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Books, Invoice Books, Account Current Books, Letter Books, Bankers' Pass Books, Policy Books, Contract Books, IHMI EXEICXJTBID JLT SHOIST ISTOTIC HI. ■ ^-'^ \ /^ PR THE Q OF W EUS] I Si- THE MUNICIPAL Cqbfi r>v OF THE io y^ PROVINCE OF Q As AMENDED UP TO THE 1st qf JuLY 1882 WITH THE QUEBEC LICENSE ACT, 1878; THE fiRST PART OF THE QUEBEC ELECTION ACT, TOGETHER WITH THE REPORTED DECISIONS RELATING THERETO, AND AN ANALYTICAL INDEX. COMPIIiBD BY de BEI.I.EFJEUII,I.E QpP^HB BAB OF MONTBBAIi. \ COND EDITION. ■.=^>r§'%=::. MONTBEAL: EUSEBE SENEGAL & FILS -PUBLISHERS. Entered and registered according to law in the Department of Agriculture, Ottawa, by EusiiBE Sem£cal & Fils, in the voar 1881. ^ PEEFAOE. The present work,which is intended for the use of of- ficers of the rural municipalities as well as of members of the Bar, comprises the Municipal Code of the Province of Quebec, the Quebec License Act.and the first part of the Quebec Election Act, with all the amendments which have been made thereto up to and during the last session of the legislature. The compiler has also added the leading decisions rendered by the Courts of the Province concerning these matters. It is of great importance that the working and administration of these laws, which concern a large, majority of the inhabitants of the Province, should be facilitated as much as possible. It will no doubt be admitted that the book now offered to the public is calculated to promote this object. Every one under- stand that it is much more convenient for those who have occasion to consult the municipal laws, to find in their proper order the various statutes with their amendments, than to be obliged to look through some twenty books in order to ascertain the amendments. Moreover, in country places, every one has not at hand the complete collection of statutes ; and even if he has, a person not accustomed to the examination of the latter may easily make a mistake in the application of an amendment. These amendments, as' every one is aware, have been very numerous of late years, especially those relating to the Municipal Code and the * PREFACE. License. Act. It may be said in fact, that these laws have been completely modified since their first pro- mulgation. The editor of this volume published in 1879 a French edition of the same work, which was well received and speedily attained an extensive circulation in all parts of the Province. This success has induced him to believe that an English edition would not be altogether useless to the English speaking inhabitants of the Province, and he hopes that he may count upon their support in the present undertaking. It may be added that this work was decided on after repeated solicitations from the Eastern Townships and other parts of the Province where the English language is that of the m'ajority. Montreal, 26th October 1881. MUJSriCIPAL CODE OP THE PROVINCE OF QUEBEC (i) » » » PRELIMINARY TITLE. EXTENT OF THE MUNICIPAL CODE ; DECLARATORY AND IN- TEHPKETATIVE PROVISIONS. 1. The Municipal Code applies to all the territory of the province of Quebec, excepting the citirs and towns incorporated by special statutes 2. The territory subject to the p of the municipal code is divided into couiily :ties. County municipalities include country, se or town municipalities. 3. The inhabitauts and the rate-payers of every county, country, village, and town municipality, form a corporation or body politic, known, as the case may ^e, as ^' The Corporation of or of the {inserting here the name of the municipality as given in the first title of the first book of this code, without the words ' municipality of or of the.' ") ^ 4. Every such corporation, under its corporate name, has perpetual succession, and may : 1870 tfJ^7''^yr^^P- ¥' assented to on the 24lh December J;! A ^.PolPl^/^"^® the 2nd November 1871, by proclamation dated on the 26th Seotembftr 1871 ' ^ ^ '^inuiauuu 6 WUN/CIPAL CODE. 1. Acquire real or personal pronertv hv nnrr. . courfo/juslice- '""' '" '-"' "^"^ ^"^ before any ;, t/"?-^S"''"''''"5'«''6''<='se<'>ll the powers vested fn ^ourses, roll«, lists, and g^t ralTy a'h olf/reTpm "■ ims coae, save in special cases otherwise provided for. ifi^^Bcfa"™ ',"!i®'=' *°.">« application of articles 100 461, 698, and those thereunto following • but thp 1,1' scription of three months runs only f^om the date^of the coming into force of this code. ' C. C. P,-Bt*i„ vs. CowoBAT.ON OP G»*NBY, fleri?|.! ISO ^ MUNICIPAL CODE. 7 Any person before whom any oath may be made is empowered, and rcquireri. whei.3ver he is called upon to do so, to administer the oath and deliver a certifl- cato thereof to the party taking the same, without fee. 7. in any proceeding in which the rights of any municipax corporation are involved, no witness is in- admissible from the fact of his being an elector or a rate-payer of the municipality, or from his forming part of the municipal council. 8. Whenever aiiv deposition or information is re- quired to be given under oath, on behalf of any muni- cipal corporation, such depocition or information may fc ^ given by any member or officer of the council. ti. Every justice of the peace and every person who refuses or neglects, without reasonable cause, to d. any act or duty imposed upon him by the provisioub of this code, or required of him in virtue of its provi- si, ns incurs, over and above the damages caused, a penalty of not less than four or more than twenty dol- lars, except in cases otherwise provid ..d for. 10. The lieutenant-governor by an order in coun- cil, may revoke any order in council made by him in municipal matters either before or after the coming mto force of this code. 11. Every person who wilfully tears down, injures or defaces any document whatsoever posted up in any "^u- ? ^^^' ""^®^ ^^® authority of the provisions of this code, incurs a penalty of not less than one nor more than eight dollars for every offence. 12. Whenever, according to the provisions of this code or of municipal by-laws, it is declared that any person must sign his name to any document whatso- ever, such person, if he is unable to write or sign his name, must affix his mark to such document, in the presence of a witness who signs. a MUNICIPAL CODE. provisions of this Jde, rZtH ateV^:"! ^^ An.^othe.fo.., to tafe^-Jl^aVHsrh^^^^^^^ inanyfoZortTn^'inf'rf <"• ^^P^essions, used affect Vevalidi"vtLrpnr^''''°?J^S' ^" °o manner being set as^de as urZsWrXl'f ■ 'H''-"" ^^^^ Of being understood iXSeTu^L^U!" '' "^*''« fomed^braTnl^S ctLTTtiT' ^^^^^^' ^^ other person is nn'l nr ^^.-h i i ' '^ ofHcers or any or insi?ffic?e,;c^ ?n he de fgnatfo^.^f th'°"°' "^^"-'"^ or of the municina iit nt ?f °u "^ ''^^ corporation of insufBcieicy in or t'he o^ii""'' ^'/v°'' "" account of the qualitfof suchofflceTnrl"^'''' declaration surprise^ or in^stice resutthLefrrm!""' ^'"''^'^ "" omifslon V^:?'rrmTtv'^. ""^"^ ^°™' <"' "P"" the allowed toyevVl ™auJ "If" ™F'ative, ^can be respecting feunicinaf m^L '"'"',""' o"" Proceeding jusrice w^uld be7one by reTe'pHn^' l"bsta'"ial i" unless the formality omiLS?e sue! £ h^J''='^°"' «■• according to the Drovisionrnf thio „ , "^ omission, null the proceedings irclher m nin^''>'^°"''^ '^""^^^ such formality. (1) '^'■''^'^ municipal acts needing fiU-gany municipal officefS to^^tw^f L'i «ENT, II 0W^6«« /. /?.n %°,™ATION DE LA PAROISSE DE St L.n. MUNICIPAL CODE. 9 and write, it is not sufficient that such person be only able to read print and to write or sign his name. 18. If in any article of this code, founded on the laws existing at the time of its promulgation, there is a difference between the French and English texts that version shall prevail which is most consistent witli the provisions of the existing laws. If there be any such difference in an article modify- mg the existing laws, that version shall prevail, which according to the ordinary rules of legal interpretation' is most consistent with the intention of the article. ' 19. The following expressions, terms and words whenever they occur in this code, or in anv municipal by-laws or other orders, have the meaning, signification and application, respectively assigned to them in this article, unless the context of the provision declares or indicates the contrary : 1. The word "municipality" means solely the territory erected for the purposes of municipal admin- istration. In every municipality bounded by a navi- gable or floatable river, the limits of the municioality extend to the middle of such river. 2. The terms " rural raimicipality " or " country municipality," include and mean parish municipaUties mumcipahties of part of a parish, of a township of part of a township, of united townships, and generally every local municipality other than town or viilaee municipaUties. ° 3. The adjective " local," when it qualifies the words 'municipality," "corporation," "council," "coun- ciJlor, refers indifferently to country, village or town councils, councillors, corporations or municipalities. 4. ixiewora " pnsn," means any territory erected into a parish by civil authority. 10 AiUNlCIPAL CODE. 'i i word"ca„ton"XsVeVCm^/„'l°- ''^^ f^-<=^ Oi The word ^* Hicfv^iVf » established by law and ifp^'ff.^'' /"'^''''•^l ' " --S'^trate-s Wished in the coLtvh,^""^ T^'^'^'^'e's court esta- tenant.governoranr|es^Lfovlrh''T S^ *«!'<'"- gistrate. presided over by the district ma- Hiunicipality : the term, u hi^"^ * p^ ""^^^^ ^^ ^ local ^' head of a muniJL Htv " n ^^f ^^ ^ corporation " or referred to hy th?wor^ " head^"" ^^'^- ^\' P^^^on under the name peculiar to h- «,P^^^«fms his duties or as warden P®'^''^'^^*^ ^'^ office, either as mayor held o' VcTuncu'o"\" vl^^^ T'^'l " --«« ^^e pality. ^ °^ ^^y councillor of the munici- 13. The term " inoti/>« ^f xu. the head of the counciTarHU'il ^1^9^' " ^^^^^s ^^so to peace, under article 125? ^ '''-'^''' ^^ J»«^ice of the MUNICIPAL CODE. 14. The word " session* employed differently to an ordinary or genera] special session. 15. The term " municipal office" duties or functions discharged either or officers of a municipal council. 16. The word " appointment " means . every election made by the municipal cb^,! every appointment made by the lieutenant^ vemur or by the municipal council, whenever, by the terms of the context, it does not refer specially to one of these cases. Th4s provision applies also to the term " appoint " and its derivatives. 1 7. The term " taxable property " means and includes only such real property as is subject to municipal taxation, and such personal property as is declared taxable by article 710. 18. The word "owner" or "proprietor" means every one having the ownership or usufruct of taxable property or possessing or occupying the same as owner or proprietor, or occupying crown lands under a lo- cation ticket ; it applies to all co-proprietors, and to every partnership, association, wooden or iron railway company, or corporation whatsoever. 19. {As replaced by 45 Vic, c. 35, 5. 1.) The word occupant" denotes the person who occupies any im- movable under any title other than that of proprietor, tenant, or usufructuary, either in his own or his- Wile s name, and who dwells upon the same and de- rives all issue therefrom; *• 19a. The word " tenant " includes also the person^ wno IS obhged to give to the proprietor any portion whatever o^ the fruits and revenues of the immov- able occupied by him, and such tenant ^hall also- awea upon such property, saving the tenant of a store, farm, shop or office." ' 20. The word "absent "denotes all persons whose domicile is without the limits of the municipality^ raaway company, or any other company which has. :|) W.' 12 MUNICIPAL CODE. any place of business whate-er in ih deemed present or domicitd S "uch^mrSS^ " 21. The word "rate-oaTOr" ^ ^ lessee, occupant or othe^Tndivwff ^i'y Proprietor, of the Uxabfe property whchhpn^' '"'"'^ ^^ ''eason in a municipafityf is IkWe for ,h£ ''"''*' °'" °'^«"Pies cipal taxes or for the con.tiw;*^ Payment of muni- municipal works by comr huS •'' ""^intenance of or money. ' ^""'ncutions m materials, labor l-1iUa.l^rd';SS?^;lfi: ~ -d includes : municipal councils or undp^i - """"^y imposed by apportionment • 2-a[l^»i/^''^'^'*-''*''*««* and acts o? terials or labor imnosed,^./"^ contributions in ma pal works, uX^procesTbaTr^fi' ^°' ""-S^- acts, and liquidated bv a rtS,?^ other municipal after special nbtice given to thp ™ "" "^ *« council or by the judgment of anycoL'f^^H^ 'P'«''«=^<1 or penalties declared in IL ' ^~all dutes, fines latedtomumd^ ^|^e° blthen^n™^'''° ^ ^'^^^ mumcpal by-laVs or Iny^^ttC whatevel?''''''''^' 23. The word " ran^-o » /• neighbouring lots usnffw /k If? '" * succession of ?t means also^ << concess L ^ "^"''" *'' '^""^ "" e- "> the same sense. '''"'° "^ * ' ''o^ (co^.) " taken lan1s^!?%Tc°elt;'lS'dffa'!:' °^ "'f'" »ea„ ail or occupied by one person or h^f"'^'' "J'' Possessed omtly, and include the SundiLf/^J^ P«^^°"« con- tliereon. " J)uU(iings and improvements I 25. The word '' In^ » «^^,. ;,ange as conceded or sSyThVn"^ •'^*^^*^^ ^^ ^^7 the oldest title t'lat is to hJ fl ^"^■'''^^ *^"e or hy subdivisions of such /w r^!/^""^' ^^ includes any sion or sale, with tL buiMW?'"'! '^t ''^^ ^^^^el ments thereupon. ^"i^dings and other improve. MUNICIPAL CODE. 13 nf ;?;w ^f^ niimicipal bridge " means any bridge of eight feet ni span or more, under the management of a municipal corporation. It doss not inclSde the bridges mentioned in article 883. 27. The word "road; includes high-roads, streets, lanes, front roads, and local or county by-roads. 28. (.45 substituted by 36 Vict., c. 21, s. 1.) The term *' boundary, fence" means th'e fence dividing iw^ pubhc or private properties adjacent one to another. 29. The word " month » means a calendar month. nn^Ui^^/lP""?'/^" " following day" does not mean nor include holidays, except when an act may be done upon a holiday. j v c 31. The words " intoxicating liquors" or "strong liquors mean all spirituous or malt liquors, all wines pa^SoS^r ''^"^" ^^^^^^>-^--^-^ • ?•/^^^?''? " ^^^^ " 0^ " debenture " means and includes all debentures issued by municipal corpora- tions tor the purpose of raising money. .33. [Added by 36 Vict., c. 21, s. 1.) The term « mu- nicipalcode" used in any act, statute, by-law, writ mg procedure, or document whatever, is a sufficient ^rovinpp^nf n ^'l?"^^^'''' ""^ *^® municipal code of the province or Quebec. 20. [As amended by 41 Vict., c. 18, s. 1.) Every lot tL^lZf}^^^ '' described 'by its number an J by Ihnn.k tSo^V^^'^^^'V'^^^*' °^^y the limits ana abuttals thereof, or m the manner prescribed by a resolution of the Council. av.iii.eu uy a '^ Jfc-.T-^ municiDality included in a registration division, in which the provisions of article 2168 of the 14 MUNICIPAL CODE. ii: of a numbered narrp] nf lo ^ •! ^^P^j^n^ ^orms part clarinp- hpMrfi^ ^^ ^?^^' i*^ ^s described by de- claring tiiat It forms part of such narppl nf lan/Z^f •. -«-■. ^45 substituted 6v 41 Fie /• 1« c 9 \ t? pality, and shail be subjec^C th7dfsD?siSonr«Mh'" iy-laws, procits-verbaux or other mnnk^fnf , "^ *'' passed to that effprt Pvon if u°""P?' ^"^^^''nents and 884, for Vork o7s,1^h"n.^''' "'"'"' ^^^ ^9^' 855 than that o3 or occunid W »' °' ^"^ ^^^i °^^^^ railway i„ the munic^S ^ ""^ "' '^°°'*^'' oeding article, wUhtn\U'S rlKX^no^^P''?- cipal council or offlcpr r",nT^^.S: v' ""* ™""i- cause the same to be IrWied h,^ »!"''' '^°'^''' "^ liable, in addition to the dT^es occasionTh"^!' nefflect orrpfimal tnnflr,«^P*° occasioned by its •Of the two DrpppdiViD- n^'A-of' '/' ^'^ ^^^ provisions BOOK FIRST. ORGANIZATION OF MUNICIPAL CORPORATIONS. TITLE FIRST. ERECTION OF MUNICIPALITIES. Preliminary Provision. , 23. Every territory which, after this code comes into force IS declared by the provisions hereof to form of Itself a diGtmct county or local municipality, dates Its formation as such municipality, under its corDoratfi name, from the first day of the month of JaSy following the time when such territory falls within the required conditions. ^ "^ CHAPTER FIRST. ERECTION OP COUNTY MUNICIPALITIES. of?*\^^®^T territory erected into a county, at or after the time when this code comes into force! for the purposes of parliamentary representation in the legislative assembly of the province, constitutes bv Itself a county municipality, under the name of '?The municipahty of the count/of {name of comty^' Pi;rtnr.TH^ united to another county, to constitute an electoral division, does not cease to form bv itself a separate county municipality. ^ * 25. Nevertheless if any local municinalitv is «^fn_ aieu parcry m one countyand partly in anotlier", such 16 MUNICIPAL CODE. local municipality continues to form part of the countv CHAPTER SECOND. ERECTION OF LOCAL MnNIClPALITIES. Section I. BDRAl MUNICIPALITIES. .„?*■ ^^®''^ territory which, at the time when this code comes irito force, has iJeen erected in virtue of the consolidated municipal act of Lower Canada or of any amendment, or subsequent special act into 'a mn nicipahty of a parish, of part of a parish of a ?own' ship, of part of a township, of united toWnshins or" nto any country municipality whatsoeverTSnues to form a local municipality operatiuR under ^e provisions of this code, uSder the name indicated W the law under which 'it was erected, unUl such timl tois codi "'^'"^'^ directed under' the authority of Gorporations or municipalities which have had rights and privileges conferred on them by snedal and exceptional provisions of law, continu J in th^ enjoyment of the same, except in so'far as the number Of this section7if-thiyia'^tLn ih^rquiSnlsT MUNICIPAL CODE. 17 this end necessary ; if not, they must be annexed to adjoniing municipalities in the county, in virtue of the provisions of this section 28. Every territory noc erected into a local muni- cipality, or every termory of which the council is not organized, is, until it be annexed to an adjoining local municipahty or until the council thereof be organized administered and regulated by the county council and it5 officers, under their usual names and with the same privileges, rights and obligations, as if such council and officers were the local council and officers of such territory. The inhabitants and rate-payers of such territory so governed by the county council and its officers are alone subject to all municipal obligations arising either from the law or from the municipal acts in force therein, in the same manner as if such territory was organized into a municipal corporation. Of Municipalities of a Parish or part of a Parish. 29. Every territory erected into a parish, and situated entirely m one and the same county, forms of Itself a parish municipality, within its whole extent save and except any parts thereof included in any township, or in any town or village municipality. SO. Whenever a territory not forming part of a township, or of a town or village municipality, is annexed to a parish in the county by civil authority or by the legislature, such territory, without further formality, forms part of the municipality of such parish, from the date of its annexation to the parish and is subject to articles 43 and 44. 31. n a part only of a parish is situated in a county, this part ol a parish forms, of itself, a municipality of 2 18 MUNICIPAL CODE. fea'sftht'hSed ff ^"^ " ""'' * PoP^'ation of at rural municipality Tthe coumy "* '"^^ ^'^J°'"'"s public JotlceTte'^lt' ha7i,^ V?"'"""" «"«■• vious to the passing thereof an/"> «'"•'!/• P^« published in £e manner nrescrfhlH tPP™^^"^, ^■"l erect into a oarish m .nLi^^f. '""^ ?'y article 41, which belongs^o U aworS nTi. ""?"^ «»« '"me any territory includedTn nnf i ** '""'"^ prescribed, pans of townships whethppn."'.'""'"* townships or cipalities, nnd Xch has hLn ^n' ,'r?'«/ '"'° °»"ni- parish, providj that snrh n! " constituted into a civil or threAunffio„ rLT-^fX'!?'"'? P°P"'''"°° county ^ ^^ wnoUy situate in the the'Iornt^.Ch^^tTLtli' iflr'^ !-"-'« i" lation of three hundred sonff^V • "'='">'«« a popu- ^ erected into a m^ci^Tu^^^-f ^Jo^/f-^ 00^.^1 t?:^^Sf *L1 ^:i„^;r%^„^e > t?f r "V^ municipality, any territory sitnahS in „ * P*"^^ townships or parts of townshinr whetLr "® °^ T^" not into municipalities, whether such f^rrit^'l"^ "'' has not been already ioinedtn In^h '?•■? ''^^ or purposes, provided tStiuch territory fnd'?i/°''K'='l" entirely situate in one and the sameToumy.^"'''' ^ 34. The name of a parish municinalitv ,•= « tu municipahty of the parish of (namT^ ;i4% "^'^ .... ..„-. „o..u, .oum, east or west, a«or(/in^ as swh MUNICIPAL CODE. 19 municipality is situated in one of these directions in relation to the principal part of the parish)*' § IL Of Municipalities of a Township or of part of a Township. 35. Any territory erected into a township, situated entirely in one and the same county, and havine a population of at least three hundred souls, as appears by the last census or otherwise, forms of itself a town- ship municipality. A township with a population of less than three hundred souls, must be annexed to an adjoining rural municipality in the county. 36. Whenever any territory which does not already form part of a local municipality, is annexed by pro- clamation to any township in the county, such terri- tory, from the date of its annexation to the township forms part of the municipahty of such township with- out any other formality. 3T. If a part only of a township is situated in a countyj such part of a township forms, of itself, a mu- nicipality of part of a township, when it has a popu- lation of at least three hundred souls. If such part of a township has not a population of at least three hundred souls, it must be annexed to an adjoining rural municipality in the county. AA^7'"" ^ii^^^^y ^^ ^^^'^ C.S sA, and as amended by 41 Vtc.c IS, s d:by 41-42 Vic, c. 10, s. 2 and by 42-43 nc, c. iz $, 1). The county council may, by resolu- tion erect into a municipahty of part of a township any territory containing a population of at Ipast tlirpp nunured souls, which already forms part of a muntc^- pality of a township, of part of a township or of unUed 30 MUNICIPAL CODE. townships, or of several contiguous townships situatpd n the same county, on p.'tition signed bvTleasfw^ "'"•ds of 'he electors of 'such territory and by a luZ nty of the electors of the remaining portion olthS' mun.cipaluv ; provided that there remans in he r^u nicipahty, from which such territory is detache?^ »' population of at least three hundred souls. ' * Kiv™'forsurh"™,vr''**' ^r"^^'^ ^? » P"Wic notice given lor such purpose, and approved and nublishert in the manner prescribed by article 41. P"°"snea a«. {As amended by 41 42 Vic., c. 10, s. 3). The name of a township municipality is "The municiDaHtv Tf the township of (name of the townsh^r ^^'^^ i= « tI,^""'' °l ^ ,«>"'»cipality of part of a township IS ;' The munieipahty oftke • • * « part of the town tie case)." "'"■'^' '°"*' ^''^ "' ^est,tosuit -"f.^wJsCiKlnf^S^^^^ which shall be given to it by the county comcil.) ' § HI. uf United Township Municipalities. tioHfd Jnrl ZmL'T-'^,^^^^^^ « resolution, sanc- artS 41 ? ,^o '^^'^ "" "'^ '"''°"er prescribed by conjointly cue local municipality, prSd that th^ population of each of these townsfcps dois not amount to hree hundred souls, and that the toi popuTatZ huL'dreVsTX''^^ "°"^' ^■"•'""*^ '° - ^^-'t h"ee ^O. From the first dav nf tho rr,,^r.♦l, ^c t which folio . ;s the approval by the Iku^nanirveS MUNICIPAL CODE. 21 of the resolution declaring such union, the townships so united form a local municipality under the name of " The municipality ol the united townships of (name of the townships).''* § IV. Annexation of a Territory to a Rural Municipality. 41. The annexation of any territory to a rural mu- nicipality, in the cases prescribed by the provisions of the preceding paragraphs, is made by a resolution of the county council. This resolution must be approved by the lieutenant- governor in council, and published within the fifteen days which follow the receipt of his approval, by the secretary-treasurer, in the manner prescribed for pul3- Kc notices, and, moreover, by two insertions in one or more newspapers and in the Official Gazette of the province. 42. The territory thus annexed to the rural muni- cipalitv becomes part of such municipality for all mu- nicipal purposes, from the first day of the month of January, which follows the publication of the resolu- tion. 4af . The members and officers of the council of the municipality to which a territory has been annexed, in office at the time of the annexation, remain in office, and form the municipal council or are the officers of the whole municipality as constituted after the annexation. 44. The by-laws, orders, lists, rolls or municipal acts, which governed the territory before its annexa- tion, continue in force for such territory, subject, xl^, T^.iLii^i;^oc, ixj fciic appiioUUUU VI piUVibiUIiS Oi Ciiap- ter three of this title, until repealed or amended by the municipal council ; and those which governed the * 22 MUNICIPAL CODE. municipality before the annexation do not annlv to Z^^ZettT'2 ""'^^ '^''^^''' ^''^ declared appiicaWe to it by the same council. tin^fr'''^®'^'"^ ''/-'^^s hereinbefore first men- tioned, can neither be repealed nor amended nor hose hereinbefore last mentioned, declared applicable lors m olhce at the time of such annexation so Ion!? poinUnt""' ^"^ '^'" °^''' '"^ ^i^'^« "^ ^ "°w a^ §V. Separation of a Territory Annexed or United :o another. 45. If it appears by a general census, or snecial census or enumeration of the inhabitants, that the territory which has been annexed to a rural mun d pahty, or united to another territory for the Zpose of forming a united township municipality, contains a population of at least three hundred souls the county council may, by resolution, divide such terr^ ory for the purpose of establishing within its oririnal limits, a distinct local municipality, or mun cipalf tTes as the case may be, provided that the ter.™rv wS remams, retains a population of at least three Lndred This resolution must be approved and published in 32 andTl."""""''' ^ '^°'' ^''''^ '° virtue of article 46. From the first day of the month of January which follows the approval of the lieutenant-governor the erntory so separated forms of itself I distinc ocal municipality, under its proper name, accordZ to the rules already established. >-oujuuig „f f7* • '^t°, '^P'-'^'y couiii-'il must cause a special census of the inhabitants of a territory which has been annex- MUNICIPAL CODE. 23 t apply to L declared first men iided, nor applicable 1 council- 1, so long a new ap- another. r special that the munici- ! purpose contains ouls, the ch terri- original ipalities, y which hundred ii;hed in f article January >vernor, distinct cording census annex- ed or united in virtue of the provisions of this chapter, to be made by one of its officers or by a person ap- pointed for that purpose, whenever required to do so, by at least two persons resident in such territory, and who offer sufficient security for the payment of the cost in the case mentioned in the following article. 48. If it appears from such census that such an- nexed or united locality does not contain a population of three hundred souls, the cost of such census must be repaid to the council by the persons who demanded the same, or by their sureties. 48a. (Added by 41 Vic.^ c. 18, s. 4.) Whenever there is, within the limits of a rural municipality, a group of at least sixty houses on a territory not exceeding two hundred and sixty arpents in superficies, the council of such municipality may, on presentation of a petition signed by two thirds of the municipal elect- ors who are at tne same time proprietors residents of the said territory pass a by-law to define the ex- tent and the limits of such territory, and to cause it to be known as an unincorporated village under such name as he may deem expedient to give it. 486. [Added by 41 Yic, c. 18, s. 4.) As soon as such by-law shall come into force, the council of the mu- nicipality is vested with the same powers and au- thority to make by-laws, with regard to such unin- corporated village, as that of the council of a village municipaUty working under the provisions of this code, except, however, those conferred by articles 617 to 623 a and 637 to 640 inclusively. SECTION II. OP TOWN AND VILLAGE MUNICIPALITIES. § I. Of exuting Town and Village Municipalities. 49. Every territory erected at the time when this code comes into force, into a village municipality 24 MUNICIPAL CODE. [innf. t^n ?nf ^^^"f7 ^^ ^"y ^*^^"t6 Whatsoever, con- tinues to form a village municipality, governed bv the provisions of this code. ' guvci nea uy ine Imown nndPv?>..-'"""^'^P^^^^^'' ^^^ designated and Kuov^n under their corporate name, accordine- tn th« provisions of the law uSder which Veywere^erected in'th^ T!!,';'°'^° ^I^'^ ""''?'', municipalities, specified n the two preceding articles, are designated anrt nown under the corporate name which Mon»s to vhi>hX°"*'°^ '" the provisions of the law u"„d ? wJiicn they were erected. § 11. £rectidn of New Village Municipalities. cimmv^a^f^.^n^v^ ^"'^"'^ P^^t «^ a ^"^-al muni- rnu iLTrSrf^h^ "^P^"*^' ?'^ ^' erLted ilTvflkgf municipahty by a proclamation of the lieutenant ircS'Tt^if r^^grYpr^^"- "^ ''^^ ^--s c.lb, 6. 5.) The county council, on nresentatinn nf J petition, signed by two-thirds oV the^Scina lelerf ors, who are at the same time proprietor^ iSntfnf tJie territory which is sought tl b^e Erected imof^^^^^ lage municipality, names a special superhitendlnt V^^'i^^ visit such territor/ for tS^purDos^ J^l'i'h-?^'"^ '^' ""^"^^^ °f houses thereon^S and inhabited, and to report on guch petition. ^ n-.f^fnUhf T':'''^ superintendent, after having made oath faithfully to peiform the duties of his office ^ ves Dublic TinhVp tn th^ i^.u^-u:,. ^ ^"^ /ai& uince, gi- nicipahty concerned, of the day and hour at whTch * - MUNICIPAL CODE. 25 oever, con- rned by the nated and iing to the re erected. s, specified nated and belongs to law under s. ral muhi- ts, at least exceeding ' a village eutenant- )rmalities y 41 Vic, tion of a pal elect- iidents of ito a vil- ntendent rpose of 'uilt and ^g made ffice, gi- ral mil- t which he is to commence his visit and make the examination of the territory described in the petition-. At the time and place fixed he must give a hearing to every interested party who appears, and receive from such party any objection or opposition, whether written or verbal. 54. The special superintendent must set forth in his report to the council : 1. The number of houses built and inhabited on the territory in question ; 2. The number of the houses built and inhabited, within a space not exceeding sixty superficial arpents, on any part whatsoever of the territory j 3. A clear and precise description of the limits, which, in his opinion, should be given to the territory which is sought to be erected into a village munici- pality ; If the limits described in the report differ from those set forth in the petition, the special superinten- dent must atate the reasons of such discrepancy. 55. The report of the special superintendent must be accompanied by a plan of the territory in question distinctly showing : * 1. The limits defined in the report ; 2. Those defined in the petition, if they differ from those defined in the report ; 3. Streets opened ; 4. Streets projected ; ■~j. ijuin JJUiit UjJUU j 6. Lots vacant. 26 MUNICIPAL CODE. ^-i^^'nt^nTn^tS^Z'^iX^! -port, the special ;{;g it, together w?th a co^y of eac^'l" ^^TV'"'^- the county council. ' " '"^ o^ce of no«c*e-orthef1fi;to7;Srer,r.l' ^'^^ ?"«- of the rural municipality frorwhi.°h-»' ■'"'»'""'«"'« to separate the territory Tn m^^tJ^n *^' '^ proposed same time the nlace whivJ'^! "' indicating at the port and theXn r^^ll communication of the rel dating from thf^Shao''n%'ftc"httt ^°'"^^'«^' wiuf orl^Vrt7meSi'.,rZ™'''^'=' f homologate, superintendent, wUhm two nml T" V'^'' ^P«<^i«l tion of the notice of thrfil.wi/ ^T ""« P»Wica- oflBce of the council ^ °^ '"'''' '■«P°« a' the and amrdiem^TThf r^*^, '^ l^« consideration public notic^ To the nhahlfw "7^°"' ^^'^ giving pality concerned, of he d^l^i„.?h^' '■"'■'' """»«■" pji-oceedings are ti commenc J and ijfiJV ^^'i^ ^'^ •all interested parties Sclndi,, J fh " '^'^\"^^ heard tendent,ifsuch^eari;igisieqlired '^'''"^ '"^^""■ tofhtsSafrplSdem-fret '}"' '"'"'^U ^°-"' on the oriMnal anrl f h» . • W^'' "^^st bo entered the council or on sheets''' nf'°'^Sed in the office of nexed. ' " ^^^^^'^ of paper thereunto an- publtuon'ol ti?'n"l!ce" o/it^" ""■"'''^ fr°- 'he the special superL"endent 1 iln P°''''.** ""^PO''' of as it then is, u.Sn"S^,^vafi h^s'h'^"^ or expressly homologated hy tiriountT counciF"'''' intendenfs"reporVunde"lrHH"o ''.7""' 'P"'='i»' ^"P"^" F i", uuuei aiticle 57 or article 59, the MUNICIPAL CODE. 2r secretary-treasurer is bound to transmit to the pro- vincial secretary a copy of the report and any amendments which may have been made, as w^ell as- of any other document connected v^rith it, together with either the plan or a copy of the plan of the terri- tory in question. 61. The lieutenant-governor, may, by an order in. council, approve or reject the said report with its. amendments, or may modify it or amend it anew. 62. If the report is approved, with or without, amendment, the lieutenant-governor issues a procla- mation erecting the territory described in the report into a village municipaUty, and declaring its name and defining il^i limits. 63. {As amended by 41 Vic, c. 18, s. 6.) The proclama- tion comes into force on the day of its publication in the Official Gazette of the province ; and two copies certified by the provincial secretary must be sent to the office of the county council. 64. The secretary-treasurer of the county council gives public notice of the issuing of the proclamation erecting such village municipality, and transmits one of the copies of such proclamation to the mayor of the new municipality as soon as he is appointed. 65. From the date of the proclamation coming in- to force,the teiTitory,as defined in such proclamation^ is detached from the local municipalitv of which it formerly made part, and becomes a distinct village municipality under its corporate name. The remaining part of the municipality, if it con- tains a population of at least three hundred souls,, continues to form a distinct municipality under its corporate name, the members and officers of the council then in office, remain in office as if the erec- 28 MUNICIPAL CODE. tion of the village municipality had not taken place sundinr'""' ^^'' '° '""''^■'^ "°'^"'^' «6. The by-laws, orders, rolls or municiDal acts .vhich governed the territory before its erectC into lra%=To'S^ :rpSo!i"/?Ilfe S^i^on^ ti iS^afe'd SXl^ly 'etun"^i'' '^^^ ^ -= ^•T*. 'T^e name of a village municipality is " The municipality of the village of {name of the village). " § HI. Erection of New Town Munichpalities, 68. The lieutenant-governor in council may bv proclamation, erect a territory forming a viiwj' mu SST^s^ o^.^T" municfpality, if\e deS if^' so to do municipality and its inhabitants nn?^' '^H- .proclamation issued in virtue of the nre- ceding article, must be published in the Omcial Ga- zette of the province and comes into force on the first day of the month of January after it has issued t^n^muri^X?' "'^^^ '^^' ^-^ --^^^ ^'^- The secretary- treasurer of such municipality must give public notice of the issuing of the DroclampHnn immediately on receipt of a copy thei^of^ ' #0« The bv-lflws nrrloi'o i^i^llr. r%f •-• i which govei^dthe territory bSo;:; iTSon iZ MUNICIPAL CODE. 29 a town municipality, continue in force after such erection, until they are amended or repealed by the town council. 71. The name of a town municipality is : " The municipality of the town of [name of the town). " § IV. Annexation of a Territory to a Town or Village Municipality. 72. Every territory forming part of a rural muni- cipality, adjoining a town or village municipality, situated in the same county as such town or village, and inhabited in the proportion of at least forty fami- lies within an area of sixty superficial arpents, may,- by a resolution of the county council, be annexed to such town or village municipality. 73. Articles 41, 42, 43 and 44 apply equally to annexations of territory made under the preceding article. §v. Annexation of a Town or Village Municipality to an adjoining Local Municipality. 74- [As amended by 36 Vict.^ c. 21, s. 2 and by 41-42 r/c, c. 1 0, 5. 4). Every town or village municipality may be annexed to another adjoining local muni- cipality in the county, by proclamation of the lieute- nant-governor, on a petition signed by at least two- thirds o' the electors of such town or village munici- pality, as well as by two-thirds of the electors of the municipality to which such first-named municipality is sought to be annexed. Any part of a town or village municipality may, in the same manner, be annexed to any local adjoining municipality in the county, provided there remains in :30 MUNICIPAL CODE. the town or village municipality a territory of sixfv Nevertheless, when a village municipalitv is situ, ■ated partly in one and partly in the other of T^n adjonnng parishes, either of the two such parts of the village municipality may be annexed to the m un°ciDa hty of the parish of which such portion of tC v K muniwpahty forms pari, provided that the peU of praying for such annexation, be signed bv all the m-n' pnetors residing in the portion wh ch demands sSch tKunfcirL^^tf '^,° '^^' *«^« "• '-^''"^ in lae niunicipality of the village a territory of sixtv Ses! '" ^"P^^fi-^'^^- '^'""a'ning fortrinhaS 75. Such proclamation comes into force on the first day of January following the date of its issSe 76. {As substituted by 36 Vict « "1 c r district, by reason of its illegality, in the same jffect as a municipal by-law, and is subject to the pro- ^ visions of articles 461 and 7U5. (I) 101. Any council which has neglected to appoint its head, or its officers, or to fill any vacancy it was bound to fill, within the delays prescribed, may still make such appointment or fill such vacancy after such delay, unless the lieutenant-governor has already done so under the provisions of this code. (I) Held: — That an appeal lies from a, judgment of the Circuit Court under act. 100 of the Municipal Code. —Ralph & Corpo- ration OF THE Township of Stoke — XXIV L. G. J., 103. :m MrJNIClPAL CODR. 1 lOa. Any (lonniKMit, ord.M* of proc-nodiuff of a mip'ripal ooiiiiril, tho luihlicilJon of whirli is nMiiiir. '«1 hy tho pnuisioiis (>r Ihis (•()(!,< or l^y |,|,n roimcil ilscK, nuist l»(» pulUislKMl ill ilio maniior and at. llm PjH'os pivsorilu;.! for public noliooH, oxcopt in cubus olhorwiso providml for. * 10:i. Any piM'soii nroducinp: or lod^nim any doru- nuMit lyiat.M^- to imniicipal inaUors in \]w onico of liio counnl, or boloiv i\\o i'ouncil in session, is onlitliMl to a ivcoipt or arknowh^dKnuMit (•(M'tifyin;; tln^ i)mduc- lou or deposit, of such doi'mniMit, IVom tlio sccivlarv- roasun'r,or in his ahsoncv, IVom liio i)orson preaidiiiff It tho conncil, il tho council is in session. t ul I Any s-croUry-tiTaanrcr or person presiding who neglects or rel uses lo rocoivo an V sucli docunnMit or to tleposit th(> sanit> in (he archiVos of tho c-ouncil, or to giw the reqmivd ivceipt,in(uirsa penalty of twtMity dollars m oacli case, in addition to tho damages caused l)y such rolnsal or uegiecl. lot. DocnnKMits produced as oxliibits, and filed in the ollici) ot tht^ council or with its oilicers, must be retui'ned on reci^pt, to the persons who produced tlio same, whenever they require them. 10P5. Tho ollice of tho conncil is that wliich is occupied by the si>cnMarv-tn\'isurer in his oliicial <'apacity, and musl be held within tiie limits oflho municipality, except in the case ol" the rollowin<» articlo. ^ lOO. The oihcc of the council of a rural munici- phty, or of its ofhcers, and the place where it holds Its sessions, may be established in the municipality of a village of a town or of a city, incorporah-d in vmue of this code or any other act, provided always, that siiCii miuiicrfKuity of a village, town or city is coiitiguous thert t). MUNICIPAL CODE. 39 107. Kvory Horvirn, production or dopoHit, which should hn iTiadn at l\w. ollicii of tho council, may bo iiiad(^ vvil.li ('(jiial vali'^ '^ ^ a^-- _ j--^^ ^ ment and the names of the members of the council MUNICIPAL CODE. 45 i present, must be inscribed in the minutes of the sitting in the book of the proceedings of the council. In this case a special notice of the adjournment is given by the secretary-treasurer to the members of the council who were not present at the time of ad- r rnraent. The service of this notice must be estab- isiied, at the resumption of the adjourned session, in the same manner as that of the notice convening a special session, and the absence of service of such no- tice renders every proceeding adopted at such part of the adjourned session, void. 140. No council is dissolved by the fact of any session thereof not having taken place. 141. The place where the sittings of the council are held, must be as much as possible in the most public place of the municipality. CHAPTER SECOND. OF THE OFFICERS OF THE MUNICIPAL COTTNCaL. Section I. ^ Of the Secretary-Treasurer, 142. Every municipal council must have an officer entrusted with the care of the office and the archives of the council, and designated by the name of *' secre- tary-treasurer." In every newly-formed municipality the secretary- treasurer must he annninliftd hv thft nnnnnil within -zc ■ thirty days after the entry into office of the majority of the new councillors. 46 MUNICIPAL CODE. in"*fu'^* The secretary-treasurer remains in office (lur mg the pleasure of the council. ^' 144. {As amended by 41-42 Vir r in c 7\ t?„« secretary-treasurer, be/ore acting a'ssuiS must miS oa h to discharge well and faitWuUy he'dutl o? his ^We securi.:?','f,h^'''''" '""'"'^ '"'^^ nerlollowi.?^ give security in the manner prescribed by this code! Nevertheless the want of security shall in no wkJ prevent the secretary-treasurer from pe Cmin-v tl | duties of his office ; but the members of thrcoundl under whom he acts, who have not exacted or rip "sponlble in ,h'=""'^' ^"^^^ ^^^ Jo^^^/andlevrraUy 'X of'irtrclem;""' '"'""''■ '' "^ *''« «"^«"«« i° and privileges, and under the same obSons Tnri penalties as the secretary-treasurer himseff^ceDf as regards giving security. ' '-^'^'^P' *» trei"snrpr'?h!°^ "^ vacancy in the office of secretary- ■•p ue to ' nerform'fhi". ";9'-etary-treasurer must con- vacancy isTlfed " '^"'^'^ °^ '^' °®'=« '^'^'il '^^ The assistant secretary-treasurer enters inm nffi^^ duts"otS''oV° ''4'^^' -«» an"dtitWu l?t| seded at wil hv ?^ * = ^^ ""^^ '^^ '•amoved or super- seaea at wiU by the secretary-treasurer. the"ret'on^sTbmtv nnh."^^*' ^/'""^'^""^ ^^ ^"'^ " 'der point ■^Wmin^ /f^u secretary-treasurer wh< ap- tveaL I™. ° ""^ '"''^'^«' <>^ '"«li secretary- sam^ S=,7llSHl''Ll=!il'''JlL.^?'=''<''?'-y-''-easurer has the MUNICIPAL CODE. 47 * §1. Of the security furp^ I by the Secretary-Treasurer. 146. The secretary-treasurer furnishes either oi:e or two sureties, whose'^names are firjt approved by re- solution of the council. 147. The sureties bind themselves jointly and se- verally with the secretary-treasuT'er, towards the cor- poration, for the due performance oi the duties of his office and for the payment of all moneys, for which the latter in the exercise of his office may be account- able, whether principal, interest, costs, perialties or damages. 148. One of the obiigees must hypothecate, in and by the security-bond, property belonging to him per- sonally for the pavment of a sum determined by reso- lution of the council and exigible under the provi- sions of the preceding article. This hypothec may be given in the same instru- ment by more than one of the obligees, or upon more than one property. The properties offered must be previously accepted by resolution of the council; nor can they be ac- cepted until it is proved to the satisfaction of the council, that they are worth, at least, beyond all charges and hypothecs upon them, twice the amount of the hypothec required. 140. The security-bond must be accepted by the head of the council in the name of the corporation, and be executed before a notary, or in duplicate, sous seing prive^ before two witnesses who sign the same. Such security-bond, any law to the contrary not- withstanding, constitutes a hypothec on the immov- ables therein described, so soon as it shall have been 48 MUNICIPAL CODE. registered in the office of the registration division in v/t):",h such immovables are situated. It is the duty of the secretary-treasurer, without delay, to register his security-bond, and after he has registered the same, to trai..mit a copy thereof or a duplicate thereof to the head of the council, together with a certificate of its enregi itration. "^h^^'^^r 150. The sureties of the secretary-treasurer may at any time by giving notice in writing of their in! >fil^^"p ll ^^® secretary-treasurer himself and to the head of the council, free themselves from fiilure lia- bihty under their bond, at the expiration of thirty days after the service of such noticef ^ This notice is given and served by a notary, or by o^L'r'-f ^'""'l^^ ^? ^ "^i'^^- delivered in present of one witness who signs the same. ^.■*^*v'^^?i.^'' ^^®*^.^"*'"^^^^^®^ "lust, within thirty days after the service of such notice furnish other ^«ff' 1? '? /•^'^ ""^.^^^'^ .^^° ^^^« withdrawn ; in delault of his so doing, he cannot discharge any of the functions of his office, under a penalty of twenty dollars for each infraction of this provision. , 152. Whenever one of his sureties dies, becomes 'nf ?i7^''> ?'• removes his domicile outside the limits ot the district, the secretary-treasurer must, so soon as b i becomes aware of such fact, inform the head of the council, m writing thereof, under a penalty of one hundred dollars ; and he must supply the place of such surety within the thirty days next following. In default of his so doing he cannot perform any of the duties of his office, under the penalties prescribed by the ;eceding article. ^ *u7^~Z' ^ — ---- --. ^. -„.. ....^ ^^.^j^Q.^^r-y-iTvSiSurev. after they are freed from future liability under their bond, or after the secretary-treasurer has ceased to discharge ivisiou in ', without er he has feof or a ., together irer may, their in- ind to the ruluro lia- of thirty try, or by L presence in thirty ish other awn ; in ge any of of twenty , becomes the limits t, so soon e head of Ity of one place of wing. In ny of the jribed by rer, after eir bond, iischarge MUNICIPAL CODE. 49 the duties of such office, may exact from the head of the council a certificate of di. ;i aige for the future, which certificate, after registraMon th^i-eof, discharges thenceforth the immovables hypothecated by such secur^*/.bond. 154. The head of the council is authorized to give and si^n a consent to the discharge of the hypothec given by the sureties of the secretary-treasurer, in cases where such consent may be asked and granted. 155. No pers'. . who has bet i surety for any secretary-treasurer, car be a member of the council whereof such secretary-treasurer was the officer until he is discharged from all obligations towards the corporation arising out of his security-bond. 155^. {Added by 41-42 Vic, c. 10, s. 8). The secre- tary-treasurer may, with the consent of the council, in lieu of hypothecary security, furnish security by means of a bond or policy of guarantee in favor of the corporation, in any Canadian Guarantee Assurance Company, which may be approved of by the council. § II. General Duties of the Secretary-Treasurer. 156. The secretary-treasurer is the keeper of all the books, registers, plans, maps, archives, and other documents and papers, which are either the property of the corporation, or are produced, filed and pre- served in the cmce of the council. He cannot divest himself of he custody of these archives, except with the permission of the council, or under the authority of a competent court. 157. He attends at all sessions of the council and draws up minutes of all ihe acts and proceedings 4 50 MUNICIPAL CODE. and thereof, in a register kept for that purpose, called '^ The Register of Proceedings. " All minutes of the sitting of the council, must be approved by the council, signed by the person who presided over the council during such sitting and countersigned by the secretary-treasurer. Whenever a by-lav^ or a resolution is amended or repealed, mention must be made thereof in the marpin of the register of proceedings, and opposite such by- law or resolution, together with the date of its amend- ment or repeal. 15S. Copies and extracts certified by the secretary- treasurer from all books, registers, archives, docu- ments and papers preserved in the office of the coun- cil, are evidence of their contents. 159. The secretary-treasurer collects and has charge of all moneys due or payable to the corpora- tion. ^ 160. He pays out of the funds of the corporation ail sums of money due by it, whenever he is author- ized to do so by the council. If the sum to be paid does not exceed ten dollars, the authorization of the head of the council is sufficient. Even in the absence of authorization from the councU or from the head of the council, it is his itv to pay, out of the funds of the corporation, any dx. h or order drawn upon him, or any sum demanded by any one empowered so to do by the provisions of this code, or by the municipal by-laws. No draft or order can, however, be legally paid unless the same shows sufficiently the nature of the use to be made of the sura therein mentioned : lOi. No secretary-treasurer can, under a penalty of twenty dollars for each infraction : MUNICIPAL CODE. 61 pose, and 1, must be rsou who tting, and nended or le margin 3 such by- ts amend- secretary- ^es, docu- the coun- and has 3 corpora- >rporation is autiior- 3 be paid on of the from the his ity any di. h anded, by ns of this lid unless ihe use to 1 penalty 'J:^a\ ^if ^^^Ses to rate-payers or other persons 11 debted to the corporation for municipal taxes or other debts, without having actually received in cash or m lawful value the amount mentioned in such dis- chu/ges; 2. Lend, directly or indirectly, by himself or bv others, to rate-payers or other persons whatsoever moneys receivea in payment of municipal taxes or belongmg to the corporation. 163. {As amended by 45 Vic., c. 36, 5. 1.) The secre- tary-treasurer is bound to keep, in the form prescribed by the provincial secretary, books of account, in which he enters, accordin, to date, each item of receipt and expenditure, mentioning therein the names of all per- sons who shall have paid money into his hands, or to wliom he has made any payment. He must preserve and file amongst the archives of the council all vouchers for his expenditure. IGJi. The secretary-treasurer is bound to keep a repertory, " in which he mentions in a summary manner and in the order of their dates, all reports proces yerbaux, acts of apportionment, valuation rolls' collection rolls, judgments, maps, plans, statements! notices, letters, papers and documents whatsoever v^^ich are m his possession during the exercise of his office. 164. {As amended by 41-42 Vic , c. 10,5.9). The secretary-treasurer's books of account and vouchers for his expenditure, together with all the registers or documents in his possession as archives of the council are open for inspection and examination on office days, between the hours of nine in the morning and lour in the afternoon, to members of the council, to mumcipal officers, to every interested party, and to ... _j--.j — .„ .,.^^. xxi.Liiii.uijjaiiij, ur lueir aiiorneys^ Such persons, either themselves or by their attor- 52 ftlUNICIPAL COOZ. neys, may take either with a pencil or with a pen, all notes, extracts or copies which they may require. 165. The secretary treasurer is bound to deliver, upon payment of his fees, to any person applying for the same, copies or extracts from any book, roll, register, document or other paper, which forms part of the archives. It is also his duty to send without delay by mail to the principal place of business of any corporation, or iron or wooden railway company, which shall have filed in the office of the council a general application to that efFect,and shall have made such principal place of business known, a certified copy of every public notice, by-law, resolution or pro- ces verbal filed for homologation or homologated which affects suqh corporation or company, as well as a certified extract, from the valuation roll, including the valuation of the taxable property of such corpo- ration or company, together with a bill of his fees, which the company is bound to pay immediately on receipt of such document. His fees, until established under article 471, and unless otherwise fixed by the provisions of this code, are ten cents per hundred words, and fifty cents for the certificate. The secretary-treasurer nevertheless is boand to furnish gratuitously any copy or extract required by the lieutenant-governor, or by the council or its officers. 166. {As substituted by 41-42 Vic.^ c. 10, s. 10). The secretary-treasurer is bound to render, during the month of January in each year, a detailed account of his receipts and expenditure up to the thirty-first day of the month of December preceding, and he is also bound to render such account oftener if required by the council. 167* If he refuse or neglect to comply with the provisions of the preceding article, he may be sued MUNICIPAL CODE. 53 by the corporation to render such account, before any competent court, and may be in such action con- demned to render account and to pay damages for such refusal or neglect. He must be condemned to pay the sum which he has admitted to be due,or which he has been declared to owe, together with all such ether sums as he ought to have debi^ 1 himself with or which the court holds him accountitOle for, with interest in every case, at the rate of twelve per cent., by way of penalty and the costs of suit. Every such judgment carries with it coercive im- prisonment, if the same has been demanded in such action of account. 168. {As substituted by 36 Vic, c. 21, s. \ and as amended by 41 Vic, c 18, s. 7, by 41-42 Ftc., c 10, s. 11 and by 45 Vic, c 36, s. 2.) The secretary-treasurer of every local municipal council is bound, yearly, be- tween the first and thirty-first days of January, follow- ine the year during which the valuation roll is made, to transmit to the nrovincial secretary a return showing : 1. The name of the corporation ; 2. The estimated value of the taxable real estate; 3. The estimated value of the real estate not subject to taxation ; 4. The estimated value of the property declared liable to taxation, by article 710 : 5. The number of persons paying taxes : 6. The number of arpents of valued land ; 7. The rate of assessment in the dollar imposed for all purposes whatsoever ; 8. Tiie value oi xne propt^ny ui m^ -ouipuiaciu-ii, 9. The debentures of the corporation ; 54 MUNICIPAL CODE. 10. The amount of taxes collected within the year, including the amount for the county council ; 11. All other sums collected; 12. The amount of arrears of taxes ; 13. The capital amount due to the consolidated municipal loan fund ; 14. The amount of interest due upon such loans; 15. Other dehts ; 16. The amount raised hy loan within the year; 17. The amount received from the government under the seigniorial act ; 18. The interest paid on debentures ; 19. The expenditure on salaries, and other expend- iture for municipal government; 20. All other expenditure ; 21. The number of persons resident in the munici- paUty ; 22. Repealed by 41 Vic.^ c. 18, 5. 7 and then replaced by 45 Vic, c. 36, s. 2.) And every other statement which the lieutenant-governor in council may require. 23. {do) 24. {do) 25. [do) MHa, {Added by 36 Vic.^ c. 21, s. 4 and as amended by 45 Vic, c 36, s. 3.) The secretary-treasurer of every county councilis also bound, in the month of January in each year, to transmit to the provincial secretary a return showing : 1. The name of the corporation ; 2. The value of the property belonging to the cor- poration ; 3. The corporation debentures : 4. The capital amount due to the consolidated mu- nicipal loan fund ; MUNICIPAL CODE. 65 5. The amount of interest due on such loans ; C. Other debts ; 7. The amount received from the government under the seigniorial act ; 8. Other revenues ; 9. The interest paid on debentures ; 10. The expenditure on salaries, and other expendi- ture for municipal government ; 11. All other expenditure ; 12. And every other statement which the lieutenant- governor in council may require. 1686. {Added by 36 K/c, c. 21, 5. 4 and as amended by 45 Fzc, c. 36, s. 4.) The commissioner of agriculture and public works shall annex to his annual report, made under chapter fifteen of 32nd Victoria, as an appendix, a compiled statement of the reports made in virtue of the two preceding articles by counties, with a summary of such reports, by counties only, and forward such statement to the provincial secretary. 16». [As replaced by 45 Vic.^ c. 36, 5. 5.) Every secre- tary-treasurer or clerk of a council of a local munici- pality or of a village, town or city council, who neglects or refuses to comply with tne provisions of article 168 and furnish all the information set forth in the forms prescribed by the lieutenant-governor, in council, or by the provincial secretary, if such forms have been addressed to him by the provincial regis- trar in the course of the month of December pre- ceding, is liable to a fine of not less than fiftv and not more than two hundred dollars, in addition to the costs. 170. All actions, claims or demands against the secretary-treasurer, resulting from his administration, are* prescribed in five years from the day in which such actions, claims or demands originated. 171. {As amended by 41 Vic, c. 18, s. 8.) The office • • vx.._ ev.,icic;ij-ticu5UiLT lb esLajjusiiea in ine piyce- where the sessions of the council are held, or ia any ■ •i 56 MUNICIPAL CODE. Other place fixed, from time to time, by resolution of the council ; provided the same be not in an hotel, inn, or place of public entertainment in which are sold spirituous, vinous, or fermented liquors. 172. The secretary treasurer and the assistant- secretary-treasurer are also officers of all courts estab- lished in the province, and may be dealt with as such by them, whenever such courts deem it necessary. Section II. Of the Auditors. 173. Every municipal council is bound to name one or two auditors in the month of March of each year. IT^. The auditors enter on their functions as soon as they are sworn to discharge well and faithfully the duties of their office. They remain in office until the entry into office of theu" successors. 175. No one can be appointed an auditor who is unable to read and write. 176. [As amended by 41-42 Vic, c. 10, s. 13.) The auditors are bound, in the month of February in each year, and whenever the council requires, to make an examination of and to report respecting all accounts of the corporation, and all accounts relating to any sub- ject falling within the jurisdiction of the council. Section III. Of appointments by the Lieutenant-Governor* 177- {As amended by 41 Re, c. 18, s. 9.) Whenever a municipal council has allowed the prescribed delay MUNICIPAL CODE. 57 to expire without making the appointment of any officer, which it is bound to make in accordance with the provisions of this code or of its by-laws, the lieu- tenant-governor in council may make such appoint- ment, with the same effect as if it had been made by the council. This article does not apply to the secretary-trea- surer. , 178. In the event of such omissions on the part of the council, the secretary-treasurer, or in his default the head of the council, is bound, without delay, to notify the lieutenant-governor thereof, by letter ad- dressed to the provincial secretary. Any rate-payer of the municipality may give this information to the lieutenant-governor. 179. All appointments made by the lieutenant- governor must be notified to the head or to the secre- tary-treasurer of the council, by letter from the pro- vincial -secretary ; and the secretary-treasurer is bound at once to inform the person appointed thereof, by special notice. ISO. {As amended by 41 Fw., c. 18, s. 9.) The lieu- tenant-governor in council can only appoint to muni- cipal offices, persons ehgible for the offices which they are called upon to fill. 181. The lieutenant-governor may revoke any ap- pointment of a municipal officer made by him, and, if ne deems it necessary, replace such officer by another Section IV. Miscellaneous Provisions. 182. The council, in addition to those whom it is bound to appoint, may appoint all such other officers 58 MUNICIPAL CODE. a8 are necessary to carry into effect its orders and the provisions of this code. 183. Municipal officers, in office at the time of the coming into force of this code, are maintained in their olhces, until they are replaced under the provisions of mis C0Q6< 184. If the place of any municipal officer becomes vacant, such vacancies must be filled by the council within the thirty days next following. 185. Every appointment or removal of a munici- pal officer, made by the council, is made by resolution 01 the council • such resolution must be communi- cated without del^y, by the secretary-treasurer to the person who is referred to therein. 186. Every municipal officer who is bound to take the oath of office, before entering upon Lis duties, must do so within the fifteen davs which follow the notice of his appointment. In deiault of his fo doitiff, he is de^ed to have refused to discharge the duties 01 the oliice to which he is appointed, and is liable to the penalties prescribed for such refusal. He may, nevertheless, until the vacancy caused by his refusal be filled un, enter upon his functions and exercise the same, if he is capable of doing so with- out prejudice to costs of proceedings instituted against • 187. Any certificate attesting that an oath of office has been taken by any municipal officer, must be filed without delay, in the office of the council by the per^ son who has taken such oath. *?^* u^° Sf*? ^^*y' writing or proceeding, exe- cuted in his official canacit-y. by a Trjiinirinal office^ who holds office illegafly, can be set'aside solely from his so holding such office illegally. MUNICIPAL CODE. 5<) 189. Every municipal officer may be removed by the council that appointed him. Any municipal officer, appointed by the lieutenant-governor, may be. in like manner, removed by the council under which he is acting, provided always that such removal be approved by the lieutenant-governor. lOO. Every officer appointed to replace another, holds office only for the remainder of the time for which his predecessor was appointed. 191. {As amended by 45 Vic, c. 35, s. 5.) Every municipal officer who has ceased to discharge the duties of his office, is bound to deliver within eight days next following, at the office of the council, all the moneys, keys, books, papers, insignia, documents, and archives, belonging to such office. 192. (is amended by 45 Vic.^ c 35, s. 6.) If any municipal officer dies, or absents himself from the province, his representatives are bound, Within one month from his death or departure, to deliver at the office of the council, the moneys, keys, books, papers, insignia, documents and archives, belonging to the office so held by him. 193. The eorperatlen Is entitled In addition to any other legal recofurse whatsoever, to recover by process of revendication, from such officer or his representa- tives, all such moneys, keys, books, insignia, or ar- chives, with costs and damages, Every judgment rendered in any such actloa may be enforced by coercive imprisonment against the person condemned, whenever such imprisonment is demanded by the action. 194. The corporation may exercise the same rights and obtain the same remedy against all other persons iUiriiig iii Liicxi j_;wssc55iuii, ana ruiusiiig lu ueiiver up such moneys, keys, books, insignia, and archives, 60 MUNICIPAL CODE. 195. Every person who refLses or neglects" to obey any lawful order of any municipal officer, given in virtue of the provision of this code or of municiDal hy-laws, incurs for each offence a penalty of not less than one or more than five dollars, saving cases other- wise provided for. Every person who hinders or prevents or attempts to hinder or prevent, a municipality officer in the ex- ercise of his functions, incurs for each ofTence a pen- alty of not less than two, nor more than ten dollars, and is further responsible for all damages caused by him towards those who have sustained them. 196. Eve y municipal officer in whose hands is deposited or filed any document whatsoever, is bound, on demand, to give a receipt therefor, under the pen- alty prescribed in article 103. Should the document deposited or filed form part of the archives of the council, it is the duty of the muni- cipal officer, with all possible speed to file it among them, under the same penalty. lOT- Whenever an act must be executed by more than two municipal officers, it may be validly executed by the majority of such officers save in special cases otherwise provided for. 198. The council cannot, in any manner, dischar- ge or exempt its officers from the performance of the duties imposed by this code, except in particular cases where such power is conferred upon it. 199. The corporation is responsible for the acts of the officers of t»^e council, in the executions of the functions in whicn they are employed, and also for all negligence in discharging their duties, saving its re- course against such officers. MUNICIPAL CODE. 61 200. Municipal officers are liable for their acts or in damages arising from their refusal or neglect to discharge their duties, to the corporation only ; save in so far as penalties incurred by them are concerned, which penalties may be recovered according to the rules of the second title of the third book. CHAPTER THIRD. OF PERSONS BOUND TO ACCEPT MUNICIPAL OFFICES, AND OF THJSE INCAPABLE OF OR EXEMPT FROM DISCHARGING THEM. Section 1. Of persons hound to accept Municipal Offices. 301. Whosoever is capable of discharging any municipal office in the municipality, and is not ex- emlpted from so doing, is bound to discharge such office if he is thereunto appointed, and to perform all the duties thereof, under the penalties prescribed by law. No one, however, is bound to accept or to continue in the discharge of the office of secretary-treasurer. 202. Everv male resident of full age in a munici- pality, not declared disqualified by a provision of this code is capable of discharging a municipal office. Section H. Of persons disqualified for Mwnicipal Offices, 203* The following cannot be appointed to or fill municipal offices : ^ 1. Minors ; 62 MUNICIPAL CODK. 2. Persons in holy orders, and the minister of anv religious denomination ; ^ 3. Members of the privy council ; 4. The judges of the court of Queen's ^ench, of the superior court, and of the court of vice- admiralty district or police magistrates and sheriffs ; 5. Officers on full pay of Her Majesty's army or force'- "^^ ^^'^^^^ ^^ "^^" °^ ^^® provincial police 6. Keepers of taverns, hotels or houses of public en- tertainment, or persons v^rho have ^cted as such with- in the twelve preceding months. 204. (i5 amended by m Vict., ch. i1, s. 5.) Who- soever has no domicile or place of business in a municipality is incapable of exercising any m-niicipal office of such municipality, except those of secretary- treasurer, auditor, valuator or special superintendent 205. No person receiving any pecuniary allowance or other consideration from the corporation for his services, or naving, directly or indirectly, by himself <)r his partner, any contract or interest in any con- tract with the corporation, can be appointed a mem- ber^of the council of the said corporation, or act as Nevertheless a shareholder in any incorr . m>u company, which has any contract or agreemen. *"' -any corporation, is not disqualified from acting as a member of the council of such corporation. The word "contrat" used in the first provision of this article does not extend to any lease, nor to any fial -, or purchase of lands, nor to any loan of money noi to any agreement respectirfg any of these acts. ' 306* Other disqualifications rel.atix^p. to ^orf^'r^ municipal offices, are prescribed in the provisions xespecting these offices. MUNICIPAL CODE. 20T. Whoever has been appointed to any munici- pal office for whicli he becomes disqualified during nis exercise of such ofBce, is bound ' " tfive without delay, at the office of tho council, a notice alleging the reasons of his disqualification and tendering his resignation. Until such notice is given, such person is deemed to have continued in the exercise oi such office, and is liable to all penalties^ prosecutions and other rights of action set forth in this code. 208. If the disqualification of a person appointed to a municipal office or hol'^ing the same is notorious or sufficiently established, tiie council may by reso- lution declare the office of such parson vacant, saving any recot -e on the part of the person appointed. The vacancy must then be filled in the ordinary manner and within the delay prescribed. Section III. Of persons exempt from A?micival Offices. 209. The following persons are not bound to accept any municipal office, nor to continue to holu the same : 1. Members of the senate, of the house of commons, of the executive coun::,!! and of the provincial legisla- ture ; 2. All civil functionaries, the employees of the federal and provincial legislature, and the .officers of the militia staff ; 3. Advocates, notaries, provincial land surveyors, physicians, apothecaries and teachers, engaged iii their respective professions ; 4. Licensed pilots and persons engaged in naviga- tion ; 64 MUNICIPAL CODE. 5. Any miller, being the only person employed as such in a mill ; 6. Persons of over sixty years of age ; 7. Gaolers and keepers of houses of confinement or correction or of reformatories ; 8. All persons employed on iron or wooden rail- ways. Sl^. Any person having discharged any munici- pal office, during the ^wo years next preceding, may refuse to accept any office whatever under the same council during 'he two years next after such service. 211. Any person actually engaged in an office under any mimicipal council, may, while he is dis- charging the duties of such situation, refuse to accept any other office under the same council. 312. Any person who has paid a penalty for re- fusal to accept any municipal office, is exempt from filling any office wnatsoever, under the same council, during the period for which he '^dd been appointed. 213. Any person, who has been appointed to a municipal office from which he is exempt, or who while filling any office becomes exempt, and desires to avail himself of such exemption, is bound to lodge in the office of the council, a special notice to that effect) wHhin the fifteen days following the notifica- tion of his appointment, or upon the day when he becomes exempt from filling such office. In default of his so doing,^ he can no longer claim his exemption. loyed as jment or ien rail- ' munici- ng, may the same L service. m office e is dis- to accept ty for re- upt from council, ointed. ited to a ;, or who d desires to lodge e to that notifica- when he jer claim MUNICIPAL CODE. CHAPTER FOURTH. OF MUNICIPAL NOTJC.ES. 65 Section I. General Prooisions. 214. Every no fine given, under the provisions of this code or of tht orders of a municipal council, or for municipal purposes, must he drawn up, and pub- lished or served, in accordance with the formalities prescriber' in this chapter. 215. {As substituted by 41-42 Vic, c. 10, 5. 14.) Every notice so given is either special or public. The public notice must be in writing, but the special notice may be given either in writing or verbally, except in particular cases, in which a special notice must be given in writing. 216. Ail notices in writing, must contain : 1. The name of the municipality, when such notice is given by an officer or by the head of such munici- pality ; 2. The names and signa*: "o of the person who gives it, and his official cap'- ^y ; 3. A sufficient description of those to whom it is addressed ; 4. The place where it was made and the time when it was made ; 5. The object for which it is given ; "6. The place, day and hour in which those sum- mened to answer such notice, must do so. 217'. Public notices are published ; special notices are served. 66 MUNICIPAL CODE. 218« Every copy of a notice in writing, which must be served, published, posted up or read, is at- tested either by the person who gives such notice, or by the secretary-treasurer of the corporation under whose control such person acts. 31 0. The original of every notice in writing must be accompanied by a certificate of publication or of service. The original of such notice and the certificate which accompanies it must be filed by the person who has given it in the office of the council, to form part of the municipal records. SISO* The certificate is drawn up by the person who published or served the notice ; it must contain : 1. The residence, name and signature of the person who has given it, and his official capacity ; 2. The description of the manner in which the no- tice was published or served ; 3. The place, day and hour of publication or of service. The -truth of the facts set forth in such certificate must be attested under the oath of office of the person giving it, if such person has taken an oath as an offi- cer cnarged with making such services, and if not by his special oath. This certificate is written either on the original no- tice or on a paper annexed thereto. (1) 321. In the case of a special notice given verbally (I) Held : That the certificate of publication of notices by a se- cretary-treasurer and by a bailiff under their oaths of office is insufficient, and a proces-verbal on which the notices are thus attested by these olfiuers, will be set aside, even although it be proved at the trial that the Dublications were duly made.— Cantwell vs. Corporation of the county op Ghateaucuay, XXIII L C. Jurist, 263. MUNICIPAL CODE. 67 the affirmation under oath of the person who served such notice takes the place of the certificate of ser- vice ; this affirmation is only required in case of con- testation and must contain the object of the notice. ^?^: .?^^v^ ?^"®/ ^^ ^^"d 0^ rate-payer, domiciled without the limits of a municipality, may, bv a sne- cial notice filed in the office of the council, appoint an agent to represent him for all municipal purposes. 223. Any person who has acquiesced in that which is required by a notice, or who has in any man- ner whatsoever become sufficiently acquainted with its tenor or object, cannot thereafter avail himself of the msufiiciency or informality of such r.'.tice or of the omission of its publication or service 4TEAU6UAY, Section II. Of Special Notices. 224. Every special notice must be drawn ud or given m the language of the person to whom it is ad- ttrprenc^^^^ '^''^^ ' ^-^-^« ^^^er wh'i'HT''^ "i"*"® addressed or given to any perso who speaks neither the French nor the Englisl laa- guage, or who speaks both of these languages, is given to him in either language. ^ in?®®"«>'''^*>^l"','=^ °^ ^ sP««ial notice givcu in writ- ng, is efrected by leaving a copy of the notice wi h the individual to whom it is a/dressed, in perso.^ or Z^.^f f*=?"aWe person at his domicile or at 'h°s place of JbusmesR p^on ^rUt^^ i*. z • . , ^,_ ... . ° partnershipwnhsomeolh;rp1r?onTStln'''Sses where the service is made by mail ^ 68 MUNICIPAL CODE. *»26. Every special notice in writing addressed to an'"absent proprietor or rate-payer, who has appointed an aeent residing in the municipality, must be served on such agent, in the same manner as on a resident proprietor. If an agent, resident in the municipality, has not been appointed, every such notice is served by lodging in the post office of the locality, a copy thereof in a sealed and registered envelope addressed to the aDsent proprietor or rate-payer or to any other agent he may have appointed. 22V. A special verbal notice is given by the per- son who should give it, or on his behalf, to the indi- vidual to whom it is addressed, in person, or to a rea- sonable person at his domicile, or at his place ot bu- siness, provided such individual is domiciled witmn the limits of the municipality. If such individual is absent, the special verbal notice intended for him is either communicated to his resi- dent agent, if he has appointed one, or is given to him- self personally or to a reasonable person, at his do- micile, or at his place of business, if not the notice must be communicated by post as a special notice in writing. 2^ft. No one is bound to give a special notice to any proprietor absent, who has not appointed an agent, unless such proprietor has made known hi^ address in writing by filing the same in the office of the council. ?*>9. Special notices may be served between the hours of seven o'clock in the morning and seven o'clock in the evening, and even upon holidays. cr^^^iQi no^i^^« howfiver. cannot be served at places of busTness, except upon jiiridical days and between the hours of nine in the morning and four in the afternoon. MUNICIPAL C0D8. 09 S30. If the doors of the domirile or place of busi- ness, where service of a special notice in writing should be made, are closed, or if there is no reasona- ble person therein, service is effected by affixing a copy of the notice on one of the doors of the domicile or place of business. 331* The intermediate delay after special notice, dates exclusively from the day on which such notice was served. Section III. Public Notices, 232. {As amended by 45 Vic, c. 35, s. 7.) The publication of a public notice for local municipal pur- poses, is made by posting up a copy of such notice at two different places in the municipality from lime to time determined on by resolution of the council. In default of localities determined upon by the council, the public notice must be posted upon or near the principal door of at least one place of public wor- ship, if any there be, and at some other place of public resort in such municipality ; and in either case, if there is a Roman Catholic church, in the municipality, the said notice shall be posted upon the principal door of such church. 233. When a rural municipality is adjacent to a city, town or village municipality, incorporated under any act whatsoever, one of the localities determined upon by the council of the rural municipality, for the posting of public notices, may be situated in such city, town or village municipality. The word " town " in this article applies to all cities or towns erected into municipalities under this code or any other law, except the cities of Quebec, Montreal and Three Rivers. 234. The local council may also, by resolution, 70 MUNICIPAL CODE. fjx one or more localities in the municipality, or in a neighboring city, town or village municipality, if such city, town or village municipality forms part of the same parish or of the same township as the former, in which any public notice must be read out aloud in a distinct manner on the Sunday next following the day on which the same was published at the close of di- vine service, if such service has heen held. The omission to read this notice does not invalidate the publication of th^ notice, but the persons who were bound or who undertook to read it thereby incur a penalty of not less than two nor more than ten dol- lars. 2S5. In so far as respects a public notice given for county purposes, the same is published in all the local municipalities, to the inhabitants whereof it is addres- sed. It is posted up and read in the same localities and in the same manner as public notices given for local purposes in such municipalities. The officers of the county council giving such no- tice, may, by letter, order the secretary-treasurer of each such local municipality, after having transmitted to him as many copies of such notice as are requisite, to provide that the same be posted up and read as re- quired, and that a certificate of the publication thereof be transmitted to them without delay, under the usual penalties. 236. Every time a notice is ordered to be pub- lished in one or more newspapers, such notice must be inserted in newpapers pubUshed at least once a week in the county, if any there be, if not, in news- papers of the district, or of the neighboring district, if no newspapers are published in the jQrst district. The same rule applies when such notice must ap- pear in two newspapers published in different lan- guages. MUNICIPAL CODE. 71 or in a , if such t of the rmer, in Lid in a the day e of di- validatp ins who by incur ten dol- iven for ihe local addres- ocalities iven for iuch no- lurer of ismitted 3quisite, id as re- L thereof le usual 237. No notice can be inserted in English and in French m newspapers published in one of these lan- guages only. 238. Every public notice convening any public meeting or for any object whatever, must be given and published seven clear days before the day ap- pointed for such meeting or other proceeding, except in cases otherwise provided for. 239. Except in cases otherwise provided for, the intermediate delay after a public notice, dates from the day on which such notice has been made public in virtue of article 232 or of article 235 ; if it is order- ed that the notice must be published in a newspaper, the intermediate delay dates from the day of the first inser*' n of such notice ; if the notice is published in several newspapers upon different days, the interme- diate delay dates from the day of the first insertion made in the newspaper which pubUshed such notice last. In all cases the day on which the notice was made public does not count. 240. Public notices are applicable to and binding upon proprietors or rate-payers domiciled out of the municipality, in the same manner as they are upon residents, except in cases otherwise provided for. be pub- ce must ^ once a n news- district, trict. nust ap- ent lan- GHAPTER FIFTH. OF THE LANGUAGES TO BE USED IN THE COUNCIL AND IN MUNICIPAL PROCEEDINGS. 241. In the sessions of council, whoever has a right to be heard, may use either the French or the English language. municipal council are kept, and all certificates of pub- 72 WUNICIPAL CODE. lication or service, and every other document produc- ed or filed in the office of the council, are written in either the French or the English language. 243. In any municipality for which there is no order of the lieutenant-governor in council, in virtue of the tenth section of the consolidated municipal act of Lower Canada, or of the following article, the pub- lication of every notice, by-law, resolution or order of the council, by posting, reading aloud, or insertion in the newspapers, must be made in the French and EngUsh languages. 244. The lieutenant-governor, by an order in council, upon a petition being made to him to that effect by any municipal council, may declare that the publication of an^ public notice, by-law, resolu- tion or order of the council, in such municipahty, except such as are required to be made in the Official Gazette of the province, shall be made thereafter in one language only. Such language is determined by the said order in council. The resolution under which the petition of the council is made, cannot be adopted until after a public notice to that efToct has been given to the inhabitants of the municipality. A copy of such order by the lieutenant-governor in council, is transmitted without delay to the secretary- treasurer of the municipality to which it applies. 345. The provincial secretary must publish the order in council in the Quebec Official Gazette ; and from the date of such publication, every public notice, by-law, resolution or order of the council, maybe pub- lished solely in the language ordered thereby, except in the Official Gazette of the province. Nevertheless, the simultaneous use of any other 1 ^« Ar^aa -n f\t voTirlpr thp flnp.nmfint. rmhlishftd in such language invalid. MUNICIPAL CODE. TITLE THIRD. 73 PARTICULAR RULES APPLICABLE TO COUNTY CORPORATIONS. CHAPTER FIRST. OF THE COUNTY COUNCIL. General Provisions. 346. The county council is composed of the may- ors in office of all the local municipalities in the county which are subject to the provisions of this code. Such mayors bear the title, in the county council, of " county councillors. " 247. The head of the council Is called the " war- den, " and is chosen from among the members who compose the council. Section I. Of the Warden. 248. The warden is appointed by the members of the county council, during the month of March in each year. In a county municipality newly established, the ap- pointment of the first warden takes place at the first general session of the council held after the corpora- tion is organized, or at the special session convened, for that purpose in conformity with article 257. 349. When the office of warden becomes vacant, the council must proceed to the appointment of a new warden at the next general session, or sooner at a special session convened for that purpose. 74 MUNICIPAL CODE. 250. Whenever the county council allows the delay for the appointment of a warden to expire with- out making such appointment, the lieutenant-governor may make the appointment with the same effect, according to the rules laid down in articles 177, 178, 179, 180 and 181. ' ' 251. The warden holds office from his entry into the same until the appointment of his successor, except in the case mentioned in the following article. 252. The warden appointed by the council may be at any time removed from his office by a resolution approved of by the vote of two-thirds of the members of such council, provided that his successor be ap- pointed at the same time and by the same resolution. 253. The appointment of a warden made by the council may be objected to and contested by the mem- bers of the council and by no one else. Such contestation is begun, tried and decided in conformity with the procedure set forth in chapter seven of title four of this book. 254. Whosoever has been appointed to the office of a warden and refuses illegally to accept such office, incurs a penalty of forty dollars. 255. In every newly organized municipality until the appointment of a warden has been made, and in every other municipality, during any vacancy in the office of warden, the duties of such office are dischar- ged by the registrar of the county, saving the provi- sions respecting the presidency at the council board. Section II. Of the Sessions of County Councils. The ordinary or general sesisions of county councils are held on the second Wednesday in each of ^C90* MUNICIPAL CODE. ts jovernor the months of March, June, September and December, any by-law in force at the time of the coming into ef- fect of this code to the contrary notwithstanding. 257. In a newly organized county municipality a special session of the council must be held as soon as possible after the organization of the corporation. Such first session is convened by the registrar of the county, and presided over by him until the ap- pointment of the warden. S5«. The sessions of the council are held in the* chief-place of the county. If at the time of the convocation of the first session of the council by the registrar, the chief-place has not been determined upon, such first session is held at the place chosen by the registrar, and the council conti- nues to hold its sittings there until the chief place has- been fixed upon. S59. Five members of the council, where the coun- cil is composed of seven members or more,- and three^ if the council is composed of less than seven, form a quorum. . 360. The notice of convocation of the special ses- sions of the county council, as well as the notice ot adjournment in the case prescribed by article 139,. must be given to the members of the council at least ten days before the day fixed for the session, or the re^ sumption of the adjourned session. Such notice may be forwarded by registered letter through the post, the postage thereof being prepaid. ~_^^- 76 MUNICIPAL CODE. CHAPTER SECOND OP COUNTY DELEGATES. Section I. General Provisions. 261. The delegates of every county corporation are three in number. These delegates exercise the powers and fulfil the duties which devolve upon them in virtue of this code, in conjunction with the delegates of other county cor- porations concerned. 3B:^. {As substituted by 41 F/c, c. 18, s. 10.) The warden is ex-officio one of the county delegates. The two other delegates are appointed by the coun- cil from amongst its members after the entry into oliice of each new w^arden. They remain in office until their' successors are duly installed, even if they have ceased to form part of the council, unless, in the latter case, they have been replaced under the provisions of the following article. 263. Whenever pny one of the del agates dies, or becomes incapacitated from attending to his duties during two consecutive months by absence, sickness or any other cause, or refuses to fulfil such duties dur- ing a like period, the council appoints another dele- gate in his stead, at the first session held after such death, or delay of two months. If one of the delegates ceases to form part of the council, his successor must be appointed without delay, by the council. 264. If the council neglects or refuses to appoint the delegates whom it is bound to appoint under tho two preceding articles, within thirty days after a de- mand made upon it to that effect, such delegates may be appointed by the lieutenant-governor in the manner •» i .'"•-r. MUNICIPAL CODE. T7 poration ^ulfil the ;hiscode, inty cor- 0.) s. The tie coun- itry into fice until ley have the latter isions of I dies, or is duties sickness uties di_r- her dele- fter such delegates sor must ) appoint nder ths fter a de- ates may 3 manner 'I . forth in articles 177, ^8, 179, 189 and 181 ; subject, lOwever, to the provisions of article 101. 205. '{Repealed by 41 Vic, c. 18, 5. 11.) Section II. Of the Board of Delegates, 260* The board of delegates is composed of the delegates from each of the county municipalities, of which the inhabitants or some of them are interested in any w vjrk or matter which comes under the juris- diction of tlio councils of such municipalities. 267. The board of delegates sits, for the purpose of taking into consideration and deciding matters within its jurisdiction, whenev^.^ required so to do or whenever it deems necessary, in following the for- malities prescribed for the summoning of the meeting. 36M. The del gates meet at tho time and place in- dicated in the notice of meeting given to them. SSO. Tne meeting of the board of delegates is con- vened, upon a requisition in wTiting, by two members of the board or by the gjcretary-treasurer of one cf the county municipaMties. Such meeting is convened and held in the same manner as a special session of a county council. The place where such meeting is held is selected by the members or by the secretary-treasurer who con- venes the same. S70. Any person interested in a qaestion submit- ted 3v about to be submitted to the hoard of delesrates. may require the secretary-treasurer of on3 of such county municipalities to convene a meeting of the 78 MUNICIPAL CODE. board of delegates, if a ineeting of such board has nol already been convened to tie held within the fifteen days following. SSTl. {As amended by 45-46 Fee, c. 35, s. 8.) The se- cretary-treasurer of the county council who called the meeting, is, in virtue of his' office, the secretary of the board of delegates. If the meeting has been convened by two members of the board, the secretary-treasurer of the council whereof such two members are the delegates is the secretary of the board. If the two members belong to different councils, the secretary of the board is ap- pointed by the delegater< and must be the secretary- treasurer of one of the county municipalities. The secretary keeps minutes of the proceedings of the delegates, and deposits the same with all other documents of the board in the archives of the council whose officer he is ; and he forwards a copy to the office of each of th<3 other county councils interested. The secretary-treasurer of each county council shall forward to each ioca^ council interested within the county municipali.j, a copy of every decision of the board of delegates. 272. Three of the delegates summoned to the meet- ing form a quorum of the board. 3*73* Tiie meeting is presided over by any one of the delegates present, chosen among themselves. In the case of an equal division of votes, in their choice of a chairman, the chairman is chosen from among them by lot. 2*74. Every disputed question is decided by ohe vote of the majohty of delegates present, including that of the chairman. In the event of an equal division of votes, the chair- man has also the casting vote. 275. Articles 100 and 102, apply also to all docu ments, orders or proceedings of the board of delegates has no I fifteen The se- lled the atary of lemhers council s is the 3long to d is ap- cretary- lings of ,11 other council r to the erested. 3il shall tiin the L of the le meet- ' one of es. in their in from by ohe eluding MUNICIPAL CODE. 79 TITLE FOURTH. RULES COMMON TO EVERY LOCAL MUNICIPAL CORPORATION CHAPTER FIRST. OF THE LOCAL COUNCIL. • Section I. General Provisions, 276. The local council is composed of seven councillors elected by the electors of the municipality in the manner hereinafter set forth, or appointed by the lieutenant-governor where no election has taken place. 277. The office of municipal local councillor lasts tnree years, except in the causes of articles 116 and 279. i-r*^^' ^^ *^® ^^^^^ general municipal election held after the coming into force of ^his code, as well as at the first general election held in every local municiDa- liiy erected thereafter, o- in which there is no coun- cil in operation, seven councillors must be elected or in default of election, appointed, and they go out of fi^?'^?' ^^ *e seven councillors elected at such elec- frrofareSn^^ ''^ lieutenant-governor in de- e chair- I ,i;jT° ™"1?« i^Pl^ced at the time of the next eneral municipal election : » docu I Jl.Ir.l?!']!!!,*'!*]!! same_period in the year which jiegates 80 MUNICIPAL CODE. 3. And the three last, also at the same period in the following ypar. And so on, in such manner that two local council- lors must be electeti or appointed two years consecu- tively, and three every three years. 280. [As amended by 36 Vic, ch. 21, s. 6.) The councillors mentioned in paragraphs one and two of the preceding article must be selected ^/ lot at a ses- sion of the council, in the month of December preced- ing the month of January in which they must be replaced ; in default of this being done, the retiring councillors are chosen by lot by the presiding officer of the election in presence of the municipal electors or designated by the lieutenant-governor, when they are to be replaced by him. No election or appointment can take place to fill the office of such councillors, until they have been so selected by lot or designated. 281. The head of the local council is called the mayor. He is also known and designated as " mayor of the council, " or " mayor of the corporation, " or " mayor of the municipality," or simply as " mayor," when the name of the municipaUty, of the council, or of the corporation is s efficiently indicated in the document. 282. Every local councillor remains in c^ce from the taking of his oath of office until the time of the ;; ^:; eral municipal election, at which he is to ho replaccJ, and not beyond that period. Section II. Of persons disqualified from acting as Councillors. ■'AM A^j^tS* {As amended by 35 Vic.j c. 8, s. Kic, c. 10, s. 15, and by 45 Yic.,c. 35, s. 9.) No one a MUNICIPAL CODE. 81 can be appointed a member of the council of a local municipality, nor act as such, if he does not reside within the limits of such municipalliv, or if he does not hold his place of business therein," and if he does not possess therein, in his own name or in the name and for the benefit of his wife as proprietor, real estate of the value of at least four hundred dollars ; or if at the time of his election he is not a municipal elector. On a demand in writing made before the council by a member of such council or by a rate- payer, to : ay councillor present, such councillor shall, wUhin eij^dit days, give in writing and under oath, a declare ion of qualification, containing the description of the rral estate on which he bases his qualification and deposit it in the office of the council. 284. Nevertheless any person domiciled in a vil- lage, town or city municipaUty incorporated bv any law whatever, may, if he possess the other necessary qualifications, be a member of the council of a rural municipality which is adjacent to the municipality in which he is domiciled, provided always, that he does not fill any municipal onoe in the municipality in which his domicile is situated. 2«5. No one actually pres:" ding at an election of councillors can be elected councillor at such election. Slgtion ni, *^ Of Sessions of the Covnc^i. 2SG. In every newly organized municipality, the first session of the council is held at the time and pla- ce inaicated by the warden of the. .Minty, in the notice of appointment whitii he addresses to the person whom he appoints to preside at the first election of the muni- cipaUty. If the CO a,cillo:'s or some of them havR hppn PT.T.mr,f ed by the lieutenani goveri. .T,such first session 'is held 6 ^ p 82 MUNICIPAL CODE. at the time and place fixed upon by the person to whom the letter communicating the appointment of the coun- cillors has been addressed. Until the appointment of the mayor, such first ses- sion is presided over by one of the councillors who compose the new council.. Such session is an ordinary session of the council. 2ST. Ordinary or general sessions of the council take place, also, on the first Monday in each month, unless it be otherwise provided by the council in virtue of article 611. 288. The council sits at the place selected for the first session, in virtue of article 286, until by resolution it shall have fixed upon some other place. 289. Four members form a quorum of thiiCounciL 290* The notice of convocation of every special session of the local council as well as the notice of adjournmer' the case prescribed by article 139, must be gi^ the members of the council at least two days bt the day fixed for the session or the resumption of the adjourned session. CHAPTER SECOND. OF MUNICIPAL ELECTORS. 291. {As amended by 41-42 Fzc, c. 10, s. 16.) Every person who possesses, at the moment he exercises such rights and privileges, the following condition*^ is : municipal elector, and as such has the right to vote ^t the election of local councillors, and to exercise all the rights and privileges coiiferred on municipal electors by the provisions of this code, subject to article 497. 1. He must be of the^male sex, have attained the age 01 raajoriiy, und be a jbritish subject j MUNICIPAL CODE. 83 to whom he coun- first ses- lors who ouncil. council month, in virtue for the isolation LCOunciL f special notice of icle 139, at least 1 or the I Every ises such on*^ iS i -0 vote it se all the electors le 497. i the age 2. He must have been in possession, in the munici- pality m which he seeks to exercise the right of an elector, either in his own name or in the name and for the benefit of his wife, as appears by the valuation roll in force, if there is one, as proprietor of real estate of the actual value of at least fifty dollars, or as tenant tarmer or lessee or as occupant by any title whatsoever ot real estate of the annual value of at least twenty dollars ; '' 3. He must have paid all the municipal and school taxes due by him at such period ; 4. His name must be entered in the \aluation roll if there is one in force in the municipality, either as pro- prietor, lessee or occupant. CHAPTER THIRD. ELECTIONS OF LOCAL COUNCILLORS. Section I. Time of holding General Elections; Notice required therefor. 292. The general elections for all local municipal- ities take place every year, on the second Monday in the month of January, at ten o'clock in the morning (1) 2»3. (As amended by 41 Vic, c. 18, 5. 12.) In every newly erected local municipality, the first general election of councillors must be held at the same hour, ihJL!^^^^ 'T^n^^ ^^®. absence of the secretarv-Lreasurer from \hl ^TJJ^^^f'"^ ^V""" *^® ^^^^"^ preceding the election, and h^iiTvS^'^'Y rr^^K"^ therefrom for the electors of paying their taxes and thereby acquiring the right to vote is not a ground for annulling an election, ifShis aufenceVe us tified bv good reasons and is exempt of fraud, and if, in fact, only one elector came to pay his taxes and could not bv reason of this MoH«r«H *h^"^ ,?"d thereby qualify himself To vote - MORRIER & RaSCONI, VII Rp.mifi TJpnlo i /.n 84 MUiNICIPAL CODE. on the day fixed by the warden of the county, which day shall not be less than fifteen nor more than thirty days from the issuing of the proclamation. The subsequent general elections of such municipa- lity tfike place at the period fixed in the preceding article. 294. Public notice of each general election, in every local municipality, must be previously given, by the secretary-treasurer or by the mayor, announcing such election, and calling together a general meeting of the electors of the municipality, at the time and place indicated, for the purpose of electing their councillors. In the case of the first election subsequent to the erection of a new local municipality, the notice must be given by the warden of the county 205. (-Is amended by 3(j Vic.^ c. 21, s. 1 and by 45 Vic, c. 35, s. 10.) The omission to give such public notice does not prevent the meeting of the municipal electors from being held for such election except in a newly erected municipality ; and each and every of the persons who have neglected to give^ such notice within the prescribed delays, incurs a penalty of not less than five nor more than twenty dollars. Section II. Of the Officer presiding at the Elections. 200. The election of local councillors is presided over by a person appointed to do so by a resolution of the local council. Ho may be one of those members of the council who do not' go out of office ac the time. If no one is appointed to preside at such election, or if the person appointed is absent, the secretary-treasu- rer of the council is ex- officio the presiding officer at the election (I). (1) Held :— That the assistant secretary-treasurer has the right lo preside at the meeting of blectors for the election of the coun- cillors as the secretary-treasurer himself.— Mauiueu i Rascgni, VII,, Revue Lijale, 143. rt. hich day irty days iiinicipa- ireceding ction, in MUNICIPAL CODE. 85 ^iven, by lOLincing meeting ime and ig their nt to the ice must nd by 45 ih public Qunicipal Incept in a every of zh notice Uy of not presided )lLUion of members the time, ection, or •y-treasu- officer at IS the right f the couri- ii. Rasconi, S5tt7. The first election of a newly or/^anized mu- mcipahty is presided over by a person appointed for that purpose by the warden of the county 298. If, at the time fixed for the election, the per- son who shoulu preside thereat and the secretary-trea- surer are both absent,or if neither has been appointed the meeting is presided over by the senior justice of the peace, or, in the absence of a justice of the neace by any person at the meeting chosen by the majority of electors present. ^ ^^J'Ji^^v p90. The person presiding at the election cannot vote thereat, except m the case specified in article 321. 300. The person presiding at an electio.i of coun- cillors is a keeper of the peace from eight o'clock in the morning of the day on which the meeting of mi^ nicipal electors is held, until nine o'clock in the morn- ing of the day which follows the close of the election He possesses in this respect all the powers of justices otthe peace, and may exercise them throughout the whole municipality. b^^^ui me 301. The presiding officer at the election mav "uburoMer •'■ '"^ ^''''°'' °' Preserving pe°a"ceT/i neceslr/; '" "' "'''"^' ^^"^^ constables as he deems 2. Require the assistance of all justices of the neirp wnstables or other persons residing in lie inuSa' lity, by verbal or written order ; c luuuicipa- .^^y.s:'^rnr^^^?^si--^o. 8G MUiNICIPAL CODE. house or other place of confinement established with- in the limits of the county municipality, for any period not exceeding ten days. 303. Within the three days next after the close of the election the officer presiding must give, to each of the councillors elected, special notice of his election. If he is the presiding officer at the first election of a newly erected municipality, he must, in the special notice given to the councillors electea, designate the time and place of the first session fixed upon by the warden of the county. If the latter has not fixed the time or place for the session, the presiding officer himself does so. 303. Within the eight days next after the close ot the election, the presiding officer must make the result of the meeting known to the warden or to the secretary treasurer of the county council ; if there hag been an election of counci''ors, he must give at the same time the names, sur-names, quality and resi- dence of each of the councillors. 804. If a poll has been held, the presiding officer must, within the said delay of eight days, deliver up the poll books kept by him at such election at the office of the local council, to be lodged among the archives of such council. 305. Every person who has been appointed, whe- ther by the warden, by the council, or by the court under article 361, to preside at an election of local councillors, is at liberty to decline such office, on his transmitlipg within four days from the notification of his appointment, special notice of his refusal to the warden, the council, or the court which appointed him. In default of his so doing^heisno longer at liberty to refuse such office. aOO. Tiie services of presiding officer at an elec- tion are given gratuitously ; nevertheless, the council MUNICIPAL CODE. 87 must reimburse all expenses necessarily incurred by him on account of the election, and may, moreover, allow him an indemnity for his services. Section III. Meeting of Municipal Electors. 307. (As amended by 36 Vic, ch. 21, s. 8). The meeting of municipal electors is held at the place where the local council holds its sessions, and must be opened at the hour of ten in the forenoon, of the day fixed for the election. Nevertheless the council of a rural municipality whose sessions are held in a municipality of a city, of a town or of a village, in virtue of article 106 may by resolution fix upon another place for the holding of such meeting. If it is the first election after the erection of a new municipality, the meeting is hold at the place design- ated in the notice. 30S. The presiding ofhcer, after having opened the meeting, requests the electors present to propose those persons whom they v/ish chosen as local coun- cillors. (1) 309. The presiding officer is bound to receive and propose as candidates, the names of all persons submit- ted to hun, whether verbally or in writing, by at least two of the municipal electors present. Nevertheless no one can be proposed for election un- less at the time, his name and sur-name, as well as the names and surnames of his proposers are given. (2) (1) Held :— That the fact that those who proposed the candi- dates wore disqualified to vote, does not annul the election, if no objection was made when they were put in nomination nor at the opening of the poll, and if the votation took place regularlv — Marrier&Rasconi, VII i?m^eie^a/e, 140- (2) Mistakes of the officers which in nn wnv nfTppt ijio j.;rr},t to vote or the exercise of this right, do not carr"y nullity unless the 88 MUNICIPAL CODE. ^n?^^:v. ^ ^f-^"® hour has elapsed from the open- ing ol the meet' ng as many candidates as there are council ors to . . elected, or fewer candidates than the required numbei, have been proposed for election as councillors the election is declaiW at an end and the Jill. One hour after the opening of the meetine if more candidates have been put in nomination than there are councillors tr be elected, the presiding offi- cer upon a requisition by five electors present pro- ceeds without delay to hold a poll, and to enregister the votes of the electors present. ^b'^wi .3^''^!^^^^^^^'' ^^ ^"^o"" ^^^ candidates put in nomi- nation there are any to whom there is then no opp^ - rclef anffi noil '^I'T. t^^^l^^ «^^^^ ''^^'^^^^ eleaed, and the poll is held for the other candidates 31S. {As amended by 41 Vic, c. 18, 5. 13 and by 45 nc, c. d5, s. 11.) In the absence of a demand from five electors present to the effect that a poll be held tlie presiding officer declares elected councillors, the candidates who have the majority of electors present in their favor after having established such majority by countmg the electors present who are in favor of each candidate. 313. The presiding officer, if a poll is opened, must enter or cause to be entered, in a book kept in accor- dance with the conditions hereinafter prescribed and m the order in which they are given, the votes of the law declares it ; and the rule is that all omission which did not ScUon '' ''''''^'' '^*^' '''^^' '' ""''' ^^""°* i^^^^^^'e The law does not require and could not reasonably reauire under penalty of disqualilicatlon, that the candidates be present J *S^o™''°" ''-'-'"'"• "f '■'^'' '''''' q-alificalion.-LHETu w. MUNICIPAL CODE. 89 electors, by entering therein the names and qnalities of each. (1) 314. Every elector may vote for as many candida- tes as there are councillors to bo elected in the munici- pality, or in the ward if the municipality is divided in virtue of article 617. f 315. Any person tendering his vote, must take the follow^ing oath or affirmation, before the [iresidiug ofJi- cer, if required so to do by him, by an elector, by any candidate, or by the representative of any candidate : I swear [or I affirm) that I am entitled to take part in this meeting, that I am duly quahfied to vote at this election, that I am at least twenty-one years of age, that I have paid all municipal and school taxes due by me, and that I have not already voted at this election : So help me God. If such elector refuse to take such oath, his vote must be refused. (2) 316. Any person voting at an election of municipal councillors, without possessing at the time of giving his vote the qualification of a municipal elector, in- O curs a penalty of twenty dollars. 31T. "Whenever the presiding officer does not un- derstand the language spoken by one or more eb ors, he must appoint an interpreter, who, before acting, (t) Held : — That the omission of the quality of the electors in the poll-book is not a cause of nullity of the election, if no injustice has resulted therefrom ; because this formality does not bear on the note itself and does not essentially effect the election. — MoRRiER & Rasconi, VII Revue Legale, 140. (2) Held :— That the vote of a municipal elector registered after that such elector has refused to give the oath required by art. 3! 5. M. C, is null and will be pmnnuoced as such by the court. — DaLUKG & PORTELANCE, VI Q. L. ft., 17. .^, # -xk IMAGE EVALUATION TEST TARGET (MT-3) // fe > % % V^ i/.x fA 1.0 I.I 1.25 1^ 12.5 2.2 I -- IIIIIM 1.4 1.6 O^A rtiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 4^s ^.9 ^ 90 MUNICIPAL CODE. takes, before such person presiding, the following the Taths, ' defens' afflr^t'/- '^"^^""^ '^'^^'^^ answers Which the pe?sVp1eS'/s^ """^ to translate, respecting thlStn^fe^ro'd' in w'uinSte^^/ed' Ev 1^"' "^"^' ^« ""'»1'«^«1 the election '°"'*'^'i ^y ^^^ Person presiding at her of votes entered from the Wtnt^^ i ?*^' "^°^- eth^a-ct^^i;-^^^^^^^^^^^^^^ of Sr morToflhTcTdtLt"'?^" "' "°.'«=' '" f^-"- is bound to vote even a^hmfl'h'''-^ presiding officer elector, under a nenahv ^f S^A" '* 1°' * municipal more tC My dollars! ^ °^ '"" ^"'^ "^^° twent/or flr**ty of the^Z' fhi"""/" Ae.afternoon of the forthe Pu%o*::o7pteSTitap^eSf -/, in&^n^oot A"e ?erndX°"' '' '"" '''^^<"='' i following ly translate stions and 'equire me ip me God. numbered esiding at , or refuse his vote, de in the — " refus- ' the first \ but be- st certify, •tal num- entry in a;iven for in favor ig officer mnicipal iventy or 1 of the tors pre- urned to ing day, of such ' o'clock MUNICIPAL CODE. 91 324. If at any time after the votes have commen- ced to be polled, either on the first or on the second day oJ the said election, one hour elapses without any votes having been polled the presiding officer must close the election. Nevertheless, if notice under oath is given to th& presiaing officer that an elector has been, within the- hour last past, prevented from approaching the poll by violence, the election cannot be closed until the expi. ration of one i?our after such violence has ceased. 325. At the close of the election, the presiding officer declares such of the candidates as have ol> tamed the largest number of votes duly elected coun- cillors. CHAPTER FOURTH. APPOINTMENT OF LOCAL COUNCILI TRS BY THE LIFU- TENANT- GOVERNOR. 326. Whenever : 1. A meeting of the municipal electors for the elec- tion 01 local councillors has not been held within the- time prescribed by law, or by pubhc notice, if the elec- tion is to be held in vinue of article 361, or the meet- ing having been held no election has been had ; qIq'J^I.^^ insufficient number of councillors has beeik Then it is the duty of the presiding officer at such election, or of the secretary-treasurer of the corpora- llnh 1? ,1^ the lieutenant-governor of such fact or wt-^^A.^*^^''/^^''^f ^^ '^^ ^^® provincial secretary, wuhm fifteen days after the time fixed for such elec- ta th^r^T'^'^?^ ®^®^*^'' may give such information to the lieutenant-governor. , \ 92 AlUNICIPAL CODE. r- 1 »37. The lieutenant-governor as soon as such in- formation IS communicated to him, appoints from among the qualified persons in the municipality a^ \Tt7J^'' ?i^ ^^^"cilln^o the number required tS Le elected m the case of the first paragraph of the preceding article, or a sufficient number to complete the number of councillors required in the case r? the second paragraph of the L,ame article. When ihe municipality is divided into wards in virtue of article 617, the lieutenant^governer can onlv ZTuL Tr'^\''' ^'' '^^'^ ^^rds i^ which nS elec- tion nas taken place. • ?!?*' 'r^?, letter of the provincial-secretary, where- in the counci lors appointed by the lieutenant-governor are named, IS forwarded to the secretary-treasurei aJpo^nteT'''''^ '^ ^' ^^ "''' '^ '^^ councillors so The person receiving such letter must give, without mg such letter, must, in the"^ special notice given o ^ach councillor appointed, at the same time aSt a time and place for the first session of the council 82». The lieutenant-governor may cancel any an- pomtment of councillors made by him and if £ deems advisable, replace such councillors by others CHAPTER FIFTH. THE /PPOINTMENT OP MAYOR. S30. At the first session after anv eeneral mnni cipal election, or afler any general ap%intne^ of councillors by the lieutenant-governor in the absente of an election, the members present if they S a MUNICIPAL CODE. 93 s such in- ints from pality, an squired to ph of the complete ase r^ the wards, in can only ti no elec- y, where- governor treasurer cillors so , without ial notice uncillors n receiv- given to ippoint a ncil, I any ap- id if he others. quorum appoint as mayor of the corporation any one of the councillors possessing the necessary qualifica- tions. 331. So soon as the appointment of mayor has been made, the secretary-treasurer must give a special notice of the fact to the warden of the county, as well as to the person appointed if he was not present at the election. (2. If the appointment of a mayor has not been made by the councillors within fifteen days after such first session, the lieutenant-governor may make the appointment with the same effect, in conformity with the rules prescribed by articles 177, 178, 179, 180 and 181. ' 333. The mayor remains in office from the mo- ment he takes tht jath of office until the appointment of his successor. 334. Whosoever is appointed mayor and refuses illegally to accept or discnarge the duties of such office, incurs a penalty of thirty dollars. 335. NobodjT can be appointed mayor nor act as such, unless he is able to read and write. 336. If it happens that amongst the members composing the council no one is able to read and write, one of such councillors, previously selected by lot, must be without delay replaced by the appoint- ment by the lieutenant-governor, in the ordinary manner, of a person able to read and write and pos^ sessing the other qualifications required for the office of member of such council. il muni- iient of absente form a M MUNICIPAL CODE. CHAPTER SIXTH. VACANCIES IN THE LOCAL COUNCIL. to Section I. Vacancies in the Office of Councillor. 837. (As amended by 41-42 Vic, c. 10, s. 17.) The office of councillor becomes vacant in each of the following cases; . 1. When a person has been appointed councillor who is exempt from serving as such, or when a per- son discharging the office of councillor becomes .exempt during his occupancy thereof, and such per- son has, in either case, complied with article 213 ; 2. In the case of refusal to accept or continue perform such office ; 3. When the councillor's domicile and place of business are no longer within the limits of the local municipality, unless such domicile or place of busi- ness is situated in a neighboring municipality forni- ing part of the same parish or township as the muni- i's, rural in- spectors, and pound-keepers shall enter upon the dis- charge of their duties immediately after service of the notice of their appointment. 367. Justices of the peace are exempt from serving as road inspectors, rural inspectors, or pound-keepers. 367a. [Added by ^^* Vic, c 21 , 5. 9.) A ny person ap- pointed to any of the offices mentioned in article 365 of this code,^ who unlawfully refuses either to accept the same, or to discharge the duties thereof, incurs a penalty not exceeding twenty dollars. Section I. Provisions specially applicable to the Secretary-Treasurer of the Local Council. 36S. The Secretary- treasurer of the local council must keep a " register of roads and water-ccurses," in which are entered, at full length, in the order of their dates, and certified to be correct by him, all proces- verbauXy acts of apportionment and by-laws in force respecting work to be done on the roads, bridges and water-courses to be built and kept in ]*epair in the mu- nitinalitv lindpr t.hp> r.nnhrnl nf fho Inpal pa""'''' 102 MUNICIPAL CODE. 369. He iriiist note on the margin of every docu- ment, so register^ 1, any amendments which are sub- sequently made to such document, or its repeal in the event of its being repealed. 370. The secretary-treasurer must perform what- ever it is his duty to perform under the provisions of the law respecting the jurors list and the list of parha- mentary electors. 3*71. The secretary-treasurer must prepare in the course of the month of November in each year, a state- ment showing in as many separate columns : 1. The names and qualities of all persons indebted towards the corporation or its officers for municipal taxes, as set forth in the valuation roll, if they are entered therein ; 2. The amount of all municipal taxes remaining due to the corporation by each of such persons or by per- sons unknown ; 3. The amount of municipal taxes due by each of such persons to the officers of the council ; 4. The amount of school taxes due by each of such persons to the period of the drawing up of such state- ment, if a statement of such arrears has been lodged in time in the office oi the council by the secretary- treasurer of the school commissioners or trustees ; 5. The expenses of collection due by such persons ; 6. The description of all real estate liable for the payment of the taxes mentioned in such statement ; 7. The total amount of taxes and costs affecting such real estate for municipal or school purposes ; 8. The reasons for which such sums wero not col- lected ; 9. All other information required by and all remarks connected therewith. ii liiU CUUiiCii mli MUNICIPAL CODE. 103 372- Such statement must be submitted to the council and approved of by it. 373. (As amended by 41-42 Vic, c. 10, s. 18.) The secretary-treasurer, if he receives an order to that effect from the council, must, before the twentieth day of December of each year, transmit to the office of the county council, an extract of such statement as approv- ed by the council, containing : 1. The names and qualities of all persons indebted for municipal or school taxes, imposed on the real es- tate possessed or occupied by such persons ; 2. The description of all lands liable for the pay- ment of municipal or school taxes ; 3. The sum total of the taxes affecting such lands, for municipal or school purposes. Section II. Of Valuators. 374. No person can be a valuator unless he pos^ sesses, as proprietor, either in his own name or in that of his wife, real estate to the value of four hun- dred dollars, according to the valuation roll, if there is one. 375. Valuators, in the execution of their duty, may demand the services either of the secretary- trea- surer or of any other clerk. The secretary-treasurer, or clerk, whose services have been so required, is entitled, for every day dur- ing which he is employed, to a sum not exceeding two dollars, payable by the corporation, on certificate from the valuators who employed him. u 104 MUNICIPAL CODE. t Section III. I Of Road Inspectors. 370> The road inspector is bound to superintend all work ordered to be done in the constructing, im- proving or keeping in repair of local or county muni- cipal roads, sidt;-walks and bridges, situated within the limits of his division, and to take care that such work be performed in conformity with the provisions of the law, proces-verbaux, or by-laws which govern it, unless he be exempted therefrom by an order of the council or of the board of delegates under whose direction such work is being done, or unless a special olhcer has been appointed to superintend such w^ork. If any county municipal road is situated partly in one division and partly in another, it is under the joint and several superintendence of the inspectors of the two divisions. 37T. Ferries are also under the superintendence of the inspector of the road division, within Ihe limits of which they are situated, unless they have been placed by the council under the superintendence of another officer. 3*7^. Every road inspector appointed for a divi- sion has jurisdiction over every person liable to per- form the works under his superintendence, whether such person is domiciled within or without the limits of his division. 379« Whenever the inspector of a road district is for any reason whatever, temporarily incapable of acting, the local council may appoint some person to replace him during such incapacity ; in default of which the mayor must, during the continuance of such incapacity, place the division under the jurisdic- tion of another road inspector of the municipality, by a Written order served on such inspector. Such inspector is not thereby released from the MUNICIPAL CODE. 105 from the superintendence of the division for which he had been in the first instance appointed. 380. The road inspector, in so far as regards his relations to the county works, whereof he has the superintendence, is an oGBcer of the county council. 380a. (Added by 39 Vic, c. 29, s. 5.) Whenever a road inspector is personally interested in any work or other matter within his jurisdiction, and neglects or refuses to execute or supply that which he is bound to execute or supply, as interested in such work or matter, the secretary-treasurer of the local municipa- lity wherein such inspector has jurisdiction, possesses in relation to such inspector the same rights, powers and obligations as the inspector himself, in relation to all persons interested in the same work or matter. In respect of works to be performed in common, the inspector so interested is alv:ays in mora, to fulfil the obligations attaching to such works. 381- Every road inspector who refuses or neglects without reasonable cause, to perform any duty which is imposed upon him by the provisions of this code or of municipal by-laws, or which is required of him in virtue of such provisions, or to obey the orders of the local or county council, in respect of the works which are under his superintendence, incurs, in addition to damages caused f :ir each case of neglect or refusal a penalty of not less than one or more than twelve dol- lars, except in cases otherwise provided for. 382. {As amended 6?/ 36 Vict, c. SI, 5. 10 and by 41 Vic, c 18, s. 14.) Whenever any work must be performed in common upon any municipal roads or bridges, it is the duty of the road inspector of the division to notify specially the persons who are liable In nprfnrm snr.h ixrnrlr h\r cr^o/iir,i -n^iXr^^ «:i.i "~ — 7" "• "J "-'F'-^^"^ iiuii-v>c C45/iiwl' vur- bally or m writing, or by public notice of three f^.ays : :06 MUNICIPAL CODE. !l ! 4^1 1. Of the time and pl^ce where such wark must be performed ; 2. Of the quantity and description of materials which are required, and of the time and place where they must be provided ; 3. Of the amount of labor which each must con- tribute ; 4. Of the description of tools and implements re- quired, which must be of the kind ordinarily used by farmers in the municipality. However, if the work to be performed in common is not sufficient in the opinion of the council, to jus- tify the making of a call upon the rate-payers inter- ested, the road inspector may cause sucn work to be performed and the cost thereof to be paid in equal proportions, by the rate-payers interested in such work, as well as the costs cf the collection, which shall be taxed by the said council. 3S3« If the nature of the work demands it, he may require each of such persons to bring or to cause to be brought a certain number of horses or oxen, with proper harness, carts or ploughs, if he have them. Every day's labor of a horse or yoke of oxen, with harness, carts or ploughs, is credited to the person who brought the same, as one day's work. 384. It is the duty of the road inspector : 1. To direct and superintend the execution of all such work ; 2. To fix the hour of commencing and leaving ofT such labor, and the time /or rest and meals, so that the day may consist of ten clear hours of labor on the spot where the work is to be done ; 3. To dismiss any person who is idle, who hinders the others from working, or who refuses to obey his orders. MUNICIPAL CODE. lOT >rk must be 1 must con- ution of all He may at once fill up the place of any person who has not attended at the hour appointed for labor^ or who has been dismissed, at the costs of the person so in default ; such costs msy be recovered by the subs- titute or by the inspector in the manner prescribed for the recovery of penalties imposed by this code. 385e The road inspector must, on resolution of the- local council to that effect, procure and keep under his charge, a snow plough, a roller, an iron or steel shod scraper or other implements to be used on the muni> cipal road in his division. Every person who is bound to perform worK on municipal roads, may be compelled by the road in- spector of the division, to make use of such implements, as part of the road work he is bound to perform. The use of such implements is gratuitous, and the outlay incurred for their purchase and repair falls- upon the local corporation. 386. The inspector of roads must forthwith, or at- the expiration of the delay granted in cases which come under the provisions of article 389, cause the re- moval or suppression of all obstructions and nuisances> from the municipal roads, side-walks, ferries and bridges, within the limits of his jurisdiction, by the^ persons who have occasioned them, or in the event of their refusal or neglect, by any other person whom he authorizes so to do, at the costs of the person ia default. Such costs are recovered in the same manner as. penalties imposed by the provisions of this code, and the local corporation is answerable therefor if the- person in default is without means. If the person who oocasionpd eii-'^h. f-H''*-"'.-!.' ♦j.«-»= /\-== nuisances is unknown, they must be remTved 'at'"th& expense of the corporation of the local municipality. 108 MUNICIPAL CODE. 387. The following are deemed obstructions or nuisances : 1 Filth, dead animals, or other objects placed or left on any municipal road or bridge, or in any water- course or ditch connected with such road or bridge ; 2. Any trench or opening made in any municipal road ; 3. The anchoring or mooring of any vessel, boat or other floating object, at the landing place of any ferry, so as to impede f^ee approach to the beach or to a quay. 388. Whoever has committed any act which may have the effect of obstructing, impeding or rendering inconvenient the free passage of vehicles or foot pas- sengers over any part of a municipal road, side-walk or bridge, or of impeding the free course of water, in connection with such works, is deemed to have occa- sioned an obstruction or nuisance, withm the meaning of the two preceding articles. 389 Whenever such obstruction arises in the course of some work duly authorized by law, by the council, or by the road inspector, under the provisions of anv bv-law or resolution passed in virtue of article 476, the same is not deemed an obstruction, within the 'meaning of those articles. 390. Whenever any such duly authorized work is in course of execution on any municipal road, side- walk or bridge, excavations and other dangerous places must be pointed out, both by day and night, m such a manner as to prevent accident, under a penalty not exceeding twenty dollars, for each day during which the provisions of this article are contravened, in addition to any damages occasioned thereby. ^»1. Whoever causes any obstruction or nuisance on any municipal road, side-walk, ferry or bridge, or Bm'l t-i,. MUNICIPAL CODE. 109 ructions or renders the use thereof difficult or dangerous, incurs for each offence, over and above the damages occa- sioned thereby, a penalty of not less than two or more than ten dollar. 393. The road inspector of the division must make a report to the council respecting any encroachments on the road, side-walks, bridges, and other municipal public works which are under his superintendence. S93. Every road inspector, and every person who accompanies him, or who is authorized by him in writing, may, in the day-time, without previous notice, enter upon any land whatever, whether oc- cupied or unoccupied, inclosed or uninclosed, for the purpose of making a survey for any road, or upon any unoccupied land, for the purpose of searching for timber, stone or materials necessary to carry on any public work, by making compensation for actual damage done. 394. Every road inspector entrusted with the su- perintendence or direction of labor on any road, bridge, or other public work, may, by himself or by others act- ing under his direction, and without previous notice, enter in the day-time, to the distance of one arpent from such public work upon any unoccupied land and take therefrom any materials requisite for such work, except fruit-trees, maples, planes, and any other trees preserved for ornament. 395. Such inspector must, as soon as possible, de- clare on oath, what he beUeves to be the value of the damage occasioned by the taking of such materials. If the amount of damage exceeds twenty dollars, it must be assessed by the valuators of the municipality, according to the rules laid down in article 902 and the following articles of the title of expropriation for mu- nicipal purposes. -m:t: 110 MUNICIPAL CODE. m 1- 896. The amount of damage is paid by such road inspector, out of the moneys placed in his hands for •defraying the cost of such works, to the person who has suffered the damage, all municipal taxes, fines or costs due by such person to the corporation or its officers, being previously deducted therefrom. In de- fault of such moneys, it is payable by the corporation, saving its recourse against the persons bound to per- form such works. 397. The road inspector may, without being au- thorized by the council, perform or cause to be per- formed, the works required on any municipal front road, by-road, side-walk, or bridge, within the limits ■of his jurisdiction, which have not been performed in the manner or a't the time prescribed by the persons bound to perform such works. He may also furnish, or cause to be furnished, the materials which should have been furnished for such ^public works, and which have not been so furnished in the manner or at the time prescribed. Nevertheless, the cost of the work performed and the materials furnished, in virtue of this article, must not exceed five dollars each year for each piece of land liable for such work, unless the road inspector has previously served on the persons liable for such municipal works, a special notice, either verbal or written, enjoining them to perform such work or to lurnish the materials required, within a delay of four days, the whole without prejudice to the penalties or damages incurred by such persons, by reason of their default to execute such work or to furnish such mate- rials in the manner and within the delay prescribed by the proces verbaux^ by the by-laws or by-law. In every case, the road inspector who has performed work, or caused the same to be performed, or furnish- >ed materials, or caused the same to be furnished, under this article, must, as soon as possible, inform the persons in default thereof, by a special notice, MUNICIPAL CODE. ill containing a statement of the amount due for such works or materials. 398. The value of such works or materials, with twenty per cent, in addition there* , may be recov- ered by the inspector of roads, as a debt due to him- self, together with costs against any person bound to perform such works or furnish such materials, in the manner prescribed for the recovery of penalties im- posed by the provisions of this code (1). 399. If the road inspector does not comply with the provisions of article 397, when the labor or ma- terials required ou any municipal works, in his divi- sion, have not been performed or furnished in the manner and at the time prescribed, he must report thereon to the council. 400. The council, on such report, authorizes the road inspector to cause the work to be done or the required materials to be furnished at the cost of the corporation, by some person selected either by it or bv the inspector. ** 401. The cost of such works or materials is paid on the order of the road inspector, by the secretary- treasurer of the council, and is recovered by the cor- poration from the persons in default, with twenty per cent, over and above the amount thereof, and costs, in ^ me manner prescribed for the recovery of penalties imposed by this code. 402. The amount of any judgment rendered in lavor of the road inspector or of the corporation, on mio S^^/^*^'^^^' ^° ^" ^^^^0° instituted under acts. 398 and "U4i, M. L. for the value of work done on a by-road, a justice of ine peace residing in a municipality other than the one where i hv fi n "^5* resides, has no jurisdiction, if it does not appear I cy the record that there is no iustice of tho npaPA in tho t«,,^!,,5_ i fl!ll!^ T'^'^J^X^^ defendant resides.-LAMBEHx & Lapalisse, F/ mvue legale, 65. ' 112 MUNICIPAL CODE. any action brought to recover the value of the worjs peiWmed or the materials furnished by either the road inspector or the corporation, and the twenty per cent, in addition thereto, together with interest and costs, is assimilated to municipal taxes. 40». In every action brought, either by the road inspector or by the corporation to recover the value ot siXworks or materials, ihp evidence of the road insp.c7or is sufficient proof, if it is not contradicted by a a witness worthy of belief, in the case where he establishes : 1. That the required formalities have been ob- served ; 2. That the works have been executed, and the materials furnished; 3. That the amount claimed is the real value of such works or materials ; 4. That the defendant is a person legally liable for the same. A04. The road inspector must, between the fii-st and fifteenth days of June and October, in each year aSd moreover whenever he is required by the council or mayor : 1 Go over and inspect the municipal ferries, roads, side walks and bridges in his division ; 9 Vark down the state in which he finds such ferriesi roads, side-walks and bridges, and the works in connection therewith ; S Make note of any person who has neglected to | fulfil his obligations, and prosecute him in the name of the corporation ; 4 Make a report in writing confining the suds- ; *.:;. nf thfi notes he has taken and the information he has' 'obtained since his last report, on every puDUc work under his superintendence, a ^urther stating [Mi MUNICIPAL CODE. 113 fnrn1«r/ ♦T?^ laboF Unperformed or of materials un- furnished, the value in money of such labor or mate- rials and the penalties and costs remaining unpaid specifying the fands in respect of which the same are due, and the owners or occupants of such lands, if 405. {As amended 6y 41-42 Vic^cAO, 5.19.) When a ZTTl h'-.^°' ^' ^"" ^"'^^"^ P^^^ 0^ a municipal hrnv'on ^ ^^^^^^^ over a water-coursc is destroyed or broken, or whenever the use thereof becomes dan*?-- SnU n^^T^"" ^^^ "f ""^ ^ municipal road becomes nimv n ^"f''^"!' the mayor of the local munici- &l • "^^^1^ '"^'^ ^"^^® °^ «"c^ ^oad is situated either in whole or m part, whether such work is ^ local or a county work, may in cases of urgent neces- sity, authorize the road inspector or any otler person reconstruct or repair the same, or to make ^a safe Sfc^^U^l^^^^ '' ^^^^^^"^>^' '^^ -P-- Of th^: The cost of such work is recoverable by the local corporation, from the persons or corporation who are liable therefor m virtue of the law, by-laws or proch- verbaux, in the manner laid down for the recovery of penalties imposed by this code; and the amount of the judgment with interest and costs is assimilated to municipal taxes. Section IV. Of Rural Inspectors, . 406. Rural inspectors are bound to do whatever IS reqmred of them, in viriue of the provisions of this code respecting public nuisances, clearances, bound! ary ditches or boundary fences. ' I rheV arfi hmmH fn t!^t■r\a•ni■n4■n^J _11 _ _ 1 htrucuon, improvement or repair, ordered upon local or comity municipal water-courses, situatTwithhi 8 114 MUNICIPAL CODE. the limits of their divisions, and to take care that such works be performed according to the provisions of the law, proces-verbaux^ or by-laws which govern them, unless they are exempted from so doing by an order of the council or of the board of delegates under whose direction such works are beine executed, or unless a special officer entrusted with the superinten- dence of such works has been appointed. They are also bound within the limits of the divi- sion for which they have been appointed, to perform all the othei duties which a"e imposed upon them by the provisions of this code or by municipal by-laws. . 407. {As amended by 39 Vic, c. 29, s. 6.) The rules laid down in articles 378 379, 380, 380a and 381 , regard- ing road inspectors, apply also mutatis^ mutandis^ to ru- ral inspectors. Articles 382, 383 and 384, are also applicable to such officers, when joint labor must be done upon water-courses. 408. The provisions of articles 397, 398, 399, 400, 401 402 and 403, respecting the execution of work prescribed on municip. ' roads, side-walks and bridges, by the read inspector or by the council in the name of the corporation, upon the default of the persons liable for such work, and respecting the recovery of the va- lue of such work, apT>ly with similar effect to work prescribed either undti tbe provisions of this section, or prescribed on mu^v ' :..j \ ater-cc o.rses, for the exe- cution of such works by the rural inspector of the di- vision or by council in the name of the corporation, upon the default of the persons liable, and to the re* >- very of the value of work executed by such inspect. 0/ council. ' 409- Whenever the services of a rural inspector | paragraphs of this section, in any locaUty situate | partly vvithin the limits of the jurisdiction of one rural MUNICIPAL CODE. M5 Inspector and partly within the limits of the jurisdic- tion of another, one or other of such inspectors may be required to act. 410. Every rural inspector, when required to act under the provisions of the four following paragraphs of this section, is entitled to ten cents for every hour employed in visiting the localities as well as in manag- ing and superintending the works, if he does not per- form them himself. He has also a right to be repaid any necessary out- lay and costs incurred by hiin for notices, or other papers requisite made under the same provisions. Such costs are paid by the person whom the rural ins- pector finds in default. If no person is in default, they are paid by the party who demands the services of the municipal officer. In case of common or joint works, they are paid by all the parties interested, if they are all in default. In case of refusal or contestation, they are recovered in the same manner and with the same rights and privileges as the value of municipal works performed by the road inspector. 411. The rural inspector whose services have been required by the municipal council, or for the benefit of the corporation, is not entitled to any fee from the latter ; the council may, nevertheless, allow him one. 412. Every special "notice or order given by a rural inspector, may be given either verbally or in writing, savmg in cases otherwise provided for. Every order given by a rural inspector is given by special notice, subject to the provisions of article 228. 413. The rural inspector and any person interested may require from any possessor, tenant or occupant of ituy land, in the same manner as from the owner of such land, the fulfilment of every obligation imposed 116 MUNICIPAL CODE. the proprietor, if any there he. 4,4. The-rai inspec^r n.ust on being -A- ized for such purpose .^y ^'J^ ^^^^fle or cause to be ^^'^^"".!t\hL^^\nroMh'e"corp»at!on in the snow "''v!: Uches^'nd all other works which arereqmr- ^rtopvevem floods and to facilitate the water »n run- iiing off. „ ^ Public Nuisances. M^^ WhPTiever any filth or dead animal has been ae&^Xa%operty wha-r or - ^a water- imi rd^Vh^TsMh 'o^^^ animal re- movid by the person who deposited xt. If the person who has deported suet ^^^^^^^^^ moved at the expense of the corporation. 416. Whoever deports or causes to he deposU.d, any iilth or dead amma^^ "P-f^.f,?!, ot^'^^ ^^^^ ^^ rvrn?«ro^^ioLd thereby, the penalties prescribed by article 391. § II- Clearances. »%i The rural inspector, on either the written or vi?Jreat™on of a^owWr or occupnt 0^ Undm MUNICIPAL CODE. 117 civil code, must attend at the place where such clear- ance is required, after giving special notice of eight days in writing to the parties interested. After an examination of the locality, and on proof that such clearance is necessary and has been demand- ed by special notice in writing, served before the first day of the preceding month of December, he enjoins by written order that within the thirty days next fol- lowing, all shrubs which are of a nature to harm the cultivated land within an extent of fifteen feet in depth along the whole line of separation of such lands, and all trees which are found within such extent, casting a shade upon such cultivated land, saving those excepted by law, or reserved for the embellishment of the pro- perty be cut down. 418. Whoever refuses or neglects to obey the or- ders of the rural inspector relative to the clearance, in- curs, without prejudice to the execution of such orders, a penalty not exceeding two dollars for each arpent in length of such clearance, for the first year, and for every subsequent year a penalty equal to double that of the preceding ynar, over and above all damages oc- casioned to the cultivated land. 419. The damages resulting from the refusal or neglect to make the clearance as required by the rural inspector, are established by three experts appointed as follows : one by each of the interested parties, and the third by the two experts so appointed. If one of the parties refuses to appoint an expert, he is appointed by a justice of the peace on the demand of the other party. § in. Boundary Ditches. 420. The rural inspector, upon the written or ver- bal application of any owner or occupant who demands the opening up of a "boundary ditch between his land 118 MUNICIPAL CODE. and that of his neighbor must visit the locality of mirh DroDOsed boiinda- v ditch, where, after an exa- minatCTthe place, and a he'anng of the parties m- eresteTwho have received three days' special notice hereof, h^ orders the performance of any works which he deems necessary, and determines how and by whom they must be executed. 421. The rural inspector, on the written or verbal application of one of the neighbors who complains of insufficiency or bad condition of the common or ofntbounbary ditch or of the part thereof for which Cneighbor is Uable, must if it is necessary, order he person in default to deepen, cleanse and repair such ditch or part of a ditch, or to do his share of such workw^^^^^^ Such delaymust not ex ceed the time absolutely necessary to perform such work. . In case the work be not performed within such de- lav the inspector may authorize the complainant to do the work himself, the cost.thereof to he recovered in the same manner as penalties under this code. 422. He may, at the same time, order the party compltining to deepen, cleanse or repair that part of th%unda?y ditch for which he is l^b e, wittin the sameSy, if he finds such part insufficient or m bad condition. 4*>a. Whoever refuses or neglects to comply with the orders of the rural inspector given in yirtue of the preceding provisions of this paragraph, mcurs over ?nd above the damages resulting from the defect or insufficiency of his ditches, and without prejudice to rfxe'cS of such orde s,, a ^-Ity not exceedm^^ one dollar for every arpent m length of such ditch which he has to make, every fraction of an arpent LeiuK counted us a no o-p pntirp arnent. 24. Whoever obstructs or allows any boundary 421 * »• MUNICIPAL CODE. 1'^ ditch to be obstructed in any manner whatsoever, is hable to a penally not exceeding one dollar for every day such ditch is so obstructed. §IV. Boundary Fences. 425. the rural inspector of the division, on the written or verbal appUcation of any owner or occupant who demands the construction or repair, or any works necessary for the preservation of a boundary fence be- tween his land and that of his neighbor, in virtue of article 505 of the civil code, must visit the boundary in question, where after having heard the interested parties, duly notified thereof by a special notice of three days, and examined the works reqvired,he orders any partv in default, whether complainant or n9t, to construct or repair his boundary fence so that it be good and firm, within the delay determined by such inspector. Such delay must be as short as possible. 425a. {Added by 36 Vic, c, 21, s. 11, and as amended by 41 Vic, c 18, s. 15.) In the event of the works xiot being executed within such delay, the rural inspector may authorize either the complainant himself or any other person to execute the same, or to cause the same to be executed, and the cost thereof is assimilated to municipal taxes if it is not recovered in the same man- ner as peuLxties under the authority of this code. 426. The rural inspector cannot order the making, in a rural municipality, of a new fence, or the repair- ing of an old one when so dilapidated that the cost of repairing it would be equal to that of a new one, unless the party bound to do such work has received special notice in writing, to such effect, before the first day of the preceding month of December. 42"^. Article 423 relative to boundary ditches, ap- pUes also to persons liable for boundary fences. ■ ^-f^m 120 MUNICIPAL CODE. Section V. Of Pound-Keepers. 428. Pound-keepers are bound to receive and re- tain in safe keeping, animals found straying on any beach, flat, road or public place, or any land other than that of their owners, and impounded by the rural inspector or by any other person who finds them, imtil such animals are reclaimed by their owners, or sold at auction under the provisions of this section (I). 421I. Pound-keepers are boundio provide animals impounded under their charge, with proper food in sufficient quantities, and to take proper care of them under a penalty not exceeding one dollar for each day during which they neglect so to do, without prejudice to all damages occasioned by such neglect. Such penalty belongs to the owner of the animal, and i' recoverable by him only. 4SO. Whenever any animal is impounded, it is the duty of the pound-keeper, under a penalty of not less than two, nor more than ten dollars, for each act of neglect on his p^rt, to give without delay special notice, either written or verbal, to the owner of the animal impounded, if he is known and domiciled in the municipality. 431. If the animal is not reclaimed within the twenty-four hours which follow such special notice, or if tliie owner thereof is unknown or does not reside (1) Heli|! — That experts named to ascertain the damages caused by animals straying and not impounded, have not powers to oblige the parties to submit to their decision, unless there has been a compromise or agreement on the part of the contesting parties to submit or acquiesce thereto ; that experts have such authority only under the conditions mentioned in art. 428 and following of the M. C, that is when animals are impounded. r\tUn^r"''"^ tVincp o/ximi.if hnvo niithnpitv nnlv no ivitnuucoc 1-t- vytiici ^'loo luvoC' ttt'/'tf t-' ..---•- -- — -J -----J •«.-- .,.-.•-,......,,, jj,^ cdssE & Delorme, VI Revue Legale, 210. MUNICIPAL CODE. 121 f the animaL in the municipaUty, the pound-keeper must, under the same penalty, give pubUc notice, in which are set lorth the species and color of the animal, the place where it was found straying, and the name of the place where it is impounded, and he must fni-ther announce its sale by auction on a day fixed, unless such animal is reclaimed by its owner upon payment ' of all expenses, penalties, fees and costs incurred, as well as such damages as may be agreed upon, or as are determined according to article 442. 432. The owner of any animal impounded may demand its delivery, between the hours of seven o'clock in the morning and seven o'clock in the even- ing of any day, upon payment of legal tender to the pound-keeper of the expenses, fines, fees and co-ts in- curred respecting such animal, and such damages as may be agreed upon, or are determined according to article 442. ° If the pound-keeper refuses or neglects to deUver the aninial kept in pound after such payment or ten- der has been made, he incurs a fine of two dollars for every day he thereafter detains such animal, in addi- tion to the damages occasioned by such refusal. 433. If on the day fixed for the sale, the animal impounded has not been reclaimed, and if the da- mages fixed together with the penalties, fees, expenses and costs mcurred have not been paid, such animal must be pubUcly sold by the pound-keeper to the highest and last bidder. r.-f?'^' ^ ^^ ^^® ^^y ^^^^^ ^0^' *^6 sale, there are no Didders, the sale is adjourned to another day, and a pubhc notice thereof is given without delay. 435. The price of adjudication must be instantly paid and before deUvery, in default whereof the ani- mal is again put up for sale. 436. The proceeds of the sale are employed in ing ot the animal : and the balance is placed without I 122 MUNICIPAL CODE. ^Plav in the hands of the secretary-treasurer of the ^nAJ riuncil and, if not reclaimed within a year by the ownefof ?h^^ sold, belongs to the corpo- ration. . AW If the sale has not realized a sufficient sura, thf owner of the animal is Uable to make up the balance. A«« The owner of any animal so sold, if 1 e does not rfside in Te municipality, or if his place of busi- not ':^^''J^,";,„„,pj therein, may reclaim his animal f.'^''.he nuSser wS one month from the day ?f Sle bvWnT liim ^^ W '=«''' °" *>* purchase- monty,oUard above all disWsements for purchase, keep and other charge. yi^o Whoever takes and conveys away any of ?wo doUaJs, or imprisonment not exceeding eight days or both. . 440. Penalties imposed on the owners of animals found straying are for the first offence as follows . For each stallion not under one year ^6 00 do buiU boar, or ram •*• do geld\ng,cill,miy. mare, ox, cow, calf, heifer, or hog ringed... " do hog not ringed, or goat ^ "^^ do fooi:'inck:'^^^^'ov o^evv'onii^^ Ofc For each subsequent offence the penalty is double ''t:^^^^^^^^ the pound-keeper be- fore suit brought (I). (.* HE.D:-'rh.t. a_suU for the -coverj. of .lines mcurred Revue Ugale, 183. MUNICIPAL CODE. 123: 441. The penalties mentioned in the preceding article may be paid to the pound-keeper before suit brought for their recovery. 443. ^n case of contestation, the damages occa- sioned by animals found straying, are ascertained and determined by three experts appointed as follows : one by the complainant, one by tne owner of the animal,, and the third by the two experts already appointed. If the complainant or the owner of tho animal is- not present, his expert is appointed by the pound- keeper. If one of the parties, or in his absence, the pound-keeper, refuse to appoint his expert, he is ap- pointed by a justice of the peace. These experts must be appointed summarily and without delay, on the demand of the owner of the animal or of the complainant. The experts at once proceed to view the damages^ and to render their judgment, which is final and con- clusive. The amount of damages determined by them is re- coverable, in case of refusal to pay the same, in the same manner as penalties imposed under this code (1). 443. No one is entitled to compensation for da- mages caused upon his land by stray animals if such damages are occasioned by tne absence or defect of, his boundary fences (2). (1) Held : — lo That it is only on the express permission of the law that damages and fine can be demanded by one and sam& action ; — 2o that chap. 26, C. G. L. C, granting this faculty, one can under this statute unite the two means of action ; — 3o that the Municipal Code has abrogated chap. 26 only as far as it concerns corporations acting under that code; — 4o that it is only when animals are impounded by pound-keepers that this* .matter concers the corporations acting under this code ; — 5o that in all other cases the damages and the fine for impounded ani- mals can be recovered, under chap. 26 by one and same action. jDaoust & PnouLx, VII Revue Legale, 317. [2] Held :— That a defendant, to take advantage of art. 445 |M. G. and free himself of the ('amages caused by his animals, must not only prove the absence or defect of the fences of th& mtm •mmm 124 MUNICIPAL CODE. 444. It is not necessary that animals found stray- ing be impounded to give rise to a "ght of ac ion against the persons permitting su'ch animals to stray, for the penalty and damages occasioned. 445. The occupant of any land is answerable for any animal he receives to pasture thereon, as it sucn animal were his own property. 446. Persons is possession of animals found stray- ing or impounded, have the same rights and privileges and are subject to the same obligations, and liable to the same penalties as the owners of such animals. 447. Any owner or occupant of land, or any mem- ber of his family, may take and impound on his own premises, any amraal found straying m the mumcipa- Sy, on any beach, flat, road, public place or upon anv land, with the same powers and formalities, and under the same obligations and penalties as pound- keepers appointed by the council. In cases which come under the provisions of this article, the animal so impounded cannot be sold except bv the pound-keeper of the rural division if the* f j one, or if there be no pound-keeper or if he neglect to do so then by the rural inspector of the division, with- out, however, in any manner, rendering the corpora. I tion, whose officers they are, responsible. 448. Penalties recovered under the provisions of this title, except in the case mentioned in article 42 J, are divided according to the rule prescribed in article 1048. plaintiff, but also that it is from such absence or defec^^^^^^^^ riamaees have been occasioned ;- that t is the duty ot tne dSant to prove that the plaintiff is bound to fence the spot thrS which the animals have gone out ;--that. when bet- ween neighbors, there is a spot which nobody is obliged to ween iieigiiuuis, i.wv ^^ .p*^*v.„ „,,:♦ ^r +Kaoo op mnle at this I fence, both are responsiuii; ui .ut. c.v.. ■.. ^^^ .,ni...^u -i - , opot.— Lacosse & Delorme, VI Revue Legale, 210. i MUNICIPAL CODE. BOOK SECOND. 12i> POWERS OP MUNICIPAL COUNCILS. Preliminary Provisions. 449. In addition to the powers which are conferred upon them by the provisions of this book, municipal councils may further exercise those conferred upon them by other provisions of this code, or of any other law not inconsistent with this code. 450. By-laws, resolutions, and other municipal or- dinances, must be passed by the council in session. L. Municipal councils, *n exercising their pow- ust comply with all the forinalities prescribed 451. ers, must ^-^ .. by the by-laws in force in the municipality, in addition to the formalities required by the provisions of this code. 452. The powers specially conferred on any muni- cipal council by the provisions of this code, can be ex- ercised by sucli council only. Nevertheless, any council which, under the munici- pal code, no longer possesses the powers which were conferred upon it by acts antecedent to the coming into force of this code, may repeal the acts which it shall have passed under such powers. TITLE FIRST. MUNICIPAL BY-LAWS, CHAPTER FIRST. GENERAL PROVISIONS. 453. The by-laws of municipal councils must not contain any provisions inconsistent with those of this code or of any other law. 126 MUNICIPAL CODE. 454. Municipal by-laws come into force and effect ^s b^v^ if not otterwiso prescribed in the provisions ..onlakied in such by-laws, fifteen days after their pro- mulgation, except always in the case of appeal .0 be county council against the passing of a by-law by the •council of a rural municipality, and in any other case •otherwise provided for by the provisions oi this co.-'e. 455. Municipal by-laws which, in coiisequence of certain provisions of their own or of this code can onlv come into force at some stated period must be promulgated at least fifteen days before sucb period. 456. Every by-law passed by the council of a rural municipality and amended or confirmed in appeal by Se county council, comes into force fifteen days after iis promuWon or publication, in virtue of article 4)95. 457. The original of every municipal by-law, to be authentic, must be signed either by the head of the ^orpo ation,'or by the person Presiding at the council at the time such by-law was passed, and by the secre- tary-treasurer. If it has been necessary to submit the by-law for the anDroval 01 the municipal electors or of the lieutenant- g?vernor in council, before it can come into force, and ft has received one ov other of such approvals, a certi- ficate inder the signature of the^^«-^^^,,^^«. ^{^^^^^^^ and of the secretary-treasurer thereof, certifying to ^ach of these facts, must accompany and form part 0. the original of such by-law. 458. The secretary-treasurer of the county council musUransmit a certified copy of any l>y-law passed by S council, to the ofiice of the council of each loca munici^alityVithin the limits 01 which such by-law is in force. 459. One or jnore of the subjects mentioned in MUNICIPAL C0»3E. 127 ; mentioned in the provisions of this title may be provided for in one and the same by-law, provided that each of such sub- jects is within the jurisdiction of the council which passes such by-law. In the ci ^e of several subjects, provided for in one and the same bv-law, requirinj,' the approval of the municipal electors or of the lieutenant- governor in council, one approval given either by the municipal electors or by the lieutenant-go -ernor, or by both if necessary, suffices for the entire by-law. 460. {As amevded by 36 Vic, c. 21, 5. 12.) The council niav also exercise by resolution the powers conferred upon it by articles 471, 474, 475, 476, 477, 478, 484, 485, 486, 487, 488, 499, 503, 504, 505, 506, 518, 519, 526, 527; 541 , 543, 555, 556, 586, 587, 588, 589, 590, 591, 608, C25, and 663. 461. Municipal by-laws are binding until they have been annulled by the magistrate's court, or by the cir- cuit court for the county or district, saving all recourse for damage against the corporation as prescribed by the rule laid down in articles 706 and 707. 4«2. Municipal by-laws remain in force until they are amended, repealecl or annulled by some competent authority, or until the time for which they have been made has expired. 463. Municipal by-laws which were submitted to the approval of the municipal electors, or of the lieu- tenant-governor in council, or of both, before they came into force and effect, can only be amended or annulled by another by-law approved of in the same , manner. CHAPTER SECOND. UY-LAWS WITHIN THE JURISDICTION OF ALL MUNICIPAL , COUNCILS. 464. Every municipal council has a right to make, amend or repeal by-iaws which refer to itself, its oiii- M vzs MUNICIPAL CODE. cers, or the municipality, upon any of tlie subjects mentioned in this chapter :— Section I. Gcvernment of the CouneU and its Officers. AUK. To compel members of the council to attend thSngs Tie council or the commif^es thereof, Ind to perform their duties thereat. Ana To reeuUte the manner in which debates are •nhf Carried o,?"nd order and decorum preserved dur- ing the slufngs of the council or of the committees. 467. To fix the number of days the ordinary ses- sions may last. M4ta. To order that the municipal by-laws, before Jpating thereof, be read two or three times, either on tTe same or on different days. 4««. To '^m}^j^^:i^^:ir4'^s>v^^t^on. j«n To define the duties, not deflned by this code, ffhl officers of the council and to impose penalties ^;Scl%*nlC/ hTvrnV^^^^^ ^y this code for Tny sul act of ..eglect or omission. ^wi To establish a tariff of fees payable to muni- • *7i;rJprs for their services, whether by the person cipal officerstor meir s^^ ^^rvices. bv those in whose IlirreS'th^rrer^renderea; or by the corporation, m MUNICIPAL CODE. .129 ordinary ses- the cases where the fees for such services have not been determined by the provisions of this code. . Every tariff made in virtue of this article must be posted up in a conspicuous place in the office of the council. 472. To fix the remuneration of municipal officers by the council in addition to the fees or penalties which they are entitled to receive under the autho- lity of this code, of any other act, or of any municipal by-laws. 473. To determine upon what days of the week, the office of the council is to be kept open between nine o'clock in the forenoon, and four o'ciock in the afternoon. In default of the council determining such office flays in virtue of the preceding provision, the office of the council must be kept opon every juridical day, during such hours. 4'74. (As amended by 36 Vict., c. 21, s. 13.) To order the publication, in one or more newspapers, of the notices of meeting of the council, without prejudice to the provisions of articles 126, 139, 260 and 290. Section II. Public Works of the Municipality. 475. To order and regulate, when in the interest of the inhabitants of the municipfJity, or of a conside- rable portion thereof, the construction, opening up, widening, deepening, altering, repairing, or maintain- ing at the expense of the corporation, of all ditches, water-courses, sewers, embankments and fences. Every by-law made in virtue of this article, con*. CPrnina n ixrat.Pv.pnnrsp frnvprnpH hv nn ont nF n />«,/-.» ment, or by a proces-verbal, has the effect of subrogat- 9 I jjg MDNICirAL CODE. ^oSion rio suchtrus is concerned. 470. TO authorize -ad i-P^^f-,K"for£ ex* ution o£ cenam works on mum ferries, sidewalks .OF^.^^'i^" effect ot obstructing, tfeilTu^st tSne- ?hf conditions under ^vhiclirch permits may be granted. Section IH. f^.rtimi imwovement and maintenance of ''' "^l^wTTiStak^^^^ not belonging to Fuouc Yvui ^^^ corvoration. f i7-« n '\^ «? 12.) To assist 477. (As amended 'g^\l'^^ 'construction of any KtfcS5"a»^teU'of tbe corporatioa of W other municipahty. i^„,oving the 478. TO aid in K\g "P^ «^„S^^^^^ colonization roads l^rvJ^.ortSure%Ttsand sciences ;"nce ; and agnc»- '^^^^^^^^^^ ihe limits of such '""''*'^' o„ V . 29 s 7). To establish 484a. iAdded "^ ^fj^"-- ^^^^^er eltaWishments of and manage alms houses or o^^.^^^^^ and to aid Sarin»or-^a^*«^^'^ the mumc.paUty. Section V. ic7iasil">» of Propel ly « considera- 485. To acquire, g'^^>™''°"'Vbeach lots, bridge^ tinn oilUer in whole or in pait.au " j„acadamued ol -bridges, roads, wooden raUway^^^^^^^^ ^_^ ^ of the same. . , .g q^ in the interest ot 4H6. To acquire, for the use oi considera- r'limL of *e ^ii-J^^P^^^uUously or for a con- .Son^S'^^eto^fl-^^^^ from the government of panada, any J. ^^.^ ^Xrves!cfnals,harbours bridges 0^ rhtlher within or. ^^^^^^^^ MUNICIPAL CODE. 133 488a. (Added by 45 Fie, c. 35, s. 13.) To provide for the establishment, protection and management of water works, public wells or reservoirs, ai i to prevent public water from being soiled or wastefully used. Section VI. Direct Taxation. 489. To levy by direct taxation on all the taxable property or only on all the taxable real estate of the municipality, any sum of money required to defray the expenses of administration, or for any special purpose whatever within the scope of the functions of the council. (1) 490. (As amended by 36 Vic.^ c. 21, s. 14.) To levy by means of direct taxation on all the taxable property or only on the taxable real estate, belonging to those persons who, in the opinion of the council, are inter- (1) Held : — ^That parties who have paid to a municipal corpo- ration a tax imposed by an illegal by-law, have right to be reim- bursed thereof even before the by-law has been declared null and without being obliged previously to sue to have the by-lfiiw de- clared null.— Corporation of Rimouski & Ringuet, Court of Ap- peals,— Quebec, 4th march, 1878. Held :— That the by-law of a municipal council ordering to levy a sum of money <' to pay the debts of the corporation and the expenses of the municipal council for the year 1869," without staling in a precise and determined manner such expenses and debts, is contrary to the letter and to the spirit of the municipal law, and must be declared null and illegal ;— that every rate- payer who has paid taxes under such a by-law may, when in- voking its nullity, claim hem back ;— that if the collection roil enters as the taxes of a rate-payer an amount higher than what it ought to be, under the by-law imposing the same, such roll is null as regards this rate-payer and only as to the over plus. — Dubois vs. Corporation du village d'Agton Vale. II Revue Legale, 565. The Respondents had paid to the Appelant taxes which the lat- ter had no right to levy and which it had not levied according to the terms of the by-law. They have sued to be reimbursed and have obtained judgment. Judgment confirmed. — La Corpo- ration de la villk de St. Jean & Bertrand, Court of Appeals, Montreal, 1 7th aue, 1875. ■"Bi 134 MUNICIPAL CODE. ^^'Si s°u^roTS^.S°fdt. fhe con Juctiou and maintenance of such work. 4«1. TO levy, by -^.^^l/Xe^SS"^^^^^^^^ ^'''^""nf th:Sc'u'''orau'mabtpr^^^^ or only the municipality on petit ou by the maao.y^^^ ^^^ »rSir ^^iS'i'ucb petition. , 'II z^ ar if .e =!i^.?rbrr .T^ S'o'f'tL'Xr^-ot^ sented, is sitnated '". '^° ^^^^^Sey to te raised and t^ i-sTS'e^.^iTd o';.'' sZe Wc work which falls under its jurisdiction. Section VII. Loans and Issue of Debentures. Aoa To borrow money in sufficient sums for any pufpofes witMn the jurisiction of the council (1) Thflt whPre the power of making negotiable pro- fr;rtraccrpff l^Ke pSr^lseTfor Which Lch a corpora- tion is created. ^ j^ municipal corporation, '''Cli'sy judge Rain«^^C^^^^^^^^^ r^wi; orrecuIin^riirinlltTy-notror oF accepting bUls of exchange. »i„„ua,r («; r Montreal, 50th Dec. 1878,— LEo^x •■;;;^L^"o''x?e"r Sb' Mu?.cSv 0.' .H. va-^c. o. S. ML'NICIPAL CODE. 135 493* To issue debentures for any amount deemed requisite to obtain money for any purposes within the jurisdiction of the council. 404. Every municipal by-law, which orders or authorizes a loan or an issue of debentures, must declare the purposes to which the sum so borrowed must be applied, and may contain all provisions deemed requisite to ensure" the proper application of the money and the attainment of the end set forth in the by-law. 495. (As amended by ?^ ^, fi. 29, s. 8). No deben- tures can be issued, ani m. can can be contracted, unless the by-law whic! ai' orizes the issue of such debenture or the contrao. .g of such loan, imposes upon all taxable property liable for the payment of such loan or debentures, an annual tax sufficient for tlie payment of the yearly interest thereon, and, at least, two per cent, over and above such interest, as a sinking fund, until the extinction of such debt. The apportionment of the moneys to be levied for the pay- ment of the interest and the sinking fund annually shall be based on the roll in force at the time of such apportionment, without prejudice to the rights of debenture holders 496. Every by-law, which orders or authorizes a loan or an issue of debentures, must, before coming into force and effect, be approved by the electors of the municipality, when the taxable property or the Louts OF THE Mile End, T. S.) that promissory notes signed by the mayor and secretary-treasurer of a municipality, according to a resolution authorizing them so to do is valid and binds the corporation. Hkld : — That a municipal corporation will be condemned to pay the amount of a promissory note signed by the mayor and secri^tary-treasurer in the name of the corporation, where it is neitlier alleged nor proved that the note was given without law- 'ul consideration. — The GouPORATiON of the towinshipof Grant- HA.M & Couture et al., XXIV L. G. J., 105. 136 MUNICIPAL CODE. taxable real estate of the whole municipality is subject for the payment of such loans or debentures, and m all cases by the lieutenant-governor in "ouncil. 40T- If only the taxable real estate of the muni- cipality is liable for the payment of such loan or de- bentures u-^ municipal electors who are the proprie- tors of su J real estate, are alone entitled to vote in approval or disapproval of such by-law. 40S. It is the duty of the secretary-treasurer of the council which has passed any such by-law, to for- ward to the lieutenant-governor, together with a copy of the by-law submitted for approval, a statement showing the total value of taxable property liable under such by-law, and all the debts and liabilities of the corporation. Such statement must be attested under the special oath of the secretary- treasurer. Section VITI. Administration of Corporation Funas. 499. (As amended by 40 Vic, c. 18, s. 1 ; by 41 Vic, c. 18, s. 16 and 62/41-42 Wc, c. 10, s. 22). To deposit at interest in a chartered bank, or to invest in the pubUc funds of Canada, or of this province, or on first hypothec, any moneys belonging to the corporation; but when these sums are intended to form a sinking fund for the redemption of debentures issued, the council may, instead of depositing the same in an incorporated bank, redeem its own debentures. Any municipal corporation in this province which had any agreement with any incorporated bank or other institution, for depositing sinking fund in virtue of any resolution or by-law of such corporation, or otherwise to redeem debentures issued by such corpo- i:„., i^ „;«fn« r\f qnxT anoh hv-ISAV nrftviOUS tO tllG passing of the above mentioned act, [viz^ the 4U nc, MUNICIPAL CODE. 137 c 18, passed on 28 December 1876) may withdraw any money deposited in virtue of the same, together with the interest thereon accrued, with the consent of such bank or institution, provided the money be applied forthwith to purchase the debentures issued for which such sinking fund is payable. Any such bank in which such sinking fund may have been deposited, may pay over all such money, as well as the interest thereon accrued, to such corpo- ration on receiving a resolution of the council of such municipality to that effect. 500. The secretary-treasurer is always authorized, even in the absence of any by-law or resolution to that effect, to deposit temporarily in a dulv chartered bank, all moneys proceeding from municipal taxes or dues or belonging to the corporation, and to leave such moneys at deposit, until applied to the purposes for which they were levied, or until disposed of by the council. He is bound so to do, when required by the council or by the head of the council. 501. All sums of money not especially appropri- ated form part of the general fund of the corporation. Whenever any sum levied exceeds in amoun^ "le sum required by the council to meet the liabilitieo .- which such sum was raised, the surplus belongs to the corporation and falls into the general fund thereof. 502. All sums of money forming part of the gen- eral fund of the corporation, may be employed for any purpose within th' ocope of the functions of the council. Section IX. Miscellaneous Provisions. the purpose of liquidating any municipal debt. 138 MUNICIPAL CODE. 504. To have a census taken of the inhabitants of the municipality, or of a portion of the municipality. 505. To give rewards for the destruction of wild animals ; and to determine the conditions upon which such rewards are given. 506. To offer and give rewards for information which may lead to the discovery and arrest of persons who have committed criminal offences. 507* To authorize the officers of the council to visit and examine all property, whether movable or immovable, as well as the interior or exterior of every house, building or other edifice, to ascertain whether ' r not the by-laws of the council are carried out. To oblige owners or occupants of such properties, buildings and edifices to reci^lve the officers of the council, and to answer truly all questions which are put to them relative to the carrying out of such, mu- nicipality by-law. 508. {As amended by 41 Vic, c. 18, s. 17). To impose for each violation of any by-law of the coun- cil, a penalty, in the shape of a fine not exceeding twenty dollars, or imprisonment not exceeding thirty days. Penalties imposed for the violation of municipal by- laws cannot be infficted by the court unless they are fully described and set forth in the by-laws respecting them. 509. Every council may also, in the interest of the inhabitants of the municipality, make, amend or repeal any other by-law, for a purely local and muni- cipal object and not specially provided for by this code. MUNICIPAL CODE CHAPTER THIRD. 131) BY-LAWS SPECIALLY WRITTEN WITHIN THE JURISDICTION- OF COUNTY COUNCILS. tllO. Every county council may also make, amend or repeal by-laws ^^r any of the objects mentioned ia this chapter : — Section I. Chief-Place. 511. To fix or change the chief-place of the county. Nevertheless the chief-place of the county can only be changed by a by-law piissed with the concurrence of two-thirds of the members of the council in office^ I After a registry office has been estabUshed therein^ laccording to the provisions of article '2158 of the civil Icode, or public building for the use of such council [has been provided, or is in course of construction, the Ichicf-place can onlv be changed by the provincial legislature. Section II. Vlrcuit Court and Registry Office of the County. 51!5, To determine the place where the circuit court for the county is to be held in conformity with the provisions of chapter seventy-nine of the consoli- lated statutes for Lower Canada. 513. To provide for the construction and main- lenance of a building designed for the circuit court at pe place appointed for such purpose. 514. To provide for the construction and main- lenance of a registry office either apart from or forming part of any court house in the county, with a metal pocks, deeds and papers of the office. vctuxL xux Lxxc jjxcDcrvaLiuu ui lUU MUNICIPAL CODE. 515. {As amended by 41 Vic. c. 18, s. 18). Every county corporation is bound to provide and keep con- stantlv in perfect repair a suitable and ample metal safe or fire-proof vault in the registry office of the county or registration division, no matter where the building may be situated in which such registration office is established or removed to. Every corporation which omits or neglects to com- ply with the provisions of this article is liable to the crown in a penalty of two hundred dollars, recover- able as a debt due to Her Mnjesty, and is further res- ponsible for all damages occasioned by such omission or iief;lect. The corporation of any city or town municipality, comprised within the same county for registration purposes is obliged to contribute to the costs incurred by the corporation of such county under the present article, in the same proportion as the other local cor- porations of the county, according however to the total amount of the valuation of its taxable property; and the county corporation may determine its share and recover the amount thereof in the same manner| as from any other local corporation. V the council of such city or town neglects or re- fuses to produce, at a suitable time, an authentic cer- tificate of the valuation of its taxable property, the county council may determine the amount of its sharej as it may deem proper. 510. If it is established that a registry office isl without a vault or safe,, or that such vault or safe is defective, the lieutenant-governor may order the re- covery of ^'ich penalty from the county corporationm default . .nay cause a proper safe to be placed, or a proper va^.t to be built in such registry office, or the existing safe or vault to be renewed or repaired al the cost of the province ; and the sum so expended may be recovered from the corporation as a debt due toj the crown. MUNICIPAL CODE. 141 517. If there are several county municipalities in the same registration division, the nenalty, expenses and costs are due by all the coud* jrporations, and may be recovered from any one ol them, saving its recourse against the others for their proportions. 518. To ensure the copying of all deeds which must be deposited in the registry office according to the ninety-fourth section of chapter thirty-seven of the consolidated statutes for Lower Canada. ^ Section III. . Roads and Bridges, 519« To cause mile posts and guide posts to De set up on municipal public roads, or on those belonging to trustees of turnpike roads or others, to show the distance from the principal placeF. to which such roads lead, at the expense of the corporations of local mimi- cipalities in which such mile posts are placed. 530. To place toll-bars on the bridges under the control of the corporation of the county ; and to levy toll on the persons, animals and vehicles which pass over such bridges. The council may by such by-law or by any subse- quent by-law, exempt from tolls such persons as it may deem desirable. By-laws made under this article have no force and effect, until they have been approved by the lieute- nant governor in council. 521. (As amended by 45 Fie, c. 35, s. 14.) To pro- hibit the use by persons living in the municipality of any winter vehicles on municipal roads or on roads belonging to trustees of turnpike roads or others, unless the horse or horses or other beasts of draught, mtViq" fhotr Qra nnt. hnrnpeeprl nhrpnst. hp NarnpfsspH in TT iiX^ii L'UT_/> T^'i-V* S5\^-" »-»-^* .-«,»>».»*,-. »...^«^w»-. ~^ — — . *...^»» — «^ . such a manner that the left runner of the vehicle 142 MUNICIPAL CODE. shall run in tho tracks of such horse or horses or other beasts of draught : and further to re^juiate the constru(;tion of tne vehicle to be used by such persons on such roads in so far as the length and breadth tliereof is concerned. 522. To prevent, on the opposition of any interest- ed party, the construction of macadamizec . or planned roads by road companies, according to the provisions of chapter seventy of the consolidated statutes for Lower Canada. Section IV. , Five in the Woods. 523. To determine the periods of the year during which lire must not be applied within the limits of the municipality, to lands, brush-wood, trunks of trees, stumps, fallen trees md other timber for the purpose of clearing or improving landi. This power, however, is not to be construed so as to affect the provisions of chapter : XXXVI of 33 Vic- toria, statutes of the Province of Quebec. Section V. IndemiMy to Members of the Council. 524. To award and fix an indemnity to the war- den, to the members and to the delegates of the coun- cil, fo«? their travelling expenses and board. m MUNICIPAL CODE. 143 CHAPTER FOURTH. BY-LAWS SPECIALLY WITHIN THK JURISDICTION 0. OCAL COUNCILS. 535* Every local council may further make, nmeiid or repeal by-laws foi- each of the objects men- tioiied in this chapter : — Section I. Public Highways. § I. Roads and By 3. 526. To order the opening, coi strnction and niain- tenance of public roads or bridges in the muiiicipality, under the management of the council. 527. To order the widening, altering, or change of position of all muj[iicipal bridges or roads, in the municipality. 52H. V'henever a municipal council has passed a by-law or resolution, in virtue of the two preceding arlicles, the proceedings prescribed by the pr( isions of article 794 and the following articles to artuuo 821 inclusively must be carried on without delay ; to re- gulate, determine, and apportion the wox}£s ordered by such by-law. 529. Nevertheless, if the works must be executed at the expense of the corporation, under article 535, no proces-verbal is made, and the works are regulated I and determined by the council which orders the same. 530. To order after having given public notice, the closing or destructior of any municipal road in the municipality, whether governed by a proces-verbal or not. 531. Tbfi opening, constructing, widening, alter- ing, dh^riiug, or keeping in repair of municipal roads 144 MUNICIPAL CODE. or bridges, may also be ordered by a proces-vcrball duly homologated by any coancil or by a board of county delegates, subject, nevertheless, to the ap. proval of the county council in the case of the follow- ing article : 532. [Repealed by 36 Vict., c. 21, s. 21. See Articltl 762a.) 533. To cause the levelling or cleaning of any ford and the raising, rounding, paving, macadamizing, gravelling or planking of any road or part of anv road under *he direction of the council, at the costs and charges of any one who is liable for the nork on such ford or road. I Nevertheless, if the work of paving, macadamizing, gravelling or planking, must be pp -formed by the rate- payers liable for the road-work, or at their ex- pense, the by-law which orders such work can only be passed on ^ ition of the majority of the taxable proprietors so lable. I 534. The works ordered on municipal roads byl any by-law made in virtue of the preceding article,! are governed and determined by the by-law whichl prescribes them, even in cases in which tney jriust bei performed by the rate-payers bound to do work onl such roads by proc'es-verbal or by the sole provisions! of the law. « I 535. {As amended by 41 Vic, c. 18, s. 19). To order! that all the local or county municipal roads or bridges j for which the rate-payers are liable, and which are! situated within the limits of the local municipality! be, for the future, made, improved and maintained atl the costs and charges of the corporation of such locall municipality, out of moneys levied by means of direct! taxation for such purpose, on all the taxable property| in the municipality ; or substitute the corporation, ifll the place of the rate-payers of such municipality, in all! MUNICIPAL CODE. 145 ■e of the follow- 21. See Articlii obligations to which the latter may be bound in re- ference to all municipal roads or bridges, local and county, water-course bridges, and road bridges. The council may, however, except and leave in the iteeping of the persons who are bound to do work thereon, front roads as well as roads or bridges lead mg exclusively to ferries or toll-bridges. article 749 ^^^^ ^^^^ ^^^ ^^^^^ ^^ *^°®® referred to in Any by-law made in virtue of this article shall onlv come into force on the first day of the month of Janu- ary following its promulgation (1). (1) Held:-- 1 0. That according to art. 793, a municiDal cor- pcration IS .able to a fine, if it neglects to haVe the roLds and bridges kept in the state of repairs required by law, or by by-laws or hyproces-verbaux ;-2o. That this obligation iiposed by an! /93, M. G , is a duty of inspection and is not limited to the casP where a by-law has been made according to art. 535 •-3o That when abridge built by the government on a river situat/d in the municipality, has been carried away by the waters the cor- poration is not liable to a fine for not havingTS U -!?o Se>nhle that if the bridge had been built m virtue of a resolution of the municipal authorities, and when built, had been destroyed he corporation would be guilty of negligeAce in not rebuS V W^^^^^ GoHPOHXTiON nu TowNSHu. .. GuEaxsEv: 7^^:ld :— That a municipal corporation is only bound to main a., 'oads aaer it has passed a by-law under article 535 M G and s . long as no such by-law is passed no obligation lies u«on h corporation, and the obligation of maintaining road reniairs full and entire on the rate-payers.-PxRANT t;.. Corporation ?f bT Henri. 1 Quebec Law Hep., 869. Held :— That an indictment will lie against the corporation of a rural municipality for non-repair of a highway;although?t ?s thi' £''j f ""'k "^^^""^ ^¥ corporation, after conviction, causes the road to be fepaired, a merely nominal fine will ho i'mnncf? ^TRp^nrl!"'" """^ be awarded inlavov of the privateVroTecut^r' --The QuEFi.ii^ The Corporation of the Parish op St Sauveub OF QuEUEG, III Quebec Law Hep., 283. ^^auveub 10 146 MLNICIPAf, CODE. 536. During the whole time that a by-law, passed in virtue of the preceding article, for the purpose of placing such works at the costs and charges of the municipal corporation, remains in force, no rate-payer is liable for work on roads or bridges thus placed at the charge of the corporation, and such corporation is substituted in the place and stead of the rate-payers, in all the obligations they are under in respect of such works, whether the^r proceed from proces-verbaux^ by- laws, or the provisions of the law, under the same penalties as such rate-payers. 537* During the whole time such a by-law conti- nues in force, every part of a proces-verbol or of a by- law which determines the work to be done, the man- ner in which it is to be done, the nature and quality of .he work, and the duties of the road oflicers, remains in force and is obhgatory upon the corporation ; the other parts of the proces-verbal or of the by-law are suspended, and after the repeal of such by-law, revive and take effect. 538- The council may, by resolution, define the manner in which the money levied for such work must be expended and applied in the municipality. It may also, for the execution of such work, make any contracts it thinks proper, in conformity with ar- ticles 786 and 787. 539. The road inspector of Che division must take care that such work is executed by the corporation in the manner required by the proces-verbaux or by the provisions of law whicn govern the same. In case of neglect, he must require the corporation to perform such work, and for any default so to do, prosecute in his own name. 540. No by-law made in virtue of article 535, can be repealed except by another by-law voted by two- thirds of the members of the council, which shall only m MUNICIPAL CODE. 147 icers, remains come into force on the first day of the month of Janu- ary next after its promulgation. 541. To fix the time during which persons bound to keep in repair winter roads under the control of Ln?fV''^ir'."'? ^'fP ^^^ fences, mentioned in article 836, levelled, in the manner set forth in such article ; to compel such persons to put the fences un again ; or to exempt them : ,m taking them down ^ 542. To place turnpikes on bridges, or on mara iTin'^'i^^"^"^' ^^.Planked roads, under 'the control of ho local corporation ; and to l^vy tolls on persons ammals and vehicles passing over such bridges o^ The two last paragraphs of article 520, apply also to hy-laws made m virtue of the preceding pro vilion § II. Public Places. 543. To open, enclose, embellish, improve and maintain, at the costs and charges of the cSrooration Zr',^ Pf,r^ks, or public placesfof a nature rconduce' |lnSity.' ''"^ "^'^' inhabitants of the ft § III. Sidewalks and Sewers, Irofdf t; Jn • ^^'?® ?® proprietors of lands situated on roads belonging to trustees of turnpike roads on m,. ritiHn'.rr '''^'^ '' ''' public^laces'^Ui'the wTo: lie municipahty or in a part only of the m unir-infl I, 't^tn Jniake and maintain on surh mLc !f„®i?!i?"i^i?^^A^y' *^ *• liBiiliiii 14S MUNICIPAL CODE. 545. To oblige such proprietors to make and main, tain sewers in front of their respective properties. 546. {As amended by 41 Vic, c. 18, s. 20.) To fix upon the manner in which such sidewalks or sewers must be made or maintained ; and even to construct them at the expense of the corporation : or by appor- tionment upon a portion of the municipality. § IV. Miscellaneous Provisions. 547. To cause trees to be planted along roads, be- longing to trustees of turnpike roads or along munici- pal or other roads, or along sidewalks or public places, either at the expense of the pei sons bound to maintain such roads or sidewalks or at the expense of the cor- pora lion. 548. To prevent parties from driving or riding fast- er than an ordinary trot, on roads belonging to trus- tees of turnpike roads, or on municipal or other roads or in public places within a radius of half a mile from any church. Section II Ferries, 549. To regulate the ferries which are under the direction of the corporation ; and to determine tliel amount to be paid and the conditions to be observed obtain any ferry license. 550^ To fix or anprove tho tolls payable for cross-l ing such ferries eittier in a boat, steamboat or otherj craft. MUNICIPAL CODE. 149 551. No by-law made in virtue of the two preced- ing articles can fix or approve the tolls payable by cer- t- '1 persons at a less sum than those payable by others, nor give certain persons or localities advantages refus- ed to others. 1 . 552. (.4s amended by 41 Vic, c. 18, s. 21.) No license issued lor a ferry can be granted for a period exceeding five years. 553. If the ferry is under the joint control of two local municipalities, as prescribed by article 861, the council of either municipality mav make by-laws res- pectmg such ferry, under articles 549 and 550 ; but such by-laws have no force and effect until they are approved by a resolution of the council oL4;he other municipality, or in default of such resolutftn, by the lieutenant-governor in council. Section III. Plan and Division of the Municipality. 554. To have maps, plans or surveys of the muni- cipality made. Maps or plans of the municipalitv. prepared at the expense of the corporation, must be made by a provin- cial surveyor and upon a scale of at least four inches to the mile. . 555. To divide the territory of the municipality into as many road divisions as may be deemed expe- dient, for the superintendence and direction of works on municipal road^nd bridges and anv other works under the jurisdiction of the road ineDeclors. 556. To divide the territory of the municipality ^,,.«g■ 150 MUNICIPAL CODE. into such rnra! divisions as may be deemed expedient for the purposes of superintendence and direction of works in connection with water- courses, fences,ditches, and all other undertakings under the jurisdiction of rural inspectors. 557. If the municipality is not divided into several ^ rural or road divisions, it forms one division only. If in virtue of the two preceding articles any changes are made in the division of the municipality, while inspectors are in office, the jurisdiction of each must be determined by a resolution of the council ; otherwise such inspectors continue in the exercise of their jurisdiction as if no changes had been made. iiii. Section IV. Abuses prejudicial to Agriculture, 558. To prevent the cutting down, damaging or destruction of trees planted or kept for shade or orna- ment, as well on public roads as on private property. 559. To prevent or cause to be done away with all abuses prejudicial to agriculture and unprovided for by law. 500. To establish pounds, in which poultry or animals found straying on beaches, flats, roads or public places, or on the property of another than their owner, may be impounded; to appoint keepers of such pounds, and to determine their fees. The provisions of this article are binding on every town or village council, and every such council must comply therewith, within four months from the time int( WiiCii tills v/UUC V/Uiiica MUNICIPAL CODE. 151 sd into several Section V. . Sale of Intoxicating Liquors. §1. Prohibition of the Sale of Intoxicating Liquors. 561. To prohibit the sale of intoxicating liquors in quantities less than three gallons, or one dozen bottles of at least three half jpints each, at one and the same time, and the granting of licences therefor within the limits of the municipality and on the ferries which are dependencies of such municipality. 561fl. (Added by 41 Vic, c. 18, 5. 22). To prohibit children or apprentices from frequenting taverns hotels, restaurants and stores, in which are retailed intoxicating liquors. 562. Kvery by-law made in virtue of the preced- ing article, whether for prohibiting the sale of intoxi- cating liquors and the issue of licences therefor, or for repealing any such prohibitory by-law, only comes into force from the first day of the month of May which follows its promulgation, provided always that before such period an authentic copy thereof has been sent to the collector of inland revenue of the district. 563. The collector of inland revenue of the dis- trict cannot, so long as such by-law remains in force, issue Ucenses, authorizing the vending or retailino- of intoxicating liquors in a quantity less than three gal- lons, or a dozen bottles of at least thee half pints each, at one and the same time, in any inn, tavern, or other house or place of public entertainment, store, shop, or other locality whatsoever in the municipaUty. 564. If a prohibitory by-law has been annulled, lae collector of inland revenue cannot, within two 152 MUNICIPAL CODE. months from the date of such judgment, grant any license, the issue of which the council prohibited or had the intention of prohibiting by such by-law so annulled. During such interval, the council which passed the by-law so repealed, may make and put in force, ac- cording to the ordinary rules, another by-law for the same purpose, and send a copy thereof to the collector of inland revenue of the district. 565. Licenses granted in contravention to the pro- visions of a prohibitory by-law, and to those of this code, are null and void, within the limits of the muni- cipality where such provisions are in force. No license issued to distillers, or brewers, or for the retail of intoxicating Itquorson board of any steamer or other vessel, or any other license whatsoever, can in any wise avail to render legal any act done in vio- lation of this section. 566- [As amended by 43-44 Vic, c. 11, s. 16). In any municipality in which a prohibitory by-law, made in virtue of article 561, is in force, no person shall, under a penalty of fifty dollars or imprisonment for three calendar months, or of both together, for each offence, expose or keep for sale, sell, barter, or give in exchange for any chattel or consideration, intoxicat- ing liquors in smaller quantities than those prescribed by the said article, delivered, taken or carried away at one and the same time, by himself, his clerk, ser- vant or agent, directly or indirectly, on any pretence whatsoever ; unless it be for medicinal purpj^es or for use in divine worship by the person appwnted for that purpose by resolution of the municipal council and licensed therefor under the Quebec License Law, and upon the certificate of a physician in favor of a ■natient under his immediate care or upon that of a clergyman in favor of a person whose spiritual advi- ser he is bona fide. MUNICIPAL CODE. 153 567* All obligations contracted under any lorm, or ill any manner whatsoever, for liquor obtained in contravention of the provisions of this section, are iield to have been contracted without any considera- tion, and are null and void, except in so far as a sub- sequent purchaser for value received and in good faith is concerned. Any payment made, on such consideration, either in money, work, or any other articles whatsoever, is also held to have been made without consideration, and to be null and of no effect, and the amount of value of ^ch payment may be recove^'ed from the re- ceiver by the part^/ who made the same, before any court of competent jurisdiction. §11. Limitation of the Number of Licenses for the Sale of Intoxicating Liquors. 56^. To limit and determine the number of licen- Ises which the collector of inland revenue for the dis- trict may issue, for the sale of intoxicating liquors in taverns, inns, and other places of public entertainment, I or in stores and shops. 569. The articles 562, 565 and 567, apply also to I by-laws made in conformity with article 5d8." 570. If the council has passed a prohibitory by-law I in virtue of article 561, the by-laws which have been made by the same council, in virtue of article 568, are suspended during the whole time such by-law conti- [nues in force. §in. Miscellaneous Provisions. 5TI. The by-laws made by the council of a rural jniuaicipality, in virtue of the provisions of this section, are iiol subject to appeal to the county council. 1^ 154 MUNICIPAL CODE. 572. All municipal by-laws and ail pl'Ovisions in any municipal by-law relating to the sale of intoxicat- ing liquors, in force at the time when this code comes into effect, other than those which may have been made in virtue of articles 561 and 568, are repealed, dating from first day of May following the coming into force of this code. f^mi ' Section VL Storage of Gunpowder or other Explosive Substances. 573. To limit the qnauiity, not exceeding twenty- five pounds, of gunpowder or of any other explosive substance, to be kept in any place other than a powder magazine ; and to regulate the manner in which such gunpowder or other explosive substance must be stored. 574. To authorize the construction of buildings in which any quantity greater than twenty-five pounds of gunpowder or other explosive substance must be kept at one time, and also the walls or fences by which such buildings are to be surrounded at a fixed height and distance. To prescribe the precautions which must be taken by any person whatever entering such buildings, or conveynig gunpowder or other explosive substance to or from the same, within the limits of the municipal- ity. 575. To restrict the storage of gunpowder, or any other explosive substance, in quantities of twenty five pounds or more, to certa* limits v;ithin the munici- pality. ' 576. To provide that any gunpowder or other ex-i plosive substance, which is kept in a less quantity MUNICIPAL CODE. 155^ than twenty-five pounds, be placed in tin, lead or cop- per boxes. 577. To cause to be removed or confiscated any gunpowder or explosive substance, kept or conveyed contrary to municipal by-laws. 578. The municipal by-laws respecting the storage and conveyance of gunpowder, do not apply to Her Majesty's magazines or ammunition. Section VII. Sale of Bread and Wood. 570. To fix the weight and quality of the bread sold or offered for sale in the municipality ; and pre- scribe the marks which it should bear. 580* To r ^gulate the measuring of cord-wood, bark, I lumber and shingles, offered for sale in the munici- I pality. 581- To authorize the confiscation, for the benefit of the corporation or of the poor of the municipaUty, of every article offered for sale or sold or delivered, in I contravention to the by-laws made in virtue of the pro- visions of this section. Section Vllt. Trade Licenses. 582. (As substituted by 35 Vic, c. 8, s. 3 and as lollowing persons to take out a license from the cor- poration, for the exercise in the municipality of his 156 MUNICIPAL CODE. m trade, occupation or calling, and to pi-event each of thorn from carrying on such trade, occupation or calling?, without such license : ^ , . 1 Ever" broker or banker, ai d every wholesale or retail trader, residing in the municipality or not, r^er- chant, or dealer, except such persons as are obliged to take outUcenses from the government of the province, ill so far only as relates to the particular business for which they must have such license ; 2. Every carter or common carrier. (1) No such license can be given for a longer period than twelve months. The price fixed for gi anting any such license, in virtue of this article, must be propor- tioned to the extent of the business, trade, or o^cupa- tion, of each person bound to take a license, and fixed at the discretion of the council, but such price must not exceed twenty dollars in the cases set forth in paragraph one, and twelve dollars in those of para- graph two. 583. Every carter or common carrier licensed as such in the local municipality in which he is domiciled, may convey any articles taken from such municipa- lity, 01' any persons going therefrom, into any other municipality erected in virtue of any law whatsoever, (\) Held :—That under the statute permitting municipal coun- cils to make by-laws to compel " brokers or bankers, wholesale or retail traders, merchants or dealers, and carters or common carriers, " to take out licenses from the corporation for the exer- cise in the municipality of their respective callings, a by-law was passed requiring a license to be taken by " any person not an inhabitant of the municipality who, by himself or by others, should come therein to carry on the trade of delivermg, oirering for sale or s filing bread, wholesale or retail. " Such by-, iw was ultra vires, there being no power in a muni- cipality over persons not inhabitants of it; that the said by- law was in restraint of trade to the oppression of the subject, and consequently void; and it was further illegal by reason of I nut being in the very woriia of the- lav,* coniSrnn^ __ tax.— The Corporation of St. Boch South vs. Dion, Quebec | Law Rep., 241. MUNICIPAL CODE. 157 vent each of Dcupation or wholesale or ^ or not, rer- are obliged to the province, r business for I longer period ' gi anting any Lust be proper- ,de, or o^cupa- snse, and fixed ich price must ;s set forth in those of para- ier licensed as le is domiciled, ach municipa- into any other w whatsoever, f municipal coun- inkers, wholesale arters or common ition for the exer- igs, a by-law was my person not an I elf or by others, Blivering, offering | power in a muni- ;hat the said by- ion of the subject, egal by reason of I MHt v\ r» VS. Dion, Quebec without paying to such other municipality any muni- cipal license or taxes by reason of such conveyance. He may also, without being bound to take out any other license or to pay any other tax, convey within the local municipality wherein he is licensed, goods or persons commg from any other municipaUty erect- ed under any law whatsoever. Jti the absence of any by-lawunder theiireceding article, respecting carters or common carriers, the council may grant to any carter or common carrier^ domiciled within the local municipality, a permit which secures to him he rights conferred by the two preceding provisions. Section IX. Personal Taxes, 584« To levy annually the taxes hereinafter men- tioned upon the following persons : 1 . Upon every tenant who pays rent, a sum not ex- ceeding three cents in the dollar i^pon the amount of his rent. 2. Upon every male person of twenty-one years of .go, residing in the municipality and not otherwise ■ v; '^ Ti virtue of this code, a sum not exceeding one auiiar. 5«5. The valuators in office of the municipality are bound to make each year, upon order of the coun- cil, in the manner and at the time it prescribes, a return of all the persons taxed by the council in virtue of the preceding article. Upcn the refusal or neglect of the valuators to moXrv, oiin'h T'Qfnrn in tVio mnnnpr nnrl nt. tlip Hmp nvps- cribed, the council may have it made by one or more Dersons ivhom it appoints for that purpose. 458 MUNICIPAL CODE. Section X. Indemnities and Relief 586. To indemnify persons whose property has been destroyed or injured, either wholly or in part, hy rioters, within the limits of the municipality. 58T. To contribute to th3 maintenance or support ■01 poor persons residing in the municipality who, from infirmity, old age, or other causes, are unable to earn their owu livelihood 588. To relieve any yerson who has received any wound or contracted any sickness or disease at a fire. 589* To grant rewards, in money or otherwise, to any person who performs a meritorious action at a fire, or who saves or endeavors to save any one from drowning or from other serious accident. 500. To provide for the wants of the family of any person wno loses his life at a Lre, or while saving or endeavoring to save any one from a serious accident. 591. To establish and maintain poor-houses, houses -of refuge, or other establishments for the refuge and relief of the poor and destitute ; to give domiciliary relief tO the poor residing within the limits of the mu- nicipality ; and to aid charitable institutions establi- shed in the municipality or its neighborhood. Section XL Public Nuisances. 592* To compel the proprietors or occupants of liouses to clean their otables, cattle-sheds, pigsties, out- MUNICIPAL CODE. 15& com a serious houses, privies, and the yards connected with such buildings, at such times and in such manner as the council deems expedient. 593. {As Amended by 41 Vic, c. 18, s. 23). To pre- Ivent the making deposits of substances or matters from whence issue noxious gases or odors, such as coal oil, superphosphate of lime in course of prepara- tion, detritus or remains of dead animals, the contents of privies and the like ; and to r^-^ulate the mode of I making such deposits. 594- To prevent any person from letting off fire- works or fire-crackers, discharging fire-arms, lighting fire in the open air, in tne streets or roads, or in the I neighborhood of a building, grove or fence. 595. {As amended by 36 Vic, c 21, s. 15.) To order dogs to be kept muzzled or tied up ; to prevent them from beir > at large without their masters or other per- Isons who take charge of them ; to impos^e a tax not lexceeding ten dollars on the owners of dogs kept in the Imunicipality ; and to authjrize any municipal ofiicer lor other person to destroy by poison or otherwise, all [dogs found at large contrary to municipal regulation. The penalty imposed for any contravention of the Iby-laws made under this article may be recovered, ex- jcept in so far as respects the tax, from persons residing? [outside the municipaiity, whose dogs shall . ^e been ■found in contravention of such by-law. 596. To regulate the manner in which pubhc or irivate slaughter-houses must be built and kept in re- pair. -^ 160 MUNICIPAL CODE. Section XII. Decency and Good Morals. SOT. To prevent the desecration of all burial grounds, tombs, graves, monuments, or vaults m which the dead are buried. 598. [As amended by 45 Vic.,c.3b, s. 16.) To suppress everv kind of gambUng and the existence of gambling houses, or houses of ill-fame ; and to authorize any, constable to arrest each and every person found therein. ' 599. To prohibit circuses, theatres or other public exhibitions from being held ; to regulate and permit them to be held upon such conditions as may be deem- ed fit, and subject them to a duty or tax which must not exceed fifty dollars for each performance. Every tax imposed by a by-law made in virtue oil this article, if it is not paid on demand, may be levied upon all movables and etidcts, even upon those which are ordinarily exempt from seizure, found in the posses- sion of any of the persons connected with such circus, theatre or exhibition, under a ^a-it of seizure, signed by the mayor or by a justice of the peace, and executory forthwith, without other prehminary formaUty. GOO. To cause the bars of inns, taverns and of other places of public entertainment, to be closed from seven o'clock in the evening on Saturday, until the following Monday at four o'clock :n the morning. COl. To prevent, on Sunday and holidays of gation, horse races and all other horse exercises upoE any race course or place whatever. 50!5£. To prevent cock fights, dog fights and everfl ler cruel amusement; and punish whoever takej present at them. oaths, and blasphei 6o;3 other 003 prevent profai MUNICIPAL CODE. 161 and obscene language from being used on roads, squa- res, or in their vicinity. 604. To prevent the posting up, or the making or writing of indecent placards, paintings, drawings, words or inscriptions, upon houses, v^^alU or fences, and on roads or squares. 605. To prevent persons from bathing or washing themselves in public waters, or in the open air, close to the public roads or squares, or to regulate the man- ner in which bathing in such places may be per- formed. 606. To prevent all persons, even those having li- cepsps, from selling or giving intoxicating liquors to any child, apprentice or servant, without the consent of the father, mother, master or legal guardian thereof. Section XIII. Public Health. 007. To establish boards of health and appoint the members thereof. 608. To take proper measures for securing the in- liabitcints of the municipality, from contagious or pes- tilential diseases, or for diminishing the dancer result- ing therefrom. and blasphemous Skstion XIV. Miscellaneous Provisions. disii th if it. 41 15 IlO OOfl. Tn prpp.t. in tho mnTiirmql'*- "" "' goal in such municipality, nrceration of persons sentenced to a term of lock-up house for 11 V- ■■^-. 162 MUNICIPAL CODE. imi^risonment not exceeding thirty days, in virtue of the provisions of this code or of the municipal by- laws. 610. To encourage, establish and maintain fire companies or firemen for the protection of property. 611. To limit the number of general or ordinary sessions of the council, to not less than four in the year. 612. To oblige the proprietors and occupants of lands to fence the same along municipal or other roads. 613. To enclose at the cost of the corporation, any land recognized as a public cemetery. 614. To establish and maintain public drinking founts in the municipality. 615. To impose a duty, not exceeding twenty-five dollars, on certificates approved by the council, to obtain a license for keeping any inn, tavern, tempe- rance hotel, or other house or place of public enter- tainment. CHAPTER FIFTH. BY-LAWS SPECIALLY WITHIN THE JURISDIGTIOK OF TOWN OR TILLAGE COUNCILS. 616. Every town or village council may further make, amend and repeal by-laws for any of the objects | mentioned in this chapter. MUNICIPAL CODE. 163 )rporation, any ablic drinking GTIOK OF TOWN war Section I. Dimion of the MmicipalUy into Wards. such manner that the term of office of Parhnf. ? councilors shall be three years mvp in i^f^"'^'' regards the term of ofiice of The ciundllor" dected at the first general election after the com n' into fm-p thSoles'of'^„'!!fp"'7'"'y ^"'^^"^ '"'0 ^'ards for ^of tl e MniciDarpW?r' ^/P''T"'^"°"' *e meeting he held [n"l"^'l?'!°!:r.°Af««»i.^^'-'i 's convened tS 'he pubUc'notioe"' " "■''™'' "' "''^ ^'^^'^^ named in 104 MUNICIPAL GODB. 0**1. If more persons are proposed for election in a wrrcl than there are councillors to be elected, the Dresidinc? oliicer must proceed to hold a poll lor such ward, at the p}ace of meeting itself in the usual manner. n22. Municipal electors can only vote in the ward in which they are duly qualified electors. If thev are duly qualified as municipal electors in several wards, they may vote in each ward in which they possess such qualification. «*^3. The council must appoint, to preside at the meeTing and in the holding of the polls ivi the varioua wards, as many poll clerks as there are wards m the mumicipality. 623«. {Added by 38 Vic, c. 25, s. 1.) The coun^l, on the petition to that effect, of the proprietors repre- senting two-thirds in value of taxable real estate, shall be bound to divide the municipality into three wards at least, in conformity with articles 617 and bib. On the refitsal or neglect of the council to pass a bvlaw for this object, at one of the two general meet- ines following the presentation of the petition, tHe lieutenant-governor in council may make such divi-1 ^on, which shall have the same effect, as if made Dj the municipal council. Section II. Masters and Servants. fi04. To regulate the conduct of apprentices, ser- vant! hired nersons, day-laborers or journeymen .xzhPthpr thev be of age or minors, towards their masj tejs "or mistre.-.'e?,, and the conduct oi masters aii.j mistresses toward* he former. MUNICIPAL CODE. 165 In default of by-laws made iindei? this article, regu- lating the conduct of apprenticeb, servants, hired p^'- soiis, d^y-labnrer. , or journeymen, whether of age pr minors, towai-ds their masters or mistresses, and thit of masterb and mistresses towards the former, in any village or town municipality, the provisions of the law respecting masters and servants in force in rural mnnicipalifeies, are applicable within such village ©r town mOnicipality. Section III. ft Public Markets. 625. To estanlish, change, abolish or kee{) in order public markets or place in which public \nar- kets are held ; and to regulate the lease of stali or stands Ljierein, fcu' the sale, or offering for sale, of eVery description of goods, merchandise, or waree^ or of any specinc commodity. 626. To determine and define the duties and powers 6f all officers eniployed on fiie public marl^ts within the whole extent of the municipality. 62%. To prevent any person, not resident in the municipality, froiji selling or exposing ^r sale iivthe municipalitr, provisions, grain, wares, or other mer- chandise, elsewhere than Upon the markets of the corporation. 628. To prevent any person, residing in the muni- cipality, from cutting up or weighing any meat-, wiie- ther beef, mutton, lamb, veal, pork, or salt beef, for the sale thereof, or from exposing the same for sale, on any such markete, elsewllere than in a butcher's stall cir in a stall for the sale of salt provisions, pro- vided that nothing contarined in this article shall be deemed to prohibit the sale on such markets, by far "-i^SEE^*^ 166 MUNICIPAL CODE. ^J} mers or sportsmen, of any kind of meat and venison not out uf ^ or in quarters only. 629. To prevent or to allow the sale, by residents or» non-residents in the municipality, of any kind of fresh or unsalted fish, in such manner and at such places as may be fixed upon, the whole without preju- dice to any thing contained in the laws, relating to fishing and hunting. 630. To regulate the conduct of any person selling or exposing for sale, purchasing or seeking to purchase upon such markets. OS^l* To impose duties on all persons selling on the roads or on the markets or market places of the cor- poration, any provisions, vegetables, butchers' meats, poultry, grain, hay, straw, firewood, shingles and other articles. 632. To impose duties upon wagons, carts, sleighs, boats, canoes and vehicles of all descriptions, in which articles are exposed for sale upon the markets, on the public roads or ways, or upon a beach. 633. To regulate the manner in which such wa- gons, carts, sleighs, boats, canoes, and vehicles shall be placed in the markets or marketplaces, or on the roads. 634* To restrict and make regulations affecting hucksters or persons who purchase for the purpose of retailing articles brought into the municipality. 6B5. {As amended by 39 F/c, c. 29, s. 9.) To deter- mine whether articles brought into or produced in the municipality to which no provision of the law ap- plies, must be sold by weight or measure. 636. To authorize the confiscation, for the benefit of the corporation or the poor of the municipality, of MUNICIPAL CODE. 167 and venison all goods, wares, or articles bought or sold or deliver- ed in contravention to the by-laws made in virtue of the provisions of this section. erson selling ;les and other Section IV. Waters and Lights. 637. [As amended by 41-42 Vic, c. 10, s. 23 and by 4445 Vic, c 22.) To provide for the establishment, protection and managem.ent of aqueducts, public wells or reservoirs, and to prevent the same from being foul- ed or wasted. eSTa. {Added by 44-45 Vic, c 22.) To grr/at for a fixed number of years to any company, person or so- ciety of persons, who will undertake to construct an aqueduct, public wells or reservoirs, or who shall as- sume the management thereof, an exclusive privilege of laying pipes to supply water within the limits of the municipaUty, and enter into a contract for such supply of water for one or more years, but for a period not to exceed twenty years. 6376. {Added by 41-42 Vic, c 10, 5. 23.) To provide over and above pny tax for the establishment, or for the maintenance of aqueducts, public wells or reser- voirs, for the payment of a compensation for the water, according to such tariff as it shall be meet, every pro- prietor, tenant or occupant of any house, shop or hke building, whether or not the latter avail themselves of the water, provided always that the council cause a notice to be served on them to the effect that it is pre- pared to conduct the water, at its own expense, into or near their houses, shops or buildings. Every by-law to compel proprietors, tenants or occu- pants to pay such compensation for water, before having force or effect, must be approved by the majo- 14 ' |< MUNICIPAL CODE. mty cff the electors beinj? proprietors of real estate in the municipal ty wh« vote on such by-law, and by the Ljeubenant-Governor in couneil ; provided always that klie num4)er of those who vote in favor of snch by- law is at least oae third •! the total number of electors baing proprietors. Every proprietor having one or more tenants, sub- tenants or orenpants, shall be liable for the payment «r suop^i cempsnsatlon in the event of his re/using or anglecting to furnish a distinct and separate supply jMDe IfO siKih tenant, subtenant or occupant. 4ai7c. {Mnmidad by 44-45 Vic, c. 22 5. 3.) To provkte for the payftent of annual subsidy to any company, per- son or Tipnj 'of persons which shall undcptake the con struotion of an aqueduct, public \vell or reswvoir dur- in.s:^ch period, as may be agreed i?pon. Ei^ery by-law passed in virtue of the praeent article kirfore having force and eilect, must be approved by the aiajority of th^ electors being proprietors of real eitate in the municipality who vote on such by-law and by the Lieutenant-Governor in council ; pi^vided always that the number of those who vote in favor of such^by-laiw, ie at least one third of the total number of electors being proprietors. B9H. To provide for the hghtiwg of tlie municipa- Mly, in any manner deemed aaiitabie. eii&. (As replaced by 45 F*c., c. 35, s. 17.) To compel Uhe owners oi* ©ccupants of lands situated, a« well in iiie muHicipality as in a neighboring municipality, to permit and allow all works, undtH-taken for the purpose of providing the inhabitants of the municipa- ilty with water or light, to be carried on, and the taking possewion, for the purpose of supplying and feeding such water works and otlier hydraulic cons- tructions, of the innavigable lakes, ponds, springs and water coursee, having their source or flowii g on pi'ivate property, without however diminishing the volume or turning the course of such waters flowing rkTTuv coxroral rkvnnpvhipe «n as t.A intprfprft urith the rights of riparian proprietors to use the sam^, as well MUNICIPAL CODE. 169 undor the common law, as under chapter 51 of the Consoiidated Statutes for Lower Canada, saving recourse for any indemnity determined by the valua- tors of the municipality, wherein such land is situa- ted, in confbrmity with the rules ^escribed in .articles 902 and following of the title on expropriation. 04O. {As substituted by 41 Vic, c. 18, i. 24.) To transfer its rights and powers respecting the supply- ing water to any company, person or firm of persons wlio wish to take charge thereof, provided that such company, person or firm do not exact for the Bup- plying of the water, higher rates thm those fixed and i»f proved of by by-laws of the council ; and the council uiay ta>ke sLock in such company, or lend mone;- to fciich compftny, person or firm of persons. Every by law passed under this article, is subject to the provisions of art. 482. Section V. Public Nuisances. 641. (^.s amended by 46 Vic.., c. 35, s. 18.) To cause the removal of any door-steps, stairs, porches, railings, balconies, buildings or other erections which project beyond the line of the public road, or obstruct public communication, at the expense of the owners or occu- ^ pajits ; and to compel the latter to require the running of the line of the public highway before building. 643- To cause to be pulled down and removed all walls, chimneys or buildings in a state of dilapidation I or decay, c* threatening to fall down ; and to fix at what time, by what means, and at whose expense the same shall be so pulled down or removed. 64;5. To prevent the throwing in to any public road or way, lane or passage, any sweepings, filth, dirty water, or other ordnre ; and order the removal thereof at the expense of the corporation or of those who caused such nuisances. tt44. To compel the O'/ner or occupant of a piece of land bordering upon a road or square, to remove the snow, ice, or filth, from the sidewalk or road I ^ 1 170 MUNICIPAL CODF. fronting such land, even in cases where the road work is at the costs and charges of the corporation ; to remove the snow and ice from the roofs of houses I or other buildings erected on the public road?,; and order the road inspector to cause such nuisance ir be removed, at the expense of the owner or occupant who | refuses or neglects so to do. 6i5. To obviate and pre ent the obstruction of| the side-walks, roads and squares. 040. To regulate the construction of privies andl cellars, and the manner in which they are drained. 647* To prevent the erection of wooden buildings I or fences within the municipality, or in any specified] part of it. 64A. To prevent the erection in the municipality, of manufactories or machinery propelled by steam, to perm*!; them upon certain conditions, or to deterj mine tiio places in the municipality where they raayj be erected. 649. To prevent or regulate the construction ofj slaughttr-houses, gas-works, tanneries, candle or soapl factories, distilleries, and other manufactories whicli| may become public nuisances ; and to cause the re-| moval of slaughter-houses then existing in the muni- cipalities. 650. To prevent any person from carrying, depo- siting or leaving in the municipality, or in the watersl which border upon it, dead bodies or other delete-j rious substances. 051. To oblige the owners or occupants of all grol ceries, cellars, manufactories, tanneries, drains orl other unhealthy and unwholesome places, to keepf them clean and render them wholesome. 653. To compel all owners or occupants of landsj on which there are stagnant waters, to drain or fill] >^J MUNICIPAL CODE. 171 e obstruction o{ ipants of all grol hhem np ; rtrA \n case of neglect or refusal on the p/vrt 01 such p,;'>ijri, to authorize the oiFicers of the coi-po- Iratioii :o uii -ertake such work at their expense. Section VI. Miscellaneous Provisions. «5Sv To prescribe the mode of placing stoves, grates and stove pipes, and making chimneys, fur- naces and ovens ot every description ; and to j-egulate I their use. «54. {As an.cnded by 45 Vic. c. 35, 5. 19.) To oblige lownerc or occupants of houses or other buildings 'to provide themselves with a fixed number of fire buckets, or with any other appr^-atus suitable for preventing accidents by fire ; and to have ladders from the ground to the roofs of their houses, and thence to the top of I the roof. And order that such house or building te not covered with shingles, unless a coat of cemeu or ad- hesive mortar, of at least one-half inch in thickness,. Ibe placed upon the bfiarded roof, underneath the Ishingies, and between both, under a penalty for each Iconlravention of a fine the amt nt of which shdll be jllxed in the said by-law. S55. To prevent any person from entering any cattle shed, stable, pig-sty, barn or out-house with a hght not enclosed in a lantern, or with a lighted cigar lor ipe, or from carrying into the same c*ny lire with- [out proper precaution. 656. {As amended by 41 Vic, c. 18, s. 25). To pre- sent any pers(^ from lignting or having any fire in my out-house, pig-sty, barn, shed or other buildings, junless such fire be placed in a chimney or in a metal jstoye^ connecting with a chimney. I 657. To prevent any person from carrvfng fire in lor through any public road or way, or through any ■garden, yard or field, unless such lire be contained in |a metal vessel. |] ^?'*?' '^^ compel proprietors or occupants of barns, liiay-lofts or other buildings containing combustible or 172 MUNICIPAL CODE. inflammable materials, to keep the doors thereoi closed. 059. To compel the owners or occnpantt of houses | to have their chimneys swept ; to determine the niode| in which such sweeping must be done, and the num- ber of times such chimneys must be swept within a I given period; and appoint the chimney-sweeps to be | employed. 600. To prevent the sale of gunpowder or other | explosive substance after sunset. OOl. To prevent c regulate the construction of| furnaces for making charcoal. m each local municipality, by the mayor or in his I absence, by a person chosen by the meeting. ^ 678. The secretary-treasurer of the local council IS bound to be present as such meeting, with the oii ginal or a certified copy of the valuation roll in fc'ce- and he acts at such meeting as poll clerk. ' r ^7n^.'f.' ^^^l^f^ ^^ ^^ ^^'^•' ^- ^' ^- ^ ; «"^ as amendp^ by 36 Vic, c 21, s. 17, and by 38 Vic, c 25, i/ |35 Vic, c. 21, s. 17, is repealed by 38 Vic, c 25, s. 3). 079. The person presiding at the meeting has no I right to vote thereat. 6S0. Articles 300, 301, 306, 315, 316, 317, 318, 319, 322, 323 and 324, apply also, mutatis mutandis, to a meeting convened for the approval or disapproval of a municipal by-law, to the person who presides at |siich meeting, or to the poll which is held thereat. 681. Every municipal elector, except in the case of article 497, is qualified to vote for or against the by-law submitted. The electors give their vote '' yea" or '-nay;" the word "yea" meaning that they ap- prove of the by-law, and the word " nay " that thjy [disapprove of it. The poll books are kept in the same manner as Ithoso used at an election of municipal couiiciliors, Itxcept in so far as the contrary is prescribed in this Isection. CiH2* At the close of the poll, the presiding ofticer [counts the "yeas" and " nays," and ascertains an! [Certifies according to the poll book, che number of potes giv n for or against the by-law in the mani' i 'palil}. The certificate must also be signed by th'> jpoU .lork,. ilHZ. Ihe poll books and the certiilcalo are depo- : sited in the office of the council which passed the by- •' •, bv the presiding officer at the meeting, vvx jiin orty- ight hours after the close ot the poll V does not nnmil ■' '^''''^ lo the fine imposed by ttie law.— Parent vs 0-> corpoha- ike such reailin,' H^'^^J^'' '-•- l.^ pauoissh: ue, St. Sa-;vi..ur, If Quebe.) Laiv Hep., 258. .. ■^■■ jug ii. 176 MUNICIPAL CODE. 684. If the by-law has been passed by t? e countyl council, the warden, so soon as the poll books anSI certificate have been deposited at the office of the! council, ascertains by each certificate the total nura-f ber of votes given for or against the by-law. 685. In the case of an equal division of votes, the! head of the council which has passed the by-law I gives his vote. 68^. The approval oi* disapproval of the municipal electors, as the case may be, must be established with- out delay by a certificate, signed by the head and by the secretary ti-easurer of the council which passed tlie by-law, Such certificate is submitted to the coun- cil at one of its next sessions. If the council desires to examine the poll books l they must be laid before it at once. H Approval of Section IT. 'eutenant-Governor in Council. 687. Whenever it is presc.ribed that a municipal by-law must be approved of by the lieutenant-gover- nor in council, befo e having force and effect, the secretary- treasurer of the council, after the passing of such by-law, or after it has been approved of by thel Biunicipal electors, if it has been necessary to subiDill it to them, forwards an authentic copy of the by-law to the provincial secretary, together with a certified copy of all documents calculated to convey infomia- tion to the lieutenant-governor upon the fulfilment ofl the provisions of the law, and the utility of the pasj-f iKg of such by-law. 688. The lieutenant-governor may exact from thel council which has passed such by-law, all the dociii ments and information he deems necessarv for assur-l .,■■«., XH^. MUNICIPAL CODE. 177 on of votes, the! ing himself of the utility of the by-law or of any of its provisions. 689. The lieutenant-governor in council must not approve of a municipal by-law until after proof has been made to his satisfaction that the formalities re- quired for the passing of such by-law have been observed. 690. A by-law which, before having force and effect, must be submitted to the municipal electors, and to the lieutenant-governor in council for approval must, in the first instance be submitted to the munici- pal electors, and afterwards to the lieutenant-governor in council, if it has been approved by them. Section III. r in Council. Promulgation of Municipal By-Laws. 691. Municipal by-laws are promulgated on the day of their publication in virtue of the foUowino- article. ° 692. Municipal by-laws are published within fifteen (lays after the passing thereoof, oi of their final appro- val in cases where they may have been submitted for approval to the municipal electors or to the lieute- nant-governor in council, by a public notice mention- ing the object of the by-law, and the date of the pass- ing thereof. ^ Such notice is given under the hand of the secre- 'Ty treasurer, and published in the ordinary manner. •;. the by-law .is approved of by the municipal elec- lors, or by the heutenant-governor in council or Iw any other council, when such approval is required ine notice of publication must also mention that eacli 1 01 tnese formalities has been observed, and the dales I -pon wmch they were complied with. 12 178 MUNICIPAL CODE. of 693« Every mnnicipal by-law must 1^5 read at any place determined on by tne local council, under iirticle 234, if such place has been fixed, on two Sun- days within thirty days following the day on which it was published in virtue of the preceding article, after divine service, if divine service has been per- formed. If it is a by-law of a county council, and if Xhe notice publication has been addressed, under article -235, to the secretary-treasurer of any local municipality, such ofTicer must provide for the by-law being read in the manner required by the preceding provision. The neglect to read such by-law, in conformity with this article does not prevent such by-law from coming into force, but it renders the person whose duty it is to read the same liable to a penalty of not less than ten nor more than twenty dollars. G04. Any council may, moreover, publish its by- laws in one or more newspapers. 605^ Any by-law, passed by a council of a rural mu- nicipality and amended or confirmed in appeal by the county council, must be published by the secretary- treasurer of the local council, within the fifteen days after the transmission, in virtue of article 934, of the decision of the county council, or of the certificate of the secretary-treasurer if that council gave no decision even though such by-law may have been published before the appeal to the county council. 006. A municipal by-law may always be published after the delay prescribed by articles 692 and 695, but only by order of the council. Oi?7. The promulgation of every municipal by-Law is considered to have been sufficiently made, unuil the contrary is alleged, at the expiration of the delay pre- scribed for the publication of such by-law. MUNICIPAL CODE. 179 CHAPTER SEVENTH. ANNULMENT OP MUNICIPAL BY-LAWS. 698. Any municipal elector in his own name, may by a petition presented to the magistrate's court or to the circuit court of the cou: ty or district, demand and obtam, on the ground of illegality, the annulment of atioif^^"^^^^^ ^ ' ^^^^ ^^^^^ against the corpor- 099. The annulment of part only of a hy-Iaw may be demanded and obtained in the same way. rOO. The. petition must set forth in a clear and precise manner, the reasons alleged in support of the flemand and must be accompanied by a certified copy Rallied "^ impugned, if such copy could be ob- If such copy could not be obtained, the court, upon application being made to it to that effect, orders the secretary-treasurer of the council, or any other person in whose custody such by-law may be, to produce such «opy ; and such person in the same manner as the se- €i^tary-treasurer, is for this purpose deemed to be an omcer of the court which gives such order. 701. Such petition must be served at the office of he council which passed the by-la^^ , eight days at least, before it is presented to the court. S.^^Ir I^q rules prescribed by articles 352, 353, 354 o.o, ooo d5«, and 360 apply also mutatis mutandis to thfs^c'ha?er^''^^^"* in virtue of the provisions of bv^fw',- J^^''?''"'^ '^^'^' ^^ '^^ Jndgmdnt, annul such Ein^ ' Y?u^^® Z^'"^ P^'^'^^ or^^i' ^^le service of such n, thl^*^ of .the council interested, and vullSH Trip on-mr> ( /-» K.-> -^ 1-,1;_1 J •■! • . ■, ' " '"-' --^"^^ '^^ -wc yuDubuaa LiLiier in liie manner i. I ■i 180 AIUNICIPAL CODE. prescribed for the publication of orders of the council or in one or more neuspapers. T04. Any by-law or part of a by-law so annulled, ceases to be in lorce from the date of the judgment. TOS* Nevertheless, every tax, contribution, penalty, or obligation imposed by any by-law subject to be an- nulled, and payable before such by-law was set aside, is exigible, notwithstanding the setting aside of such by-law, if the petition on which such by-law was set aside was not presented to the court within three months from the time such by-law came into force. Every loan contracted and every debenture issued in virtue of a by-law liable to be set aside, is valid, and the taxes imposed to pay such loan or such deben- ture, are due and exigible if the petition praying that such by-law be set aside, was presented to the court after tne three months which follow the. coming into force of such by-law. TOG. The corporation, the council whereof passed the by-law so annulled, is alone responsible for the da- mages and rights of action proceeding from the putting into force of such by-law or of such part of a by-law. •707. {As amended by 41 Vic.^ c. 18, s. 26.) Such res ponsibllity is incurred, nevertheless, only in the case wliere the petition for annulment has been served at the office of the council within thirty days after the by-law has come into force. TOS. {As amended by 39 Vic.^ c. 29, s. 2.) The right of demanding the annulment of any by-law, is pres- cribed by thirty days from the date of the coming into force of such by-law. f the council MUNICIPAL CODE. TITLE SECOND. VALUATION OF TAXABLE PROPERTY. 181 CHAPTER FIRST. WHAT PROPERTY IS TAXABLE. 709. AH knds or real estate situated in a local municipalily, except those mentioned in article 712, are taxable property. 710* The following property is taxable in every local municipality in which it is possessed : 1. The yearly salary or income derived from the oflice of every judge or other civil servant appointed by the federal or provincial government ; 2. The annual professional income of every adj^oc- ate, notary, pilot, physician, surgeon, dentist, civil en- gineer, or provincial land-surveyor ; 3. The annual salary of all other persons engaged in another's se1?Vice, and whose salary exceeds four hundred dollars per annum. 71.1. If a rate-payer, who possesses property de- clared to be taxable under the preceding article^" has his domicile in one. local municipality, and his place of business, from which is derived such taxable pi;oper- ty, in another, such property is only taxable in the lo- cal municipality in which is situated his place of busi- nes». 71S. [As amended bu 36 Fie, c. 21, s. 18, and by 41-42 Vic, c. 11, s. 25.) The following property is not taxable : 1. Property belonging to Her Majesty, or held in trust for her use, atd property owned or occupied by bhe corporation of the municipality in which it is sit uated J 182 MUNICIPAL CODE. , 2. f^roperty owned by or occupied for the use of tlie federal or the provincial government: 3. Property belonjrJ ig to Fabviques, or religious charitable, or educatio! al institutions or corporations' or occupied by such Fabriques, institutions or corpora! tions, for the end for which they were established, and not possessed solely by them to derive a revenue therefrom ; 4. Burial-grounds, bishops' palaces, parsonage hou- ses and their dependencies ; 5. All property belonging [r iron or wooden railwav companies, to which a grant irom the provincial gov- ernment has or may be made, for the period of twenty years from the date of the first payment on account of the grant. T13. The occupants of property mentioned in para- graphs 3, 4 and 5 of the preceding article, are never- theless liable for works of repair upon the front roads situated opposite such property in the local municipal- ities wherein such roads are not at the costs and char- ges of the corporation. They are also liable for work on water-courses, clearances, boundary ditches and fences, belonging to such lauds. T14. Grown lands occupied, whether under or without location tickets, are deemed to be taxable pro- perty ; but the municipal taxes for which they are liable, cannot, in any case, be recovered from the crown. •715. (.^5 replaced by 45 Vic, c. 36, s. 6.) The provin- cial rc^gislrar shall transmit, during the course of tho month of January in each year, a list of the public lands, for which letters-patent have been issued du- ring the preceding year to the registrars of the regis- tration divisions and to the secretary- treasurers of the county niunicipalities in which such letters-patent have been so issued. !S the use of tlie rsoiiuM hoii- WUNICIPAL CODE. 1S3 CHAPTER SECOND. MAKING OF THE VALUATION ROLL, 71 CI. {As amended bij 36 fVc, c. '21, a. ..), and by 45 IVr., c. 35, s. W.) Ill the mouths of June and July next after the coming into force of tliis code, and (hereafter triennially in the same months the vahiators of every local municipality, must draw up, either by them- selves or by any other persoi^ employed by them, a Vu'itiation roll based upon the real value of the pro- perty, in which are set forth with care and exactitud(3 all the particulars required by the provisiors of this title. Nevt "theless in the counties of Gasp§ andBonaven- tiire, the valuation roll must be drawn up in the months of February and March. (1) 717. In every local municipality where there is no valuation roll or in which the valuation roll in force has been annulled, the valuators are bound to make one, upon an order of the council within the delay determined by the latter, even if it should not*be the year during which valuation rolls are made in virtue of the preceding article. The valuation roll so made is subject to the examin- ation of the county council and remains in force untU the month of July of the year in which valuation rolls are made in virtue of the preceding article, and subsequently until the coming into force of the new valuation roll. 71S. (As amended by 36 Vic, c. 21, s. 20, by 33 Vic, c. 24, s. 1, by 41-42 Vic, ell, s. 26, and by 45 Vic, c c6, (1) Held:— That the right which a municipal council has of amending a valualion roll, does not imply that of making a new one, and a new one can be made only every three years, — that Iho duty imposed upon municipal corporations of having a valu- ation roll made every three years, does not give them power of making one before the expiration of this delay. — Mohu\.n & al. & poTK & AL., Ill Legal News, p. 224. (Sir A. A. Dorion and Tosiier J , dissenting.) i ^1 |^« imM. IMAGE EVALUATION TEST TARGET (MT-3) LO I.I :!f 1^ 12.0 IL25 III 1.4 2.5 2.2 1.8 1.6 Photographic Sciences Corporation ^S><*' *3^ •^ r^m *-v '*-q « * 1^ '% ^^ 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 873-4503 :/. X? 184 MUNICIPAL CODE. 5. 7.) The valuation rcU must include ail taxable pro- perty in the municipality, and must specify in so many distinct columns and in the following order : 1. The consecutive numbers on the roll; 2. The names and sur-names of the owners of tax- able property if they are known ; 3. The quality and age of such owners ; 4. By whom it is occupied ; 5. The qualities and age of the occupants when they are not the owners ; 6. The indication or designation of the taxable real estate, in the manner prescribed by a resolution of the council ; but for any part of the land cadastrated, it shall be necessary to use the numbers of the cadastre; • 7. The actual value of such real estate, giving sepa- rately the ralue of any part of a lot occupied by any person not being tke owner. (1) 8. Their annual value or rent ; 9. The nature of the property declared taxable by article 7i0 ; 10. The value of such property ; y. The total value of the taxable property of each pel-son including, if necessary, the actual value of tlie (I) Held:— lo That the valuation roll is an authentic docu- nient which makes complete proof of real and annual value of the taxable pi operties of a municipality for all electoral ends.- ?o That it is not allowed, when revising the list, to admit of another value than the one. mentioned on said roll. — 3o That the valuation roll does not prove the quality of propr etor, occupant or tenant, when the list was made.— 4o That the council may, when revising the list, subsdtute to the names of those who where not before that time proprietors, occupants or tenants, thf names of the persons which hare such qualities when the list is made.— GnATTON vs. La Goeiporation du village Ste SceO' LASTiQUE, VII Revue Legale, 35G. MUxNICIPAL CODE. 185 xupants when red taxable by real estate and the value as mentioned in the fore going paragraph ; ^" 12. Ail other information required by the council • ta^ibl^!^y^i[l^lo^}^^ '' '^^ P-P-^^ ^-1-d not )alilv "^^^ number of persons resident in the munici- iJinr^t^^ 38 Vic c.U, s 1 and then replaced by 4d Vic, c.6Q s ,. And all other details prescribed Ly the provincial secretary. IG. Repealed by 38 Vic, c. 24, 5. 1. 17. Repealed by 38 VLc, c. 24, 5. 1. 18. Repealed by 38 Vic, c 24, 5. t 719. The actual value of the taxable real estate mcludes the value of all buildings, factories or ma! chine shops erected thereon and of any imorove ments which have been made thereto, save in so far as IS set lorth in the tv^o following articles. 7ao. (is amended by 41 Vic,c\%,s. 27.) Everv iron milway company or wooden railway comDanv other than those mentioned in the fifth paragraph of article 712 and possessing real estate in a local n>u:ii- cipahty, must transmit to the office of the council of such municipality in the month of May in each year a return showing the actual value of their real estate , in the municipahty other than the road, and also the j actual value of the land occupied by the road esL^ ^S^rSt:^ the average va ae of agricultural Such return must be communicated to the vahiators I By the secretary-treasurer in due time. \J!^h '^^^ valuators in making the valuation of the oil 1 Jr^^/^^ '?i the municipality, must value the Unp ifil.?- ?/ '""^^ company, according to the value [specified in the return given by the company. T22. If such return has not been transmitted in mm^m 186 MUNICIPAL CODE. Ili the time prescribed, the valuation of all the immov- able property belonging to the company is made in the same manner as that of any other rate-payer. 71S3. If the ov;ner of land is unknown, the valua- tors insert the word "unknown" in the col imn of names of owners, opposite the dec ription of sudi land. 724. The lieutenant-governor may, by instructions given to any local council, require the insertion in the valuation roll, of all details and information he may desire respecting the census and statistics of the inha- bitants of the municipality and of their movable and immovable property ; and the valuators are bound to obtain such details and information by every means in their power, and to insert them with accuracy in the valuation roll prepared by them. 725. {As amended by 45 Vic, c. 35, s. 21.) The va- luation roll must be signed by at least two of the va- luators who drew it up or caused it to be drawn up, and by the secretary-treasurer or any other person whom they employed as clerk, and it must be attested by all such persons on oath, taken before a justice of the peace in the following form : We [names of valuators and of the clerk or secretary- treasurer) swear and solemnly afhrm, each and every one of us, that to the best of our knowledge and belief, the foregoing valuation roll is correct and based upon the real and annual value of the property, and that nothing has been unduly or fraudulently omitted or inserted in it : So help us God. 72CS. The valuators must deposit the valuation roll made by them, within the delay fixed for making such roll, ill the ofTice of the council. Such deposit cannot be made after the prescribed delay has expired. 727. If at the expiration of the time prescribed, the valuators have not made and deposited the valua- tion roll in the office of the council, the mayor or the MUNICIPAL CODE. 187 own, the valua- I secretary-treasurer must, without delay, inform the llieutenant-governor of the fact, by letter addressed to- |the provincial secretary. Any rate-payer may, in the same manner, give such linformation to the lieutenant-governor 728. The lieutenant-governor, as soon as such Inegligence or refusal of the valuators has i)een made Iknown to him, appoints three valuators whom he lorders to make a valuation roll and deposit the same at [the office of the council within a delay fixed by him. If such delay be not fixed, these valuators must make and deposit the valuation roll within thr> thirty- lays following the notice of their appointment. 729. The ^'aluators appointed by the lieutenant- governor in v^x'tue of the preceding article, only act in relation to the valuation roll which the valuators in office omitted to make. Such valuators are municipal officers ; and in the bercise of their duties they are invested with the same rights and powers, subject to the same obligations and liable to tlie same penalties for refusal, negligence, de- laiilt or omission as the valuators appointed by the louncil. 7S0. Each of the valuators appointed in virtue of bticle 728, is entitled to an allowance of two dollars [or each day he is employed in valuing taxable pro- perty, and in drawing up the valuation roll. The Imount of such fees is determined and taxed by certi- icate of the mayor, and is recoverable in the manner . prescribed for penalties imposed by the provisions of lliis code, by the valuator entitled thereto, from the Faluators in default, who are jointly and sevei'ally lia- ble for the amount of the same with costs. 731. The lieutenant-governor may, if the valuators' fppointed by him, in virtue of article 728. refuse or 188 MUNICIPAL CODE. neglect to make and deposit the valuation roll within the prescribed delay, replace them by new valuators, and so on until the valuation roll be made and depo- sited in conformity with the provision of this title. 732. So soon as the valuators have deposited the valuation roll in the office of the council, the secretary, treasurer must give public notice thereof. TS3. The three valuators must act together in making the valuation roll. CHAPTER THIRD. EXAMINATION OF THE VALUATION ROLL. 734. {As amended by 41-42 Vic, c. 11, s. 27.) Thel local council must, within thirty days next after the notice given in virtue of article 732, examme and amend the valuation roll deposited by the valuators, even though no petition or complaint has been made in reference thereto, by making the valuation of any taxable property which may have been omitted, and by inserting therein such omitted property witli its value and all other particulars relating thereto required bv article 718, by striking theretrom any propertv erroneously inserted therein; by fixmg at such sum as it think reasonable, any valuation of taxable property which it judges to have been m-ade under or above its true, real or annual value, or m correcting the names of persons entered therein or the description of the lands mentioned therein, or by in- serting therein whatever the valuators have omitted'"' insert. 735. Every person who considers himself wr by the valuation rolj prepared by the valuators, inajj demand that the same be amended in such a mannen as to cause that justice be done to him, either by pr* MUNICIPAL CODE. 189 act together in diici ng an application in writiiif- at the office of the local council upon or befor« the day fixed for the exa- miiwition of the roll by the council, or by stating his complaint verbally before the council at such examin- ation. 730. Before the local council proceeds to the exa- mination and amendment of the valuation roll, it must, bv public notice, iiiform the inhabitants of the munici- pality of the day and houd* of the session at which the same is to be commenced. 737. The council at the time of the examination of Hie valuation roll, must take notice of all complaints lodged at its office or made verbally before it, and hear all parties interested, and i*ie yaluators present, and ■ their witnesses. 73.H. Any amendment made to the valuation roll must be entered upon such roll, or on a paper annexed thereto, with the initials of the secretary-treasurer. A declaration testifying to the accuracy of the amendments and determining the number thereof, to- gether with the time at which they were made, must be entered on the roll or annexed thereto, under the signature of the president and the secretary- treasurer. 739. {As amended by 45 Vm.. c. 36, s. 8.) The miayor and the secretary-treasurer are bound to for- ward to the office of the county council and to the provincial secretary, within ten days after the expi- ration of the thirty days mentioned in article 734, a eertified copy of the valuation roll as it then stands. 740. (As amended by 45 Vic, c. 35, 5. 22.) Every county council must, during the month of September, in the year wherein the new valuation rolls are made in virtue of article 716, or at a subsequent date fixed by the county council or by the warden of the county, special notice to that effect being previouslv given to all the members composing such council, examine all the valuation rolls made in the local municipalities of the county, which have been forwarded to its office, ascer- tain whether the valuation made in each of them bears a just proportion to the valuation made in the others, i90 MUNICIPAL CODE. •i^ 1 ■ and increase or decrease, if necessary, the amount of the valuation entered on the roll of each of such muni- cipalities, by any rate per cent which it deems requi- tsite to establish a just proportion between all the valu- -ation rolls made in the county municipality. Nevertheless, the county council cannot in any way I reduce the total amount oi all the valuation rolls made in the county municipality, and forwarded to its office. The valuation roll so amended serves only for coun.| ty purposes. ■741. When a copy of a new valuation roll is for- warded to the office of the county counoil, after the| examination made in virtue of the preceding article,j the coupty council must, within thirty days there- after, take communication of the new roll, and, if I necessary, proportion the amount of the valuationl thereof to the amount set forth in the rolls of the •other local municipalities of the county, in conformityj with the rule laid down in the preceding article, withf •out, however, diroiiiishing or increasing the severall amounts of the valuation rolls in force in the other| municipalities. T^LS. Every valuation roll comes into force -amended, if it has been amended within the time pre-l -scribed, notwithstanding any appeal pending before! the county council, in virtue of article 927, for local purposes, from the expiration of the thirty dayG menl tioned in article 734, and for county purposes, fromj the expiration of the delay during which the countf] •council could take communication thereof. The default of the county council to comply wiliil the provisions of articles 740 and 741 , does not pre-l vent the valuation rolls from coming into force fori xounty purposes. 743. {As amended by 35 Vic.^ c. 8, s. 4.) It remalDi] in force until a new valuation roll, made in accordaudl MUNICIPAL CODE. 191 with the provisions of this title, comes into effect : and during such time it serves as a basis for all taxes, rates, apportionments in money, labor, or mate- rials imposed in virtue of municipal by-laws, proces- verbaux, or acts of apportionment, as well as for any real property qualification, excepting that of local councillor, and for the payment of all municipal debts, except in special cases otherwise provided Dy the provisions of the code. (1) CHAPTER FOURTH. GENERAL PROVISIONS. 744. (Repealed by 35 Vic, c. 8, s. 12.) 745. The owners or occupants of taxable real es- tate, or of property declared taxable by article. 710, I) Held :— That according to the electoral act of 1875, lo The valuation roll is conclusive as regards the value of the property • 2o No person can be on the list of voters if he is not on the roll ' 3o That all persons who appear qualified by the roll must be on the list, except in cases of personal disqualification which can- not appear on the roll. I The municipal code teaches the manner of attacking the valu- lation roll ; and in a collateral proceeding, as the contestation of I electoral lists, a n ,v contestation cannot be raised on what has been finally decided touching such roll. I The secretary-treasurer has no right to correct the valuation Iroll. This roll is his only guide; The date of the qualification of a voter is that of the list, and lit IS when the list is being made by the secretary-treasurer that Itne qualification must exist and appear in the roll. I A and B possess jointly and by equal shares a property valued |by the roll to $200 or $300, neither one nor the other ought to |De put on the list. In the same way, if A and B are both and pually tenants of a property for which they pay annually, accord- Png to the roll, $20. or $30., neither one nor the other can be •placed on the list. In the first case, to allow both to vote, the property should he valued at $400 at least. In the second case, to give a vote to both, the rent must be of at least $40. But if A and B possess together a property of f Juu but A for one third and B for two thirds, B will vote but not A. The same rule will apply to rents. In re Les listes FLECTORALES Du comtI; de Kamouraska, III Quebec Law Rep 308 ? ^^'Hlpi r 192 MUNICIPAL CODE. M'i! ■^\ W4 ■Ui are bound, in so far as it lies xn their power to give 'aU the information applied for by the valuators, and ?o answer truly the questions put to them by the valu- ators rllative tc the value of their properties, and upon ?heir i^fusal to give such information or to answer such auestions truly, such owners or occupants incur a penalty of not less than five or more than eight "^""Tie. (As amended by 45 Vic, c 35, * 23.) After every chancre of owner or occupant of any land set forth in ?he valuation roll in force, the local council, on a written petition to that end, and after suf!icient proof, Ihal erase the name of the former owner or occu- Ini and inscribe on such roll the name of the new C as well as the name of every tenant of any lot, appearing in the valuation roll. 746«■• ^'"'^l ^°»13 »' 2. Eve.t municipal road or every part thereof Ivino between -wo local municipalitir " or nartlv n o^p S'-TnS'f/f "{.^'"1 P"^^y « anothe^^'^a ouSty ™S Zh' '.rT?.' '° "^ "° know andtorgo'v"; SamhoSyVtW^codl''^"*^^^'-^ P''°"'^«'l -0C Law Rep., p. 313. /1\ Held-— 10 That the declaration authorized by art. Ml M^C tSmake county road a local road, or vice^versa, muM \i-L>!o/nnrtM art 761 only in the municipalities interested!) Se SS^^^^^^^ designation of the taxable r. *-^..rfi „ ''Zn.i^^^hal bv rearing to the successive numbe«| SVhevalulitlonVolf indicating such'real estate is iegai ana reF lar -McBviLLA vs la Corporation du comt6 de Bagot, Viij Revne Ugale, 360. if MLNIGIPAL CODE. 19' jsolution or in control of the lORPORATIOK OF Iffi county corporations which it represents be for the future a county road under the exclusive control of ono only of such county corporations, or a local road under the control of the corporation of the local mu- nicipality in which it lies or which it divides fro'm another municipality. 760. From the date of any declaration made under either of the two preceding articles, the work to be perforined on any road, with respect to which the resolution has been passed, is either at the sole charge of the rate-payers of the municipality or municipa- lities, whereof the corporations have the control of the road, and who are liable for such work by the proceS'Verbaux^ or by law, or at the sole charge of the corporation as the case may be. 761. The declaration mentioned in articles 758 and 759, cannot be made until after a public notice to that end has been given, and they must be published immediately after the passing thereof. (1) 762. The powers conferred by articles 758 ^nd 759, on the county council and the board of delegates, may be also exercised by them in regard of any road to be made, in the same manner as for roads already made. (2) (1) Held : — That tho declaration authorized by art. 758 of ,the municipal code to malce county road a iootel «oad, or vice-versa, must be published under art. 761 only in the municipalities interested by the procds-verbal. That a designation of the taxable real estate in a proces-ver- bal referring to the successive numbers of the valuation roll indi- cating such real estate is legal and regular. — McEvilla vs la CoHPOR/.TiON Du GOMTE DE Bagot, VII Reoue Legale, 360. (2| Held :— That the road in question in this cause, being a local rnnd- had nnt Haah ]ncra\\v AQtnhliohoM hxr tha nnt\ni,r council. That the order of the county council that the road in question ' ■ I " ,1' ' ■ II'- 1 1 1 '• 1 '. m ^^ '■ !•* 198 MUNICIPAL CODE. 1" 1 ;:^ '' • i i TeSc. (i4c?rf5d 6y 36 Vic. e. 21, s. 21.) Any by-law or proces-verbal made to close a road leading into or from any neighboring local municipality, or for di- verting such road at a point where it leads into or from such municipality, nas no force or effect until approved of by a resolution of the county council, carried in the affirmative by two-thirds of the mem- bers composing such council. If the neighboring local municipality forms part of another county municipality, the by-law or proces- verbal must be approved of by a resolution of the board of delegates of such county municipalities, car ried in the affirmative by two-thirds of the members composing the board of delegates. 763. All county or local municipal roads are either front roads or by-roads. Front roads are those whose general course is across the lots in any range, and which do not lead from ooe range to another in front or in rear thereof. All other municipal roads are by-roads. TO^. A front road passing between two ranges is the front road of both ranges, unless such road be by resolution of the council, or of the board of delegates, under whose jurisdiction it is situate, declared to be the front road of one of such ranges. TOS. The front road of a lot includes every por- tion of such road which crosses such lot throughout should be a local work, is inoperative, for want of the notice and publication required by law. That oven if the said road had been legally established the local council could not be ordered to make it within three months, under a penalty of $1000, as was done by the judgment under review. Thai tjie proces-verbal was, as to certain parlicuiais, too vagUv to admit of its being inforced by a mandamus. — Bothwell vs GOBPORATION OF WEST WlCKHAM, XXIY L. G. J,, 45 ,■ 'I . MUNICIPAL CODE. 199 roads are either it of the notice and its breadth, or upon which such lot borders at one or other of its extremities. Whenever a road is the front road of two rane-es, the exact half of such road adjacent to each lot, is the front road of such lot. Roads in village municipalities are front roads unless otherwise ordered by the council. 766. Any proces-verbal, or any by-law respecting municipal roads, may declare that any new road, or any road already designated or recognized as a by- road, be for the future a front road, or that any new- road, or any road already designated or recognized as a front road, be for the future a front road. Every declaration constituting any road whatsoever a front road must, at the same time, set forth the land of which such road is the front road. 767. Every village council owns the land acquired or reserved for streets and squares, and may, on open- ingiipsuch streets, deviate from the plan, by givinff the land marked out in such plan in compensation for that which has been in its place, the provisions of title eight of the book to the contrary notwithstanding 768. Every front road must be at least thirty-six leet, and every by-road at least twenty-six feet, French measure, m width, between the fences on each side I thereof. 769. The roads may be wider than this article prescribes, if it is so ordered by the acts which govern . Municipal roads, existing at the time of the coming nto lorce of this code, may retain the breadth which jincy have at such time, allhoueh such hrpadth ^-^ l^^^s hhan that required by the law under which ^uch roads were estabUshed. IP! 1" f^r, '■r ': 200 MUNICIPAL CODE. 770. Every front road which is declared to be a by- road or every by-road v^rhich is declared to be a front road' may retain its original width, if previous to such declaration it possessed the width required by l£»W. 7V1- Every road must have, if it require it, on each side thereof, a ditch properly constructed and having sufficient width and fall to carry off the water of the road and of the adjoining lands, and as many small drains as are necessary, communicating from one ditch to the other. 772- If, in order to convey the water from off any road, it is necessary to make any water-course upon the lands bordering upon such road, such water- course is regulated by a proces-verbal drawn up in accordance with the provisions of article 884, and is constructed and kept in repair either by the persons liable for road work upon such road, or at their ex- pense, or by the owners or occupants of the lands, the waters whereof pass off Or should pass off by such water-course, according as it is provided in the proces- verbal. 773. Ditches, small drains and bridges of less than eight feet spari^form part of the municipal roads on which they are situated. Pits, p.-ecipices, deep waters and other dangerous places, which must be filled up or protected m such a manner as to prevetit accidents, form also part of the roads on which they are situated. 774. The fences which separate any front road from any land are at the costs and charges of the owner or occupant of such land, when the same are| necessary. 775. (As amended by 41-42 Vic, c. 10, s. 30.) Upon any road' which runs along the line ot any land, one-j MUNICIPAL CODE. 201 half of the fence which separates such road from the land, forms part of the work to be done upoQ such road. But if a by-road divides a piece of land into two portions, the owner of such piece of land is not oblig- ed to put up more fences along such by-road than he was before the establishment thereof. The remainder of the fencing forms part of the work on the by-road. The portions of the fences to be made on such by- roads in default of provision therefor in any proces- verbal or by-law, as the case may be, are determined by the road inspector, in such a manner that the posi- tion of the neighboring proprietor be not more onerous than it was before the establishment of the road. TYB. Every fence required on any municipal road must be well made, and kept in good order according to law. 777. Fords form part of the municipal roads with which they are connected. If a ford unites two dif- ferent roads, one half of the ford forms part of the road to which it is adjacent. They must be marked out with guide poles, and kept at all times free from loose stones and other im- pediments ; and the bottom thereof must be kept as smooth and even as practicable. 778. Noxious weeds, such as daisies, thistles, wild endive, chicory, celandine and plants considered as such, which grow upon municipal roads, must be cut down and destroyed between the twentieth day of June and the first day of August in each year, by the persons who are bound io keep the roads upon which they are found in repair. 779. The work, ordered by the law, and by pro- ces-verbal or by-law as the case may^be, necessary for ill 202 MUNICIPAL CODE. ,i.i 1iil mu -i3 constructing, improving and keeping in repair any municipal road is performed : 1. Either by the persons who are liable therefor, under the proces-verbaux or the by-laws which regu- late such road, or in default of proces-verbava^ or by- laws' under the provisions of the law ; 2. Or, by the corporation of the local municipality, if a by-law has been passed in virtue of article 535, or in any other case in which it is laid down in the by-law which orders such work, and that the same must be performed by the corporation. TSO. Grown lands are not subject to contribute work upon municipal roads ; and the front roads of such lands are made and maintained as by-roads. Nevertheless, the occupants of crown lands,whether under or without location tickets, are liable for the work on front roads or by-roads which appertain to such lands, in the same manner as a proprietor of any other land. 781. Whenever any lot or piece of land has been divided between several owners or occupants, after the passing of a by-law or the completion of a prochs- verbal, in virtue of which such lot or place of land is liable for work upon any municipal road, all the owners or occupants of the lot or piece of land so divided are jointly and severally liable, saving to each his recourse againsu the others in proportion to the value of the land occupied, for the works ordered by the proces-verbal or by-law, until otherwise regulated j by a subsequent proces-verbal or by-law, according as such works are regulated by proces-verbal or by by-law. •782. No rale-payer, of any local municipality, is neighboring local municipality, unless such road he a county road. . i:^-^ MUNICIPAL CODE. 205 in repair any niinicipality, is such road be a 783. (^5 replaced by 45 Vic, c. 35, s. 24.) The work* on any by-road, to be performed by the labor of the persons liable for such works, are divided in propor- tion to the value of the land by reason whereof such [persons are liable for the road. 784. All works upon municipal roads are executed in ttie manner prescribed by the provisions of this. code, and by the proces-verbaux, or by the by-laws or I orders of the council, respecting the same. (1) 785. All works ordered to be done upon county I or local roads and upon side-walks, are executed either under the superintendence and control of the inspector of the road division in which such roads or side- walk* are situated, or under the superintendence and control of a special oflScer appointed for such purpose, by hmes-verbal or otherwise, by the council or by the board of delegates having the control of such roads or I side-walks. Such special officer is invested with the same autho- rity, subject to the same obligations, and hable to the same penalties, as the road inspectors, in regard of the- I road or side-walk work for which he is appointed. 786. The work of building, improving, or keeping mimicipal roads in repair, may be performed by con- tract, awarded and entered into, in accordance with. the rules laid down in articles 892 to 901, both inclu- sive, if it is so ordered by the proces-verbaux or by the. [by-laws, which regulate the same, or by the council. 787. Repairs made on municipal roads at the ex- pense of the corporation, may be given and awarded. (1) Held :— That a municipal corporation is bound to indem- jMy for all damages resulting from the bad condition of its roads. j^ALOET vs LA Corporation du township de Chester Ouest. I mvue Legale, 75. ■J '\ ,1 t I- il' •:,' f 204 MUNICIPAL CODE. in the manner and at the time prescribed in article828. 788. Every municipal road must be at all times kept in good order, free from holes, cavities, ruts,slopes, stones, incumbrances, or impediments whatsoever, with hand-rails at dangerous places, in such a manner as to permit of tke free passage of vehicles of every description, both by day and night, except in the case of article 389. The side- walks must be also kept in good repair, free from all obstacles and impediments whatsoever, with hand-rails at dangerous places. 789. {As amended by 39 Vic, c. 29, s. 10.) Every person bound to supply materials or perform work upon munieipal roads, or upon side-walks, is in default to fulfil such obligations, from the time when the by- law, resolutions, proces-verbaux^ or acts of apportion- ment, prescribing the performance of such work or the supplying of such materials, come into force, without any special or public notice being requisite, except in the case of work to be performed in common. Persons liable to perform work required by the pro- visions of the law, are always in default to perform such work. TOO« If the work has been given out by contract, the contractor is liable to the same obhgations and penalties as the persons or corporations liable for the work for \>^hich he has contracted, and he is their su- rety for all damages, penalties and costs, which they may be called upon to pay, in default of the work being executed. 7»1. Every person bound to perform, on municipal roads or side-walks, work required by the provisions of the law, and of the proces-verbaux, or by-laws which regulate such roads or side-walks, is responsible for all damages resulting from the non-execution of such work in favor of the parties interested, or of the corporation, or of any municipal officer, when such damages have been exacted from them, and is further, liable to a rspnalty of from one to four dollars for each day that fie refuses or neglects to perform such work. I li :■■'<• ; « « ; MUNICIPAL CODE. 1205 702. Every person who, without reason or author- ity, cuts, mutilates, or injures any trees planted or preserved for ornament on any municipal road, or any posts, inscriptions, work&, or articles forming part of, or connected with any muni^pal road, is responsible for all damages occasioned thereby, and further incurs a penalty of not less than two nor more than five dollars. 703. {As amended by 45 Vic^ c. 35, s. '2Q.) Every corporation is bound to maintain the roads and side- walks under its control, in the condition required by law, by the proces-verbaux and by the by-laws, which regulate them, under a penalty not exceeding twentf^ dollars for each infraction thereof. Such corporation is further responsible for all dama- ges resulting from the non-execution of such proces- vf-rbaux^ by-laws or provisions of law, saving its re:;ourse against the officers or rate-payers in default. If the road is under the control of several county corporations, such corporations are jointly and several- ly bound to maintain such road in the required condi- tion, under Ike same penalty and respohsibilily. (1) But no such suit shall be taken against any such corporation, without at least ten days'eotice of such suit being given in writing to the secretary-treasurer of the corporation. If the suit is taken in the name of a person who is not a latepayer of the municipality he shall deposit the sum of ten dollars with the clerk of the court on the issue of the summons to guarantee costs. (t) Held: — lo. That accorclmg to art. 793, a municipal corpor- ation is liable to a fine if il neglects to have the roads and bridges kept in the atate of repairs required by law, or by by-laws, or by proces-verbaux ; — 2o That this obligation imposed by art, 793, M. C. is a duty of inspection and is not limited to the case where a by-law has been made according to art. 535 ; — 3o. That when a bridge built by the government on a river situate in tne muni- cipality, has been carried away by the waters, the corporation is not liable to a line for not having rebuilt it ; — \o. Semble that if liie bridge had been built in virtue of a resolution of the munici- pal authorities, and when built, had been destroyed, the corpor- ulion • 'lid be guilty of negligence m not rebuilding it. -flhcnfeRK J06 MUNICIPAL CODE. Ill 1»> 4 "* , '. , . -''! : III 1^1 x^:- V"' ■^ 794. (i45 amended by 36 Fic. c. 21, s. 24.) Every local council, whenever a by-law or resolution is pas- seel in virtue of articles 526 or 527, or every municipal council, whenever a petition has be^n laid before it by! one or more persons interested in the construction opening, widening, alteration, divergence, or keeping in repair of any road which either is or ought to be under its control, praying that the work be performMi upon such road, be settled and determined, must, with- out delay : 1. Call together, at one of its sittings, by public no- lice, the rate-payers interested in the projected work,, and if, after giving them a hearing, the council is of opinion that such work should be performed, make a| by-law to settle, determine and anportion the work on such road ; or 2. Appoint, without delay, a special superintendent, whose duty it shall be to visit the places mentioned in the by-law, resolution, or to report to the council and to vs. La Corporation do Township de Ghertsey, V Revue Ugokl '285. Held :-That in a suit for a penalty against a corporation for having neglected to repair the roads, it is not necessary to allege in the declaration that the roads in question are situated in the munici. pality of the parish and under the control of the defendant, when the plaintiff indicates in what pariah is situated the portion of the road he alleges to have been in bad order. — That mu- nieipal corporations are liable to the fine imposed by art. 793, M. , C, for the bad state in which is a municipal road of which the repair belongs to the rate-payers, even in the absence of the re- port of the inspector required by art. 399, M. G. and of the by-law required by art. 535, and thLt il is not necessary that an action for ^« recovery of the fine be directed against the proprietor .—PABi | «». La Gorporation de St. Glement, V Rgvue Legale, 428. It is the duty of municipal corporations to keep, or cause to m kept in repair all local roads subject to their control, including: roads leading to and established for the benefit of the inhabitanul of another municipality ; and by-roads to be kept in repair by tiiej inhabitants of the range to which they lead from any other range,' are the by-roads leading irom one range to another w the sam\ municipality.— DvBOis vs. The ^orpotiation of Ste. Croix,! Quebec Law Rep., p. 313. ^ MUNICIPAL CODE. 207 ;l,s. 24.) Every! •eaolution is pas- every municipal I I laid before it Dy the construction ence, or keeping I or ought to be irk be perform^ j ined, must, with- j [S, by public no projected work,! he council is of 'formed, make a ion the work on H'^kVPu^ ^''^"^^T^^"' ^^ "®cessary, within the delay I which the council shall fix. (1) ^ 795. Any rate-payer may be made liable for anv work on a front road or by-road, by a proces-verbal ov a by-law made under and by virtue of the article 794 in proportion to the p operty he holds or occupies, sub! Meet nevertheless to the proviso contained in the article CHAPTER SECOND. I MODE OP DRAWING UP A proch - Verbal AND THE ACT OF ' APPORTIONMENT WHICH RELATES THERETO. . superintendent, , ;es mentioned in he council and to Section L Of the Proces-VerbaL ^r n r. , — V, 7^^%'^^® spcclal Superintendent must convene, 5Ey,V Revue Legak^hld. and preside over a public meeting of the rate! jpayers interested in the proposed work, on the dav, and at the hour and place, which he has fixed, and jwhereof he has given public notice. (1) Held :— That in the case of a petition from the rale-Dave«^ mfn^r '^P^i'*y'P'^yJ°^ ^°^ '^« ^^t^°^ ^^^^^ council touchffihl nom nation of a superintendent to make report on the openinVor SaTnf'r'' ?''' ^^°,i^*^^ ^PP«^' from the' de'ciS of fc drmlf hp th^^*^^^^^^ ^^^^'^ Respondents by the Municipal L ;o7 .h« 1 *^^ Petitioners named at the foot of the petition, CeHn endpm ^rn^*'^'' "^^^ ^'^ its council has appointed the b Cr?nnv ^?D'''^°''^r^^^ PaROISSE DE St. ALEXANDRE l" Maillodx, VII Revue Legale, 417. iu7P*V^'!|P"?"'''i"°" °^ t^^ "^"ces of the meeting by the mSl ^Kh "^^M^""*^ V"der art. 794 should be attested by a cer- CLtnIt °^*^' either written on the original notice or [innexed to it, and paral proof at the trial is not sfiffinifinf _p..«^_ P'^xmLc7'^mTd' ""^ ""^^ ^'"''''''' °^ Ghateadguay ;« )rporation for having iry to allege in th« iiated in the municl. )1 of the defendant, ; situated the portion order. — That mu- osed by art. 793, M, road of which the e absence of the re- G. and of the by-lav iry that an action for le proprietor .—Piai me Legale, 428. keep, or cause to iM r control, including Pit of the inhabitants kept in repair by th» •om any other range. nother w the sam N OF Ste. Croix, I ■i! 208 liUNlCn>AL CODE. • ■ ^ ^^H-. ^^B. ' ::--.^ :.'-; !; B;^ ; H ' B.'^ ^ ^■' '( ■ ■ t ■ > ■ ^3 i' r'. . "m ' .1 ;.y-\ J' i:rj >'';^. ' ' 5 ■ , !': ^' m V ':'l''r' : , , '^l- Silf ."J ^^^fc 1^.-,K ■ 1 h'^i ;■ Every rate-payer interested and present at such mv?eting is entitled to be lieard. •y»7. If the special superintendent is of opinion that the work in question should not be undertakpii, he mentions in his report the reasons for such opuiiou. If on the contrary, he is of opinion that such work should be performed, he draws u^ii proc^s-verbal lu accordance with the provisions jf this section. •798. The council, at the expiration of the delay within which such report should be made, in the event of its not having been made, or after having received the report of the special superiiUenden whenever the latter is of opinion that the work should not be undertaken, may either provide such officer with new instructions and order him to prepare, within a fixed delay, a prvces-verbal in accordance with the provisions of this section, or appoint another special superintendent in his stead. I TOO. Every proch-verbal must indicate : 1. The situation and description of the work toj which it rr'ates; 2. The work to be performed and the delay within which it must be performed ; 3 The taxable property of the ownprs or occnpnnts bound tc :?T}orm work or to contribute to Us per- formance ; I 4 The proportion of work to be performed by eac rate-Daver; if the nature of the work admits of it, whenever' the work must be done by ^e rate-payer, themselves ; j 5. The person, under whose superintendence siiclil work must be executed. AOO. If a front road is in question, and if all m work upon such road be imposed upon the owners or MUNICIPAL CODl. 209 resent at such the delay within irintendeuce siicli| occupants of the lots fronting on such road, the indi- cation of such lots in the proc^s-verbal is not required. SOI. If any front road is in question, and that owing to peculiar circumstances, the work to be done upon such road by any owner or occupant, exceeds by more than one-half, the average of the work to be done upon the same road by owners of lands of equal value, such owner or occupant, may be, in and by the proces-verbal^ exempted from a part of the work upon or of the cost of such road ; and such part of the road, described in the proces-verbal is considered as a by- road. 802. It may be further ordered by any proch' verbal : 1. That every bridge or other work forming part of the works upon a road, be constructed of stone, brick or other material, of certain dimensions, and accord- ing to plans and specifications annexed to the proces- verbal^ and which may be amended by the proper council or board of delegates ; 2. That fences, hand-rails and other protections be placed at the side of any road where it passes near or borders upon any precipice, ravine, or other dangerous place ; 3. That any part of a road through a swamp, or wet ground be made in whole or in part with fascines or pieces of square timber, according to the mode of con- struction determined upon ; 4. That any road be or be not raised in the middle , 5. That any specified kind of materials be or be not used in making or repairing such work ; 6. That, if a road pass through uncleared land, the limber on each side of the road be cut down by the owner or occupant of such land or by the persons ijuund to perform the road work, for the space of twenty feet from each fence, unless such trees are 14 m. 210 MUNICIPAL CODE. fruit trees, or maple or plane trees forming part of a maple grove, or are reserved for ornament to a pro- perty ; 7. That the work be performable from the date of the coming into force of such proces-verbal^ without it being necessary to draw up a deed of apportionment; 8. That works of building or repairing be not per- formed by the rate-payers themselves, but be done by contract at their expense, and that for such purpose they be, after public notice, adjudged publicly at auc- tion to the last and lowest bidder offering sufficient security for the execution of the same. 803. Every proces-verbal may in addition deter- mine the general mode of constructing or repairing the road and works connected therewith. 80-4. The special superintendent must deposit the proces-verbal and report drawn up by him, in the office of the council by which he was appointed, within the delay fixed by article 794, or by the coun- cil in the case of article 798. 805. {As amended by 36 Ftc, c. 21, s. 25.) If it ap- pears to the secretary-treasurer of the council, at the office of which sucli proces-verbal and report have been deposited, that the work to be performed is work falling within the jurisdiction of another council, he must transmit without delay, the proces-verbal and all the proceedings connected nerewith, to the office of the council to which they belong, for examination and homologation by such council, or by the board of delegates as the case may be. If the work in question comes under the jurisdic- tion of more than one county corporation, the prom- verbal and proceedings connected therewith, must be transmitted to the office of the council of the county municipality in which the work was originally pro- posed, to be afterwards submitted to the board of dele- gates of the counties interested. MUNICIPAL CODE. 211 il addition deter- 806- {As amended by 36 Vic, c. 21, s, 26.) The Icouncil or the board of delegates concerned, may, at any time, after the deposit of the proces-verbal has I been made at the office of the council under either of the two preceding articles, homologate such proces- verbal, with or without amendments, or reject the I same, provided that public notice has been given by the secretary-treasurer of the council or by the secre- tary of the board of delegates, to the parties inter- I ested, of the time and place at which the examination I of such proces-verbal is to commence. Every person interested is entitled to be heard by I the council or by the board of delegates, at the time [appointed for the consideration of such proces-verbal. SOT. The municipal council or the board of dele- Igates in any decision on the merits of a proces-verbal, may tax the costs of the proceedings, and cause them to be paid by the parties interested, by the corpora- [tion, or by any other person in its discretion. In the absence of a decision by the council or by I the board of delegates, the costs incurred may be recovered from the corporation, under the direction of which thu special superintendent acted, saving its recourse against the petitioners v/ho demanded the [proces-verbal. In case of refusal, such costs may be recovered in [the same manner as penalties imposed by the provi- Isions of this code. 808. The secretary-treasurer of the council or the Isecretary of the board of delegates is bound without [delay to give public notice of the homologation of any mces-verbal made under the provisions of this section. 809. Every proces-verbal comes into force at the ex- |piration of the fifteen days which follow the public no- Vice given, in virtue of the preceding arlicie, unless an [appeal has been taken in which case the proces-verbal Pi 212 MUNICIPAL CODE. ,<{ ■1 • ! 'i comes into force from the date of the final decision of the county council, or of the court before which the | appeal has been brought. S09a. {Added by 41 Vic, c. 18, 5. 28.) If the work op I works ordered to be performed by proch-verbal or by a by-law in force, become demolished, ruinous or likely to fall from old age, they may be repaired or rebuilt imder such proces-verbal or by-law, by observing the formalities prescribed therein or with modifications | made by the council if it has amended such proch- verbal or by-law. However, the rebuilding or repairing of such work or works can only be ordered by the council, on the report of an officer of the municipality, establishing | that it is necessary to perform such work. 810. (As arrmded by 39 Vic, c 29, s. II). Every I proces-verbal in force, may at any time, be amended or i*epealed by amother proces-verbal drawn up in the same manner, on petition by the parties interested or under | order of the council. 810a. {Added by 41 Vic, c 18, s. 29 and as amenddl by 45 Vic, c.35, s. 27.) Every proces-verbal in force may. at any time, be amended by the council, by by-law,on petition of one or more interested parties or o?^ the| order of the council, provided that public notice bei given by tlj» secretary-treasurer of the council or by the secretary of the board of delegates, to the parties i interested, of the place where, and the time when tlie| examination of the proces-verbal shall be begun. 811. Any person may be declared liable for work upon any front road or by-road, under any prom verbal, by reason of the taxable property which he owns or occupies, subject to the application of article 782. .<-» — f& Ti»ii «-.. i._ij .^-,1. j:»_^^».-....UViilipi Si;<»* 11 i'iii proves utTC/ai uuus nut ui3[!Cii3c wm making, of an act of apportionment, the work requm 4\ MUNICIPAL CODE. 213 by such proces-verbal need not be performed by the rate-payers, until an act of apportionment has been drawn up and comes into force. 813. A copy of any proces-verbal homologated by a county council or a board of delegates, must be I transmitted without delay to the office of the council I of each local municipality, in which the road, govern- ed by such proces-verbal^ is situated either in whole or in part. Section II. Of the Act of Apportionment. 814. Within thirty days next after the coming into force of any proces-verbal^ the special superinten- dent must draw up and file at the office of the council in which the proces-verbal is deposited, an act of apportionment of the work to be done under such \poces-verbal., unless an express provision of the prcces- I verbal dispenses with the same. 815. Every act of apportionment must indicate : 1. The work and the proces-verbal to which it I relates; 2. The work to be done ; 3 The taxable property, by the owners or occupants I of which such work must be executed ; 4. The proportion of the work which must be done |by each of them; 5. The amount of the contribution which must be I given by them in money, labor or materials ; 6. The place and time in which, and the officers to I whom such contribution must be deli\ered. 816. If the special superintendent has not drawn i up and filed the act of apportionment within the delay 'tyB , ill ''^m ' ^m 1% fl > -« ^H -I'las' i68 T "51 Hi ■^r^l iN ' -l 214 MUNICIPAL CODE. prescribed by article 814, the bouncil, in the office of which such act should have been filed, may order such special superintendent or any other person to draw up or file the same within the fixed delay. 816a. {Added by 41 Vic, c. 18, s. 30.) Whenever the council shall so order, anew act of apportionment may be made of the works ordered under an old prom- verbal, if the repair or rebuilding ordered by such proces-verbal, is in question. 817. That act of apportionment comes into force fifteen days after it has been filed in the office of the council provided that public notice of the fihng thereof has been given within such delay. 818. Every act of apportionment is annexed to the pivces-verbal to which it relates. In the case of article 813, a copy thereof must be transmitted without delay to the office of the council of each local municipality, in which the road is situ-i ated either in whole or in part. 819. The council, in the office whereof an act of apportionment is filed may amend such act on the pe- tition of any rate payer or road officer, after having | given public notice to the parities interested, of the place, day and hour in which the consideration of the petition and the amendment of the act of apportionment are to be proceeded with, and after having heard any interested party who desires to be heard. Every amendment to an act of apportionment comes into force fifteen days after the passing thereof, except | in the case of an appeal, in which case the act of ap ]iortionment comes into force from the date of the final decision of the county council or of the court before i which the appeal has been brought. 820. No provision of any act of apportionment can be inconsistent with those of the proces-verbal to whicli \t relates. municipal code. 215 Section 111. General Provisions. 821. The contribution of each person liable for work on roads, in virtue of any proces-verbal or act of apportionment, is based upon the value of the taxable property, by reason of w^hich he is liable therefor, as fixed by the valuation roll in force, if there is one, and if there is not, then, according to the valuation made by the special superintendent himself, saving the case mentioned in article 783. ij., annexed to the CHAPTER THIRD. OP PERSONS LIABLE FOR V^ORK ON ROADS IN THE ABSENCE OF A PROGES-VERBAL OR BY-LAW. Section I. General Provisions. 822. The provisions of this chapter are only appli- cable when there is no proces-verbal or by-law estab- lishing by whom the work on municipal roads must be performed. (1) 823. The burden of proving that any municipal road is not subject to the provisions of this chapter, is always upon the party claiming the exemption. (I) An indictment will lie against the corporation of a rural municipality for non-repair of a highway, although it is a front road of which each proprietor is bound to repair his frontage. In such case where the corporation, after conviction, causes the road tc) be repaired, a merely nominal tine will be imposed and costs will not be awarded in favor of the private prosecutor. — The QtKKN vs. The Corporation of the Parish of St. Sauveur of QuKDEG, III Quebec Law Rep., 283. ) ^ 216 MUNICIPAL CODE. Section II. Of Front Boads. 824* The front road of each lot is kept in repair by the owner or occupant of such lot. If a lot is possessed or occupied in portions, by two or more persons, such owner or occupants are jointly and severally liable for the work to be done on the whole of the front road of such lot, even in the case when the part of the lot possessed ur occupied by them does not border upon the road, saving their recourse against each other in proportion to the value of the land occupied by each of them. 825. No one is bound to keep in repair on one and the same parcel of land, in a depth of thirty arpents, more than one front road governed by the provisions of this chapter. If there be more than one front road on any piece of land of such depth, to be kept in repair, in accordance with the provisions of this chapter, the council must declare which of such roads is to be kept in repair by the proprietor or occupant of the lot ; and the other front roads are treated as by-roads. In default of such declaration, the proprietor or occu- pant is only liable for work upon the road in nearest proximity to his residence. Section III. Of By~Roads. S26. The work of keeping by-roads leading from one range to another in repair, is performed by the proprietors or occupants of the taxable property in the range to which such by-roads lead from any older range. 827. Repairs to be done on such by-roads are not performed by the labor of the parties bound to maintain MUNICIPAL CODE. 217 ipt in repair by the same, but by contribution, in money le^ei by the road inspector, on the taxable property by reason whereof such parties are liable for such repairs, by means of an act of apportionment made by such officer, according to the rule prescribed by article 821 and approved by resolution of the council. 828- {As amended by ^\ Fie, c. 18,. s. 31.) Such work, every year, is publicly given out by the inspector of roads, after public notice, to the lowest tenderer, during the month of October for the period included between the first day of November, and the thirtieth day of April inclusively, and in the month of April for the period included between the first day of May and the thirty-first day of October inclusively, who offers sa- tisfactory security for the execution of such work. The council may by resolution order that such work shall be given out by the road inspector for the period of one year, in the same manner and under the same conditions as in the preceding article. The public notice required by the foregoing para- graphs may be either in writing or verbally, and will apply in the case of by-roads regulated by proces-verbal, 829. All works on by-roads, leading exclusively to ferries, or toll-bridges, are made by the owners or occupants of such ferries or toll-bridges. v830. The work on any other by-road is done at the expense of the corporation of the municipality. CHAPTER FOURTH. OP WINTER ROADS. Section I. General Provisions. 831. Winter roads are laid out and kept in repair in accordance with the rules contained in this chapter. 218 MUNICIPAL CODE. m 832. Winter roads are laid out before the first day of December in each year, in the places fixed by the road inspector of the division, in accordance always with the orders of the council, if the council see fit to give orders thereon. The line thereof is marked by means of balizes of spruce, cedar or other wood, of at least eight feet in height, fixed on the ground at each side of the road, at a distance of not more than thirty-six feet one from the other on each line : if the road is laid down with two tracks, a row of balizes must be fixed in a similar manner between the two tracks. Front roads are laid out by the persons who are liable for work on such roads, ancf by-roads by the road inspector of the division. 833. The council of every corporation, under the control of which any road whatsoever falls, may, b^ resolution, order that such road be during the wmter laid out and kept in repair as a double road, one track thereof to be for vehicles going in one direction, and the other track for vehicles going in the opposite direction. In default of an order of the council, under the pre- ceding provision, a double track of twenty-five feet in length, at distances not more than four acres from one another, must be made and maintained on every municipal winter road. 834. Every person placing baHzes on a summer road after the road which must be substituted there- for in winter has been laid out beyond the limits of such road, or displacing balizes already placed, incurs a penalty not exceeding eight dollars. i^l^fS. (As amended by 35 Vic.-, c. 8-, 6-= 11 and as amended by 45 FiC, c. 35, s. 28.) No winter road, if tliere is a single track, must be less than seven feet in I MUNICIPAL CODE. 21^ width, between the two rows of balizes. If it is a double road, each track must be at least five feet in width (1). It shall however be always lawful for municipal councils to make and enact by-laws, providing that winter roads be laid out and maintained at a lesser or greater width than seven feet. H36. {As amended by 36 Vic, c. 21, s. 27, and by 39 Vic.j c. 29, s. 12.) Every owner or occupant of land, situated upon any front road, and all the persons interested in by-roads must, unless it is otherwise provided for by the local council in virtue of aidcle 541, or unless he has been exempted from doing so by the road inspector or the council, between the first day of December in each year and the first day of April following, keep all the fences erected by the side of such road, and all the fences forming an angle with Ihose along the road, to a distance of twenty-five feet, levelled to within twenty-four inches of the ground. This provi ion does not apply to hedges, upright posts, fences more than twenty-five feet distant from the road, nor to those which cannot be taken down or rebuilt without great expense, nor to fences erected in the woods, or within ihe hmits of a village, whether the same be or be not constituted into a separate mu- nicipality. Nevertheless the owners or occupants of land, who maintain the fences along any front road, not being that on which they are obliged to work, shall pay to the person bound to maintain such road, the excess of work occasioned by the fact that as such fences Ccinnot be taken down, the person liable for the work oil such road has additional labor. 837. Every council may, by resolution, give such orders as it deems proper, respecting the maintenance (1) Held:— That a municipality shall be held responsible for the damages caused within its limits, by reason of the violation of art. 835 M. C, which requires that a winter road be at least seven feet wide between the two rows of balizes.— Corporation DE St-Ghristophe d'Arthabaska & Beaudette, V. Quebec Lam Hep., 316. •f M 220 MUNICIPAL CODE. of winter roads, which are under its control These orders are binding upon the officers of the council, and upon all parties interested in the work up^n the road to which they relate. »88. Winter roads laid out on the same lines as the summer roads are at the expense of the same persons or corporations as in summer. 1439. If any by-road leading solely to any ferry or pay-bridge, the road work of which is at the charge of the owner or occupant of such ferry or pay-bridge, serve in v/inter as a passage to any other public ror \ the work of maintaining such by-road or the road which is substituted therefor, is not, during the win- ter at the costs and charges of such owner or occu- pant, but is performed in the same manner as that of any other by-road. Section II. Of Winter Roads which replace Municipal Summer Roads. 840- {As substituted by 41 Ffc, c. 18, s. 32). Winter roads on land may be laid out beyond their lines in s .mmer, and across any field, enclosure or land in standing timber. If the proprietor of such land suffers damage, he shall be indemnified therefor by the council of the municipality, provided the council and the proprietor come to an understanding thereon ; if they do not, the council shall have the damage assessed by the municipal valuators, the council reserving, however, its recourse against all parties interested in the road for the repayment of the moneys so expended. However, these roads cannot be laid out through gardens, orchards, yards or other lands enclosed witu in quick set hedges, or fences which cannot be taken down or replaced without incurring heavy expenses, %v MLNICIPAL CODE. 221 unless the consent of the proprietor or occupant be obtained. The municipal council may make by-laT. s for the purpose of allowing the opening of winter roads across U fields or through all woods, for hauling logs, square timber or cord wood, provided it be done with- out causing damage and subject to the reslrictioas contained in this article. S41. Winter roads, which are substituted for mu- nicipal summer roads, are kept in repair, either by those who in summer are liable for work upon the roads for which the former are substituted, or by the corporation itself when such roads are maintained at its expense, except in the case of article 839. ummer Roads. Section III. Of Winter Roads and Rivers. 842. The corporation of every local municipality situated on the banks of a river or of any other piece of water, which separates, in front, such municipality or a part of such municipality from another, is bound to lay out and maintain during the winter, over half such river or piece of water, for the purpose of con- necting the two municipalities, any road demanded by the council of one of such municipalities. 842a. {Added by 41 Vic, ch. 18, 5. 33). The cor- poration of every local municipality situated on the river St. Lawrence, is bound to lay out and maintain during the winter, within its limits and oyer half of the piece of water separating such muni- cipality or a portion thereof from another or from a city or town municipality, for the purpose of connect- ing such local municipality with another local muni- cipality or with a city or town municipality, or of connecting two city or town municipalities situated on the banks of that river, every road asked by the nu MUNICIPAL CODE. conncil of one of such local municipalities or by one of such city or town municipaUties ; and on the rofu. sal or neglect of the council of such municipality, the road may be laid out, made and maintained by the corporation of the local city or town municipality demanding the same, at the expense of the corpora- tion in default which is responsible therefor «4». On the refusal or neglect of the council of the neighboring municipality, the road may be laid out, made, and maintained by the corporation de- manding the same, at the expense of the corporation in default, which is responsible therefor. ice S44. Any road laid out and maintained upon the ...J, under article 842, may be continued at the ex- pensG of the corporation liable for such road word, across any field or land in standing timber, except through orchards, yards and grounds enclosed by a wall or hedge, to connect the road on the river or other piece of water with any other public road in the vicinity. ^45. buch roads are laid out as soon as the ice is sufficiently strong, under the direction of the inspec- tors of roads or other special officers of the two coun- oils interested. 840. Expenses incurred in laying out and maint- -aining any winter road upon the river St. Lawrence, the Ottawa river, the river Milles Isles, the Chambly river and the river des Prairies, by the corporations of the country or village municipalities situated on the banks of such rivers, are repaid them by the corpora- tion of the county municipality, upon presentation of a slat^^ment of such expenses, certified by the mayor or secretary- treasurer of the local council, saving the case when such expenses must be reimbursed by town or city municipalities, in virtue of the following article. MUNICIPAL CODE. 223 H47. {is amended by 41 Vic, c.18, s 34.) Tlio cor- ponition of any town or city municipality situate on the banks of the river St. Lawrence, is bound to reim- burse the expenditure incurred in laying out and main- taiiung every winter road which terminates within a radius of two miles fiom the limits of such munici- uiihty, upon the river, to the corporation of the neigh- boring local municipality, on the same side, which has incurred them. And if such road pass through a local municipality and is made for the purpose of conneciin«^ two town or city municipalities situated on opposite banks of the river St. Lawrence, the corporation of such town or city municipalities thus situated on opposite banks of the river St. Lawrence, shall be bound to reimburse to the corporation of the municipality through v/hich such road passes, the expenditure incurred in laying out and maintaining the whole of such winter road '^ach paying a share :n proportion to the respective amount of the valuation of the property as established by the valuation roll of each municipality. 847a. {Added by 36 Vict., ch. 21, s. 28.) The cor- poration of the municipality of the county of Maski- noiige is solely responsible for damage resulting from the improper maintenance of the winter roads, on the river St. Lawrence, by the country and village muni- cipahties included in such county municipality. 848. The provisions of articles 842, 843, 84;, A6 m, and 847 do not apply to roads on rivers or other pieces of water, which are substituted for summer roads. 849. Corporations are not responsible for accidents or damages occasioned by the breaking of the ice on roads laid oat and maintained by them, on rivers or lotlier pieces of water. ^t: W ^ 4 224 MUNICIPAL CODE. TITLE FOURTH. OF MUNI JPAL BRIDGES. 850. AH public bridges of eight feet span or more, save and except those referred to in article 883 and those governed by special acts, or possessed by iron or wooden railway companies, or by tne imperial, federal, or provincial governments, are under the control of municipal corporations, and are made and maintained in accordance with the provisions of this title. j^51. All bridges situated either upon front roads or by-roads, are either local bridges or county bridges. Local bridges are those which are wholly situate in one and the same local municipality. County bridges are those which lie between two local municipalities. If any bridge lies between two local municipalities, which form part of the two county municipalities, it is the bridge of the two county mu- nicipalities. 85S^. Municipal bridges known at the time of the coming into force of this code, as local bridges or county bridges continue to be so known and to be go- verned as such, until otherwise provided under the authority of this code. 853. Every municipal bridge must have hand-rails or other sufficient protection ; it must be at least four- 1 teen feet in breath between such hand-rails, and rnusij be constructed of materials fastened or bound together in such a manner as to prevent all accidents. S54. Every municipal bridge must be kept in _ order in the manner required by 1 .w, and by the by laws or proces-verbaux coucerning it. 855. A by-law or a proces-verbal to regulate the work of constructing, improving or maintaining any MUNICIPAL CODE. 225 municipal bridge may be drawn up, in the manner pre- scribed by article 794, either upon the petition of any person interested in such work, or upon the order of the municipal council after the passing of a by-law or resolution in relation to any bridge in virtue of articles 526 or 527. , All the provisions of the second chapter of the pre- ceding title respecting the manner of drawing up, amending or repealing a proces-verbal of a road and the act of apportionment relating thereto, apply to proces-verbaux to be drawn up, or already drawn up, respecting municipal bridges in so far as thev are con- sistent with the provisions of this title and the nature of the work to be performed upon such bridges. 856. In the absence oi proces-verbaux or of by-laws respecting them, the work of constructing, improving or maintaining bridges situated on a front road, is per- formed at the cost of all the proprietors or occupants of the taxable property comprised in the range in which is such front road, and the work upon bridges situated upon by-roads is at the cost of persons liable for such work on such by-roads. The work of constructing or improving such bridges is in such case performed by contracts given out in the manner prescribed in the.seventh title of this book, and the repairs are performed according to the rules laid down in articles 827 and 828. HS97, Municipal bridges are made or maintained by the corporation of the local municipality in which they are situated, if any by-law has been passed by the council of such municipality in virtue of article 535, with reference to bridges. ^ «58. Articles 757, 758, 759, 760, 761, 762, 769, 780, 781, 782, 785, 786, 787, 789, 790^ 791 and 793 apply also mutatis rautandis to liiuiiicipal bridges. 859. Any person driving any vehicle faster than a 15 IflB 226 MUNICIPAL CODE. ■^1 walk, ever any bridge exceeding twenty feet in length, unless such bridge is wholly constructed of stone, brick or earth, or cutting, defacing or injuring any part of any bridge or of the posts or of any other object forming part of a bridge or belonging thereto, incurs a penalty of not less than two nor more than twenty dollars, in addition to the damages caused. TITLE FIFTH. OF FERRIES. 860. All ferries on any river or other piece of water, are under the control of the corporation of. the local mu'^.cipality within the limits of which is situ- ated such river or piece of water. 861« If a river, stream or other piece of water se- parates one local municipality from another, the ferry is under the joint control of the corporations of the two local municipaUties adjoining such river, stream or piece of water. 80S. No person can carry on the occupation or trade of a ferryman without a license to that effect; and any one so acting without a license, or beyond the Uraits assigned by his license, incurs a penalty not exceeding four dollars for each person or thing ferried over by him. 863. In the case of article 861 the license is given by the councils of the two munibipalities interested, in conformity with the by-laws in force Tor that end, or, if such councils do not agree, by the lieutenant-gov- ernor, in conformity with the by-laws made under ar- tifclos 549 and 550 and approved by him. tudiM^ The moneys arlsiui!: from anv license granted ] y the lieutenant-go veriror belong in equal shares to the corporations of the two municipalities interested. MUNICIPAL CODE. 227 865. Neither the local council nor the lieutenant- governor can grant any license to keep a ferry within the limits for which an exclusi. 3 privilege has been conferred by any law on the proprietor of a toll-bridge. 8«6. Ferries between the parish of Notre-Dame de la Victoire and the city of Quebec, between the parish of Longueuil and the city of Montreal, between Mont- treal and Laprairie and between Lachine and Caueh- nawaga, are not govemed according to the provisions of this code. TITLE SIXTH. ON MUNICIPAL WATER-COURSES.. . ^1®*^' ;^^l water-courses draining several pieces of land, with the exception of boundary ditches, which drain only the two properties between which they are situated, and of road ditches, aro regulated according to the provisions of this title. 868. Every river or natural water-course, in the parts thereof which are neither navigable nor floatable IS a municipal water-course within the meaning of the provisions of this title. A river or natural water-course which is only float- able at certain periods of the year or after rains does flot cease to be a municipal water-course. ' 869. Municipal water-courses are either local water-courses or county water-courses. Water courses situated wholly in one local munici- pality are local water-courses. Those which divide two local municipalities or wnicli pass through more than one local municipality are county water-courses. If a water-course divides : - i-c. ....._- .niuuQii iouiii muiiicipaiiiies lOiimng part of I everal county municipalities, it is the water-course of ail such county municipalities. 228 MUNICIPAL CODE. I'L^i * * 1i ! I:, S70. The work of constructing, improving or main- tainina any municipal water-course is perrormed fey he nereoul interested, who are liable therefor uwder any by law, pr«»«s-«er6a/, or act of agreement or u.ider ?hJfoIlo.^ng article, o^ by the corporat.ou it a by-law has been passed in virtue of article 47o. (1) sri. In the absence of a by-law, of an act of agree- mfnT or of a proeh-verbal, the work on a mnninpal w!ter-cou.se is performed by the owner or occupant o ^ach niece of land through which such water-course ^asses^ Tfawater-cours?passes between two pieces ^flanditis a» the joint cost of the owners or occupants of the same. KPvertheless in the case of article 882, and in the ab- so?ce of a by law, act of agreement, or proces-verbal the work is at the'cost of the owners or occupants cJ IheTow and swampy lands drained by the w*ter- course. ft-ya Work upon municipal water-courses is per- formed in the maLer laid down by the Provisions of tSrcode and by the acts of agreement, proces-verbam or by-lawi as the case may be, which regulate such water-eoarses. • «'ya. Us amended by 39 Vic., c. 29, s. 14.) AH tte «,^k ordered to be done on any county or local mun • Hnal water-course is performed under the siipgru.w ?JSire Md comrol of the rural inspector of the divisidu fhr^nJh which such water-course flows, or of a special oCr'apSnted for that purpose by the counci o board of delegates, who have the control of such water- course. Such special officer is invested with the same poweK, . , , -1— , ,i,,«+«.._nnTircA are to beCiOn« ■ '" 'in™ ^^.trSne o7tt%°mo„Tbound Vefus^.lo work, L"„^a7proCni musTbe made^stabUshing each <«e' sh...- IfcviGNV VS. DoucET, \lRevM Ligale, 40. MUNICIPAL CODE. 229 le same powers, nrcp nre siil^ject to the same obligations and liable to the same penalties, in relation to the water-course for which he has been appointed, as the rural inspector. If such special officer is selected from among the persons interested in the work to be performed on such water-course, he shall not be entitled to any fee for his service or loss of time, from the parties interested, but he may be paid by the council who appointed him. ^74. The work of opening a municipal water- course cannot, \ ^wever, be superintended by a rural inspector wb a„ rsonally interested in the work to be performed an s> ".h water-course. 875. Municipal water-courses may be kept in good order and free from all obstructions, which prevent or impede the w^ater from flowing, for the whole pe- riod between the first day of June and the thirty-fif st day of October following. 876. The rural inspector of every rural division must, between the first and fifte^enth days of the month of June in each year, and thereafter until the month of No^^ember following, whenever required so to do by the council, or by the board of delegates or by any person interested, visit and examine the w^ater-courses under his superintendence, and provide that the ne- cessary work, for the maintenance of the same, be ex- ecuted without delay, in conformity with the provi- sions of the law,and of i\ie proces-verhaux^ acts of agree- ment or by-laws, which prescribe such work. 877. [As amended by A\A2 Vic.^ c. 10,5. 31.) No person is bound to perform work upon any municipal water-course between the first day of November in each year, and the thirty first day of the month of >'tr..j x\jLiij\y 13.1^^ sjrjiiii. vtcijc; iiiv^iti^i v i^, »^.xvt;]-.-u vVl.^Cil OLiUlJL V^ter-course is obstructed by snow or ice, or other- wise, and on the order of the inspector. 230 MUNICIPAL CODE. ■I . ^1; I ' H7S. {As amended by 41 Vic.^ c. 18, s. 35.) Articles 757, 758, 759, 760, 761, 762, 780, 781, 782, 786, 787, 789, 790 and 791, respectinfr municipal roads, apply- also mutatis mutandis to municipal water-courses. Article 793 applies also to municipal water-courses, except, however, those the work on which is regulat- i:ci by act of agreement. Works of improvement or maintenance on every mu- nicipal water-course of the same nature as those above mentioned can be regulated by proces-verbal or by by- law, and made by the owners of lands drained either by such river or natural water-course, or its tribu- taries. ^79. "Whoever obstructs any municipal water- course, or allows it to be obstructed in any manner^ incurs, over and above the damage occasioned, a pen- alty not exceeding one dollar for every day such obs- truction remains, at the expiration of two days from verbal or written notice given by or on behalf of any person interested, having for object the removal of sucii obstruction. S80* No municipal council or board of delegates can, by itself or by its officers, direct the demolition of any dam, dyke, or flood-gate of any mill or factory whatsoever, on the ground that such dam, dyke, or flood gate is an obstruction to a water-course. 881. No person is in any manner bornd to make or to assist in making through his own land, a water- course of any depth greater than that which is necess- ary for draining such land. 882. The owner or occnpfnit of any low and swampy land may make a water course through any n^~^ ■% y"» 1^ Kk i'^ *%-m -■-1 J5 xaiiu ui a\ciiL xxiiiiocij. ui iiiUDC vviii^xi «^^ already made, deepen the same if they are not deep enough, and repair and keep them in order, in so far MUNICIPAL CODE. 231 as is necessary for the drainage of such low and swampy land. The work to be done on such water-courses may be regulated by by-laws, proces-verbaux or by act of agreement. 883. The .ural inspector of the division may au- thorize the opening of any trench or excavation in any public road, to enable a water-course to pass through the same. ° Such trench or excavation must be indicated, both by day and night, in such a manner as to prevent all accident, under a penalty for the damages occasioned. Within the forty-eight hours next after the com- mencement of the work upon the road, a suitable and sohd bridge of the width of the road must be built over snch water-course. This bridge continues to form part of the work of the water-course. I.. \ l--^ 884. {As amended by 39 Vic, ch. 29, 5. 15.) Any mu- nicipal council, by resolution to that effect, or on the petition of one or more persons interested in the opening closing, division, construction, or maintenance of any water-course which is or ought to be under its control, asking that the work to be done on such v iter- course be regulated and determined, or asking t the same he closed, must without delay, 1st, call together at one 01 its sittings, by public notice, the rate-payers interested in the projected work, and if, after giving them a hearing, the council is of opinion that such work should be performed, make a by-law to settle, determine, and apportion the v- ,rk on such water-course ; or 2ndly appoint a special superintendent, with instructions to visit the places mentioned in the resolution or petition, to report to the council and to draw \i^ ^ proch-verbal, inhere is occasion to do so. within thft thiriv (\^A^rl next after his anpointment, or within the delays fixed by the council. I ' i I " ■l. Whiu 232 MUNICIPAL CODE. 885. All the provisions of the second chapter of the third title of this book, respecting the manner of making, amending or repealing any proces-verbal of a road and the act of apportionment connected therewith, apply to proces-verbaux^ to be made or already m;ide respecting municipal water-courses in so far as such provisions are consistent with those of this title and with the nature of the work to be performed upon the water-courses. 8v86. The waters of any municipal water-course may be turned into any other municipal water-course, if it is so ordered by a proces-verbal or by-kw, as the case may be, without such two water-courses being deemed to be a single water-course from the fact of their junction. 887. Any proprietor or occupant whose land is drained by any vater-course m.ay be made liable for the work on such water-course, in virtue of a proces- verbal^ or of a by-law made under article 884, for and hy reason of the extent of his land so drained, in the proportion established by the special superintendent, the council or the board of delegates, as the case may he ; but should an error of not more than ten per cent of the whole of the land so drained, be made, such error is not to be taken into account. 888. The persons interested in any municipal water-course, whether the same is governed by a by- law, by Si proces-verbal^ or in virtue of article 871, may, by an act of agreement approved by the council or the board of delegates, who have the control of such water- Gt)urse, determine the work to be done thereon, the manner in which it shall be done, and what persons amongst themselves shall do the same. ee**- The act of aerreement takes de jure the place of The proces-verbal or'of the by-law, which regulates such water-course if there is one, and is obUgatory MUNICIPAL CODE. 233 upon all wlio become parties to the same, and npon th(3ir representatives, nntil it is repealed by the council or the board of delegates, or by consent of all the par- ties thereto, or their representatives, or nntil it is re- placecfby a snbsequent proces-verbal or by-law, nnder the same penalties as if the water-course was regulated by a p "es-verbal. M90. A copy of every act of agreement must be deposited in the ofTice oithe council of every local municipality in which is situat<'d, either in whole" or in part, the water course regulated by such act. 891. Any person may use any municipal water- course as well as the banks thereof, for the conveyance of all kinds of timber or wood, and for the passagi^ of all boats, ferry-boats and canoes, subject always to the charge of repairing, without delspy, all fences, drains or ditches damaged thereby, and to the payment of all damages resulting from the exercise of such right. TITLE SEVENTH. OF OTHER PUBLIC WORKS OF MUNICIPAL CORPORATIONS. 892- All public works of county or local manici pal corporations, the execution of which is not speci- ally regulated by the provisions of this code, are made, at the expense of the corporation which ord«^rs them, by contract awarded and passed according to the rules laid down in this title. 893. On resolution of the coyncil to that effect, public notice is given, specifying summarily, the works to be made, the details prescribed by the coun- cil, and the time during which tenders therefor may be sent in. 894. The contract for such works must be awarded by resolution of the council. ^ 234 MUNICIPAL CODE. i n Hi^ti* The contract is made in the name of the cor- E oration and accepted by the head of the cour^cil, or y a person specially authorized for that purpose by the council. S06. The person to whom such work is adjudged must give security to the satisfaction of the council for the due performance of such work, and for the pay. ment of all damages, costs, and interest, in the event of his not fulfilling the contract. SOT. Whenever work is under the direction of the county delegates the notice is published, and the contract awarded and entered into according to ins- tructions from the board of delegates, by the council of the county municipality which originally proposed the work in question. SOS. The contract is binding on every municipal corporation interested in the work to which, it relates. SOO. The council with whom the contract has been made, may, in the name of the corporation which it represents, sue to enforce performance thereof before any competent court. 000. The other municipal corporations interested in the work to which such contract relates may bring a similar action, but only after having given the coun- cil which entered into the contract, a special notice of fifteen days requiring such council to institute such action. 001. The council or the board of delep ites under whose direction such contract is performed, may order .y road inspector of the division in which such work lo being done, to superintend its execution. MUNICIPAL CODE. 235« TITLE EIGHTH. EXPROPRIATION FO^' tUNICIPAL PURPOSES. 902. Every municipal council may, in complyinf? I with the provisions of this title, appropriate any land required for the execution of works ordered by any by-law, proces-verbal or other resolution within the scope of its jurisdiction (1). !I03. The corporation becomes the proprietor of such land, and may take possession thereof, without any other formality, from the moment that the deci- sion of the valuators who fixed or refused an indem- nity, has become final and without appeal. 904. {As amended by 45 F/c, c. 35, s. 29.) No council of a county or rural municipality can, without the consent in writing of a proprietor : 1. Demolish or injure auy house, barn, mill, or other building ; 2. Cause a public ror.d to be made through any farm yard or any garien enclosed by a wall, hedge,, board or standing picket-fence ; nor throuf:h any or- Ichard or maple grove situated within a radius of four Ihiindred feet of the house inhabited by the occupant lof such orchard or grove ; nor through any wood- lyard, pleasure-ground or other improved and enclosed llancl, being contiguous to and forming the dependence lof a country-house or residence. I 905. No municipal council can, without the con- Isent in writing of the owner, in any manner injure lany canal, or the dam of any mill or manufactory, nor [divert the course oi the water which feeds such canal, (1) The formalities prescribed by the statute for the opening of |a road and for the expropriation of the property of individuals Imust be rigorously followed and are a peine de nullU4. I A municipality Jailing to observe such formalities will be con- jQemiied to restore the land expropriated, and to pay damages, Inoiwithstanding that the neglected formalities have been ob- jserved after action brought. I llie riifht rf a P.nrnnr,it.inn in pntpp iinnn PYnrnnrlnforl nrnnarttr laeperuls upon the prior evaluation.— The Corporation of the; llow.NSHip OF Nelson vs. Lemieux, II Quebec Law Rep., 225. H • , 1* » t f. t r ' ml 236 MUNICIPAL r'jDE. I I ,i\ \\\l',^ ■ . mill or manufactory, nor cause a public road to p;iss th' '>ugh property mentioned in any of the first fuur paragraphs of article 712. 906* No indemnity muj:t be allowed for the bud required for the first front jad upon a lot, nor for the land reserved for a public road in the grant or conces- sion of a lot. Nor is any indemnity to be allowed by way of prix d'affection. 1I07. In the valuation of any land taken for z public road, the value of the road which has been doije away with, which falls to the expropriated pro- prietor under article 753, and the special advantages which such proprietor derives from the new ro;id as laid out. must be estimated and go in deduction of] such value of such land. If the land is taken for any other public work, the advantages wuich the proprietor derives from such work are also estimated and go in deduction of the value of such land. 908. The indemnity to be paid for any land liable to expropriation may be fixed and established by agree ment between the proprietor thereof, if he is of age and in possession of civil rights and the council under the control of which such expropriation takes plare ; and it may also be agreed that no indemnity need be ac- corded to the expropriated proprietor. In the absence of an understanding between such parties, the value of the land in question, together with whiitever goes in compensation with the value of such land, is estimated by the valuators of the local muiii- r" ility in which such land is situated, and the in- demnity is fixed or refused by them. 909. No one can act as valuator under the provi- sion s of this title : ! ' ider the provi- MUNICIPAL CODE. 237 1 Whenever he himself, or his relations either by blood or marriage, to the degree o^ ^ousin-german ex clusivL'ly, are interested as expropriattd pe»'Sons ; •2. Whenever he himself will be called upon to pay the indeu*nity, which may be granted. Nevertheless, no valuator can be objected to, on the rrroimd of relationship to any one of the parties who must pay the indemnity in the case where such mdem- nity may be granted. 910. No objectioT .e competence of any valua- tor can be made, aftc the award fl. .ng or refusing such indemnity has been rendered. 911. If by reason of incompetence, absence, refusal or other causes, some of the valuators in office or of those appointed to replace them, do not act under the provisions of this title, the local council must replace them by other persons capable of discharging such office. These substitutes are invested with the same powers, subject to the same obligations, an^ Uable to the same penalties as the valuators in office, but they only dis- chaage their duties, with regard to the special case of expropriation, for which they were appointed. 912. The valuators, required to proceed in virtue of the provisions of this title, commence their proceed- ings at the time and place fixed by the council asking the expropriation, and of which they have given pub- lic notice and also a special notice of at least five days to the parties to be expropriated. They may adjourn their investigations and the exa mination of LLe parties interested and their witnesses, from day to day, until the award is rendered. A^A Ci^in TToiiiQtnrc qftpr hurina fixamined and valued the land and heard the parties interested and their witnesses, r''^nder their awards, by means of one 1 lu t '* ' m: -■■v,h •• ■ • • - . ill' I -238 MUNICIPAL CODE. Mi' Mi- m-- ■or more certificates, which are lodged by them in the office of the council demanding the expropriation. Public notice of such lodging must be given without delay by the secretary-treasurer of the council. • 914. Every award rendered by the valuators is fin.-l and cannot be appealed from, after the expiration of the thirty days from the notice of the lodging of the certificates, unless objection be made thereto in virtue of the foUov/ing article. 915. Any one aggrieved by any award so rendered may make objection thereto by producing a petition in writing to such, effect, at the office of the council, with- in the thirty days which follow the public notice given under article 913. 016. After the production of such petition at the officf of the council, on demand of one of the parties intt sted, three new valuators are appointed as fol- lows : one by the council which demands the expro- Erlation, one by the party who objects to the award, or y the party who maintains the award, if it be the council that object to it, and one by a judge of the su- perior court, the district magistrate, tlie prothonotary, or by the clerk of the circuit court for the county or disthct. li one of the parties refuse to appoint and to nake known his valuator within the two days which tOilow the demand therefor, which is served upon such party, 'the valuator is appointed by such judge, district magis- trate, prothonotary or clerk. OIT. The tiiree new valuators, after having made oath well and faithfully to discharge their duties, pro ce^ed with the valuation of the land and of whatever enters into compensation th-erewith, to the hearing of the parties interested and their witnesses and to the rendering of their award, in the same manner as the !i^ MUNICIPAL CODE. 239 previous valuators, save and except the time and place of their deliberations which they fix themselves. The award rendered, by such valuators, is final, and without appeal. 918. In every award rendered by them the valua- j tors must mention the lot of which the land taken forms part, indicate the proprietor of such land, as yvell as the by-law, proces-verbal^ or order of the council in virtue of which such land is taken, and fix the amount of the indemnity if they grant one, and if not, state 1 their refusal. 919. The indemnity granted by the valuators bears lintereb^^ at four per cent from the day of the entry into possesb^ion of such, land, and is payable by the corpora- tion at the expiration of the four months which follow I such entry into possession. 920. Any person in possession of such land at the [time of the valuation thereof, and who is bona fide deemed to be the proprietor thereof, may receive the indemnity granted for such land, saving the recourse of the real proprietor against the person who has re- [ceived the indemnity. 921. If before the expiration of the four months I creditors come forward, who claim payment of the in- demnity either in whole or in part, the secretary-trea- surer must retain in his hands the moneys intended to pay such indemnity, or the portion thereof claimed, until, on petition to that effect, a judgment is rendered I by the magistrate's court for the county or district. 922. If the public work which required the expro- Irriation is at the cost and charge of the rate-payers, in accordance with the. pro visions of a by-law, of a proces- berbal^ or of the law, the amount of all the indemnities, i Willi interest and costs, must be apponioued, like any other municipal tax, by the secretary-treasurer, upon 240 MUNICIPAL CODE. .1 • ■^• all the rate-payers according to the value of the taxa.| ble property on account of which they are liable for such works. The collection of the moneys is made, with as little delay as possible, by the secretary-treasurer, in the same manner as local taxes. »2S. If the council so order, the ameunt of such | indimniliesis apportioned by the municipal officer who conducts the work to which the indemnity relates, and collected by him in the same manner as any other tax | for roads or other public works. 924. If the v/orks which require the expropriation are under the direction of the county delegates, the expropriation of all lands takes place under the control of the municipal council of the county in which such! lamlsare situate, according to the instruction of the | board of delegates. TITLE NINTH. APPEALS TO THE COUNTY COUNCIL. 925. As amended by 39 Vic, c. 29, s. 2, and by m Vir c 10 s. 32.) An appeal lies to the county council, from ile passing of any bylaw made by the counc of any rural municipality, excepting. those which n.^ rely repeal other bylaws, those which relate to -' ofin'oxi.'atipg Uanors, and those which, betnr coming into force" must be approved by the municipal ^^ Th/right of appeal can only be exercised within tb thirty days which follow the promulgation of the Df aw -and no appeal shall lie from a resolution, evefl when U is passed in the exercise of th. powers coo ferred bv article 460. Mr^ t oa r,/- ass. (.Is am-nded by 35 Vic, c.S, s.^O,by 36 H c. 21, s. 29 by 39 Vic, c 29 s. 2, and by 45 .['«., c^3 30) An appeal iiub lu mc sa.xx^- •^.v...,-.-.— -— homologation ot any proces ««r6a/ made by any «» cil of a rural municipality wuhin the thirty diV MUNICIPAL CODE. 241 following the notice of homologation given in virtue of article 808, as also from any decision of a council of a rural municipality rendered under article 819, respecti[ig an act of apoortionment, within the thirty days which follow such decision. An appeal also lies to the county council upon any refusal to homologate a proces-verbal^ by the council of a rural municipality, and the dismissing by the local council or I its superintendent of any petition praying for the opening and maintenance of a muni- cipal road, within the thirty davs following the re- , fusal of such homologation or the dismissal of such petition. 927. {Repealed by 41-42 Vic, c. 11, s. 33.) 928. The appeal may be brought before the coun- ty council by any person having an interest therein. 929. The appeal is brought by means of a sum- mary petition which must be filed in the office of the county council, within the prescribed delays, in default whereof the right of appeal determines. A copy of suth petition must, wilhin the same delay, be served at the office of the local council. 930. Every petition in appeal must be taken into consideration by the county council within the thirty days next after it has been filed in the office of the council, in default of which the appeal determines, [save in the case of the following article : Whenever no ordinary session is to be held within jthe thirty days, it is the duty of the secretary-treasurer lor of the warden, if they are notified thereof, to sum- Imon a special meeting of the council to be held with- |in such delay, to take into consideration such petition |in appeal. 931. If the special session convened under the pre- Iceduig article is not held, through the absence of a Iquorum, the petition in appeal may be taken into con- sideration at the next general session. rA?n^¥'i <^^^^^ ^y 3^ ^*?-> ^\ ^1 *• '''•) The county [^^'uicil, hovvovCf, cannot take the petition in appeal fnto consideration until after public notice, of the day 16 242 MUNICIPAL CODE. and hour of the session at which it will proceed to the examination of such petition, has been given by the secretary-treasurer, or by the warden, m Ihe i; jaimu- nicipality from which the appeal comes. »32. The council, after having heard the petition- ers and the members of the local council or the secre- tary-treasurer thereof, and after having heard the wit- nesses and examined the documents produced by the parties, confirms, amends or dissallows the by-law, proces-verbal^ or decision appealed from. By its decision, the county council may award and tax the costs in appeal against any party and in favor either of the county corporation or of any other party; and such costs may be recovered in the same manner as penalties impobed under the provisions of this code. 933. If the county council neglects or refuses to take into consideration the petition in appeal, wilhin the prescribed delay, or if, after having taken the same into consideration within such delay, it closes the ses-j sion or adjourns the same sine die or for any period beyond ten days, without having decided upon the merits of the petition, the appeal is quashed, and the by-law, proces-verbaL or decision appealed from, is neW to be confirmed by the county council. »34. A copy of the decision of the county coimcil, if a decision was arrived at, or otherwise, a certificate from the secretary-treasurer of such council establisH- ing that no decision was given by the council withm the required time, must be transmitted, without delay to the office of the council of the local municipahty from which the appeal, arose. 035. Every decision of the county council which arner-fis any 'nroces-vfirhaL roust be published bytjiej secretary-treasurer of the local council by a pui)iiiii notice containing the substance of such decision. l MUNICIPAL CODE. 243 9B6* Whenever a petition in appeal is reserved at the office of the local council, the secretary-treasurer of such council must forthwith transmit all the docu- ments relating to the matter which forms the subject of the appeal to the office of the county council. These documents must be returned to the office of the local council, immediately upon the decision of the county council, or, if there has neen no decision, im- mediately upon the expiration of the time during which such decision might have been rendered. TITLE TENTH. IfUNICIPAL TAXES AND DEBTS. CHAPTER FIRST. MUNICIPAL TAXES. -* Vr V* *■■»■ V J WW - , se, a certificat« Section I. General Provisions. 937. Municipal taxes imposed on the taxable prop- erty of a municipality, must ne apportioned, as well on the taxable real estate, as on the movable property declared to be taxable by article 710, unless it be spe- cially declared that such taxes must be imposed solely OQ the taxable real estate. 938. The amount of every tax imposed by a county council, for general or special purposes, is levied, ex- cept in the case mentioned in articles 490 and 491, on all the local corporations of such county, in proportion io the total value of their taxable property liable for' the payment of such tax. 244 MUNICIPAL CODE. I »3». The portion impospd on each local corpora, .tion constitutes a debt payable by such corporation to 'the county council, according tc the conditions and on the terms fixed by such council. The amount of such portion or debt is levied in the local municipality in the same manner as local taxes, on all Ihc laAcible properly subject to such tax, wilLout its being necessary to make other by-laws or orders for that purpose. In the case of refusal or neglect on the part of the local corporation to pay the portion which has been imposed upon it, juch portion may be recovered from it in the manner set forth in article 951. (1) »40. Tiie secretary-treasurer of the county council is bound, before the fifteenth day of May in each year, or at any other period fixed by the council, to appor- tion with the approval of the latter, among all the local corporations of the county municipality, the sums Davable to the county council, during the current year in virtue either of municipal orders or of former . apportionments in force, and to transmit to the office of the council of each local corporation, a certiiied copy of such apportionment. Whenever a new sum of money is imposed by the county council, after the period fixed upon by this ar- ticle a new apportionment must be made and trans- mitted in the same manner by the secretary-treasurer. 941. Taxes imposed for county purposes, under n\ Held:— lo. That thp district magistrate has jurisdiction for the recovery of municipal taxes, whatever be the amount ;-^a That under art 939 and 9.1, M. C, a local corporation may sued before the district magistrate for the recovery ot a county debt due by the local corporation to the county corporaiio. i.- 30 That a district magistrate is not disqualdiod to sit n s cases by the fact that he is a rate-payer in the mterested municipality —La Cokpouation dm la i-Aiiui-6:>ii or. . ''V5. La Corporation du Gomte de Drdmmond, Vll Revue 642. n rtii I aUUR ■I if. MUNICIPAL CODE. 245 a proces-verbal^ or act of apportionment relating to any proces-verbal, or made under article 490 or 491, are collected by the officers of the local municipalities, in which is situated the taxable property affected, in the same manner as taxes imposed for local purposes. A statement of such taxes must be without delay transmitted to the persons entrusted with their collec- tion, if such persons are not those whose duty it is, under the control of the county council or the county delegates, to attend to the execution of the proces-ver- bal^ of the act of apportionment, of the by-law, or of the law (1). 942. All municipal taxes imposed on taxable prop- erty for local or county purposes, must be fairly ap- portioned according to the valuation roll in force, on all property subject to the payment of such taxes, in proportion to it« taxable value, that is to say, in pro- portion to the actual value of the real estate, and the estimated value of property declared taxable under article 710, save the case specified in article 773. »42a. (Added by 41 Vic, c. 18, s. 36.) In determin- ing the value which must be given to lands used for agricultural purposes and situated within the limits of town or village municipalities, regard is had to the value of such lands for agricultural purposes simply, except for that part fronting on streets and roads to the ordinary depth of building lots in that locality, which may be taxed according to its real value. 915. {As amcndid by 36 Vic, c 21, s. 30, by 41-42 ^(c, c. 11, s. 34 and by 45 Vic.c 35, s. 31.) The council oi" every local municipality, may, by a resolution, exempt from the payment of municipal taxes, for a (1) Held: — That the means of collecting the conlributions due to Ihe county council is through the local municinaliiies and their oflicers; and that the county corporation ha,s no right to precede directly against the rate-payers by action or otherwise. — Roberge vs La Corporation de Levis, VII Revue Ugale, 642. N ^43 MUNICIPAL CODB Deriod not exceeding twenty-five years, any persnr who carries on any business, trade, or mining or inii ni^factSge^^^^^^^ whatsoever or the proprietor ol any b^^^^^^ as well as the land nsed for such business, Se or manufacturing or mining enterprise or bridge ; or agree with such person for a fixed sum of money navable annually for any period not exceeding twenty. S Tyears^^n commutation of all municipal taxes. It may also exempt the poor of the municipality and their property from the payment of municipal taxes. Such exemption or agreement does not extend to work upon water-courses, boundary ditches, fences, clearances, or front roads connected with taxable prop- erty so exempted or commuted. 044. The local council may, whenever it deems advisable, authorize by resolution the secretary-trea- surer or any other officer, to Id a sum not exceeding ten per cent, to all taxes to be levied on the taxable property in the municipality to cover losses, costs arid bad debts. 945. Municipal taxes or contributions in labor or materials are always convertible into money, after they fall due. 946. All municipal taxes are regarded, as privi- leged debts, exempt from the formality of registration. 947. Taxes bear interest, at the rate of six per cent from the expiration of the delay during which thev'ought to be paid, without its being necessary lor such purpose that a special demand of paymen be made. Neither the municipal council nor its otiicers can remit such interest. 948o All municipal taxes, imposed on any land, mav be collected from the occupant or other possessor of such land as well as from the, owner thereot o. MUNICIPAL CODB. o«7 [from any subsequent purchaser of such land even when such occupant, possessor or puchaser is not en- tered on the valuation roll. »4!>. Any person, not being the proprietor, who I pays luunicipal taxes imposed in consideration of the land which he occupies, is subrogated without other formality, in the privileges of the corporation on the movable or immovable property or the proprietor, and may, unless there be an agreement to the contrary, withhold from the rent or from any other debt which I he owes him, or recover from him by personal action, the amount which he has paid in pnncipal, interest and costs. II I ' i 950. All arrears of municipal taxes, except in the case of articles 402 and 495, are prescribed by three I years. This provision is subject to the application of I articles 2267 and 2270 of the civil code. 951. The payment of municipal taxes may be also claimed by an action brought in the name of the cor- poration, before any justice of the peace, the magis- trate's court, or the circuit court for the county or district, as well against persons absent from the niuni- cipality as against those present therein (1). 952. The local council must, on the requisition of the school commissioners or trustees of any school mu- nicipality situated within the limits of the local muni- cipality, accept the school assessment roll or the certi- [fied extract therefrom presented by them, and order (Ij Held:— That the district magistrate has jurisdiction for the recovery of manicipal taxes, whatever be the amount;— nhal under art 939 and 951 M G. a local corporation may be sued before the district magistrate for the recovery of a county flebi due by the local corporation to the county corporation ;— That a district magistrate is not disqualified to sit in such cases I DV tlllA faPf tVlQt VlQ io o no^■Q_r^mm^• J t> fV./-> ..^n.. n! r.:«n I :i... T . f^ . iii.,„ ,..,.,1. ,.,.. ,o It I «,!;•. -puJT_t m iiic lliUlIIVJipaiUy , — JLJA VjUU- Pi'IUTlON DE LA PAROISSE DE St. GuILLAUME VS La CORPORATION DU coMTE DE Drdmmond, VII Rcvue Legale, 642. 248 MUNICIPAL CODE. 1 ] 1 1 ■ 1 1^1^:;: # ' ■ i 1/', I 4 • 1 . the secretary-treasurer to collect such taxes in the same manner and at the same time as municipal taxes. 053. Taxes levied by the local council for public works in each of any townships united to form a dis tinct local municipality under article 39, are expend- ed, less the costs of collection and of management, in the townships in which such taxes were levied, unless the county council otherwise orders. Seotion IL Collection of Taxes in Local Municipalities, 954. It is the duty of the secretary-treasurer of every local council, to make a general collection roll, each year during the month of October, or at any other time fixed by the council. He must also make a special collection roll, when- ever a special tax has been imposed after the making of the general collection roll, or whenever he is or- dered so to do by the council. 955. Every collection roll must contain, in diffe- rent columns : 1. The names and quality of each proprietor, who is a rate-payer, entered on the valuation roll, or the word " unknown, " if the proprietor is unknown ; 2. The names and quality of every occupant of tax- able land, who is not the owner thereof, if such occu- pant is known, whether he is or is not entered upon the valuation roll ; 3. The actual value of the taxable real estate of each rate-payer ; 4. The value of the property of each rate-payer, declared taxable in virtue of article 710 ; lIUNiniPAL CODE. 249 ontain, in diffe- al estate of each ach rate-payer, 5. The total value of the taxable property of eaoh rale-payer ; 0. The amount of taxes payable by each rate- payer (1). !I56- If the collection roll is general, it must set forth in detail, in as many distinct columns, all taxes due since the making of the last general collection roll, distinguishing tnerein local taxes from those which have been imposed for county purposes. 957. In every local municipality in which taxes have been imposed in virtue of article 584 or 595, the secretary-treasurer must enter on the general collec- tion roll, in the column for the names of rate payers, the names and qualities of all persons liable for such taxes, and in separate columns, the amounts due. 958. The secretary-treasurer must enter on the general collection roll and collect all municipal taxes payable in or converted into money, ordinarily col- lected by other municipal officers, and due or payable either to the corporation or to the officers of the coun- cil, by persons occupying taxable property in the mu- nicipality, provided that a statement certified and attested under special oath, be transmitted to the. oflice of the council before the making of the general collection roll. 959. If the municipal council has ordered, by resolution, that the collection of school taxes be made at the same time apd in the same manner as municipal taxes, the secretary-treasurer must enter, on the general collection roll, the amount of such taxes, (I) Held :— That if the collection roll mentions the share of taxes of some rate-payer at a higher figure than it ought to be according to the by-law imposing the same, such roll is nuU quoad this rate-payer only for the surplus. — Dubois & La Cohpo- hAiioN Du VILLAGE d'Agton Vale, II Revuc Legale, 565. 250 MUNICIPAL CODE. ■ 'i ) ' »'• ■ of the municipal code and of true abstracts from the collection rolls is sufBcient; that arrears of such taxes due by a deceased peio^a are properly recoverable fiom ui,-. : I 1, 1113 uiiivcisai iv Ttti fnu. P0RA.TI0N OF THE TOWNSHIP OF ACTON VS FeLTON tt AL., AaIV U. C. J., 113. MTINICIPAL CODt. 51 e, within the ition of such deceased peioutt avcc. iijc •-<•••• (S( AL., XXIV L. them together with costs by seizure and sale of the- goods and chattels of such persons wh'^H may bo found in the municipality (2) !^03. Such seizure and sale ?re made un(^er a war- rant ,;ned by the mayor of the council. Such warrant is addressed to a bailiff, and must be exficuted by that officer, under his oath of office, accord- ing to the same rules and under the same responsibil- ities and penalties as a writ of execution de bonis issued by the circuit court. The mayor, in giving and signing such warrant,. does not incur any personal responsibility ; he acts un- der the responsibility of the corporation, in whose in- terest the disi. ss is made. !P04. The day and place of sale of the movables and effects so seized must be announced by the bailiff by )iiblic notice in the maruer prescribed for judicial sa- es of movables. Such notice must also state the names and quality of the person whose effects are to be sold. 065. If the debtor is absent, or If there is no per son lo open the doors of Liie house, cupboards, chests or othur closed places, or in the event of refusal to open the same, the seizing officer may, by an order of the mayor or of any othei* iuSvice of the peace, cause the same to be opened by the usual means, in presence of t •> witnesses with all necessary force without preju- dice .0 coercive imprisonment, if there be a refusal, violence or other physical obstacle. 966. No opposition or claim founded on a right of property or privilege on the movables and effects seiz- ed can prevent sucli seizure and sale, nor the payment !'2i Held : — That a corporation can be sued in damages foi an ill';'"?.!! seizure of the movable: of a rate-payer. — Blain vs Corpo- ration OF Gbanby, V Revue Legale, 180. ^:Lv^>* .t-..-&f>:«:---M:: ^:^rrf»^ -•«•—". ' 552 MUNICIPAL CODE. i- ■ ■'[ I of the taxes out of the proceeds of the sale, unless a sum of five dollars, or a sum equal io that claimed in and by the warrant of distress, if such sum does not exceed five dollars, be at the same time deposited in the hands of the secretary-treasurer. Such opposition is further made, heard and adjudi- cated upon in the same manner as the one made under article 970. 96T* The f?um deposited is returned to the person who paid th(i same, if the conclusions of the opppsition or demand are granted, if not, it goes towards the pay- ment of the costs incurred. 908. The proceeds in money of the sale of the effects seized^ the costs of seizure and sale being (de- ducted therefrom, are applied by the secretary-treasu- rer to the payment of the amounts which appear on the collection rolL with interest and costs. The surplus, if any, is paid by the secretary-treasu- rer to the person whose effects were so sold, or is re- tained by tne seeretp ''y-treasurer, in case claims are nrade against it, until a decision has been rendered, on petition to that effect, by the ^-aagistrate's court or the circuit court of the county or district. If the claim is admitted by the defendant, the moneys are paid by the secretary-treasurer to the claimant. 969« Whenever any land subject to the payment of municipal taxes has been seized and sold by law, or is the object of a petition for ratification of title or for expropriation, the secretary-treasurer must produce the claim of the corporation, by filing within the required delay, at the office of the sheriff or of the prothonotary, a detailed statement of such claim, certified either by 'the mayor of the council or by himself, together wiln the necessary vouchers. 970. Every rate-payer who is required to pay, either as municipal or school taxes, an amount greater :-fl MUNICIPAL CODE. 253 B sale, unless a lat claimed in ich sum does time deposited rd and adjudi- ne made under to the person ' the opppsition wards the pay- ie sale of the sale being rfe- icretary-treasii- iich appear on 3ts. !cretary-treasu- sold, or is re- ase claims are m rendered, on i's court or the If the claim is are paid by the the payment sold by law, or . of title or for List produce the in the required J prothonotary, ified either by , together witn than that which he owes, may plead such fact by ex- ception to any action or claim, or by opposition to any seizure of his movable property and effects made under article 96'2. Such opposition must be accompanied by an affidavit attesting the truth of the allegations it contains, be served on the officer entrusted with the execution of the warrant of seizure, and be returned within the eight days next following i)efore the circuit court for the county or district or 1 ^ore the magistrate's court at its next session. It is subbequently heard and decided ac- cording to the ordinary rules of procedure of the court. The opposition delays the sale provided it is accom- panied by an order for that purpose, signed by the judge or by the district magistrate or by the clerk of the court, nefore which it is returnable. 971» The secretary-treasurer may, under the au- thority of the local council, and at the expense of the corporation, employ one or more persons to assist him in collecting the municipal taxes, for whose acts, omis- sions or neglect he and his sureties are nevertheless responsible. CHAPTER SECOND. MUNICIPAL DL-.XS. Section 1 General Provisions. 972. The principal and interest of any loan or de- benture, may be made payable in the province orelse- Vvhcre, either in the currency of Canada or of the country where the same are payable. ■I liifilte ■mi f'i- v\ I i'M'^^l l;i 1 ( .f: i '254 MUNICIPAL CODE. 073. The principal, interest and costs of any debt, contracted by a county corporation for general purpo- ses, are payable to the county council by all the local corporations of the county municipality, and are appor- tioned and levied in the same manner as taxes imposed by the county council. 1>74. In every by-law made by a county council, •ordering a loan or an issue of debentures to be made for the purpose of aiding in the construction of any wooden or iron railway, or any other public works, lo which the corporation of one of the loci 1 municipali- ties of the county municipality has already contributed in its corporate name, it may be stipulated that the amount of the contribution granted by the local coun- cil, calculated on the amount of its valuation roll in force at the time such last contribution was ordered, be taken and considered as forming part of the aid grant- ed by the county corporation, to the amount of its share in such aid. 975. In any such case it is valid for the council of the local municipality, if the aid which it has granted in the nan:e of tL : local corporation must be given by debentures, and if such debentures are not issued, to cancel such aid to the amount of its share in the con- tribution granted by the county council. If such de- bentures have been issued, the holders thereof may exchange them for debentures of the county corpora- tion, by transferring to such county corporation, an amount of the stock of such local corporation equiva- lent to such exchange, with the consent of the local corporation, the council whereof in any such case, must tranfer to the county corporation, its share in the work represented by the debentures exchanged. 976. Until such cancellation or exchange has been made, the county council must, in apportioning the tax to be levied under its by-law, make a deduction iron) the portion of the tax imposed on the corpora MUNICIPAL CODE. 255 Ccl municipali- lion of such local municipality, proportionate to the amount of the aid granted by such corporation. OyT. The whole debt contracted by any county coiporation cannot, at any time exceed twenty per cent, of the value of the taxable property of the muni- cipality. 078. No local council can, by itself, contract dt'bfs for any amount exceeding twenty per cent, of thp;nxnble propertyof the municipality, such amount to uiclude the share which such council has to con- tribute towards paying the debt of tho county corpo- ration. ^ 97Ha. yAdded by 36 Vic, c. 21, s. 31 and a, amended by 41-42 Vic, c. 10, s. 35.) The taxes intended to pay the interest upon municipal debentures, issued before or after the coming into force of this code, as also those intended for the payment of a sinking fund or for the redemption of such debentures, shall be im- posed or levied, according to the last valuation roll in force in the municipality. It is the duty of the secretary-treasurer to make each year, until the payment or redemption of the de- bentures, a special collection roll, apportioning on the taxable properties subject thereto, according to their respective value as shown on such valuation ro'l the amount of the tax imposed for the interest and for the annual payment to the sinking fund. ?)7». (As amended by 41 Vic, c. 18, s. 37.) The pro- vincial secretary must compile annuallv in the month of June, from the returns transmitted" to his oiTice in conlormity with article 168, a statement in tabular lorni shewing : 1. The names of all the municipal corporations indebted; 2. The amount of the debt of each of such corpora^ tious ; ! '1. .; 1 r - ' •■ '?y - I! 1 256 MUNICIPAL CODE. 3. The amount of interest due by them ; , 4. The value of movables or immovables belonging to them ; 5. The amount of the valuation of taxable property in each of the municipalities of which the corporation is indebted ; 6. The total rate of taxation or assessment in the dollar, levied for any purpose whatsoever upon tax- able property or only upon taxable real estate in such municipalities. A copy of such tabular statement must be forwarded by the provincial secretary to each branch of the legis- lature, within the first fifteen days of the following sesiaion. I»80. {As amended by 36 Vic, c. 21, s. 32.) The loans contracted and the debentures issued or the issue of which has been authorized before the promulgation of this code, in conformity with the acts respecting the municipal loan fund, and remaining unpaid, con- tinue to be governed by the provisions of chapter eighty-three of the Consolidated Statutes of Canada and of any other act relating thereto ; and the amounts of such loans or debentures are repayable, the taxes levied to discharge them are apportioned and collect- ed even in cases where the corporation is in default, and the duties and obligations of the municipal coun- cils and officers regarding such loans or debentures must be discharged, until the same have been wholly paid and redeemed, in the same manner as if this code had not been promulgated; subject nevertheless to the application of article 978a. Section II. Special provisions respecting Municipal Debentures. 981. Every municipal debenture must specify : 1. The name of the corporation by which it is issued ; MUNICIPAL CODE. 257 Debentures. 2. The by-law authorizing the issue thereof ; 3. The amount for which it is given ; 4. The rate of interest payable per annum ; 5. The time and place of payment both of interest and principal ; 6. The date of issue. It must also bear the signature of the head of the comK'il or of any other person authorized by the council to sign it, as well as that of the secretary- treasurer. 9^2. It must further contain all provisions neces- sary to carry into effect the intent of the by-law in virtue of which it is- issued. 9^3. The interest on debentures is payable half- yearly. 984. Every debenture is made payable either to the bearer, or to any person named therein, or to the person named therein or the bearer, or to the person named therein or to order. 985. Debentures can be issued for a sum less than one hundred dollars and be made payable less than five or more than thirty years from the date thereof. 980. If the debentures are payable after five years from the date of their issue, the annual tax levied for payment of the yearly interest and for the sinking fund, can be imposed only on the taxable real estate of the municipality. 98T. Any municipal debentures payable to bearer, or to any person named therein is bearer, may be transferred by mere delivery. --iHy municipal dcbenturu payable to a person named therein, or to a person named tnerein or order, maybe transferred by either general or special endorsation. 17 W-y'V t It '• 258 MUNICIPAL CODE. When it is endorsed generally it is transferable by mere delivery. Su'jh transfer vests the property thereof in the holder ' and gives him the right to maintain an action there- upon in his own name. »88. Any debenture may contain a stipulation to the effect that the sum annually carried to the sinkuig fund, be with the consent of the lender, returned to such lender or his representatives, instead of being invested in the manner provided by the by-law. In awy such case the debenture is not redeemable at the delay fixed by the by-law, and it is deemed lo have beeu paid in full and discharged by the payment of the annual amount of the interest and of the sinking fund speci- fied in such debenture. 989. The council of any corporation which, either before or after the coming into force of this code, issuea debentures redeemable at the expiration of a certain de- lay, may, with the consent of the holder, exchange the same for debentures of equal value, payable m the manner set forth in the preceding article. 990. (As amended by 45 Vic, c. 36, s. 9.) The secre- tary-treasurer of any corporation the council whereof have passed a by-law for the purpose of raising money by the issue of debentures, must before the negotia- tion, sale, or promise of sale thereof, transmit to the registrar of the registration division in which such municipality is situated and to the provincial secre- tary, an authentic copy of the by-law authorizing the issue of debentures together with a return shewing: 1. The nature and object of such by-law ; 2. The amount to be borrowed thereunder ; 3. The number of debentures to be issued ; 4. The amounts thereof respectively ; 5. Tne dates at which the same respectively fail due J I I MUNICIPAL CODE. 259 6. The value of the movable and immovable property belonging to the corporation ; 7. The amount of the privilef-es and hypothecs to, which the movable and immovable property of the' corporation is subject ; 8. The amount of the valuation of the taxable pro- perty in the municipality ; 9. The annual rate of assessment per dollar required to liquidate the debentures. 991. The secretary-treasurer of every corporation which, before the promulgation of this code, shall have issut d debentures vi^ithout complying with the two first sections of chapter eighty-four of the Consolidated Stati. ' J of Canada, must transmit, within three months after the coming into force of this code, to the regis- trar of the registration division in which the munici- pality is situated, authentic copies of all the by-laws theretofore made for the purposes of raising money by the issue of debentures, together with a return shew- ing: 1. The nature and object of each by-law authorizing or ordering an issue of debentures ; 2. The amount of the debentures issued ; 3. Their respective amounts ; 4. The sums already paid or redeemed by the cor- poration on account of such debentures ; 5. The balance due and payable on each of the same ; 6. The dates at which they respectively fall due ; 7. The annual rate of assessment necessary to dis- charge them ; 8. The value of the movable or immovable property belonging to the corporation ; nrv wl ^^°^^* 2? ^^^. privileges and hypothecs to v/iiich tii.e iiiiiuovables of the corporalion are subject. 10. The amount of the valuation of the taxable Dro- perly of the municipahty. ^ ] llr r .. r 260 MUNICIPAL CODE. 992. Vie registrar must receive, file and keep in ihis office, the by-laws which are transmitted to him in virtue of the two preceding articles, and register them in a book kept for that purpose. 993. The bv-laws and returns registered or filed in the registrar's office, and all his books of entry are open to the examination of any one desirmg to mspect the same during office hours, on payment of the fees established by the following article. 994. The following fees are payable to the regis- trar for any services required by the articles of this section : 1. For the regi'-.tration of an authentic copy of any municipal by-law • ••• ^'^-00 2. For the registration of any report transmit- ted under articles 990 and 991 M-OO 3. For search, inspection and examination of each copy of a by-lavr, of the entries which refer thereto ^i-^" 995. Every secretary-treasurer wlio neglects or refuses to comply with articles 990 or 991, within the required time, incurs a penalty not exceeding two hundred dollars, and in default of payment, imprison- ment until payment of the fine and costs, which ini- prisonment ends on payment of the fine and costs and must not, however, in any case exceed twelve months. 996* In any action upon a municipal debenture, it is neither necessary to allege nor prove the notices, by-laws, statutes and other proceedings m virtue ot which such debenture was issued. 99*7. Every municipal debenture issued under a hv-law approved of by .the lieutenant-governor in Vnnnr.il. whether before or after the coming into force of this code, is valid, and the amount thereof may c« recovered in full, notwithstanding that such dehen- ture was issued illegally and irregularly. MUNICIPAL CODE. TITLE ELEVENTH. 261 SALE OP LANDS LIABLE FOR MUNICIPAL TAXES IN DEFAULT OF PAYMENT. CHAPTER FIRST. SALE AND ADJUDICATION OP LANDS. 998. {As amended by 45 Vic.^ c. 35, s. 32.) The secre- tary-treasurer of every county council must, before the eighth day of the month of January in each year, from the statements transmittcvl to the office of the council under article 373, prepare a list shewing : 1. The description of all the iands situated in the county municipality, on account of which municipal or school taxes are due, together with the names of the owners as mentioned in the valuation roll ; 2. Opposite the description of such lands, the amount of the taxes for which they are liable. Such list is accompanied by a public notice, setting forth that such lands are to be sold at public auction, at the place where the sessions of the county council are held, on the first Wednesday of the month of March next, at ten o'clock in the forenoon, in default of payment of the taxes for which they are liable and the costs incurred (1). (I) Held :— That the claim of a corporation is extinguished towards the debtor by the sale by an official assignee of the property affected.— Blain vs Corporation of Granby, V Revue Legale, 180. Held : — That a corporation can be called in a case to guaran- tee a rater-payer whose property it had sold for taxes which had been paid, when this rate-payer who has transferred the same property to a third party, is himself called to guarantee by his purchaser who is troubled in his possession by the party who purchased from the cornoratlon, and that-, even more than •■wo years after the municipal auction sale. — Wdrtele vs Corpora- tion OF THE TowNsmp OF Grantham. V I Revue Legale, 548. il^ •|| .1 262 MUNICIPAL CODE. 099. The list and the notice which accompanies it must be published in the ordinary manneij and also twice in the Quebec Official Gazette, and m one or more newspapers, during the month of January. 1000. At the time appointed for the sale, the secretary-treasurer of the county council, or some other person acting for him, sells to the highest bid- der, those lands described in the list upon which taxes are still due, after making known the amouritto be raised on each of such lands, including therein a part of the costs incurred for the sale, proportionate to the amount of the debt (1). 1001. Any person offering then and there to pay the amount of the moneys to be raised together with the costs, for the smallest portion of such lands, be- comes the purchaser thereof, and such portion of the land must be at once adjudged to him by the secre- tary-treasurer who sells such portion of the property as appears to him best for the interest of the debtor. iiiiiil ir m- \' lOOla. The secretary-treasurer shall be entitled to ten cents for each hundred words or figures, for all notices, lists and other documents in relation to the sale of lands indebted for taxes, and further to the repayment of any sum advanced by him to defray the cost of publication, in the Quebec Official Gazette^ and in other journals, and to one dollar and fifty cents ^or each certificate of adjudication, or for every deed of sale, and moreover tne costs of the registration (1) Held :— That the sale for municipal taxes of lots belonging to a resident, ad/ertised and sold by the c-efendant as belonging to a non-residenl, is null and confers no lights to the puchaser. The latter being troubled, has right to call the local corporation and the county corporation to guarantee him, even after two years have elapsed since the date of the sale ; the two corpora- tions pleading ibemsulves this nullity must be condemned as garantes to pay the costs, each one half — Bartley vs Boon and Armstrong, oppts., V Quebec Law Rep., 33. 1 tr ■ MUNICIPAL CODB. 263 companies ik thereof, until such time as such fees are otherwise established by a resolution of the county council. 1002. The purchaser of any land or portion of land must pay the amount of his purchase money im- mediately upon the adjudication thereof. In default of immediate payment the secretary^trea- surer either at once puts up the land for sale or ad- journs the sale to the following or any other day within eight days, by giving all persons present no- tice of such adjournment in an audible and intelli- gible voice. 1003. If at the time of the sale no bid is made, or if all the lands advertised cannot be sold on the first Monday in March, the sale must be adjourned to the loUowing or any other day within eight days, in the manner set forth in the last provisions of the preced- ing article. 1004. (As amended by 39 Vic, c. 29, s. 17.) On pay- ment by the purchaser of the amount of his purchase money, the secretary-treasurer sets forth, in a certifi- Ccate made in duplicate and signed by himself, the par- ticulars of the sale, and delivers a duplicate of such certificate to the purchaser. The purchaser is thereupon seized and possessed of the land adjudged, and may enter into possession thereof, subject to the same being redeemed within the two years next following, and to constituted ground rents. The purchaser, however, cannot carry otf timber from such land during the first year he is in posses- sion thereof. 1005. The corporation of the local municipality, in which the immovables put up for sale are situated, may bid at the sale of such immovables and may be- come the purchaser thereof, through the mayor or jm^ 1 f3 ■ t< • ■ x; 1 ■nf >^, »i^M P- 264 MUNICIPAL CODE. Other person authorized by the council, without being held to pay in forthwith the amount of the prr chase money. lOOO. A h'st of lands sold under ti.r provisions u. this title, settiuff forth the name and residence ot the purchaser and th«i price of the sale, must be transir^;. ted by the secretary-treasurer of the county council .o the office of every local municipal *7 in which f^uch lands are situated, within the fifteen days next after the adjudication ; and the secretary-treasurer of the local council must, without delay, give a special no- tice to the proprietors or occupants of such lands, of the sale thereof and of the particulars set forth in the L'«t transmitted by the secretary-treasurer of the county. 1007. If within two years from the dav of the ad- judication, the land adjudged has not be3n brought back or redeemed according to the provisions of the following chapter, the purchaser remains the irie voca- ble proprietor thereof. 1008. Such purchaser, upon exhibiting the certifi- cate of his purchase and upon proving the payment of all municipal taxes which, in the meantime, nave be- come due therein, is entitled, at the expiration of two years' delay, to a deed of sale from the corporation of the county municipality within the limits of whicli silch land is then situated. 1009. [As amended by 39 Vic, c. 29, s. 18.) The deed of sale is executed in the name of the corporation of the county by the secretary- treasurer, in the pre- sence -of two witnesses who sign it, or in minute form before a notary. * 1010. The deed of sale must be registered with idue diligence, on the demand of the warden or of the secretary-treasurer. (1) (l) Held: — lo. That the deed of municipal sale must not only ^e registered, but that the purchaser must also take possession icil, without int of the p' " provisions u. idence ot the t be trausiP'L nty council lo ) which fluch lys next after isurer of the a special no- mch lands, of it forth in the surer of the lay of the ad- be3n brought isions of the sthe irievoca- ing the certifi- le payment of ime, nave be- ration of two orporation of lits of which ), s. 18.) The le corporation r, in the pre- I minute form Jgistered with 'den or of the ,!e must not only take possession MUNICIPAL CODE. 265 lOll* The costs of the uced of sal- and of Iho re- , jstralion thereof, are payable bv the purchaser, and are exigible berore tne deed is signed. t ■^ 1013. All the rights acquired ty the purchaser ■| pass to his heirs or legal representatives. 1013. (.45 amended by 39 Vic, c. 29, s. 19.) The sale made under the provisions of this chajter is a title which conveys the ownership of the land adjudged, ai.d it vests in the purchaser all the rights of tl^? ori- ginal owner and purge? the land from all privileges and hypothecs whatsoever, to which it may be subject, except clairus to constituted ground rents, to seigniorial rights and ♦.o rents substituted therefor, and the amounts for which such land may be encumbered fo- the payment of municipal debentures issued in aid of railways and other public undertakings, either before or after the coming into force of .ais code ; and except also, the rights of trustees for the amount of any assess- ment imposed on such land for defraying the cost of building or repairing any churc'i, vestry, parsonage or cemetery, prov' 'ed that at least eight days before such sale, the chairman of the ti ustees has lodged \. ith the secretary-treasurer of the county, whose duty it is to make such sale, a statement attested under oath, before a justice of the peace, and establishing the amount of such assessment for which the land is liable. In all c&«es, however, in which the land in question has been adjudged and sold before the issue of letters- patent from the crown, such sale merely vests in the purchaser the right of pre-emption or other rights al- ready acquired ii\ relation to such land. of the property.— 2o. That the purchaser from an original propri- etor who has taken possession of the property and has had regis- lered his deed of sale shall not be troubled iii the property, pos- sessiou and usage thereof by a purchaser, at a miinif.i".Q! F.a!" "'!*" has not had his title registeVed"^ and has not taken possessieaof liie properly.— Gaya vs. Pellerin, II Revue Legale, 44. TVf^l^i^miiiiumm 'll! :i s. I "Ji. ;•! ■Y,i 266 MUNICIPAL CODE. 1014. If the Idnd sold does not exist, the puichaser IS merely entitled to recover the sum paid by him, with interest at the rate of fifteen per cent per annum. If the adjudication or sale is declared null on any demand brought to set aside the same or in any other cause or contestation, the purchaser can only exact re- payment of the purchase money paid by him, together with the expenses of necessary repairs and of improve- ments which have increased the value of the land up to such value, unless he prefers to remove the same, v/ith inte»'est upon the whole amount reclaimed at the rate of fifteen per cent per annum. 1015. The action to annul a sale of land made in virtue of the provisions of this chapter, or the right of calling in question the lawfulness thereof, is prescribed by two years from the date of such adjudication. This right may be exercised by the creditor before any competent court in any manner which he deems desirable, article 100 of this code to the contrary not- withstanding. 1016. If any land described in the Kst published under article 999 is advertised to be sold by the sheriff, the secretary-treasurer of the county council cannot sell such land, but must, without delay, transmit to the sheriffs statement of the sums due for taxos and cost of advertising, on account of such land, which sums are paid out of the proceeds arising from the sale made by the sheriff. 1017. Nevertheless if on the first Monday of March the proceedings of the sheriff on the .ale have been discontinued, the secretary-treasurer may sell the land in the usual manner. lOlS. The municipal corporation, in the interestof which the sale of any land by the secretary-treasurer of the county ought to be made, may, in the case in which such land is advertised to be sold by the sheriif, ! ', t MUNICIPAL CODE. 267 and the proceedings are suspended, intervene in the cause and ask and obtain the adoption of any step hav- ing for object the rendering of a final judgment. I *^^^* J^^ demand to set aside or to annul the sale made m virtue of these provisions and any action to enforce any claim arising from such sale can be insti- I tuted oi^y against the municipal corporation, the coun- cil or officers of which are in default. 1020. The sale made under the authority of the I provisions of this title may be rescinded, and annulled with the consent of the municipal corporations inter- ested, thv3 ovi^ner and the purchaser. 1021. No land sold in default of payment of taxes under the authority of the provisions of this title, can De resold under the authority of the same provisions in the month of March of the following year. I the sale made CHAPTER SECOND. REDEMPTION OF LANDS ADJUDGED. , .^^22. The owner of aay land sold under the pro- visions Of .he preceding chapter, may, within the two years next followmg the day of the adjudication, re- aeem the same, by reimbursing to the secretary-trea- Sh S^i ^^J'^'"'^- ^^ ^^/ ^^"?*y municipality in which such land is situated, the abount lai 1 out for He purchase of such land, with interest, at fifteen per ent per annum, every fraction of a year being reckon- |eQas a year. " - 1023. Any person, whether authorized or not may redeem or recover such land in the same manner' out only iq the name and for the benefit of the person I"no was tne proprietor thftrp.nf at. th« t\m^ zif *u^ imiidication. ^ '' """" "' "^^ immm ■HMa I 268 MUNICIPAL CODE. ' When the redemption is made by a person not spe- cially authorized, the secretary-treasurer, in the receipt which he gives in duplicate, sets forth the names, qua- hty and domicile of the person who effected the re-j demption. Such receipt entitles the person mentioned therein I to be reimbursed the amount paid by him with interest] at the rate of eight per cent, and secures him a privi- leged hypothec, ranking next after municipal taxes, on | the land in question, for the reiniOursement of such mo ".ey, after being registered in the proper registration! division, any provisions contained in articles 1994 and 2009 of the civil code to the contrary notwithstanding. 1034. The secretary-treasurer must, within fifteen | days after the redemption is effected, give special no- tice thereof to the council of the local municipality ini which such land is situated and ta the purchaser, and, on demand, remit to the latter the amount paid into his I hands, less two and a half per cent on the purchase | money, for his fees. 1025* The purchaser may compel the owner, or the person who redeems the land in the name of the owner, to indemnify him for all useful repairs and im- provements made by him on the land so redeemed, un- less he removes the same, and also to reimburse him the amount of the taxes paid, and of the public or mu- nicipal work performed on account of such land, j interest on the whole at the rate of fifteon pei* cent per] annum, every fraction of a year being recLi v^i : a year. This claim bears a privilege in favor of iho purcliaser upon the land in question. The purchaser may retain possessioi; oi tht land re- deemed until payment of such claim. MUNICIPAL CODE. 269 BOOK THIRD. SPECIAL PROCEEDINGS. }L iho purchaser 01 tht land re- TITLE FIRST. EXECUTION OF JUDGMENTS RENDERED AGAINST MUNIG}' 4.L CORPORATIONS. 1036. Whenever a copy of a judgment, condemn- ing a municipal corporation to pay a sum of money, has been served at the office of the council of such (cor- poration, the secretary- treasurer must forthwith pay the amount thereof out of the funds at his disposal, on the authorization of the council or of the head of thn council according to the rule laid down in article 160. 1027. If there are no funds, or if those at the dis- posal of the secretary-treasrrer are not sufficient, the council must, immediately after the service of the judg- ment of the court, order the secretary-treasurer, by a resolution, to levy on the taxable property f.l the muni- cipality, liable for such judgment, a sufficient sum to pay the amount due with interest and .osts. 1028. The court vhich rendere'! the judgment may on petition, presented either in te^m or in vaca- tion, grant, from time to time, to *^"^ luunicipal cour cil, any delay which it deems t ..ossary to levy the amount of money required. 1029. If the jud '^ment has not jjeen satisfied with- in two months after the ser^-^co thereof at the office of the council, or at the expiration of the delav granted by the court or agreed upon >y the parties, t!ie person inwhofe ia/or fuch judgrreht was rendered, or his attorney, may, on prociucii j the return of the service of such judgment at the o^^^^ of the council, and on a 1110 MUNICIPAL CODE. I 'requisition in writing for such purpose, obtain the issue of a writ of execution from the court against the corporation in default, returnable before the same tri- bunal, so soon as the amount of the judgment and <;osts has been levied. i030. Such writ is attested and signed by the clerk or prothonotary, sealed with the seal of the €ourt, and addressed to the sheriff of the district in which such municipality is situated, who is enjoined by the same among other things : 1. To levy from the corporation, with all possible despatch, the amount of the debt with interest and costs of the judgment as well as of the execution ; •2. In default of immediate payment of the corpo- ration : ^ To apportion the sums to be levied on all the tax- able property in the municipality liable for such jiid''- ment, in proportion to its value as it appears by the valu?' - roll, with the same powers and obligations and .■ the same penalties as the councils and the secrt treasurer to whom he is by right substituted for the levying of such money. If the JT-dgment has been rendered against a countT corporation, to make forthvv^ith an apportionment on all thr local corporations of the county, and to trans- mit immediately a copy to the office of the council of each of such corporations. To prepare without delay, and at the same time as the apportionment in the case mentioned in the pre- ceding provision, according to the rules pr 6C'\. )ed hy article 955, a special collection roll for each \ .^nl mu- nicipality in which money must be levied under the authority of such writ, To publish such special roll in the municipahty, in the manner required by article 960, To exact and levy the amounts entered on the MUNICIPAL CODE. 271 fht substituted special collection roll, in the manner and within the delays prescribed by articles 960 and 961, 111 default of the payment of such amounts by the I persons who are bound so to do, to levy the same with costs, on their movable property, in the manner I prescribed by articles 962 to 970 inclusive, To aell the real estate liable for such amounts, in delault of their payment, on the first Monday of the following March in the manner and according to the rules laid down in the foregoing title, after ha vino- given the pubhcations and notices reauired bv the I provisions of the same title, 3. To make a return to the court of the amount 7i ? V °? ^^^ proceedings, as soon as the amount ot the debt, interest and costs has been collected, or I irom time to time as the court may order. 1030a. If the judgment has been rendered on de- I Ventures or coupons issued in virtue of a by-law made Dy a county council, in conformity with article 974 of this code, or of any special act to the same effect as sucti article, the apportionment to be made by the snerilT shall be in accordance with the terms of such cy-law, and in the S9me proportion as the apportion- ment made by the county council under article 974- and 111 such case mention shall be made both in the judgment and the writ of execution that the county corporation has been condemned in virtue of such by- Irlp^?^*'..'^^® sheriff is bound to execute without Sif^ '^^.P^^'l^^^^^y ^^ ^y ^is officers, all the is?' ^^/"J^^ ^^^^ °^' 0^ ^"y other order subse- ?emains "^ ^^"^* ^^^'"^^ ^^^^^^ ^® ^^^^^ 1032. The sheriff has free access to the registers • dennsito;i" 'l'\i' "■^'^'^''^"" ^^'^^ ^^^^ ^''"er aocunients ut^posited at the office of the council of every munici- ' : :,'rp 272 MUNICIPAL CODE. I:<' 1 ' {, 1 t s 1 * " i !■ . ' -.t ■ 1 I P'I'M "ii pality in which he must levy money, and he may demand Ihe services of the municipal officers of such council under the ordinary penalties. 1033. He must take possession of all the valua- tion rolls and othnr documents which are necessary to him in the execution of the judgment and orders of the court. On the refusal or neglect of the municipal council or its oflicers to deliver up such documents, he is au- thorized to take possession thereof. 1034. If it is impossible for the seizing officer to obtain the valuation rolls, which should serve as a basis for the collection of the moneys, or, if there are no such valuation rolls, the sheriff must without delay proceed to make a valuation of the taxable pro- perly liable for such judgment ; and he is authorized to base the apportionment or the special roll for the collection of the moneys to be levied on such valua- tion as if it were the valuation roll in force for such municipality. The costs incurred in making such valuation are taxed by the court from which the writ issued, form i part of the costs of execution, and are recoverable] from the local corporations in default. 1035. The sale and adjudication of real estate hy the she-iff,in default of payment of the amount speci-l lied in the collection roll made by him, have no other effects than those mentioned in the preceding citle. ! The deed of sale of the land is given by the warden j of the county municipality in which such landiJ then situated, in th«^ maaner prescribed in the precefl- iui? title, at the enpiration of tw:> years, if the redemp- tier of the same has not in the meantime been effected. 1C30. The fees, costs and disbursements of tii^ MUNICIPAL CODE. 273 fficers of such ent and orders sements of tii^ sheriff are taxed at the discretion of the iudfre of tha court Irom which the writ of execution issued 1037. The sheriff must transmit a copy of his sne TherTo Te'Ls t'.'"' '"^ '''''' ^''' ^' ^«~t wnereoi he lias taken possession, to the office of thp coLincii to which it belongs, after having levied the whole amount set forth in the writ of^exliution together with interest and costs. execution, lOS^. Arrears due, in virtue of the aoDortionmpnf or of the special collection roll of th^shS beir/^i he corporation, on behalf of which they oS?o^be vied, and may be recovered by such corpSon in the same manner as any other municipal t^x ' If any surplus remains in the hands of the sheriff it belongs to the corporation. ™ " m}^'^^:. V^^ corporation, against which any judg- ment has been rendered, ordering the payment of any sum ol money, holds property in L^own name such property may be seized and taken nTxecut?on proceduri'"''^ "'''''''' prescribed in the code of civU 1040. The sheriff may obtain from thp cmivt n.^rr lewcution of the writ which has been addressed to hh?r?l*'i^ ?i!5' '*"'* advertised to be sold by the heriff under these provisions, is advertised to bT-old Im T^f "^^^ '^y 'lie secretary-treasurer of he wih?:\ ^' f fo' T""^ '''^ '^^ '^"'^' ^''' nf-Lt forth' Md cos s wh .h ? .^'le'-'ff a statement of his claim im„ . ', ^""'" Statement must be added to ihs Ci'.*:^4™«^ ^y.""* ^"^""ff and levied by h°J at I uc ....,,,ic winu ab SUCH amount. 18 ' ; ' 274 MUNICIPAL CODE. '<,«' TITLE SECOND. RECOVERY OF PENALTIES IMPOSED IN VIRTUE OP THIS CODfi. CHAPTER FIRST. '1 I . GENERAL PROVISIONS. 1042« Penalties imposed by municipal by-laws, or by the provisions of this code, are recoverable either before the magistrate's court of the county or before the circuit court of the county or district, within the limits of which they have been incurred, or before any justice of the peace residing in the municipality, if there is one, if not, before any justice of the peace re- sident in a neighboring municipality in the district. (1) « 1043. All penalties incurred by the same person may be included in the same suit. 1044. Whenever, under the provisions of this code or of municipal by-laws, a penalty is imposed for each day during which the same are contravened, such penalty can be recovered for the first day only, unless special verbal or written notice has been given to the person contravening the same. If such notice is given the penalty may also be recovered for each day there after on which such contravention continued. 1045o Every suit for the purpose of recovering such penalties must be begun within six months from (1) Held:— That in an action instituted under arts. 398 and 1042, M. C for the value of work done on a by-road, a justice of the peace, residing in a municipality other than the one where the defendant resides, has no jurisdiction, if it does not appear DJ' the record that there is no justice of the peace in the municipality where the defeudaul resides. — Lambert & Lapalisse, VI /iti''"^ Legale, 65. * u MUNICIPAL CODE. TUE OF THIS e same person 275 PALISSE, V I iltf'"- the date when they were incurred, after which period tiie same cannot be brought. wuxcu perioa 1046. Such prosecution may be brought bv anv ?oT"n X nal' Tf."^"^^' -^^ ^T '^^^^^^^^ "hi council in the name of the municipal corporation. (1) of ^w.f7:^ ^"^ suit brought in virtue of the provisions witness ^' """^ ^' ^''^^^^ ^" ^^^ ^^*h «f o/e credU)le bv^lfws^nr^ho^^^'^'-'^^^^'^Tl^^^^^t^e Of municipal Dy-laws or the provisions of this code, belong unless * i^^o^^^^wise provided, one-half to he Tosecntnr and the other half to the municipal corpora^'' If the prosecution has been brought in the namp nf forpoSn!"""' "^^ ^^°*^'y ^^'""8^ wholly" to the whUJ to^thSJIeX'.^;!^ '^'^'''''^' " ^«'-«^ 104». (,45 amended by 39 Fee. c 2Q ? 91 \ Tr. /i« wie costs, within fifteen days from the rendering nV fho judgment, the property of \he person so co"dlmnld! s el' c"l9''c~S°V That under art. 1046, M. C, as well as under ^i::p:546; "" """-^«^^^*^ t^^-. iMorisette, V Quebec Law f '! , •I" ',, ; ! J 1 1 j 1 1 H i ■ f > 4 I ' ' ' . lit L < 276 MUNICIPAL CODE. shall be seized and sold, up to the amount of the pe- nalty and costs, and in default of property sufficient, lh(> person < ondemned shall be imprisoned for any time not exce 3ding thirty days, whicti imprisonment ends, however, on payment oi the sum due. Such imprisonment discharges the person who un- dergoes il iVom Lhe obligation of satisfying the judg- ment against him. 1050. [As amended by 39 Vic, c. 29, 5. 92.) The plaintiff or thf complainant, whose demand or com- plaint has been dismissed with costs, is bound to pay the costs, under penalty of seizure or of imprisonment in the manner and within the delay prescribed i. the preceding article. 1051. Articles 1045, 1046, 1048, 1049 and 1050, do not apply to suits brought to recover moneys whtch, according to the provisions of this code, may be reco vered in the same manner as the peaaliies imposed by this code. CHAPTER SECOND. OF PROSECUTION BEFORE JUSTICES OF THE PEACE. 105!3« Prosecutions brought before justices of the peace, in virtue of article 1042, are heard and decided by them, according to the usual rules of procedure laid down respecting summary orders and convictions, ex- cept in so far as the same are inconsistent with the provisions of this title. 1053. Such suits need not be begun by the affida- vit or deposition on oath of the plaintiff or complainant, provided always that the purport of the complaint or demand is sufficiently set forth in the writ or in a de claration annexed thereto. -i^r^^. Thp rprnrr! nf fivprv suit must be remitted MUNICIPAL CODE. t I by the person in whose custody the same is, to the jus- lice of the peace, upon his order, in cases where there is an appeal from the 'dgment to the circuit court. 1055. There must be an interval of at least two juridical days between the day of the service of the summons and that of the return. 1056. On he day of the return of the summons or of the warrant, the justice of the peace w^ho has signed the summons or the warrant, may hear and decide Ihe case alone. He may nevertheless require the assistance of any other justice of the peace having jurisdiction within the district. 1057. The returns of service made by a bailiff are given under oath of' office. 105S. The justice of the peace or the cierk must taive notes of the important parts of the evidence. These notes signed by the sitting justice of the peace are part of the record. 1059. The judgment of the court may be executed at the expiration of fifteen days fronl the date thereof. 1060. Any constable or police officer may, and must, if he is so required by the head or by any other member of the council, or by ^he council ' jlf appre- hend or arrest at sight all persons found contravening the provisions of any municipal by-law punishable by fme, if it is so ordered by the by-law, and bring them before any justice of the peace to be dealt with accord- ing to law. TITLE THIRD. '^ APPEALS TO THE CIRCUIT COURT. ^ 1001. [As amended by 39 Vic, c. 29, s. 23, by 41-42 Vic, c. 10, s, 36, by 43-44 he, c. 28, s. 1, and by 44-45 IMAGE EVALUAirON TEST TARGET (MT.3) / O %>\% V '% t % L<* f/j u.. 1.0 I.I i.25 ^ 1^ 12.2 ii 1^ 11 2.0 1.8 1.4 !l.6 6" n A o '■^',^^/ ^t/*.'^ /A Photographic Sciences Corporation ■ i : ,. i 1 ^t:: ' ■ " ■ 1 ■ K - i ■■ .'j k « manding the |ustice of the peace or one of the justices of the peace Dy whom such judgment was rendered or their clerk, or the office of the council if a decision of a county council is in question, or the secretary of the board of delegates if the appeal is from a decision of such board, to transmit the record in the cause. 1067- Ms amended by 39 Vic, c. 29, s. 2.) A copy of the writ of appeal certified by the clerk or by the appellant's attorney together with a notice of the day when it will be presented to the courL, must be served Withm the thirty days next after the rendering of the judgment, on the respondent or his attorney, and on the justice of the peace, or on one of the justices of the peace, who rendered the same, or on their clerk or at the office of the council if the decision of a county council is in question, or on the secretary of the board of delegates if the decision of such board is in question (1). 106@. Between the day of such service and that fixed for presenting the petition in appeal to the com:, the justices of the peace, or the secretary- treasurer or secretary as the case may be, must transmit Ihe re- cord in the case to the clerk of the circuit court, with a certificate testifying that the documents transmitted are all the papers, documents and evidence relating to the case. ° 1069. The execution of the judgment from which an appeal has been instituted is suspended until the decision of the circuit court, if a copy of the writ of appeal has been served, within the prescribed delay, upon the justices of the peace, or upon their clerk, or at the office of the council if the appeal is from a (1) HELDj---That the writ of tppeal, under article 1067 of the Municipal Code, from a decision of a board of delegates homolo- gating a procds-verbal, need not be served on the parties who petitioned for the work ordered. — Cant well vs The Corpo- ration OF THE COUNTY OF Ghateauguay XXIII L. G. J , 263 2 1 MUNICIPAL CODE. 281 question ; in deS tiilLT,hl '^^i"" "eo^ions is in carried into effect "'*'*°^,"»« judgment may be 1070. (As amended by 39 Vie. c 24 t 9i ti., of appeal must be returned in iC' if • ' r' ^"^ ^"' before the first iuridSdlv i?,V ."''^''"i',<=°"" <"> or expiration of i^rfortydaJs after h™ '^^""^'"e ">« rendered, in defaultTertWa'jL'al Csl^' "^^ , toiiiff estabiishinK Sssary'^servtr'"™ °^- •^'^^ setting out sumniarilv thp iltfo L .1"^^ ' ^ Petition : of th/iudgmenTthe 'L'h eSen' hi Sitv ? '^'-^ shed, the prounds nf annoQi , lu - , ^^^^"ty lurni- for the s.r.i"ng a side T'^l\nZ^ZtfT ^^'^^^ I denng of thatVich ought lo tTenSd Jl) "*' '^"■ tethe appeal isfrom the recSof a conm^l""- cil or board of delegates. "°° oi a county coun- subs?7n?i;71'„®''"r^'"l"' *J" ^ set aside only when a suDstantial injustice has been committeH La„ ty reason of any trifling variance orTn&alify"''""^ «gular in the firfnsmnce ' "'°"«'' " ^^^ "eeii 1078. If the judgment is confirmed, the record in IPill I ^ iniipiit 282 MUNICIPAL CODE. h-: ,.: ■I<^i ' 1 ■ ? .. J ' .1' 1 , ^ ■ : 1 ' i ' 1' It !! -•;<:. r ► ;,; ,'. t the cause together with a copy of the judgment decid- ing the appeal and a certificate of the costs allowed ori the appeal, must he transmitted without delay to the court below, under the* authority of which all the costs incurred, including those in appeal, are levied. If the decision from which the appeal has been ins- tituted has been rendered by a county council, or by a board of delegates, the costs are levied under the authority of the court which pronounced on such appeal. 1074. If the judgment is modified in whole or in part, the record and all the procedure remain in the archives of the circuit court, save in the case of article 1079, and the judgment pronouncing on the appeal is carried into effect under the authority oi such, court. lOTS. Every appellant who neglects to make the service required by article 1 067, or, who having made the same, neglects effectually to prosecute the appeal, is deemed to have abandoned such appeal, and the court, on application by the respondent, must declare all the rights and claims founded on the said appeal, forfeited with costs in favor of the respondent, and orders the transmission of the record to the court below. lOT^B 'he sureties are bound to satisfy the judg- ment under penalty of seizure and execution, and in the same manner as the principal party, fifteen days after service of the judgment upon them. lOTT- No appeal lies under the provisions of this title from any judgment rendered by any judge of the superior court or any district magistrate respecting municipal matters. (1) (1) Held r—That under art. 1077, M. C, there is no appeal of judgments rendered by the circuit court in municipal matters : That evocation can be made from the circuit court to the supe- rior court, in virtue of art. 1058, C. G, P., only in cases where the MUNICIPAL CODE. 283 nt?^^?* No judgment, decision or conviction snscei> tible of appeal under this title, ^nd no judi?ment or conviction rendered by a district magistrate, can be removed by certiorari to the superior or circuit court 107». AH the documents produced by the couniv council or by the board of delegates must be transmit- ted to them after the judgment in appeal is rendered, together with a copy of such judgment. " Exceptional Provisions. 1080. (As amended by 41 Vic, c. 18, s. 38, by 44-45 hc.,c. 22 s 6, and by 45 Vic, c 35, s. 33.) In the muni- cipahty of the town of Sherbrooke, in the local muni- cipahties of the counties of Gompton, Stanstead, Brome, Missisquoi and Richmond, excluding there- from the municipality of St. George of Windsor and m those of the county of Shefford, excluding the muni- cipahties of Milton and Roxton, and the municipality of the township of Leeds, in the county of Meganlic and the county of Huntingdon, except the municipa- lity of the parish of St. Anicet, all works on municipal roads and bridges are executed at the expense of the corporation in the same manner as if a by law was. I passed to that end under article 535. The councils of these municipalities may, bv a by- law or resolution, ordain that the tax imposecl fSr such works be commutable into statute labor according to a [scale or tariff at a fixed rate. ^ The councils of these municipalities may make nor the making and maintenance of the fences alone py-roads, such provisions as they may deem the most just, either by compelling the proprietors of the ad- K^"?^*^ ^® ^"""^^^ "°^®^ »^- ^054 of said code, and that if nn.Pnl^*''''^^^'\'"^°^*^*"l«d before the circuit court an olnnr'^'^i^^'S^*^" judgment of said court.-LA Gorpor^ TION DD GoMT6 DE DrUMMOND VS. La CORPORATION DE LA PaROISSB I^E St. Guillaume, IV Revue Uaale. im. ^-aroissb F»WH—W^ II l- 284 MUNICIPAL CODE. ! ■ ( M I jacent lands to do the same, or in any other manner* m default of any provisions being made, article 77^ applies ; The councils of these municipalities may by proch- verbal^ define the time during which any by-road shall be built, without it being obligatory on the corpora- tion to build any particular part of such road in any special time. 1081. [As amended 6y 35 Vic. c. 8, s. 9, anrf by% Vic. c. 21, s. 33.) The councils of the following local municipaliti( ^ possess the functions and powers con- ferred upon county councils, in additioifi to those con- ferred upon local councils, and they do not form part of the county municipalities withm which they are situated. The municipality of the parish of St. Pierre de la Poinle aux Esquimaux ; The municipality of Ste. Anne des Monts, and The municipality of the Magdalen Islands, in the county of Gasp6 : The township of St. John ; The municipality of Hebertville ; The municipality of Roberval, and every municipal- ity formed hereafter to the west of the townships of I Kenogami and Lartigue, in the county of Ghicoutimi, so long as there are not five municipalities to the west of such limits ; The municipality of Tadousac, and the municipality j of Escoumins, in the county of Saguenay ; The municipality of ITsle aux Goudres, in the county | of Gharlevoix ; and The municipality of Crane Island, in the county of | Montmagny. As soon as five municipalities shall have been formed | in that part of the county of Ghicoutimi, to the west jf.' MUNICIPAL CODE. 285 of iS^. Pierre de h , in the county of and south-west of the townships of Kenogami and Lar- tigiie, such five municipalities and those which may be formed subsequently to the west and south-west of such limits, shall compose the county council No. 2 of the county of Ghicoutimi ; and all the municipalities si- tuated to the north, the east and the south-east of such limits shall compose the county council No. 1 of Ghi- coutimi, the municipaUties which shall be hereafter formed to complete the number five above mentioned, must be established by the Lieutenant-Governor, oii petition to that effect. The county of Montmorency continues to form two distinct county municipalities, as follows : the local municipalities of that part of the county which is situ- ate on the north shore of the river St. Lawrence, form a county municipality under the name of the ^' muni- cipality of the county of Montmorency, number one, " and those of the Island of Orleans form another coun- ty municipality under the name of the " municipality of the county of Montmorency, number two. " 1083. The council of the municipality of the pa- rish of St. Romuald of Etchemin possesses all the powers, conferred on the council of a village munici- pality, in a dition to those of a council cf a parish municipality. 1083. Nothing contained in this code is deemed to repeal chapter sixty-two, 22-28 Victoria, conferring certain powers of a county council on the municipal councU of the parish of St. Golomb of Sillery, in the county of Quebec. 1084. The municipality of the parish of St. Ger- mam in the county of Drummond, shall hereafter be Knovi^n by the name of -Uhe municipality of the Parish of St. Germain de Grantham. " I have been formed ■ .1084a. {Added by 36 Vic, c. 21, s. 34.) The muni- utimi, to the west H cipality of the parish of St.' Roch of Quebec South, *286 MUNICIPAL CODE. 4 if,f= s ski I -^ it 1^ shall be hereafter known as " the municipality of the parish of St-Sauveur de Quebec. " 10M5. In the municipality of the Magdalen Islands, in the couhty of Gaspe, the poll for the general mnni- cipal elections in case of contestation, is not held on the day laid down in article 311, for the meeting of municipal electors, but is held on the fourth Monday, in the month of January, at ten o'clock in the fore- noon, and on the following day, in the case set forth in article 322. In addition to the poll held at Amhurst Harbour, the chief place of the municipality, a poll must be held for the same purpose at each of the following places, at Etang du Nord in Grindstone Island, at House Harbour in All Right Island, and one in the Island known as Grosse-Isle. The additional polls are held by persons appointed for each election by the council. Such persons have the same rights and powers, and are subject to the same obligations and penalties as the presiding officer ^t an election. The electors can only vote at the poll held in the Island in which they are domiciled or at the poll assi- .gned to them in virtue of the following provisions. The inhabitants of Entry Island vote at the poll at Amhurst Harbour, those of Wolf-Island at the poll at House Harbour, and those of GofTm and Bryon Island, at the poll at Grosse-Isle. The provisions of this article apply also in the case •of a by-law being submitted for the approval of the municipal electors. Final Provisions. 1086« Chapter twenty-four of the consolidated statutes for Lower Canada and all amendments thereof: MUNICIPAL CODE. 287 unicipality of the Magdalen Islands, the general muni- on, is not held on for the meeting of le fourth Monday, 'clock in the fore- the case set forth imhurst Harbour, , a poll must be of the following dstone Island, at d, and one in the persons appointed luch persons have ire subject to the e presiding officer 3 poll held in the or at the poll assi- ing provisions. vote at the poll at and at the poll at md Bryon Island, ly also in the case le approval of the the all consolidated amendments Every municipal act, whether special or general and Its amendments, respecting corporations and mu- nicipalities, v^'hether of a county, of a parish of a separated tov^mship, of united townships, of a part of a parish or township, of a village, or of a town, save and except the cities and towns exempted under ar- tide 1 ; Chapter twenty-hve of the consolidated statutes for Lower Canada, chapter eighty-four of the consolidated statutes of Canada, sections seventy-five, seventv-six and seventy-seven of chapter sixty-six of the consoli- dated statutes of Canada, chapter eighteen of the sta- tutes of the heretofore province of Canada, 27-28 Vic- toria, and chapter twenty-six of the consolidated sta- tutes of Lower Canada, intituled : '' An act respecting abuses prejudicial to agriculture " and its amendments, ill so far as they relate to corporations governed bv this code ; ^ And all other laws of the province in ' '' ,he tune of the coming into force of this code .. ^al- ed in all cases : In which there is a provision therein pressly or impliedly that effect ;— in which su. i are contrary to or inconsistent with any provision herein contained;— and in which express provision IS lierein made upon the particular matter to which such laws relate. Except always that as regards transactions, matters and things anterior to the coming into force of this code, and to which its provisions could not apply without having a retroactive effect, the provisions of aw, which, without this code, would apply to such transactions, matters and things remain in force and apply to them, and this code applies to them only in so lar as it coincides with such provisions (1). JX?^^^ :--That county councils have, as well as local -oun- nannrr^M\P?f ^^'^^^ prohibiting the sale of intoxicating: iicruors, — that the ten first sections of the 27-28 Vic r 1« S>! ^;? I '288 MUNICIPAL CODIS. • I • + i, ^' w I 10^7« This code shall come into force on a day to be fixed by proclamation of the Lieutenant-Governor in council ; and it shall from such period, have force and effect, any law to the contrary notwithstanding, derogating thereby from section ten of chapter seven of the statutes of^Quebec, passed in the thirty-first year of Her Majesty's reign, and shall be known and cited under the name of " The Municipal Code of the Province of Quebec. " (Temperance act of 1864) have not been abrogated hy art. 1086, M. C. ; — Hart vs La Corporation de Missisquoi, I [I Revw Legale. 170. Held :— That the local corporation who orders the sale of lands for taxes, etc., and the county corporation who sells them at its demand, are equally responsible and garantes of th^^ illegalities and mistakes of their reopective secretary-treasurers towards the purchaser. In the present case, the two corporations pleaciing themselves these irregularities and mistakes of the county corpo- ration depositing in court the price of sale, the action en garaniie of the purchaser must be maintained and the sale annulled even after the two years elapsed since the date of the sale.— Bartley vs Boon, XIX Lower Canada Jurist, 10. The municipal code of the province of Quebec has not totally abrogated the provisions of the temperance act of 1864.— Sauv6 vs The Corporation op the county of Aegenteuil, XIX Lower Canada Jurist, 119. force on a day to manUGovernorin 3riod, have force notwithstanding, I of chapter seven n the thirty.flrst all be known and icipal Code of the rogated hy art. 1086, ssiSQuoi, I [I Revue lers the sale of lands who sells them at its lies of th!^ illegalities easurers towards the iorporalions pleaciing of the county norpo- le action en garanlie e sale annulled even f the sale. — Bartley ebec has not totally Jtofl8e<4.— Sauv^vs :NTEUiL, XIX Lower MUNICIPAL CODE. 289 APPENDIX. FORMS. No. 1. Forms in connection with articles 108 144 m and 366. ' ' ^ OATHS OF OFFICE. Province of Quebec, Mu .jipalityof day of the month Svvorn this of tb ftt {place) before me the undersigned (warden, mayor or justice of the peace.) J. U. A. B. . Province of Quebec, Municipality of rf „, m' '°'" "" "'" well and faithftjlly dlschario ih« ,l..ti.. Sworn, etc. J TT A.. B. C. D. E. P. G. H. 19 *■ ■^ ■' w j i 1 . ' *■ ', » 1 i- !-v ^' t ■» "h i I- t ■ 290 MUNICIPAL CODE. No. 2. Form in connection with article 224. SPECIAL NOTICE IN WRITING. Province of Quebec, Municipuiily of To Joseph B. Sir, , , . J T Special notice is hereby given you by the undersigned, L. M., Knam^ and style of the undersigned) that (the object of the spe- "' Givefthis day of the month of eighteen hundred his L. M. (style,) or L. i' M. mark affixed in presence of N. 0. ^5 • Witness. \t ;.j:h , No. 3. Special Notice, convening a special session ofihe council, in connection with article 126. Province of Quebec, Municipality of To 0. P., G. J., P. Q., M. N., etc. councillors. Gentlemen, Special notice is given you by the undersigned, A. B., (warden or mayor or secretary-treasurer, or by the undersigned > . 0. and C D councillors) that a special session of the council of Uiisrau. nicipality is hereby convened by me (or by us) to be hell at the usual place of the sittings of the council, on the ^^ ^ of (month) instant, (or next,) and that the following subjects will then be taken into consider- ation, viz: -^, n » lOrdei'softheDay.) Given this day of the month of eighteen hundred ^- ^* J N. 0., councillor. (style), or -< ^ „ _-.._„;iinr I N. 0., councillor. ^^ T^ — ^-« ■-» r»< n At* MUNICIPAL CODE. No. 4. Notice of the adjournment of a session; form in connection with article 139. 291 To Sir, . Province of Quebec, Municipality of 0. P., councillor, To ■1 luvinue ui Municipality of of a quorum, until the "*' "'"" ""J""™*" {["ll "L« "bsence^ hu'rad""' day of the month or eighteen N. P., Secretary-treasurer. No. 5. Special notice given to several persons at once. Province of Quebec, 0. p., councillor, C, J., councillor, P. Q., councillor, R. L., councillor, M. N., valuator, etc. Gentlemen, i^':f^i^, etf ^ ''"'"' ^^" "y ™' N- J-. (%te, tha, ^iltrn'htdred ""y ""he month .f N.J. NO. 6. Form in e--ction with^^^^^^^^^^ 219 and 220, CERTIFICATE OF THE SERVICE OP A SPECIA. NOTICE IN WRlTINa. Province of Quebec, Municipality of ' ■M;H 292 MUNICIPAL CODE. w if'- ■ ! : ing on the other side hereof (or annexed to these presents) upon (name of the person to whom the notice is addressed) by person- ally delivering to himself a copy thereof, — or by delivering it unto a reasonable person of his domicile, or of his place of busi- ness,— or by delivering it unto R S., his agent duly appointed, or to a reasonable person at the place of business of R. S., his agent duly appointed, — or by depositing a copy thereof, in the post office of this locality, in an envelope sealed (and registered, the postage prepaid, as the case may be) — or by affixing a copy thereof upon the door {or one of the doors) of his domicile, having found the doors closed, (or not having found any reasonable person in such domicile) between and o'clock in the , on day of the month of eighteen hundred (If the notice is addressed to and served upon several persons, describe how it was served on each person.) In testimony whereof, I give this certificate, this day of the month of eighteen hundred his A. J., (style), or N. f J., mark, affixed in presence ofY.Z., \V itnes3. r: '•;! It' -% Li . I i:\-\\ i 1 No. 7. Form in connection with article 220. CERTIFICATE UNDER SPECIAL OATH. Province of Quebec, * Municipality of I, the undersigned, P. T., (style) domiciled in (domicile) being duly sworn, do depose and say : that I served the within special notice in writing (or the special notice in writing hereunto an- nexed) upon (as set forth in the preceding form.) In testimony whereof, I give this cert.ficate, this day of the month of eighteen hundred his P. T., (style), or P. f T. mark, affixed in presence of N. O., Witness. Sworn this day of *^ ) at (place) before me, the undersigned |. Justice of the Peace (or M^arden, etc.) J H. P., Justice of the Peace. }on several persons, lie, this day of the MUNICIPAL CODE. No. 8. Form in connection with article 232. PUBLIC NOTICE. 293 Province of Quebec, Municipality of To {the persons to whom notice is given ) Public notice is hereby given by N. B. {style) that {the object for which notice is given, and time and place in which the ier- sons summoned to comply with the notice must do so.) Given this day of eighteen hundred his N. B., {style), or N. f B. mark, affixed in presence of N. 0.. Witness. No. 9. Form in connection with article 692. PUBLICATION OF A MUNICIPAL BY-LAW, PUBLIC NOTICE. Province of Quebe«, Municipality of To the inhabitants of the municipality of Public notice is hereby given by A. B., secretary-treasurer; That the council of this municipality, at a session {insert here Uie heading of the by-law) has passed a by-law respecting {object of the by-law, and th day of its entry into effecl, if it enters into force af a time fixed in its provisions.) {If the by-law has been submitted for the approbation of the miimcipal electors and of the lieutenant-governor in council add— \ And that such .^y-law has been submitted for the approval of he municipal electors of the municipality, and for that of the lieutenant-governor in council, in conformity with article— of the municipal code and has been approved by them, in the manner n^n'V 1^ ^^ !u ^ ^^^^ ^°^^i ^° ^^*' ^^ *^« municipal electors at hundJed ^'^ day of the month . eighteen Given this hundred day of the month of Di'irhf-OfiTi N. B.. Sfccretary-treasurer. ' I f> if ,■ 294 MUNICIPAL CODE. ■ f . ' 1 '■ T' - s > 1 ■'! No. 10. Form in connection with article 102. PUBLICATIOiN OF ANY ORDER OF THE COONCIL OTHER THAN A BY-LAW. PUBLIC NOTICE. Province of Quebec, Municipality of To the inhabitants {or other persons) of the municipality of Public notice is hereby given by A. B., secretary-treasurer, that the council has passed the following resolution : (Insert here the whole of the resolution or order passed by the council, with its preamble.) Given this day of the month of A. B., Secretary-treasurer. No. 11. Form in connection with article 220. CERTIFICATE OF PUBLICATION OF A SPECIAL NOTICE. Province of Quebec, Municipality of I the undersigned, N. B., (style,) domiciled in the parish of (or of the township of,) certify under my oath of office that 1 publish- ed the within public notice (or public notice hereunto annexed) by posting up a copy thereof, at each of the following places, viz: {pla- ces where the notice was posted up.) (If it was read in conformily with article 234, add : and by reading the same (or causing to be read) in a loud and distinct manner, at at the close of divine service in the forencoD, on the day of the being the Sunday next after the posting of such notice as aforesaid.) In testimony whereof, I give this certificate, this day of the month of eighteen hundred N. B. (style.) I'lH < ." ..*. "" - No. 12, CERTIFICATE GIVEN UNDER SPECIAL OATH. Province of Quebec, Municipality of 1, the undersigned, N. C, (style,) domiciled in (domicile,) heing duly sworn, do depose and say that 1 have published the public notice hereunto annexed (or the within public notice,) by posting MUNICIPAL CODE. r the municipality 295 viz: {places in conf arm- or causing at the close up a copy thereof at each of the following places, where Ihe notice was posted.) (If the notice was read ily with article 534, add : and by reading the same, the same to be read in a clear and intelligible voice of divine service on the day of the as 'afo Jesafd"f "^'^ """"^ ^"'' *^' ^^^ °^ *^' P"'""^ ^^ «"°^ ""^^'^^ In testirojny whereof, I give this certificate this Hay of the month of eighteen hundred -T ^ his N. C. {style,) or N. f G. mark, affixed in Sworn this day of the month "| of 18 at (place) before me, the undersigned, A. B., justice of the peace (or warden, etc.) A. B. presence of N. O., Witness. * .. . MUNICIPAL BY-LAWS. No. 13. By-law of the county council passed at a general session. By-law No. Province of Quebec, Municipality of At a general session of the municipal council of the counlv of held atjplace) in this county, on Thursday, the day of the month of eighteen hundred m conformity with the provisions of the municipal code of the Provmce of Quebec, at which session were present the warden A B. mayor of the municipality of the parish of S?fhi n/:?-l!r?^ councillors, CD., mayor of the municipality of the parish of e. F., mayor of the municipal ty of h tnwrf nf ^ ^°^ ^; ^" "^^^^^ ^^ ^^' municipality of mt lown 01 forming a quorum of the connVil under the presidency of the warden of the^ council, (or of cd councillor, in the absenc3 of the warden.) ^ ' It IS ordained and resolved by by-law of the council as follows • 1. [Provision of the by-law. 2 I do 3- do. [^eal,] A. B., Warden. or G. D., (President,) l\ I !• v.:^ ( r. if ■ 1 ' 1 i 1 I"' ■ ' : t. ' i» , 'i i *"' " ■ 1 ; 296 MUNICIPAL CODE. , No. 14. By-law of a local council passed at a general session. By-law No. Province of Quebec, Municipality of At a general session of the municipal council of Iname of the parish or township} held at (place) in the said en Saturday, the day of the month of eighteen hundred , in conformity with the provisions of the municipal code of the province of Quebec, at which session were present Mr. Mayor, A. B., and councillors G. D., E. F., G. H., forming a quorum, under the presidency of Mr, Mayor [or of G. D., in the absence of the mayor] ; it is ordained and resolved by by- law of the council, as follows : 1. [Provision of the by-law. l 2. do. 3. do, - . [Seal.] A. B. or G. D., ^' Mayor, (president.) No. 15. By-law of a council passed at a special session. By-law No. Province of Quebec, Municipality of At a special session of the municipal council of convened by (name of the persons who have convened the session) and held 'at (ptace) on Saturday, the day of the month of eighteen hundred in conformity with the provisions of the muni- cipal code of the province of Quebec, at which were present, Mr. "Warden {or Mr. Mayor,) A. B., and the councillors G. D,, E. R, and G. H., forming the quorum of the council, under the presi- dency of Mr. Warden (or Mayor) ; the other councillors I. J., K. L., and M. N., having, after examination, received notice of the convocation of such session ; It is ordained and resolved by by-law of the council, as fol- lows; etc. RESOLUTION OF THE COUNCIL. No. 16.— Form. Province of Quebec, Municipality of At a session, etc., (A^atne preamble as in the case of municipal by-latvs, unto the following words : ) I general session. MUNICIPAL CODE. r'or, (president.) jcial session. e council, as fol- 297 JUS ordained and resolved by resolution of the council, as I. (Provisions of the rewlulions ] ^' ,^ dillo. ' (Warden or Mayor.) President. No. 17. Form in connection with article 149 SURETV-BOND 0, T^E SECREXARVTRKASURER TAKE^' SOUS SEING PRIVE. ^ Province of Quebec, District of • County of the munfcfp/l c'^oun^di of" "'"" .""P"'"!?." '^''■•^'/■•>--"-easurer of of and accepted as the su S s oflhe safd A R*'?"?." "PP™^*" of all sums of money, for which h» fh^, :?-\ '^^"■« Payment mm of secretary^reasurl be, bv Ltsei'f o^' hv '""^' '" "'•' lor whom he s resnonsibln «r-l^n.„i„S ! ' °^. °^ ""y person ^^<>'^ot(mmoflCc?ent of such sums well Of dollars The prices K ^'' '^'^ «"«» f d A. B. a piece of LSd ^c^Sm ?;/, ™?°^'«°«d, viz : the hi ike council and thr-id G n' « ?''^'^'V.'*''*''"«'''« «c6'«/i/e,i ^'movable.) ^^'^ ^- ^- ^ ^'^^^ of land [description of W or any l^r::^ f^'^XT^^,^:^^ 298 MUNICIPAL CODE. holding of his office, is accountable, towards such corporation or person, in principal, interest, costs, penalties or damages, then this bond shall be null ; otherwise it shall remain in full forco and virtue. Witnesses ; (Names of witnesses) G. H. J. H. A. B. CD. B.F. t 'Vi ft ■,.■■''■ ■! : V'' i ii. ; ': •! 1 l^ ^ il ^ ' ^ '; •I 'I? ' t I OATHS OF SPECIAL CONSTABLES. No. 18. Form. I, A. B., do swear that I will well and truly serve our Sovereign Lady the Queen in the office of special constable for the of without favor or affection, malico or ill-will ; and that I will, to the best of my power, cause peace and good order to be kept and prevent all offences against the fersons and properties of Her Majesty's subjects ; and that while , continue to hold the said office, 1 will, to the best of my skill and knowledge, discharge all the duties thereof according to law ; So help me God. A. B. Sworn, &c. WARRANTS. No. 19. Form in connection with article 963. WARRANT OF SEIZURE FOR MUNICIPAL TAXES. The corporation of Province of Quebec, Municipality of vs. vs. A. B., (name of the rate-payer indebted, his domicile.) style and To J. S., (residence) one of the bailiffs of the Superior Court of j the Province of Quebec, acting in the district of Whereas the said A. B. has been required, by the secretary- treasurer of the municipal council of , to pay into his handS; on behalf of the Gorooralion of the sum of , being the amount by him due to the said corpo- ration for municipal taxes, as appears by the general (or special] MUNICIPAL CODE. 299 assessment rol published by the said secretary-treasurer, by notice given on the day of the month of ' ^ eighteen hundred ^ ; and whereas the said A. B has neglected or refused to pay to the secretary-treasurer, within the delay required by the tv~ .icipal code of the Province of QuS bee, the said sum of dollars. Ac, these are therefor InhTJJ^H^lT to seize, without delay, the goods and chattels- of the said A B., which are found within the Ihnits of the muni- cipality; and If within the space of eight days after such seizure, the aforesaid sum, together with the costs of seizure, is not paid you shall sell the said goods and chattels so by you detained and pay over the moneys arising from such sale unto the secre- tary-treasurer, that he may apply the same as by law diracted : and If such seizure cannot be effected you shall certify the same a"tolS^lppertaiS '^"' '^'^ Proceedings may be had therein Given under my hand, this day of the month" of eighteen hundred at dis. trictof "''' N. C, (Mayor) or (Justice of the Peace.y No. 20. Warrant of commitment on view. Province of Quebec, Municipality of To all and any the constables and peace officers in the districi lock-up house, etc.) at in the district of Whereas A B. (name and style,) has, this day, during the- e ection of local councillors for the municipality of lor durirw anu other meeting or proceedings,) broken and disturbed the public^ peace (Acre describe the manner), in the presence and within view of the undersigned, duly appointed to preside at the said e ection {or to conduct such other proceeding) and presiding there-^ at ; and whereas I have adjudged the said A. B., for the said olfence to be imprisoned in the {house of correction, lock-up hou- se, etc.,) for the time and space of days ; These are therefore to command you, the said constables or peace ofiBcers, or any of you, in Her Majesty's name, forthwith to- T^!^}*t^^^i^-^'i^ ^^^ (house or correction, lock-up house. etc.) and there deliver him into the custody of the kftfinftr f.he~nf xogeiher with this order. ' ~' ' And I hereby require you, the said keeper of the {house orcor-^ on, etc.), to receive the said A. B. into your custody in the- M- }ii:l;h; 300 MUNICIPAL CODE. said (house of correction, etc.), and ihere safely keep him until the expiration or the said period ol imprisonment. Given under my hand, this day of the month o*" eighteen hundred , at {place). Z. Y. No. 21. Warrant of distress in virtue of a by-law made under article 599. Th(3 corporation ot vs. Province of Quebec, A.B., To J. S. (residence) one of the bailiffs of the Superior Court of the Province of Quebec, acting in the district of ; Whereas in and by a certain by-law made and passed by the municipal council of at a session of the said coun- oil, held at {pUice) on day, the day of eighteen hundred in conformity with the provisions of the municipal code of the province of Quebec it was ordained (here insert the part of Ike by-law which has been infringed). And whereas, * certain persons did lately, to wit ; on the day of (instant or now last pasti hoid {or give, as the case may be,) a {here slate the nature of performance or exhibition) ; and whereas, A. B., being (the proprietor, etc., a,v the case may be,) (here insert the connection such person may have with tlie performance or exhibition,) has been required by the secretary-treasurer of the said municipal council, to pay into his hands for and on behalf of the said corporation, the sum of being the amount of tax imposed on every such (performance or exhibition); and whereas the said A. B. has neglected or refused to pay unto the said secretary-trea- surer, on his said demand, the said sum of , lawfully imposed on the said (performance or exhibition,) as aforesaid; these are, therefore, to co.nmand you forthwith to make distress cf the goods and chattels of the said A. B., and of all and every the goods and chattels appertaining to the said (performance or exhibition,) or of all or any of the persons connected with such {performance or exhibition) ; and if within the space of days after the making of such distress, the said mentioned sum, together with the reasonable costs and charges of taking and keeping the said distress, are not paid that then Vnil Ha call tho oai/1 rmr\.ir, nr\rt ^Un4-t^..l~ ■ I^. . 1 I J '•' •••••' -='•-• ■■^^•'•-^ 5--r-_"ao aiiu. utiaiicis ou ijy yuu ueiuiiiuu, auu do pay the money arising froi; vuijh pale unto the secretary-trea- surer of the said municipal c« \ that he may apply the' same !l:;-' MUNICIPAL CODE. m keep him until the y-law made under Superior Court of as by law dlrec ed. and may render the overplus, if any, on de- mand, to the saul A. B., or others whom it may concern • and if no such distress can be found, then that you certify the same un me, to the end that such proceedings may be had therehi as to law doth appertain. *"«jr «« imu merein, , Given under my hand at in the said district, thi»j ^'^y " eighteen hunared Y. X., . ^, Mayor. Any other warrant of distress executory instanter. mav be serv- ed in the same form as the above, by changing thr'aTleLtion^f circumstances therein. *^ *^ allegation or No. 22. FORM OF DEBENTURES. Municipality of the (as the case may be.) ^°' cy. (or) stg. This pebenture witnesseth that the corporation of (as the case maybe) under the authority of the Municipal Code of the moVZ ce of Quebec, has received from (name) of (domicile 7rS>^^il or occupation) the sum o{$ ' cv oHiT «f« iJf^' bear interest from the date hereof ^' °' '^^1^% ^°/te' of . per centum per annum, payable half yearly on ^"® ,. day of and ^ -t which sum of the said as a municipal corporation^, hereby binds and obliges itself to pay ^'^'?*i- , ,« » ®^ *° ^^e bearer hereof, and to oav thelntfl! rest thereon half yearly as aforesaid, according to the ^p^o^, interest warrant hereto attached. c^^pons on In testimony whereof, I, f^"" ""'^ ^^Y^^ or the said corporation, being hereunto dul'vTu" horized, have hereunto affixed the common leal of the mu^^i^I ^' ^* , 'J" '^e said (county, parish, city, 4c.. of. ) on this day of -' » in the year of Our Lord, one thousand eight hundred and Mayor, I <. Secretary-Treasurer, y-' \ I 1 ' 1 I ji i \ ' ' I*. mR'':- it' « i ' 'I ! 'I I ! 1 iJ, "• QUEBEC LICENSE ACT. Assented to 9th March 1878, and as amended by act 43-44 Vict., 0. II and by 44-45 Vict, c. 4. By act 43-44 Vict., c. It. s. 1, the acts of this province 4t-4i Vicl., chap. 4, and 42-43 Vict., c. 3, were repealed. CAP. III. An Act to amend and consolidate the Quebec License act and its amendments. [Assented to 9ih March, 1878.] WHEREAS it has become necessary to amend and consolidate " The Quebec License Act " and its amendments ; There- ibre. Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : — INTBRPRKTATORY AND EXPLANATORY CLAUSE AND DEFINITIONS. 1, Tho terms and expressions following, wherever they occur, «hall bo interpreted to have the meaning hereinafter applied to them unless some special provision of the law clearly indicates a 4 ifTerent meaning : a. The words " intoxicating liquors" mean brandy, rum, whisky gin, and wines of all descriptions, ale, beer, lager beer, porter, cider, and all other liquors containing an intoxicating principle, (and all beverages composed, wholly or in part, of any such liquors. b. Temperancs'^ liquors are ginger beer, spruce beer, root beer, all kinds of syrups and similar liquids or beverages, simple or mixed, in which there is no intoxicating principle. c. Houses of public entertainment are houses or places of public jesort, established for the reception of travellers and of the public, where, in oo: ; V ■ Oi'a'ion of payment, food and lodging are habit- ually furni'^hf a Such hous ' ji" public entertainment are inns and temp : A ho^ls. dr. An inn, embracing those establishments also called hotels And tavems, is a bouise of public entertainment, where intoxicating liquors are sold. e. (As ammdM hy 43-44 Vid, c. It, s. 2.) A i mperance hotel ;1s a house of public entertainment, in which no ii^toxicating Jiquors are sold. f, A restaurant Is a place of public resort, also Icnown as sa- loon or refreshmeot room, where, in consideration of payment, cfood ["withwSii lodgiogj IS iiabituiiliyn cr occasionally proviuSu lor thepubliGi and where intoxioating liquors are sold. QUEBEC LICENSE ACT. m4 ded by act 43-44 Quebec License g. A stfiamboat bar. is a place or apartment established for the sale of intoxicating liquors in a steamboat or other vessel ; the word vessel includes every crafl. h. A railway buffet, is a placb or apartment within a railway station, where, in consideration of payment, food is habitually oroccasionally provided for railway travellers, and inloxicatii, ? liquors are sold. I. A tavern at the gold mines, is an inn kept within a radius of three leagues, from the place where gold mining is being prose- cuted. ;. A liquor shop, is any store or shop, where intoxicating li- quors are sold, without food or lodging being provided. k. Liquor shops are divided, into wholesale and retail shows. /. (As amended by 43-44 Vic, c. 11 ,s. 2.) A wholesale liquor shop is that wherein are sold, at any one timo, intoiicating li- quors, in quantities not less than two gallons, './nperial measure, or one dozen bottles of not less than one pint, imperial measure, each. m. {As amended by 43-44 Vic, o.U,s. 2.) A retail liquor shop IS that wherein are sold, at any one time, intoxicating liquors, in quantities not less than one pint, imperial measure. n. Every delivery of intoxicating liquors, made otherwise than gratuitously, constitutes, in the sense of this law, a sale thereof. 0. The gratuitous character of the delivery is inferred from the circumstances under which the delivery is made and from the In- tention of the persons, respectively delivering and receiving the liquors. p. Every delivery, not gratuitous, is considered as being that by sale, without its being necessary to prove the delivery of any payment in money therefor, or of any object having a pecuniary value, as price of the sale of such liquors. Q. The license to sell intoxicating liquors In an inn, restaurant, a steamboat bar, or railway buffet, includes the permission, that tiie liquors so sold be drunk on the premises ; but that privilege does not accrue to liquor shops, in which cases all liquor delivei-- ed must be consumed outside of such shops. r. Pawning is the loan for a profit, either Impliedly or ex- pressly stipulated, in favor of him who lends a sum of money or any thing convertible into money, or having a pecuniary value, in taking a pledge to secure the restitution of the sum of money or thing loaned, with or without the profit aforesaid. s. He who loans and receives the pledge is a pawnbroker ; he Who receives the sum of money or things loaned and gives the pledge, IS the pawner. L The business of pawnbroker is carried on, when such loans are ha,bitually made, w. To establish that such business is carried on, U is not indis- J:- ii h 1 ' •. .i^ 304 QUEBEC LICENSE ACT. pensably necessary that several loans secured by pledge should be proved, although such proof may be sullicient. V. A single loan secured by pledge, preceded or followed by one or more loans, or accompanied or preceded or followed by circumstances which, in the opinion of the tribunal charged with the cause, c lablish the habit of making such loans, or the inten- tion of carrying on the business aforesaid, constitutes, for the purpose of this law, sutlicient proof that the lender follows the business of pawnbroking. w. The Revenue oflicer appointed under the sixth clause of the Treasury D^'pai-lment Act, employed in the collection of the Re- venue, and to whom, under the tenth clause of the said act, one or more of the portions of this Province erected into Revenue Districts have been assigned, and who has by this law the power to issue licf ases thereunder, and who in the municipal code is called the collector of Inland Revenue, is called for the purpose of this law " License Inspector. " The word " district," when used alone, means One of the Dis- tricts so established under said tenth clause. X. Organized territory is such portion of the territory of the pro- vince as is erected into a municipality, and non-organized territory is such portion of said territory which is not municipally erected. y The word " powder," means every ex))losive subslance,whe- ther powder for cannon or gunpowder, or mining powder, or other powder, or nitro-glycerine, or any other substance of that nature; and powder magazine is the place wherein powder is stored. z. The " informer, " is the person who gives the pariiculars whereon a prosecution for the contravention of this law is brought, and who, not being incompetent to give testimony, deposes to the principal facts on the trial. aa. The " informant " is the person who institutes such prose- cutions, in the form qui tarn, for such contravention. bb. The words " billiard tables," besides their proper meaning, mean also boards used for the games of pigeon-hole, mississippi, or Ldgdtelle. cc. [Added by 43-44 Vic, o. U, s. 2.) A bottler is a person who bottles fei merited liquors, sells and delivers them either on his own premises or at those of the purchaser, in quantities of at least a dozen bottles at a time. dd [Added by 43-44 Vic , e. 11, 5. 2.) A club is an association in which the profits arising from the sale of intoxicating liquors and use of billiard tables, belong to the members of the club, who are proprietors, bond fide, of all the moveable j)roperty therein and are propriptors or lessees of the establishment. GENERAL PROHIBITIONS. S. {As amended by 45 Vic , c. ^, s. \.) It is forbidden to all per- sons, corporations or clubs, under pain of the fines and penalties hereinafter promulgated,to keep within the limits of this Province: QUEBEC LICENSE ACT. 305 eans one of the Dis- ha^•^''^ w°r *^"™P^r.^"c« hotel ; 2. Any restaurant,or steamboat bar 3. Any liquor shops, wholesale or retail; 4. Any railway Suors^'fi'TnT "' ^h^.^^^d mines; 5. Or to selM^xicaUng liquors , 6 ro carry on the trade or business of auctioneer, pawn- broker, pedlar, or ferry-man between the banks of the River s" Lawrence at certain points hereinaaer indicated ; 7. To keer. for K?^ O^To'.ivo^.^"' '; ''' ^^^P ^ P^^^^'- magazine or to sen wi d fnil^c f ' equestrian representations and exhibitions of To M^^iS^? ; wH/" ^"1 designated as circus and menagerie ; WUhnil.-'^^ ^''••''- ^''^•^)TocarryonthetradeofboUler Without having previously obtained from the government.in the rrnr^^^^^'^i'-^^^^^'ilP^y^^^^t^^the dutlesLd fee^Safl- er mentioned, a license, then in full force, for each of said objects. BY WHOM LICENSES ARE ISSUED AND THEIR DURATION. 3. Each license, for any one of the above-mentioned obiects nf n? fh J"t ^^' "'?' '^ ^^' Lieutenant-Governor, and issued by averns«nhp'<^nM' ^"^P^^^^Flo^ ^is deputy, except licenses for taverns at the gola mines, which are granted by one of the oflicers Trold Vn' ^'^"^^^^"t-Governor in Council: under ckuseTof the Gold Mining Amendment Act of 1868. .A'- ^^?^ License Inspector delivers the licenses to be used on 01 pedlar s licenses, which may be issued for all judicial diC tricts by the same officer, and he collects the duties ind fee. m- P sed upon those licenses by this law. In the case of a s eamVoal bar license,this duty devolves on the License Inspector forTe Ts tr. where the proprietors,master or person in charge of sakl steam- boat or vessel.for which such license is required,re5des,-and in t he vent of such steamboat or vessel belonging to a company on the tTniv'"'^''^'' ^'' ^Y ^'^^^'^t '" ^h'^hthe compiny U?s Us TK i ®' ^^ P^'^cipal place of business. dolivorrf?.''? ^'''^°''' Inspector, in the same manner as his chief, dehvers the licenses and collects the duties and fees namP «t hif'i-®"^r*"^°''^'*"°''^"^°""°'^ may from time to time, S ^. v^ 1. ^ ^^I'l^^ *^°^^ ^'^^"^^^ ^° tJie License Inspectors, the'r defivery^''" determine on their form as well as the date of a ^,'JnT ^'""T^^ ^^^ ^""^"^^d ^""^ °"« year, or for a portion of seJuPn? in^'.r^ ^-^P'"' °" ^^^^'''^ ^^y o^tf^e °»"^th of May sub- thTliw Jnf" '^s^^' .except ferry licenses, concerning which w^ch ^nirp^ ,!"MP'?^^ provisions; steamboat bar licen..s, SOS ?n.MoP ^'h^V^® ^'°^*' ^° ^"^0 winter quarters ; and lie a- Va iA^ITj ^VA\^.^^^ "^'"°«' wh'^*^ ^'^ of monthly duration Cotofit"^ ^^^-^^ ^^:' ^- '' ^- ?•) .The Lieutenant-dovernorTn --■■■ -'."J, LipOu liiu rucummenaaiion oi the permanent pxhlhi u\ rofT^s^aKr^'r 'J '''' ^°""?' Of Ag'riouUurelnd';t uuncii 01 Arts and Manufacture3,grant licenses, at reduced rates, 20 !|.f'- «* y %' 306 QUEBEC LICENSE ACT. ■ I \ i to sell intoxicating liquors, on the grounds set apart for exhibiliou purposes, to have effect only during the Provincial Exhibition. 66. i Added by 43-44 Fic, c. 11, «. 47, as amended by 45 Fic, c. 9, s. .1 The officer appointed under any Mining Act in force in this province, in charge of any mining district or division, shall alone have the right to issue licenses for the sale of in- toxicating liquors within a radius of seven miles from any mine that is being worked ; which licenses shall be subject to such duties as the Lieutenant Governor iu Council may determine, not however to be less than fifty dollars for any one license ; and the said oflicer may grant, withold or cancel such licenses, any municipal by-law or anything in the Quebec License Law of 1878 or in any other Act, to the contrary notwithstanding. Such licenses shall be held subject to such regulations, as may be adopted by the Lieutenant Governor in Council. LICENSES FOR INNS.— GENERAL MODE OF OBTAINING THEM. ; 7. {As amended by 43-44 Vic, c. 11, j. 4). To obtain a li- cense to keep an inn the following formalities shall be observed : Previous to the obtaining of any of said licenses, for any part of the organized territory of this Province, the applicant shall furnish the Liconse Inspector with a certificate, according to form A, annexed to this law, signed by twenty-five resident municipal electors, or a majority of resident municipal electors, if they num- ber less than fifty, of "the parish, township, village, town or ward of the city, within the limits of which is situated the house for which such license is applied for, to the effect that the applicant is personally known to the signers, that he is honest, sober, of good reputation, and that he is qualified to keep a house of pub- lic entertainment, and that the house referred to contains the lodging room required by this law, and that there is a need for a house of public entertainment. 8. (As substituted by 43-44 Fie., c. 11,5. 5, anrf as amended by 44-45 Vic, c 4, 5. 5.) This certificate shall be ac- companied by an affidavit of the applicant, made in accor- dance with form B, annexed to the Quebec License Law of 1878, and sworn to before a justice of the peace of the district, or in thd cities of Montreal and Quebec,before the judge of the Sessions, the Police Magistrate or the Recorder. In the cities of Montreal and Quebec no certificate for a license shall be granted, if a majority of the municipal voters, within the municipal polling district of the ward, shall signify their opposi- tion in writing to the granting of such license." 9. If the certificate refers to a house situate within the limits of a city, it, as well as the license, shall contain the designation of the ward and street where it is situated. The license is of no effect outside the limits of such ward and street. 10. In the cities of Montreal and Quebec, the signers of the QUEBEC LICENSE ACT. 307 ; 11 ill rXINING THEM. decision of the mur^nU r^e VueDec) shall also be conQrmed by a ST?he houL is sk, if^ ^^^h'° the limits of Ihe council. ^ "^ '''^'^'' ""^ secretary-treasurer of i«f. (i45 amended by 44-45 Fi> /• A c i \'tk« ««, -i ^ , . , this certificate is presented%hflii ^t^L -^ The council to which information as it mardem fit and nr^^^^^^^ procuring such, of duly qualified e^cVrs haJ trgneTi^he^^^^^^^^ VT'f VT^^'" SPECIAL MODE FOR THE CITY OP MONTREAL. 14. {Suhsliluled by 43-44 Fic c 1 1 ? 8 i /r Th« «^ n «t .J'c?e?S dSS i"mS •='""• =""" ^°- '■"" ^'^^"'O !« Sf 308 QUEBEC . LICENSE ACT. r » I ■I i'l- 1 < 1 d. The Clerk of the Peace shall prepare a list and post it up in a conspicuous place in his office open to Ihe public; and such list shall give the date of the inscription of each application, the name occupation and residence of the applicant, the situation of the house to which the license applies, and the day on which it will be taken into consideration. e. No application can be taken into consideration by the com- petent authority unless it has been inscribed on the said list for at least eight days. f. Any person may oppose the application, and if notice of the opposition has been given to the clerk of the Peace, the latter shall, three days before the taking into consideration of such ap- plication, give notice thereof to the applicant and to the opposant if there be one. g. Any person, producing before the competent authority, when the application is being taken into consideration, or who has pre- viously produced before the Clerk of the Peace, verbally or in writing, the objections by him made to the granting of the confir- mation of a certificate, has the right to be heard on the grounds and reasons of such objections as may then be raised. h. The said competent authorities may hear him as well as the applicant, forthwith, or may fix a future day for such hearing. Upon such hearing, as well as on every application which is not objected to, it is the duty of the said authorities, collectively or separately, whenever' they may judge it useful or necessary, to make all the enquiries they deem proper to satisfy themselves of I the qualification of the applicant and of the truth of the facts put in issue. i. The said authorities may, to that end, take into considera- :tion all documents, hear or cause to be heard by some fit person, tail persons whom, from the personal knowledge of such aulhor- lities, or on the indication of the objecting parties, or of others, ; they believe to be able to give information, and generally to resort to every other source of information. J. When the said authorities wish to obtain information from officers or members of the Quebec or Montreal police force, res- pectively, they may, through the Chief of Police, order those 'functionaries to come before them and to make all such inquiries as may be deemed necessary. k. When opposition is made to any application for the confirm- ation of a certificate, such confirmation can only be made in Montreal by both the Police Magistrate and the Recorder, and in Quebec by the Judge of Sessions and the Recorder. I. The granting of the confirmation of the certificate or the re- fusal thereof for any cause whatever, is discretionary with the said authorities, except in the case provided for in section 5, of this act, and their decision is linai. m. No license shall be granted by the License Inspector, un- QUEBEC LICENSE ACT. 309 censo Inspector, un- testing the granting of such cSmaS''""' '"'^ certificate at- and which are then In force, and ke^^^ ^^^' ^""fi^'^ed Court or in his office. ^ ^' P^^*®'^ "P '" l^e Police 15, 16. {Repealed by 43-44 F/c r n o « » 17. (Repealed by 43^44 4 Tu I 'rI L ,, appointed and those hereafter to be annniniaH i? .Commissioners ofoflice before a judge of the Snnprfn^n^p"^®? ^^^" ^^''e ^n oath clerk of the Circuit Court Jr a (CmU?"'''"'' ^ P''othonotary. a affidavits to be used rtheSupeZr Con rf^ ^PP^i^^^d to take or rendering invalid tLTc!^ Tth^bord "TT^.^^^- OTHER PROVISIONS APPLICABLE TO ALL LICENSES. 36. On each confirmation of a certificatP fnr th^ obtaining a hcense for ihecitiesof Ouebef/nJu ^^.^ P."^P°s^ ^^ 01 eight dollars is paid to the corDoratinn nP ^ Montreal, the sum and to other corporations fo? ?he^samp nh ?^^-°/. '^°«« «'ties ; of their jurisdiction a sum not py/ppT ^J^*"*' "^'^ t"o limits demanded and received ^^^^eding twenty dollars may be , Po^l'dL';n'sTtt?iK wh^ 'T''' ^'"^^ -nd incor. or by-laws. ^ ^' ^^'""^ ^^^^ ^^y have by their charters slflfmX^^^^^^^^^^^^^^ applicant solvent sureties, who bind tLmsJh^P^ pTI*''^ dollars, and two undrod dollars! in favor of the Treas^^^^^^^^ P ' '""^ '' ^^^ «ll lines and penalties to whi -h ihp ol! ?• . Province, to pay •or any contrLention 'of th^s iw o? of a^n i"'"^ ^' oondemSed liws or legal provisions in fm^p ° ^"^ °^^^^^ enactments, bv~ ;ertainmeiit; ^wS su'eUe^shalf^r ?°"^*^^ ^^ public en- the faithful execution on the part (^^thP 71-^ responsible ibr ments, and of his observanr^P nf in ^^P.P^'^^"*' of all require- h^^HshedbycomVeSa^^^^^^^^^^ ^^at elfec\ es- «J9. {As amended bu 43-44 Ft> \. ii c o . mi. ». ccording to the form indicated ',n lxJ\ TJie bond is drawn V^. it must be executed in he p?esence n '♦?' ?"^'^'^ ^° ^^^s porfor the district in which the lippncl °^ ^^® License Inspec iPresencfi of nno .„ "„™^V/^^ "^ense was anolied for nn ir, fl„ h^juslices'of 'the peace"who "!^f "''^^^^^^ municipafcoundl p^reties must bfap^proved by them.™'^ '^' ^'^^'^^^^'^ ^^d the r^ 'Tf il ! 1r 310 QLEBEC LICENSE ACT. I „ t'i ' f ,' t .-1 ^ 1 '. ! -t '■' 'i ■■■' ■ 1 ' ' •i; ; ^' The securities and certificates, reqviired by this law, are depo- sited in the office of the License Inspector, competent to act, who shall not issue the license, until it is established to his satisfac- tion, that the sums mentioned in article 63 have been paid, 40. (As amended by 43-44 Vice 11,5. tO.) If the licensee leaves his house or dies before the license expires, he or hio re- presentatives as the case may be, may transfer it to another,— and the transferree thereof, may exercise all the rights which accrued thereunder to the original licensee, in the house therein described, or (if such house be situated within organized terruory of the Province) in any other build ag, situated within the limits of the municipality, which the municipal council, the judge of the Sessions, the Police Magistrate or the Recorder, as the case may be, approve of, and which is set forth in the certificate re- ferred to in the subsequent article. 41. This transfer only has its effect, if the transferee thereof, in case that the house in question be situated in the organized territory, delivers the certificate to the License Inspector, and gives the security which the licensee was himself obliged to give, and in the cities of Montreal and Quebec pays the excess of duty, which may be exigible in consequence of the difference of the rent or annual value, between the house occupied by the origi- nal licensee, and the one occupied by the transferee. This trans- fer shall be written on the back of such license by the License Inspector, and the transferee shall comply with all ihe formalities which were incumbent on the original applicant. This transfer shall be so made within three months from the death of the licensee or from his abandonment of his house, fail- ing which, the license is of no avail. 42. Any municipal councillor, being at the same time a brew- er, distiller, or dealer in intoxicating liquors, or proprietor of a house of public entertainment, shall not sign the certificate men- tioned in article 7 of the present law, under a penalty of twenty dollars for each contravention. 43. No person shall knowingly sign such certificate, unless duly qualified to do so, under a penalty of twenty dollars foreacli contravention. 44. \As amended ly i3.U Vic.,c. l\,s. 11.) To obtain a license for an inn, in a non-organized territory, it is necessary only to give previously, in the presence of the License Inspector, the se- curity required by the articles 38 and 39, The applications for such licenses must however be first sub- mitted to the Treasurer of the Province and are subject to his | approval. 45. {As amended by 43-44 Vic, c. 11, s. 12 ) None of theli- censes hftreinbefore mentioned shall be granted to a cjrocer, or I person keeping a shop or store for the sale of groceries, provisions sweetmeats or fruits, in any city. QUEBEC LICENSE ACT. 311 3 transferee thereof, RESTAURANT LICENSES. 4fi. [As replaced by i3-H Fir., c. n,s. 13.) The condition? and formalities imposed by the Quebec License Law of 1878 as amended by the present act, relative to the certiOcates required to obtain a license for an inn, apply mutalis mulandis, to restaurant licenses, including the provisions established by this act, for the cities of Quebec and Montreal. STEAMBOAT BAR AND TEMPERANCE HOTEL LICENSES. 47. Steamboat bar and temperance hotel licenses are granted simply, upon payment to the proper License Inspector, of tha re- quired duties and fees. f > LIQDOR SHOP LICENSES. 48. {As replaced fey 43-44 Fzc. c. 11, .y. 14.) The conditions and formalities imposed by the Quebec License Law of 1878 as amended by the present act, relative to the certificates required to obtain a license for an inn, are in like manner applicable, wm/a/« mulamhs, for obtaining a license for the sale, by retail, of intoxi- catmg liquors in shops, including the provisions enacted bv the present act, for the cities of Quebec and Montreal, except that in- stead of the signature of twenty-five municipal electors or the majorily of such electors, when they are less than fifty in number Tir!^'?^*"^^^ °^ *^^®^ "P°° *^® certificate are sufficient Wholesale liquor shop licenses are granted simply upon nav- ment to the proper License Inspector of the required duties and No certificate is required to obtain a license for a retail liquor shop in an unorganized territory, but the application for such li- cense is subject to the approval of the Treasurer of the Province the provisions of the said act as amended by the present act' which apply to wholesale liquor stores, shall apply, mulalis mu- ianths, to bottlers, in so far as relates to the obtaining of licenses lexcept the amount to be paid therefor) and the penalties for con- travening the same. LICENSES OF RAILWAY BUFFETS AND OF TAVERNS AT THE GOLD MINES. 49, Upon a petition presented to the Lieutenant-Governor in touucil by any railway company, the License Inspector, to Whom It appertains, may be authorized to deliver to the person in- (Hcated, a license to sell intoxicating liquors at the railwav ''ta- tion therein mentioned, to travellers upon such railway, but^ to none others. 7 T'T'}^ ^^H ^^^®P^''"n of the provisions contained in articles from 10 44, and also the provisions hereinafter mentioned, relative to (, 4 " > "*• I'i ;f.^ i\ Sli it !■ « f * ! ■ • !■: d -J, QUEBEC LICENSE ACT. the accommodation which must be provided for travellers, bv tha master of an inn, to the prohibition to sell intoxicating liquors, to the keeping the bar closed during certain days and certain houra aiso to the obligation to receive and accommodate travellers ; the other provisions of this law, shall apply, mulatif mutawlis, to 11, censes of railway buffets in so far as they are not incompatible with such licenses. One person only shall be licensed for each station. ff O. Upon demand made to that effect to the officer named by the lieutenant-Governor, under clause 2 of the act of 1868 to amend the Gold Mining Act, for the purposes and objects men- tioned in said clause, and upon payment to him of the sum of five dollars, he may grant to such applicant a license, authorising such applicant to sell intoxicating liquors, within a radius of three leagues from the place where gold mining is being prose- cuted, and which is under the jurisdiction of such officer; pro- vided that no such license shall be granted to any person who has not a license to sell intoxicating liquors, under the foregoing articles. GENERAL RESTRICTION. 51. {As amended by 43-44 Vic, c. It, s. 15.) Whenever a mu- nicipal by-law shall have been passed and confirmed as by law required, prohibiting the sale of intoxicating liquors within the limits of its jurisdiction and a copy of such by-law shall have ■been transmitted to the License Inspector entitled to the same such License Inspector is forbidden to issue any of the licen- ses hereinbefore mentioned, for the sale of such liquors, excepting steamboat bar licenses and licenses of railway bullets, such li- censes not being affected by the present restriction. Notwithstanding the quashing, by judgment of a court of jus- tice, of such a by-law, the License Inspector shall not grant any ■of such licenses, within two months from the rendering of sucli judgment, unless such judgment is fmal. a. In municipalities in which there exists a by-law prohibit- ing the sale of intoxicating liquors, or where there is no person li- censed to retail spirituous liquors, the sale of such liquors is per- mitted by the person licensed tor that purpose, as provided in pa- ragraph (/ of this section, for rwedecinal purposes only, or for use in divine worship, on the certificate of a physician or of a clergyman residing in the municipality, and not otherwise. b. Such ceri.licate can be given by a resident physician, only to a patient under his immediate care or by a clergynian only to a person whose spiritual adviser he is, bond fide, under penalty of a line of thirty dollars for each contravention of this provision. c. In any case, not more than one imperial pint shall at any one time be sold in virtue of such certificate, and no liquor so sold shall be allowed to be drunk on the premises, under a penalty of forty dollars, for each such contravention. QUEBEC LICENSE ACT. 313 ^. The sale of intoxicating liquor in the case mentioned in oa- ngrnph a of this section is confined to one person in each muni inn ^nf fh''' ''"■'"" ^° ^^ appointed for that purpose by a reso- ul.on of the municipal council, a certified copy of which must lie .iepos. ed with the License Inspector of the districlwho on re! ceipUhereof and upon receipt of the license duUesisliereiimfter provided sha issue to the person named in such resolution a ^hipZly '• '°" '"' ""'^^"'""^ ^"'•^°'^«' °^ ^'' "«^ i« divine wor! e. The person so licensed is bound to make a report sworn to before a Jus ,ce of the Peace on the first of every month t^'e Li° cense Inspector, showing the names of the persons to whorn he Im sold liquor during the previous month, the quantity sold "n each aso, and upon whose certificate the sale was made, wh ch certi- ficates shall accompanv the report The violation of or failure to comply with ony of the provisions of this paragraph shall subject the pa?ty so contravenhig them ?o a penalty of twenty dollars, for each contravention AUCTIONEERS' LICE.VSES— MODE OF OBTAINING THEM. 52, Previous to the issue of any auctioneer's license everv nd.vidual desirous of obtaining one, must become ^rsonailJ bound towards the treasurer of the Province, with two suItS sureties akon before the License Inspector, or before some ner son by h.m .hereto authorized, in an amount of which the ma x^m um .s two thousand dollars and the minimum five hundrS^ d?^-" jr., for each, at the discretion of such Inspector, to guarantee he payment of all moneys for duties, which the applicant fo? icense sha 1 or ought to receive, and for the faithful execution of he obligations imposed upon him by this law. Such bond of secu- mL^ '?.'•? ^"P''"^*"' ^^«^^°f °"« duplicate shall be Irani mi ted to the treasurer, and the other whereof slyail io retiinprt in the archives of the revenue office. Eaoli one sLi mstift nn oath his sufficiency, before the officer receiving such boid^ pawnbrokers' LICENSES. 5.1. The issue of a pawnbroker's license by a Licence Insnecfnr equires no other formality than the payment of the d Uv and ToT.lTr^ °" 'I' ^"^'"^^^ of pawnbroking in^p^ tn^rship^ ine license '''"' "' '^ '' ^'"'^ of business, require but PEDLARS' LICENSES-FOR WHAT OBJECTS THKY ARE OBTAINED. nef n'.p^'^f f P'^'^'f *' °^'5^^ *° ^^^^ 0"t a license from Ih) .rro- Pei License Inspector, without the ohservancr^ c^f nnu ^L.: ^Z ; 'lay than the payment of the duty; but the"nPc^N;Ttv of ''^earning such license has not the elfect of preventing a 'iTcense'i h: mil 314 QUEnEC LICENSE ACT. •1. i ' : i 1 i 1; : 1 ! •■ 1. ^ V ^ . ;t' '^1 ■S ,• i 1. pedlar from employing a servant to assist him in carrying about nis bales of goo«l8. without being obliged to take out a second li- cense for such servant. OS. No enactment of this law obliges a pedlar ^.o take out a license, nor does it apply to persons employed by a tnmperance society, nor a benevolent or religious society in this province, for the imrpose of peddling and selling temperance tracts and other moral and religious publications under the direction of such so- ciety. No person is obliged to take out a license to peddle and sell : 1. Acts of the Legislature ; 2. Prayer books and catechisms ; 3. Proclamations, gazettes, almanacs or other documents print- ed and published by authority ; 4. Fish, fruit and victuals ;' 5. Goods, wares and manufactures, when they are psdf'ied ".nd sold by the actual maker or worker, he being a British subject and a resident of this Province, or by his children, apprentices, ; agents or servants, excepting always drugs, medicines and pa- tent remedies. Nor does this act compel the following persons to take a ped- lar's license : 6. Tinkers, coopers, glaziers, harness repairers, or other per- sons carrying on the trade of repairing kettles, casks, household furniture and utensils, to go along the highway and carry on their business ; 7. Nor hucksters, nor persons having stalls or stands on markets, in the citi'js or towns, for the sale of fish, fruit or victuals, or ; goods, wares and merchandise, in such stalls or stands, on their complying with the police regulations of the locality, FERRY LICENSES— BY WHOM THEY MUST BE PROCURED. 50. No license is required to carry on the vocation of ferry- man between the river banks of the St, Lawrence, except between the city of Montreal and the town of Longueuil, between the said city and Laprairie, and between Lachine and Caughnawaga, at [the places and limits indicated in the license by the License In- '■ specter. 57. No provision of this law applies to the proprietors of masters of any vessel, plying between two ports of this Province, or regularly entered, or cleared by the officers of Her Majesty's I Customs at tny such ports, or, in any way, affects any privilege I granted by the Legislature of the late Province of Lower Canada, I of the late Province of Canada, or of this Province, to the propri- etors of any bridge, or to any railway company, or other road company. 4j^^ nu iii^ciio^ lui a. iciij T^u-ii xjXj gi cxiiLct^ lui a. pet luu vA^--"-- ing twelve months, unless it be by public competition, and to QUEHEC LICENSE ACT. 315 it J. I peddle and sell : 3r documents print- )ns to take a ped- JE PROCURED, jompetition, and to persons who give the security required by the Lieutenant Govern- or in Council, after notice inserted at least four times, in the cour- se of four weeks, in the Quebec Official GazelL, and in one or more newspapers published m the district in which such ferry is situ- ate, and if there be no L3wspaper published in the district, then in the nearest adjoining district in which a newspaper is publish- ed ; and no ferry is leased and no license is granted in tliat res- pect for a period exceeding ten years. BILLIARD TAB .E LICENSES— MODE OF OBTAINING THEM. 59. To obtain a license to keep a billiard table for gain, the applicant must furnish personal security with two sufficient sur- eties, who, as well as the applicant, bind themselves jointly and severally towards the Treasurer of this Province in the sum of two hundred dollars each as security that the licensee will not know- ingly allow, during the term of his license, any apprentice, school- boy or servant to play on any of the billiard tables kept by him or any person whomsoever playing for money. ' The surety bond must be taken in duplicate, one duplicate to be transmitted to the Treasurer and the other kept in ths office of the License Inspector. LICENSES FOR POWDER MAGAZINE8- 60. Every person keeping a magazine for the storage of pow- der, or who sells and holds for sale any quantity of powder, must obtain from the License Inspector a license to that effect. ^ 01. No license can be granted for keeping a powder magazine wilhm a radius of live miles of the cities of Montreal and Quebec' nor unless the building be erected according to the following rules : — ° 1. Every magazine shall be built of stone at least two feet in thickness, covered with a fire proof roof made of metal, and ad- hering to the building by iis own weight only ; 2. It shall be enclosed at a distance of at least ten feet clear by a stone or brick wall at least ten feet high, with a stone copinf', having a single opening, of which the door shall be covered with nrass, copper or zinc, and shall be so placed as not to oppn on any public highway, or on the side on which is the door of the magazine ; 3. In the construction of the magazine, or in the surrounding wall, only stone, brick, copper, brass, wood, glass, tin, slate, zinc or leather can be used ; 4. It must have bul one entrance, to which two doors shall be placed with copper fixing— one inside and one outside the wall; _ 7' T" " *.i«o^j v-ppci, ui iiiiu, ui i;uvcn;u Willi inu Same in..terial ; 5. The floors shall be tongued and grooved close-jointed, and I'liM \u «#' IPI 316 QUEBEC LICENSE ACT. 1.' ,f ' oucli part thereof on which any person might walk, or place his I fool, shall he covered with leather ; 6. It shall be provided with two lightning-rods, to be approved ■ of hy the License Inspector ; 7. Any powder magazine may, with the consent of the Lieute- nant-Governor in Council be constructed in a dilferent manner. CIRCUSES. ?i If ^1 r 03. Any person opening a circus or exhibiting a menagerie, shall Ilrst obtain a license therefor from the License Inspector. This license shall specify the number of days fcr which the dut- ies hnve been paid, and censes with the last of these days. One license sullices for the opening and exhibition, atthescne place, of a circus and of a menagerie, if they form the same troupe. DUTIES PAYABLE ON EACH LICENSE. 055. {As replaced btj 43-44 Vic, c. U, s \7.) In addition to a fee of one dollar on the f?ranting of each license, the duties com- prised in the following tariff shall be payable by the app!-cant therefor to the License Inspector, preliminary to the granting of the dilferent licenses mentioned in the Quebec License Law of 1878, as amended by the present act. TAllIFF OF DUTIES PAYABLE FOR LICENSES UNDER THE PRESENT LAW. On licenses for the salt of inloxicaling liquors. I. On each license to keep an inn. and for the sale therein of intoxicating liquors : a. In the city of Montreal, two hundred dollars, if the annual .value or rent of the premises, for which the license is required, is less than four hundred dollars; three hundred dollars, if the an- nual value or rent is four hundred dollars and less than eight hundred dollars ; and four hundred dollars, if the annual value or rent is eight hundred dollars or more ; h. In the city of Quebec, one hundred and twenty-tivrt dollars, if the annual value or rent is less than two hundred dollars ; one hundred and fifty dollars, if the annual value or rent is tv/o hun- dred dollars, and up to four hundred dollars ; and two hundred and fifty dollars, if the annual value or rent is four hundred dol- lars and less than eight hundred dollars; and three hundred dol- lars if the annual value or rent is eight hundred dollars or more; c. In every other city, one hundred dollars ; d. In every incorporated town, eighty-five dollars ; a Tn p\7pr\r villporfi rpciiI.qtpH nnHpr thp nnthnpltv nP i\\a miirii. cipal code, seventy dollars; QUEBRC LICENSE ACT. 317 !R THE PRESENT f- .}P «^®';y section Of organized territory, outside of a city, town or village, (ifty-flve dollars; g. In every territory not organized, thirtyOve dollarj. 2. On each license for the sale of intoxicating liquors in a club • a. In the city of Montreal, eighty dollars ; b. In Iho city of Quebec, fifty dollars; c. In every other part of the Province, forty dollars ; 3. On each license for the sale of intoxicating liquors in a res- taurant or railway buffet : a. In the city of Montreal, two hundred dollars, if the annual value or rent of the premises, for which the license is required is loss than four hundred dollars ; three hundred dollars, if the an- nual value or rent is four hundred dollars and less than eicht hundred dollars: and four hundred dollars, if the annual value or rent is eight hundred dollars or more ; b In the city of Quebec, one hundred and fif^y dollars, if the* annual value or rent is less than four hundred dollars • and two hundred and fifty dollars, if the ahnual value or rent is four hun- dred dollars or more ; c In every othe;- city, ninety dollars , d. In every incorporated town, seventy dollars ; e. In every other part of organized territory, fifty-five dollars. 4. On each licnse for a steamboat bar for the sale therein of intoxicating liquors, one hundred and fifty dollars ; 5. On each license for the sale of intoxicating liquors at the xnmes or m any mining district or division such snvn as tho Lieu- tenant-Governor m council may determine, provided that in n^ case shall such sum be less than fifty dollars. 6. On each retail liquor shop license : a. In the cities of Montreal and Quebec, fifty per centum of the annual value or rent of the premises, for which the license is required ; provided that in no case shall the duties on such license be less than seventy dollars, or more tha: le hundred and fifty dollars ; b. In every other city, seventy dollars ; In every incorporated town, sixty dollars ; In every other organized section of territory, fifty dollars • In every unorganized territory, twenly-f.ve dollars. ' On each wholesale liquor shop license : In the cities of Montreal and Quebec, fifty per centum of liie annual value or rent of the premises, for which the license is required, provided that in no case shall the duties on such license fie less than one hundred dollars, or more than two hundred dollars; h. In every other city, eighty dollars : c In every incorporated town, seventy dollars ; d. In every other part of organized territory, sixty dollars c. d. e. 7. a. ■i i *.i.f| Vimi ■ iinrffflmn'fiBS • "T^ |i ■ .1 :■ I ■. r ■ \ • H 318 QUEBEC LICENSE ACT. 8. On each license for the sale of fermented liquors, bottled by the holder of such license • a. I'^ liie cities of Montreal and Quebec, fifty dollars; h. In any other part of the Province, forty dollars. 9 On each license to sell, for medecinal purposes or for use in divine worship, in municipalities in which a prohibitory by-law is in force : a. In every city, twenty dollars ; b. In every incorporated town, ten dollars ; c. In every village, two dollars; d. In every section of organized territory, outside of a city, town, or village, one dollar. Licenses for Temperance Hotels. 10. On each license to keep a temperance hotel for the recep- tion of travellers and other persons, and for the sale therein of temperance liquors only, live dollars. Auctioneers' Licenses. 11. On each auctioneer's license : a. In the cities of Quebec and Montreal, eighty-five dollars. b. In all other cities and towns, sixty dollars. c. In every other part of the Province, twenty-five dollars. 12. On all separate licenses, taken out by an auctioneer, for the employment of an assiotant, agent, servant or partner, as •crier : a. In the cities of Quebec and Montreal, thirty-five dollars ; b. in. all other cities and towns, twenty-five dollars. c. In every other part of the Province, fifteen dollars. Pawnbrokers' Licenses. 13. On each pawnbroker's license, one hundred and twenty- •five dollars. Pedlars' Licenses. 14. On each license for a pedlar, for one judicial district, twenty dollars, and for each additional judicial district, ten •dollars. Ferry Licenses. 15. For each license for a ferry, such sum as may be fixed by the Lieutenant-Governor in Council, under articles 58 and 163 of the Quebec License Law of 1878 (I). Billiard Table Licenses. 16. For billiard table licenses, other than for those in a club : a. In incorporated cities and towns : 1. "Where not more than two tables are kept by the same per- ^~,A '•" *Un r.r,r^-,n KiiiMinrT Pnptv Hollars for ea'>h tnhlA • (1) See Ss. 58 and 163 of present law. ^■^ QUEBEC LICENSE ACT. 319 iquors, bottled by outside of a city, ty-five dollars. dred and twenty- those in a club : I PROVISION AS TO DETERMINATION OF RATE OP KENT tabie^wfnt^lTiarea'h? ^'^" ^^^' '°^ ^^« ^^'''^ -^ fourth 3. For the fifih and sixth tables, fifteen dollars each • doflart"ore"achrblf " "^^'^^ of organized 'territory, twenty 17 On each license for a Billiard table in a club • a. In the city of Montreal, twenty dollais ; * b. In the city of Quebec, fifteen dollars • c In every other part of the province ten dollars • Powder Magazine Licenses. dollars °'''°^ '''''''' '' '^^P '' "^« - Powder maga«ne, fifty ^^20. For each license for the sale of powder or to keep it on a. In the cities of Quebec and Montreal : 1. By wholesale and retail, twenty dollars : 2. By retail only, eight dollars ; 0. In every other city : 1. By wholesale and retail, ten dollars : 2. By retail only, five dollars ; c. In every incorporated town : 1. By wholesale and retail, five dollars : 2. By retail only, two dollars and fifty cents • d. In any other organized part of the Province • i bI ^^It^^XTt'^" <""'- ""'' «% cent, ; te, Kf L°/„reS'so?d''„°r/' ■"•■"or?, or a dozen canis- toned, is deemed to be a saH? "eU " hereinabove men- ^•'•«"« or Menagerie Licenses. o-i. iae rent or annnni Troi„« «„.•__ ^i, . _ .. •'■ certain cases is lakfin frn^'thT^l "V"^ ^"'^ '^^^ ^'^ licenses in poses then in force valuation roll for municipal pui^. M '-III 320 QUEBEC LICENSE ACT. ^*5. (As replaced by 43-44 Vic, c II, s. 18.) To every applica- tion for license, the duty whereof is regulated by the amount of the rent or annual value, there must be annexed a certificate of the valuation contained in the valuation roll aforesaid of the house and dependencies or premises, for which such license is sought, which valuation shall include not only the room or rooms which shall be used for the purposes required for such license, but also all other rooms in the same house and depen- dencies which are occupied by the license or intended so to be for any purpose whatever, delivered by the City-Clerk or Secre- tary-Treasurer, who is bound to deliver such certificate, when- ever thereto required, under a penalty of fifty dollars, for each contravention. 1 ■ '' l_- ' j / "k ^ -1 :. r.. ■ 1 '.- !ht i ,. 1 H ¥^ • -m ),• POWERS OF THE LIEUTENANT-GOVERNOR AS TO THE REDUCTION OP THE DUTIES ON LICENSES, AND OTHER PROVISIONS. 66. The Lieutenant-Governor in Council may, when and so often a," he deems it expedient, by regulation, reduce the rate of duty 1 licenses, as mentioned in article 63 of this law, provided that this rate bn not below the rate imposed by the fifth section of the Imperial Act, George III, chapter eighty-eight. 67. The duties imposed by this law on licenses of ii;ns, res- taurants, steamboat bars, railway bulfets, or liquor shops, in- clude those imposed by said Imperial Act; but should the same be hereafter repealed such repeal shall not have the elfect of reducing the amount of such duties. 68. No other licenses than those issued under this law, are necessary to be obtained, by any person, for the same objects, li om any corporation or municipal bodies. 69. (As amended by 43-'i4 Vic, c U, s. 20.) The obligations to take out a license for the sale of intoxicating liquors, and for billiard tables, apply to all places where such liquors are sold and where billiard tables are kept, notwithstanding that such places and tables are used by a club or association of any kind. DUTIES OF THE LICENSE INSPECTOR AS REGARDS THE ISSUINft OF LICE> .iS. TO. Under the restrictions and exceptions hereinabove im- posed, it is the duty of each License Inspector on proof being furnished to him of the fulfilment of all the formalities.on payment being made to him, of the requisite duties for issue of ihe licenses hereinabove mentioned, and on application being made to him, to issue, within the limits of his jurisdiction any of the above licenses. The same rule applies to the officer named under the Treasury Department Act, relative to the issuing of tavern licenses at tiio gold mines. QUEBEC LICENSE ACT. jei .) To every applica- ed by the amount of nexed a certificate of roll aforesaid of the ^hich such license is I only the room or ;es required for such ne house and depen- or intended so to be City-Clerk or Secre- ch certificate, when- ifty dollars, for each 5 THE REDUCTION OF PROVISIONS. 1 may, when and so m, reduce the rate of af this law, provided d by the fifth section ity-eight. licenses of iuns, res- or liquor shops, in- )at should the same t have the elfect of under this law, are or the same objects, 3.) The obligations ling liquors, and for such liquors are sold [istanding that such )ciation of any kind. ARDS THE ISSUING )ns hereinabove ira- BCtor on proof being •malities.on payment •issue of I he licenses . being made to him, Dn any of the above , under the Treasury avern licenses al tlio '""'iox'cATINO onnn«?°'"' '" "^'^ ^"^ «^ '^^^«^^ '^^^ OF IN- TOXICATING LIQUORS AND CERTAIN FRAUDULENT PRACTICES. 71. {As ame?ided by iS-U It' r il ♦ 9m a^„ keeps, without a license to that efcr-t «tni • '^r ^"^ °ne who Any one who keeps, without a license to that pfTf^nt o*ni • cJ^' ^"^ °"f, ^^° without a license lo keep a taverr at f Ha gold mines, sells intoxicating liquors within a rflriinc J^V ♦I ^ leagues distant from any place where Jold minin^lrhl V^'"^ tren?U,r"^^ a penau7of one hunrd'dXJs^V^ th^C a Si ^i:^^Jt1Xt'J, a^^' ^wh^h^elts^-in sli^hThro^^"^ anyplace whatsoeW, within the ifmits of this Provt^e a'nv intoxicating liquors in quantity less than one imperkl n.nt J TclZ^selVT:Jr'y.'' ^°^''T «"'y ^ whobsX quo^rlop license, sells in such shop or within the above mentioned limit? any of said liquors in quantity less than two impedSon? o^ one dozen bottles containing npt less than one KrialSt each t?a"rf?r^^u^Vrtrrntt.r°^^^ '^'^^ '' ^ fin^ofl^S^i^S I'Jns'e 'Th'n^'^pna ^PPlicabie to the case of a person holding a rJft: 1^{ ^,^^«^ *y 43-44 Vic, c. 1 1, s. 23.) Every licensee for the sale of intoxicating liquors in shops, but not for keeDinff sol/t'hpiP''/'^H ^T'^^^^^'^^' who allows intoxical^rnfllSuors sold therein to be drunk m said shop, or its dependencies Ttw ^y the purchaser, or bj a person not residinrwUh o?1n the em p«rtinsgnT^^^^^^ isi^^hiH?^?!!''?-*'^ of intoxicating liquors, in a licensed shop >s 1 .bidden to drink, or cause any one to drink, or to allow the 21 •is H« 322 CUEBEC LICENSE ACT. ^1 !'• •; said liquors to be drunk, in the shop where the same have been purchased, under a line often dollars for each contravention. 76. Every licensee to keep a temperance hotel, who allows intoxicating liquors to be drunk in his house or dependencies, incurs a line of twenty dollars for each contravention. 77. [As amended hy 43-44 Vic, cA\.s. 24.) Every proprietor or master of a steamboat or vessel, holding a license under this law, who allows his steamboat bar to remain open, or who sells or allows intoxicating liquors to be sold on board, during the time that such steamboat or vessel is staying in a port, or at a wharf, or at any place of disembarkation, is liable to a fine of one hundred dollars. ^ 78. {As amended by 43-44 Vic, c. 11, 5. 25.) Any person, not being the holder of any one of the licenses hereinabove mention- ed, who exhibits, causes to be exhibited, or allows the exhibi- tion, in or on any part of his house or its dependencies, or of his Vehicles, of any sign, inscription, painting, or any sign whatso- ever, of a nature tojnduce the public or travellers to believe that the sale of intoxicating liquors is authorized therein in any quantity, and that he is the holder of a license, to that effect, is liable to a fine of twenty dollars for each contravention. The same penalty is Incurred, by any licensee who, by any of the means mentioned in this article, seeks to induce the public, or travellers to Relieve that he holds a different license, than that which has been granted to him. 79. Any one not being a licensee as hereinabove mentioned, who keeper, or allows to be kept in his house or dependencies, in storage or otherwise, for the purpose of making a sale thereof, any intoxicating liquors, shall be liabfe to a penal prosecution, in which he may be condemned to pay a fine of twenty dollars for contraventions of this article, committed up to the time of the institution of such prosecution if it be the first so brought. In case of repetition of the offence, he may again be prose- cuted, and condemned to pay a like fine of twenty dollars, for all the contraventions committed, from the time of the first prose- cution, to the institution of the second, and so on for all subse- quent contraventions committed, in the interval between one prosecution and the other. 80, {As replaced by 43-44 Vic, c 11, s. 26.) The judgment infiicting such fine, shall order the confiscation of the said liquors and vessels. The License Inspector shall have the liquor and vessels so confiscated, sold by private sale or by auction, according to the i-^,.tv„,^H^^c «TV.;nli ar-a rritran >iim hv thA TrPESUI'fir. and tfaB License Inspector shall retain one-third of the price realizea, and remit the remaining two-thirds to the Treasarer. QUEBEC LICENSE ACT. 323 80a, {Added bi/ 44-45 Vic c 4 ? 'l \ Tho i;^nr,r.o «p * keeper, who permi any oTe to become nl'xIc'iSfn hit ta ve™ ?:srr„=.trfo^"&^^^^^ OBLIGATIONS IMPOSED UPON LICENSEES HEREINABOVE MENTIONED ei T7o I, • ^^° J^ENALTIES FOR CONTRAVENTIONS. SI. Jiachinn and temperance hotel, ^situated inavMHap n,. in the country parts, shall contain at least ?hree bedroomt^hiv mg each a good bed, for the use of travellei^! apart frmth: lodging apartments of the family. ' ^ ^ ^^® 82. The master of such inn, or temperance hotel shall kepn °sions forV-iw '.'^^iTSy' be provided with edibles and pro- visions lor I ave. s, and hay and grain for their horses. fain Vldtch. temperance hotel, in a town or city, shall con. ain a kitcht .dfficient dimensions, all the ustepsils neressai v u Sf M '^'t ^'^ ^^ '"^^^ *^" P«''sons, a dining oomwTlhl laSfntIhall"'«fl^n f '^^'^ T^ ^"J^' temperance hotel or res- rJilfe^y.^^-^^'^it hi? license,' VMch^helhanirp^cSami; public, inlhe bar of his establishment. or in .nm? r^?, ""^7 °^ ^^^ i^"""^' '" '"« ^ar or his establishr 86 HP %hnif P^^^^^Pr^"'^ °^^y *he License Inspector. ihfe'^chism^^^^ ^^ legible characters, at least throaL.idP nf f ho ^^ ^J°?^ \? proportion, immediately above wnrSc K u^^ '^^^^ °^ his house, his name in full with the words, where it is an inn or restaurant, " Licensed to rPtail \ni ituous iquors," or "Licensed to sol! iktoSng liguorf " and ot H' uidpVfh^rT hotel ".Licensed to kee? temperance ci .^"^^^ the penalties mentioned in article 94 i' ItuattirSfi*^.^^"** K''"?' ^ ^' ^- 28-) If such establishment €xno.p inH f A^^ country parts, the master thereof mustmoreo-er expose, and ke6p exposed, during the whole period of his license a S sZ'h?nZ-^r ?'^°)' '°"^P°^^^* «^^«^te^« ^°t less than fou? ZTn.^l' ^^ ^\^^ 'i? proportion, on his house or on the top of a Sif tnT'^\?°'^'' °f/^ffi«ient height close to his house, to^indi- Eve vtSr I'ln' ""^''' 'H? P^^^'^^^^ mentioned in article qI twShes n hpth TT '^ ^' P?*"*'^* '" ^^^ihle letters of at leas 4iHP hi height and a proportionate width, on both sides of his se7'l!;il"„'!!l" at full length, adding thereto the word " hceZ AS "vu^J: ,^'="^'''j; V^ iweniy aoilars for each contravention. atThe'ffold i;nf "?^ T' ^^PPerance hotel, restaurant, tavern tlnti °^i"®^J Steamboat bar and railway buffet shall be kent peaceaby, and order shall be maintained therein ^ ,i» 324 QUEBEC LICENSE ACT. IN ,!■■ ivi ■:! r I ■ i ffjlt €iO No {rambling is allowed therein, under the penally men- liopKi in arlicle 94 again=t ihe master of each such inn tern pe- rancThotelVrestauranl tavern at the gold mines, steamboat bar nnd railway bulTet, for each ctuitravention. „ , , _, 9o! Not more than one drinking bar shall be kept therein, under the Denaltv mentioned in article 94. , . ^ .. 91. Intoxrcating liquors shall not be sold therein, at any time to drunken persons, nor to minors under sixteen years of age, norVaf^ereilht o'clock at night, to soldiers sailors, apprentices Sr servants, known as such by the master of the house. 9% til replaced by 45Fic., c 9. s. 2.) Intoxicating hqaors shall noTbe so d n any inn or restaurant at any place in the province, Srn any tavern It the gold mines on each and every day of the week f?om midnight until five o'clock in the morrimg,nor during The whoroflach^and every Sunday in the year,unless on a special demind for medicinal purposes signed by J medical pract.t^^^ or bv a iustice of th. peace, and produced by the purchaser. , The liquors so sold on special demand, shall not be drunk on '^^LSrrg'the times when the sale of liquors is prohibited, all the "^'oV'whirst'l^' iSe is in force, with the exception ofiicen- ses *r liquor shops.no trad, in groceries, provisions sweatmeas or fruits can be carried on within the limits of a city, either di- rprilv or indirectly, for the benefit of the licensee. No^?censee for in inn or temperance hotel can refuse to receive and harbor travellers witholK just cause. . No licensee for keeping a res.aurant can receive or harbor travellers ^^ y. g ^ 3 ^ Every contravention of thf frUcles iffar^cle 81 to 91 inclusively, or of article 93 is punishable bVa fine of not less than ten dollars nor more than fifty dollars, in the discretion of the tnbuna . Every contravention of art. 92 is Punishable by a fine of not le^ than thirty dollars nor more thanseventy-hvedo larsin thedis re- trdrof the -iribunal, and in default of payment « s»c« «f ' ^^ '^; T)risonment for a period not exceeding three months in the coramo SS ofthe district in which the said infringfament has occurred ''mL^"^^ Vic. c. 9 ..4.) No offender against the P^ visions ofsection 92 of the Quebec license law ot 18J8' ^f/,^7,^^ by this act, or of the act 42-43 Vi« c 4, shall be liable to mo^ than one condemnation for one and the same offence. OTHER PENAL PROVISIONS. ^ 95. The husband, wife, father, mother, i^'-o^l^^/"' .^ff ^^^f'S in^ tutor, or employer, of any person who has the habit of dr.nkin, ;«l/^-.7;/>ofinrt liannr to RXCeSS ; . .1 i ,,. "The manager "or" person in charge of any asyiuin or i^osPJ^J '."' charftaTinstilution, in which such person resides or is kept . Tiie curator of any interdicted person ; ! ' ! QUEBEC LICENSE ACT. 325 1 be kept therein, receive or harbor Or the father, mother, brother or sister, of the husband or wife of such person ; Or the tutor or guardian of any child of such person ; May give notice in writing, signed by him or her, to any person licensed to sell mtoxicating liquors, or who habitually sells such liquors, not to sell or deliver the same to the person having such habit. of I from I 96. If m the course or one year from the date of sUch notifica- tion. the person thus notified, either personally, or by his clerk servant or agent, sells or delivers such liquors otherwise than on a special demand, for medicinal purposes, signed by a medical practitioner, to the person having such habit, the person who had given the notice may, by an action for personal damages (if the same be instituted, within six months, from the commission of the offence), recover from the defendant, the sum of ten dollars at least, and of five hundred dollars at most accordingly as it shall be adjudged by the court or jury, as damages. 97. Every married woman may, notwithstanding the article 1/6 of the civil code, institute such an action in her own name without the authorization of her husband. All damages recovered by her are, in such cases, for her sole use. 98. In the case of death of either of the parties to the suit the action and the right of action, given by the articles 95 96 and 97 subsist m favor of or against their legal representatives respectively, provided that the identity of the person, to whom the liquor is sold, be known to the seller at the time of such sale or deliverv. £;9. The master of an inn, restaurant or anv other house where intoxicating liquors are sold, and every person employed by him in the establishment, are severally liab'e to an action of damages, towards the representatives of a p n, who shall have become intoxicated there, by means of liquors ....ivered to him by the said master or employee, and who, by reason of his drunk- enness, shall have committed suicide or died from some accident occasioned by such intoxication. 100. Thisright of action, which lasts but for three months from the date of death, may be joint and several, or distinct and separate, again^* each of the individuals so responsible ; and the representatiVv-a of the person deceased may recover a sum of not less than one hundred dollars, and not exceeding one thousand aollars, under such action for damages and interests, accordinglv as any such sum be adjudged to them, by the court or jury. l®!* If a person in a state of intoxication commits an assault ,7 •••. '"o"''' ^^j piwpcis-y, i"-c; pcrsuii vviiu snail nave delivered tue liquor causing such intoxication, in contravention of this law or any other law, is subject, as regards the person injured, to the 1^^ I 1^ ■i ! r ■»iif J^i ::'l J 326 qcebEc license act. same civil action or damages, as he who committed the assault or damaged the property. The responsibility is joint and several. 102. {As amended by 43-44 Vic, c. W, s. 30.) If a licensee to sell intoxicating liquors or to keep a temperance hotel, is con- demned for a contravention of this law or is convicted of felony^ the tribunal pronouncing the sentence, may revoke the certificate by virtue of which he obtained his license. 103. {As amended by 43-44 Vic, c 11, j. 31.) When the licen- se Inspector has been informed of such revocation, by the tribu- nal or by the clerk of the court, he shall notify the licensee of such revocation, and thereupon his license becomes null and void. 104. If the licensee, who has received regular notice of such revocation and annulment of the license, continues to keep the house or shop authorized by such license, and to sell intoxicating Jiquors, he becomes liable to the fines and penalties impos3d by this law on persons who keep such houses, and sell such liquors, without a license. 105. Every payment in money, or m objects having a pecu- niary value, for iniuxicating liquors, furnished in contravention of this law, is held to have been made without consideration and against law. 100* The amount thereof may be recovered from the receiver thereof by the party who made such payment, or by his wife without the authorization of her husband, and by his father or his tutor if he he a minor ; and all contracts and obligations whatever, in whole or in part, made and entered into, for or by reason of such furnishing of such liquors, in violation of law, are null ; saving the rights of third parties. lOT. No action can be maintained, for or by reason of the sale of liquors, furnished in contravention of this law. This article does not affect the provisions of article 1481 of the civil code of Lower Canada. 108. {As replaced by 43-44 Vic, cl\, s. 32.) [Every policeman, constable and other person thereto authorized in writing by a License Inspector, by a justice of the peace, the Judge of the Sessions, the Police Magistrate or the Recorder, may enter any unlicensed place, frequented by the public, where there is reason to suspect that intoxicating liquors are exposed for sale, and to search therefor; and if such are discovered, he shall take and carry away such intoxicating liquors and tiie vessels containing rilVSti Hi License InspectCx' for the district to await the judgment of the court respecting them.] QUEBEC LICENSE ACT. 327 imitted the assault .) If a licensee to Lnce hotel, is con- ionvicted of felony, voke the certificate ,) "When the licen- ,tion, by the tribu- ify the licensee of becomes null and ular notice of such inues to keep the to sell intoxicating lalties impos3d by i sell such liquors, cts having a pecu- i in contravention ; consideration and I from the receiver 3nt, or by his wife d by his father or ts and obligations jred into, for or by olation of law, are y reason of the sale law. This article of the civil code of [Every policeman, 3d in writing by a !, the Judge of the er, may enter any lere there is reason led for sale, and to he shall take and vessels containing rl v\r\cto ISO c^ir\r\ nffnPi le judgment oflh& OBLIGATIONS IMPOSED UPON AUCTIONEERS, AND PENALTIES FOR CONTRAVENTIONS BY THEM COMMITTED W^opt^iyZtetl^^^^ and moveable U:o?ity 'of jus^fceTthVoig'ttt^^ -'^ ^V - cTuKTh^tl^l£^^^^^^^ »: liable purposes or sold LM.-'"" ''''''' ''"' "''^ious or sola in P<^yleTotm;^MtJna^ZnZr^!l7°''''^ Y""^'' «™ g^aT„'t'^^xr,^o';'src7m'J,tI,T'r^•'^'°r'?™p-'^• bitants of the rural distript«rp!?^-; ^^^P^^^^ by the inha- cry in this Province and fldf.iapH f? <^ so d by auction and out-' therefor, shall beToldTy alSdVu'o uJifef' """ '*" """"'' tioneer, to the LicenTe inTDector o"t S^L?" P*''i' \ ">« ""^ at the cost of the selL i,n L.« ^'„ ""^ Proceeds of the sale, in theeondit on ofsaie CtT.h H..?P''f V."P"''«''™ ^e made in Which cas:Z'!Z'isllMiXVX!''^''^ ty thebuyer; an"*tiv?rbtI%Krt?,V'?^^^?' "Thandise, stock in trade s..e ly ifL!^-2t^s:sTi sru"ot" 'i':" "•' ni. {As amended by 43-44 Vic c 11 c ^q \ Axri,^ being an auctionppr Hniv Wnl-r^V^A' ' ^' '*•'•' Whosoever, not (such license S^afthV^^T^'^f '^^'^"'''^^ ^^ ^^^ present law and by outcry Tn this Provfnnp ^"'""'^ '""'' ^^ P"^'^^ ^^^tion moveable, eSis merchanX« "^r^. VT^viY, immoveable or auction duty SeS .nr-h nf. "^ k,°°^ '° ^''a^^' ^"bject to chandise and SS's sLpk^f r'' Vjoveviy, effects, mer- licle, and whosoever ca^^^^^^^^ '^^ r''^""^ ^" or not of the proDertvsn .nldT. ?• ',T^^*^^/^^^^ proprietor aniclP, shall incur a Lnalt^^^^^^ *^^ terms of this the maximum, ?n the SrV/nrK*" T*i^^^"'^°° thereof, at minimum of fiftv dnii«r«. nwi?''?-^""'*''®^ '^^'"ars and at the i^ouncing 'the same *^' ^'''''"°" °^^^« ^^it>"nal pro! attuLrover^'hisStl'''^^^^^ ^'^^^ ^Y him -ed in any^ITw^lSSl^lll'nt^^^^^^ il^-T.V ^^ .1 ( 328 QUEBEC LICENSE ACT. \h: if r 1: III *l 'm dollars for each such olFence which may be recovered by the License Inspector of the District in the same manner as providod for other ollences against the License A,ct, one half of sa.d p^inalty shall be paid into the Provincial Treasury and the remaining half to the License Inspector. ll!8. Such person, selling without license, shall pay the dutie^ on such sale, in the same manner, as if the sale had been unde'" a license. In addition to the penalty aforesaid, whosoever without such license makes a sale so prohibited, as aforesaid, and who, within the thirty days following such sale, neglects to pay to the License Inspector, or to his agent, the amount of the duty on such sale, incurs a line of twenty dollars for each day during such neglect. 113. The amount of such duty, and of such penalty may be recovered by the License Inspector by the same prosecution, and in default of payment of the amount in principal and costs there- of, the contravening person is liable lo imprisonment, for such time as shall be pronounced by the tribunal, being not more than three months and not less than one month. 114. Every auctioneer shall under a penalty of twenty dollars keep'" a book, preserved for that purpose, a detailed statement, in the form prescribed by the Treasurer, of all sales made by him and give to said Treasurer all information by him required from time to time. 115. The License Inspector, his deputy and every person au- thorized to that effect, by the Treasurer, shall have, at all times, access to such book, for its examination ; and every auctioneer refusing to allow such examination incurs a penalty of fifty dol- lars for each contravention of this article. 116. Within the first ten days of each of the months of Feb- ruary, May, August and November of each year, every licensed auctioneer shall pay to the License Inspector or to his deputy, the amount of duties levied on the sales by him made, and not paid over. He shall also furnish to the License Inspector, or his deputy, a full return, with a report, in detail, signed by himself or his as- sistant, chief clerk, agent or partner, stating the « quantity of all moveable and immoveable property, effe'cts, m^' chandise and stock in trade, subject to duty, which he has sold during the pe- Sod not comprised in his last return, stating the amount of the sales of each day, and the total amount of the sales made by aach person, firm or estate. If no sales have been made by such licensed auctioneer during said period, the same shall be mentioned in his return. | Such return shall in either case be attested, under the oath or affirmation of the person making the same. QUEBEC LICENSE ACT. 329 1117, The License Inspector or his deputy, may receive such oath or affirmation, an'" matf put to the person making the inme all such questions ^ may think lit, to which questions the deponant or affirmant onall make answer, under the sanction of the same oath or affirmation. 118. Every auctioneer and every person who sells goods by auction, charged with the duty of one per cent, but which goods may be sold by other than an auctioneer, who neglects to pay the amount of the duties, and to make the return aforesaid in the required form, shall incur a penalty of twenty dollars for each day he neglects so to do. ' 119, The amount of duties received, and not so paid over, may be recovered, with costs, in the same prosecution as for the nen- alties. ^ The person, so in default, b'icomes liable to have his license declared forfeited, and such license, from the day a notice, to that effect, IS inserted by the Licen-^a Inspector in the Official Gazelle IS revoked, null /jnd void, arid no new license can be granted to such defaulter, until enti'-e payment be made, in principal and costs, of the amount dud. OBLIGATIONS IMPOFgD ON PAWNBROKERS, AND PENALTIES FOR C0NT'.AVENTI0N8 BY THEM COMMITTED. 180. Whosoever carries on the business of pawnbroking or whosoever lends on pawn, without having a license to that effect, still in force, incurs a penalty of two hundred dollars. 121. No person shall keep more than one house, shop, or pla- ce of business, for taking goods in pawn, on money loans, under a single license, undcx- a penalty of fifty dollars for each week during which he contravenes this article. ' 123, Every pawnbroker shall expose on the outside of the door of his house, shop or place of business, a sign bearing his name, with the word "pawnbroker" written or printed thereon m large letters. He shall also oause to be painted, or printed in plain letters, ana placed, m a prominent part of his shop, a graduated scale of the rates the law allows him to charge on loans, and of the re- muneration he is entitled to exact on the memorandum or notes Jie IS obliged to keep in the manner provided in the following ar- ticles, as well as mentioning those he is obliged to keep gratuit- ous y, under a penalty in each of these cases of forty dollars, for each week of his default so to do. 123. Before making a loan, he shall enter in a book, kept for inat purpose, a description of the articles received in pawn, men- ,, '•' ••-"" i^o-xicu, iiic uatc ui ma iiiouui anu year oi tne ioan, me name of the pawner, the street he lives in, and the number of his dwelling, if it be numbered. H .« 'l 4 ^l?f f ^hl-' ill \k': If*! i ; t i ■"-^^m f' 1 i 330 OJEDEC LICEVSS. ACT. iif t^ ., \.i Ir J- 124. This entry must specify whether the pawner be a pro- prietor, tenant or suh-tenant,, or if ho bo merely a boarder in tlio h J80, using the letter (P) if he be a proprietor, (T) if he be a te- nant, (S) if ho be a sub-tenant, (B) if he be a boarder; the name of the j)roprielor of the house, as given by the pawner, if he is is not the proprietor, shall also be entered. 125. Every article on whicl i loan is effected, shall be enter- ed in a book kept monthly for that purpose, and shall be care- fully k.'pt. These entries shall be made in .he order of the receipt of the articles, and be designated by numbers ; the first article received bearing No 1, and so to continue to the end of each month : and each memorandum mentioned in the following article, relative to the object placed in pawn, shall be inscribed with a number cor- responding to the entry made in the book. 126. When taking articles in pawn, the pawnbroker shall gi/e to the pawner a memorandum, or note, containing the des- cription of the articles pawned, the name, place of residence of 'the pawner, the number of his house, and the indication of his quality, whether proprietor, tenant, sub-tenant or boarder, using the letters herein above indicated in article 124. On the back thereof the name and residence of the pawner shall be mentioned. 127. The pawner shall take such memorandum and if he fai' to do so, the pawnbroker is forbidden to keep the articles put in pawn. 128. If the sum loaned be less than one dollar the memoran- dum is given gratuitously ; if it be for more than one and less than two dollars the pawnbroker may exact one cent for giviug the same, two cents if it be two dollars or above that amount, but does not reach the sum of live dollars ; four cents if the sum loan- ed be five dollars or mo'-^, but does not reach the sura of twenty- five dollars : and seven cents if the sum loaned be twenty-five dollars or more. 129. No pawnbroker shall receive any money or valuable consideration whatever, for the keeping or storage of articles placed in pawn. 130. No pawnbroker is obliged to return the articles placed in pawn, unless the pawner remit to him the memorandum, ex- cept in the case hereinafter mentioned in article 137. 131. A duplicate of the memorandum shall be attached to the articles placed in pawn, and when said articles are returned, the pawnbroker shall write on each duplicate, the rate of profit I ue upon such articles, and keep one of these duplicates during cue year. 132. If. in the course of rie year, from the date of the pawn- ing, tiic pa^yne^ Oners to tue pawnbroker tho uniouat in principa: =| of the loan, with the legal profits accrued, and delivers up, at f QUEnEC LICENSE ACT. 33t pawner be a pro- •ely a boarder in tlio or, (T) if he be a te- , boarder ; the name I pawner, if ho ' 13 3ted, shall be enter- and shall be care- the receipt of the first article received of each month : and g article, relative to with a number cor- pawnbroker shall containing the des- ice of residence of d indication of his t or boarder, using 124. On the back shall be mentioned. idum and if he fai' the articles put in allar the memoran- than one and less ne cent for giving ve that amount, but snts if the sum loan- the sura of twenty- ned be twenty-five money or valuable storage of articles the articles placed memorandum, ex- ile 137. all be attached to tides are returned, 3, the rate of profit i duplicates during ! date of the pawn- rnoiiat in principa: nd delivers up, at i iho same timo, the memorandum above referred to, and the pawnbroker refuses, without re&. a'ble cause, to return the articles by him detained, the pawner may -".olare the fact, under odlh, before two justices of the peace of the district where the contravention has been committed, who shall summon before lhe..i the pawrbroker and the pawner, and examine Ihom, with their witnesset,, if any they offer. Itt3. Ifthetenderofthe memorandum, ofthe principal amount of the loan and the proUts, within the delay of one year afore- mentioned, is proved under oath, the justices of the peace, shall order the immediate re^tUution, of the articles placed in pawn, the pawnbroker to -eceive such memorandum, principal and profits. *^ 134. If, notwiti. .nding such orde so given to him and the offers to hi.n made, .ne -^awn-broker persists in his refusal to deliver the articles, or to pay the value thereof, accordingly ns . the justices of the peace shall have adjudicated, they shall cause him to be imprisoned, in the common jail of the district to which he belongs, and he is there detained, until restitution ofthe articles pawned, or until full payment of their value to the pawner. 13»!f. livery person who presents the memorandum to the- pawnb.'oker, and offers him the payment of the loan and the profits, s in si far as regards the pawnbroker, held to be the- propriet( r of the articles placed in pawn. 136. The pawnbroker on receipt of payment and of the memo- randum, shall hand over to him the 'rticles pawned, and be is then relieved from all responsibility, ualess, he shall have been ?;eviously notified, in writing by tho real proprietor, forbidding - hiir to deliver said articles to any other than himself. 137. In the case of such a notice being received by the pawn-- broker, and likewise where the memorandum has been lost, des- troyed or filched from the pawner, or fraudulently obtained from him. the articles remaining in the hands ofthe pawnbroker, the pawnbroker shall give to the person, who pretends to b^ the pro- prietor, a copy of the memorandum, with a forhi of aflidavit of circumstances, which are stated to him, which affidavit shall be sworn to by the pretended proprietor, before a justice ofthe peace. On verbal notice given, in the presence of a witness, by the pretended f rrprietor to the pawnbroker and to the pawner of the time and plaoe when and where they should attend before the justice of the peace ; (provided, that one day elapses between the - day of notice and that of attendance,) the justice ofthe peace, at the time and place indicated, hears the parties and their wit- nesses on oath, and examines the documents nroduced. and awards = tiie articles claimed, to him who establishes his right of owner- sliip. . "I-; -rf .'-■-■ 1 i ['■ ■• } :|l., t 332 QUEBEC LICENSE ACT. m 138. The judgment shall be in writing, and shall be delivered by the justice of the peace, to him who shall be declared to be the owner who, upon delivering it, in the presence of a witness, to the pawnbroker, acquires the right to redeem the articles. If the pawner makes default, the statement UHder oath of the pretended proprietor of such article, establishes his right of propri- etorship. 130. In the case where, for some one of the reasons above mentioned, the pa\yner cannot produce the memorandum, and no other person claims the articles pawned, his affidavit, given as hereinbefore provided, constitutes sufficient proof of his right of ownership. In either case the pawnbroker must return the articles, on re- ceiving what is due to him thereon, and, on hffe refusal to return them, he is subject to the penalties contained in article 158. All these proceedings are without costs. 140. If the loan do not exceed one dollar, the pawnbroker , has a right to receive two cents for the copy and affidavit, four cents if the loan be more than one dollar and does not exceed five dollars, and if the loan exceed five dollars, the pawnbroker shall receive five cents. 141. The pawnbroker shall sell by public auction all articles ppwned, bu+ not redeemed, within one year from, but exclusive ( the day of pawning, without the formality of a judgment to tiiat effect, notwithstanding article 1971 of the Civil Code. 14S, A catalogue containing the name and residence of the pawnbroker, a description separately of the articles, their num- ber, the date when pawned, and notice of the sale containing the above mentioned particulars, and the day, hour and place of sale, shall be inserted in some newspaper in the locality, or in case there be no newspaper published there, then in the nearest locality wherein any newspaper is published, not less than three days previous to such sale,and in the interval between the publica- tion and the sale, the articles shall be exposed to view md open to public inspection. 143, So long as such sale has not taken place, the pawner may redeem the articles pawned, on paying to the pawnbroker what is due on them, and the pawnor's share of the expenses incurred, by the publication mentioned in the preceding article, which share shall be the proportion, which the sum loaned on the articles redeemed bears to the total sum loaned, on the arti- cles mentioned in such publication. 144. If the articles be not separately described in the cato- logue, the pawnbroker shall pay to the owner thereof, a sum of not more than fortv dollars, and not !rsp, than "i^^' H"""!-" in be recovered in the same manner as penalties under this law.' QUEBEC LICENSE ACT. 333 145. Every pawnbroker shall enter in a book, kept for the purpose, an exact account of the sales by auction, of pawned articles indicating therein the date when the articles were •uiwned the name of the pawner, the date of the sale, the name ana residence of the auctioneer, and the amount of such sale. 146. If the amount of the sale, exceed the loan, in principal and prolits the surplus shall be paid, after deducting the L- penses of the catalogue, and the auction fees incurred, to the person in whose name the articles were pawned, in the proper- tion of the amount of the sale, to the total amount of the articles comprised in the catalogue, provided a demand for such surolui be made within three years from the sale. ^ 147. The pawner, or the person in whose name the artic'es were pawned has a right to inspect the entry made of such sale within the delay afc esaid of three years. 148. If the pawnbroker made no such entry in such book if he refuses an inspection of such entry to the pawner or his repre- sentatives, if the articles have been sold for a greater sum than IS entered in such book, if he did not sell thelrticles in confor- iDily with the foregoing provisions of this law; if he refuses to pay the surplus of the sale; if the articles have been sold belore the time limited; if they are not forthcoming, or have become depreciated in value, while so pawned ; in each such case the pawnbroker incurs a penalty of forty dollars, and shall pay to the pawner, as damages, treble the amount loaned, to be recovered before two justices of the peace of the district, reserv- mg to the pawner his ordinary recourse for any excess of da- mages, if such there are. 149. No pawnbroker shall, except at public auction, pur- chase, either directly or indirectly, any articles pawned with 150. No pawnbroker shall receive articles in pawn, from a person appearing to be under fifteen years of age, or appearing 1)6 under tlft influence of intoxicating liquor, nor buy, nor mw 'b ^k ^"' ^^*^ "^^"loi'andum or note aforesaid, of any other oiW Hnv^'1%''' P^-""? °", any Sunday or holiday, nor on any oiler day, before eight o'clock in the morning or after eight ouock in the evening, except on Saturday evening and the evenings preceding Good Friday and Christmas, when he may keep his shop open until ten o'clock at night. ^ 151. The justices, if they consider it necessary, may comoel he pawnbroker 10 produce his pawnbook, memorandums, vou- am/h/i!:',?^ documents pertaining thereto in his possession; ana he shall produce these vouchers and documents in the statft "icy vvxTe wnen the pawn was received by him. If he neglects naa refuses to appear and produce these vouchers and docu- Mi i I n 334 QUEBEC LICENSE ACT. ments, he becomes liable to the penalties hereinafter imposed, unless he shows sufficient cause to the contrary. *fJ25. On demand of the License Inspector, every pawnbroker shall exhibit to him all his books, and the entries therein, and alJord to him an examination of the same ; such officer may during business hours, visit and examine the shop of such pawn' 153. If any person pawns the property of another, without the authority so to do of the owner, any two justices of the T\eaco may grant their warrant to cause the arrest of the offender and on conviction, he incurs the penalty hereinafter mentioned' and forfeits the value of the property pawned, which he paid to the owner thereof, and may be recovered at the same time and in the same manner as the penalty. ^ 154. Every person who knowinglv receives in pawn ficma journeyman mechanic, any goods of any manufacture, either ' separate or mixed with others and of materials plainlv intended for manufacturing purposes, when these goods and materials are m course of preparation, but before completion, and being ex- posed for sale, or any goods, materials, linens or apparel, which have been entrusted to any person to wash, scour, iron, mend, manufacture, or for any purpose of a like nature, is convicted thereof, he shall forfeit the sum lent thereon, and forthwith res- tore the goods to the owner. 155. In all the cases mentioned in the preceding article if the owner establishes by the oath or affirmation of a witness, before a justice of the peace ol the district wherein the offence Jias Deen committed, that there is reason to believe, that anv person has taken to pawn any such goods, such justices may issue a warrant for searching, within the hours of business, the i)ooks, house, shop or any other place occupied by the person suspected ; and if such person refuses to exhibit, to the peace officer charged with such warrant, and authorized to search, his pledge-book, the goods pawned, or to allow admittance to such house, shop or other place, such officer may forcibly enter such house, shop or other place and dependencies, and make such search where he thinks fit for the goods in question, taking care to do on wilful damage. 156. If the pawned goods, or any part of them, are found, and the owner thereof establishes by proof, to the satisfaction of the justices, by the oath or affirmation of a witness or bv the admission of the suspected person, that they so belong to such owner, the justices shall cause the same to be forthwith returned 10 sucn owner, and the occupant of such house, shop and other place shall incur the penalty mentioned hereinafter r ; I lli QUEBEC LICENSE ACT. 335 liable to any penalty, unlessTn'u'^ed'lTylht^ "°^ ^^ pSo&re?etTS -'^tivo to than fifty dollars'at the ditetiTf tLe tribunal?^^'^^ "'' "^°''- I^O T. ^'^^^ ^^" PENALTIES AGAINST PEDLARS. hoJfe^tot"se.Tn'thfspZ'^"e^o'''^^^ *° *°^"' ^"^ ^-"^ and nierchandise"^th theTceDtL ^°7l''' ^°°'^^ Which he Veils, b^^^^^^^ ofllc!r''oVfhTpUrryaZTln^ °"^^^''' --^^^'^'^^ - ing without a licence as aforeslidJ^h" ^T^ ?'^^'^'' ^'•««^ck- tices of the peace nearer? tn^ht 1 ^ ^u'"^ ^'"^ ^^^^re two jus- has been coCitteS for t^e nuriotp'n?'- ''' T^ contravention him, for such contraVention -^bSrhe sha Zt h^ h ^ prosecuting out warrant of arrest for anv ?nnLJ c °^ Je detained, with- eight hours. ' °^ ^°''^®'^ ^P^^e of time than forty- to' u?h &e1nspec?o'?^'Jii]Itia 'f^' '' ^^^'^'^ ^'« ^^^-e. officer, upon their reSt and aLn h^^^^ '' P^^^« delay, m^y, in the sarSe manner J^ arreldTn'd ' ^Tf^.^'e two such justices of the peace nnd hp rw and brouglit before exhibited his license nrovi^lpH ?hof ^ ^.^^aned, until he has detained, withou? warrC of Irpa r" "^^'' "?'"• ^^ ^« "ot hours. Such pedlar becomes li«hTpfo°' "°'^ ^^'^^ forty-eight for oach refusaf?oexh1b?tSs license ^'""^'^ '^ "^'^ '^^^'^^^ wiffa- iSe'gfal^^^^^ '^^"^^ ^'« 1^^^^^^^' or trafiics which his own Sffsi^^tSrtJd^T?!!''''^'^^ ^ ^'^^"s« i^ to whom such license has hPPnai f f^- "^""^ ^^'^^« P^^^son iollars for each comravention ^''"^'^' '"'^"^^ ^ ^^^ o^" ^^^^Y 1«0 rru ^^^'^"^^^^ONS RELATIVE TO FERRIES. following purposes viz • '^^^"^^^'^"^ ^« ^^ems proper for the JSi;^' establish' the extent and the limits of ferries as ^^tljZVj!Ztl^^^^^^^^ Of the issuing '■«« payable for such license "•'" '""'"^ isouea, ana liie duty or Thirdly^To fix the tariffs and rates, for which persons and 1 1 m II ;- ^^^'^^^«^^l!^5tS?9IB^i^aKE^SEip3iaa^^ — ™^_ 1 1 1' */ If' I I J ■ . \ I \ , f 33G QUEBEC LICENSE ACT. goods shall be crossed on such ferries, and the manner in which such tariffs and rates shall Jbe published, and the places of such publication ; Fourthly— To fix the time, the hours, and the fractions of hours, during which the vessels employed on such ferries, shall cross and recross, or start from one side or the other of such ferry, for that purpose ; Fifthly— To impose fines for every contravention of these regu. .aliens ; and such regulations have, during the time for which they shall be in force, the same effect as if they formed part of this law. 164. The Provincial Secretary shall cause to be published all the regulations established as aforesaid, in the french and english languages, in the Quebec official Gazelle, at least three times during the three months which follow their date, and every number of the Gazette containing a copy of such regulations or of any of them, is proof of the existence of such regulations. 165. The proprietor, master or person in charge of any vessel employed for the transport of persons or goods over a ferry, as above stated, is considered to have acted as a ferryman, within the meaning of this law, and is liable to all the fines imposed by its authority, if he infringes the same, by acting in such manner. FINES AND PENALTIES RELATIVE TO THE KKEPING OF BILLIARD TABLES. 166. Any one who keeps for gaiii, a billiard table, without having a license, still in force to that effect, as hereinbefore staled, renders himself liable to a line of fifty dollars for each table thus kept by him. 167. All sums of money or value paid, furnished or promised, directly or indirectly, by those who play upon such billiard tables to the keeper of the same, his employees or representa- tives, for so playing on the same, is considered gain within the meaning of this law. 168. Every person holding a license for n. billiard table, shall cause to be painted or engraved upon such table, in visible and legible characters, the number of the license by virtue of vAhich he is authorized to keep such table ; and he shall also cause the said license to be exposed, in a prominent and visible portion ol the appartment in which such billiard table is placed. 169. Every such person incurs a line of fifty dollars for cad week during which he contravenes the provisions of the two preceding articles; likewise all persons who, intentionally Itr-.j'jTv, ij-_iu,vb ui uuiiocai aiij iiulllUCi" oU paUIlO'i OF BllgrUVCU, incur a like fine of fifty dollars for each contravention. I QUEBEC LICENSE ACT. 337 B KKEPING OF FINES AND PENALTIES RELATIVE TO POWDER MAGAZINES AND TO THK SALE OF POWDER. 170. Any person who keeps or makes use of a pow.ler ma- gazine, for the storage of powder, without a license, shall be lable to penal prosecution under which he may be condemned to a fine of hye hundred dollars, for all contraventions of th^ article committed up to the time of the institution of such prose- cution, If It be the first, and, in case of repetiton of the olfence he may be again prosecuted and condemned to pay a like fine of live hundred dollars for all contraventions committed in the interval, between the first prosecution and the second, and so on from one prosecution to another. 171. Every building, used for the storage or keeping of anv quantity of powder, exceeding in weight twenty-five pounds, is held to be a powder magazine, within the meaning of this law. 172. No person shall keep for his own use. and not for sale or storage in any building other than a pow.ler magazine, anv quantity of powder weighing more than ten pounds ; and everv peison keeping a quantity of powder allowed by law. shall store it in a metal box or case, at a sufficient distance from all inilam- matory agents, sl )h as a lamp, candle, light, gas, stove, stove- pipe hearth or hre. (and the above enumeration shall not be limitative,) shall be liable to a penal prosecution therefor in which he may be condemned, to the payment of a fine of twenty dollars m the same manner, and in accordance with the rules mentioned, m article 170, for all contraventions of this article. 173. No provision of this law applies to powder magazines nor to the magazines of Her Majesty, and does riot alest the transportation, by the troops of Her Majesty, on military ser- vice of the munitions of war, coming into powder magazines of Her iMajesty, or going therefrom. s » ui 174. M* nmerKUd by 43-44 Vic, c. 11, s. 34.) Everv nerson who sells or keeps for sale, whether by wholesale or retail anv E"f irJ P°r^'^«'*' without having obtai-ed a license to that etrect. renders himself liable to a fine of ten dollars for each sale 01 powder ; and for so keeping powder fur sale, shall be liable to a penal prosecution therefor, in which he may be condemned to he payment of a fine of ten dollars for all contraventions of this 175. {As amended by 43-44 Vio.., c. 11, s. 35.) Everv Derson keeping powder for sale shall constantly keep, conspicously desf- '^rl:±^^ZF'^?,%^''Vr^^^^^^^^ «^..«"^h binding, a pain 01 a fine of five dollars, for each week, during whic" he contravenes this article, ° 22 ' 338 QUEBEC LICENSE ACT. 0\i. m I . '•'¥■■ -J 176. The Lieutenant-Governor in Council may, from time to time, make the necessary regulations, conformably to tlie provi- sions of this law, for the reception, transportation, storage and delivery of powder. ITT*. No quantity of powder shall be stored, kept, removed, received or delivered, except in conformity with the provisions of this law, and the regulations made, or which shall be made, by virtue of the preceding article. 1T8. These regulations, may impose penalties for every in- fraction, or for all infractions, of the provisions of this law, rela- tive to powder, for which no penalty has been imposed. 1T9. Every proprietor and tenant, of any powder magazine, is personally liable for all the penalties imposed, for the contra- vention of any regulations made by virtue of this law, in what concerns the removal of powder coming from, or going to such powder magazines. 180. The Lieutenant-Governor in Council may, through the intermediary of any functionary, or of such pei-son, as he may name for that purpose, acquire from the Government of the Do- minion of Canada, or from any person whomsoever, or he may cause to be built, one or several powder magazines, within the limits of this Province. 181. The Lieutenant-Governor in Council, may also appoirt or employ the functionaries or persons he deems necessary, for the care, maintenance and the general service of every powder magazines, at such remuneration as he considers reasonable. 183. The powder magazines may be kept and guarded, for the benefit of the province, by the functionaries or persons men- tioned in the preceding article ; may be leased to private per- sons, or to a company, on the conditions, on and in the manner determined upon by the Lieutenant-Governor in Council, subject in both cases to the provisions of this law. 183. The rates which may be demanded and received for the storage of powder, in such magazines, are fixed by the Lieutenant- Governor in Council. 184. The Lieutenant-Governor in Council may, on such terms and conditions as he deems fit, authorize the Treasurer to pay a subsidy to one or more persons, to assist in the construction of any powder magazine, near to but outs' ide the radius of five miles aforesaid, of the cities of Quebec and Montreal erected under the provisions of this law, provided that such subsidy shall not ex- ceed the amount of one-third of the price of the powder mngazine, and that the plans, specifications, demand of tenders and the c'ontrucl for such building, shali hiive buen previousiy approvt-u of, by the Commissioner of Agriculture and I'ublic Works. OUEnEC LICENSE ACT. 339 ' (It, permit 11 e storage of 'Dowrtilt'" ""' '•?KHla"'«'s he deems hundred pounds' nhevMnirofn..h!i.''»?l'''^' exceeding one and olhersimilar worksof i n fMi/^™. ^'"''^' ™''™ys, canals, in the country parts -and P?^m^? ""»"«• "f. generally speaking «ach of such wJrks from thfZ. f."<=h storage, in the case of any one of the rmvisionTof thu'^K.' "' '"' P""'^'™^' <" <>' P»ES *™ PEK..T.KS aE.XT.VE TO cmcUSES A.n „»..„,„„, «p?n®or%xhiK°circ''u"s o^manit'"? * "T^^ '» ">"' ^"■•'"'. ^hall hSndred dollar'srrerch%?rSrn^i-?thSit"/^ ""^ °'°- serif sha^rsSCl°ic;nTt"o'IL''r''''''''^ * '''^^^ <>■■ ■"»»- ^isr^dL-istf-SS''--"^ «t?efp ;rJ^nl^aSii"lir& "iFecrbylhtLlcT-"",' "' '"^ r/si|nVhraTSd1e°^tt1uriS5^^^^^^^^^ or a justice of the peacrseizrZ ^1'h °'"*''"f''"*^ forming pari of a cir^, s and menagerif ?or 'thfn"""' """ '"'"='' iiilion of which, no license ehliii?,'!, ., °P''"'"8 orexhi- • thoy may have ^ePusX thow^h?;Lu1Sd' lict"n',e°' ""7'''''' sei^ed^or .he%^JrnroVThe t?irn^e°d-;ri\^^.t Se%'at '""mi's oTrZlZ.^iZ^ZTr^r'''''-''''' " ™^ ^»- or ucE„SB ■NrcToaraHrxrvl x^o'^rslME"""" -fofhV^p^to'i'b^^'htaTpSera^ ho limits of his district ffiaclrfifulJli^?'?'' ^^''"' """'hin .h.s law and, to this ^l^<^lt !>:^1&:!!'aZ:^7^^ °^ kept,t7airoTlrsKgeT'' """ ^^"^ ^'^"^ -'- P-"- is J.^Kvery shop, or place of business of a pawnbroker and auc 4^SntL\^';!,^"^„iiSltTb^Sf ■ n^^ »y Wmard 's kept or sunnoseH t„ hi wl?. rlt'PP.'.i"""^''' »■■ bagatelle board. '".^icotlSi^u^t"''' "'™''" """"^^^ of Which ere sold in. m 340 QUEKEC LICENSE ACT. 5. Every inn, restaurant and temperance hotel, railway buffet and liquor shop. 190. (As amended by 43-44 Vic, c. U, js. 36) Every master of a house, steamboat or vessel, of which the visit and inspection are as hereinabove authorized, refusing admission to such License ilnsneclor, his deputy, or other person authorized by him or a iustice of the peace, any where, and any other person hindering the visit and inspection in question, or molesting a policeman in the execution of his duty, relative to these objects, becomes liable to a fine, not exceeding fifty dollars and not less than eight dol- lars for each contravention. .» »c rr- 191. (As amended by 43-44 Vic, c 11, s. Zl and by 44-45 Vic, r is 6\ It is also the duty of the License Inspector, to pro- secute contraventions of this law, whenever he is requested so to do by a municipal corporation, and such corporation has assumed the resDonsibility for the costs to be incurred. ... In any municipality where a prohibitory by-law is m force, or >^'^l ^c 34^2 QUEBEC LICENSE ACT. HiOl* On all prosecutions instituted before two justices of llio peace, a judge of the sessions of the peace, a recorder, police or district magistrate, the provisions of the Act of the Parliament of Canada (32 and 33 Vic, chapter 31), concerning the di'ties of justices of the peace out of sessions, and summary convictions, and the provisions of chapter 103 of the Consolidated Statutes of Canada, not abrogated nor modified by the Parliament of Canada, apply, except in cases of incompatibility, with the provisions of the present law, in all matters wherein no special provision has been made therefor. i I J: f ;' I IN WHOSE NAME PROSECUTIONS ARE INSTITUTED AND THE PROCEDURE THEREON. S03. The actions or prosecutions, for contraventions of this law, are brought in the name of the License Inspector, for the district in which the contravention has been committed, or in the name of 'he municipality of the city, town, or other local mu- nicipality, where such contravention has been committed, or by an informant. 20*1. But such prosecutions, instituted by a municipal cor- poration or an informant, and the judgment rendered on such j)rosecution, become of no effect, if a prosecution is brought by the License Inspector, and cannot be pleaded thereto, unless the amount sued for, by such corporation, or informant, has been [>aid as required by law, or the defendant has undergone the ioi- ])iisonment, to which he has been condemned, in default of payment. 304. It is not necessary to allege, on a prosecution institut- ed under the authority of this law. in the declaration, informa- tion, complaint or summons, negative fapts nor any facts, which it devolves upon the defendant to prove. 205. (As amended by 43-44 Vic, c. 11. s. 40.) Several cases of contravention of this law, committed by the same person, may be cumulated in one and the same declaration, information, complaint or summons, provided that such declaration, informa- tion, complaint or summons contains specially, the time and place of each contravention ; and in such case, the forms indi- cated by this law shall be modified, mu/a/w mw/andu ; but no lurther additional fees shall be allowed to the attorneys than if there had been only one contravention. 300. If the prosecution be brought before a tribunal, other than the Circuit '^ourt or the Superior Court, the amount of the line and penalty snail not exceed, on the same prosecution, one hun Ired dollars, notwithstanding the number of contraventions. 307. Before every tribunal, except the Superior Court and Circuit Court where the ordinary rules of procedure, in infe- rence to amendments prevail, any declaration, information, com- • ■;,..!(•: OUEnEC LICENSE ACT. 343 D THE PBOCEDURB ed, in default of plnint or summons may, on application of the informant, to that ellHCt, be amended, in substance or in form, without costs Upon such amendment, the defendant may obtain a further delfiy, in which to make his defence and proof. 208. Any husband, living and residing with his wife, when any contravention of this law is committed by her, whether she IS a public trader or not, may be prosecuted and convicted in the same manner, as if he himself had contravened this law. ' 209. In every prosecution, under this law, before anv tribu- nal other than the Superior Cqurt and Circuit Court, in which courts the ordinary rules of procedure, as to the takinir of evi- dencH prevail, the tribunal may summon before it, anvuerson represented to it as a material witness therein ; and if such ner- son refuses or leglects to attend on such summons, the tribunal if from affidavits, or from the circumstances of the case it is of opinion that the witness refuses to appear, and thereby the ends ol justice may be defeated, may issue its warrant for the arrest of such person; and thereupon, he shall be brought before the tribunal, and he refuses to Jbe sworn, or to affirm, or to answer any questions touching the case, he may be committed to the common jail, there to remain, until he consents to be sworn or to affirm, and to answer. ' 210. If, in addition to the cases mentioned in the precedini? article, any person summoned as a witness, to give evidenpo before a tribunal, touching any of the matters relative to this, law, neglects or refuses to appear at the time and place appoint- ed for that purpose, without reasonable excuse, and in resnept of the reasonableness of which excuse, the tribunal seized with the prosecution for the penalty mentioned in this law shall l". cide, or appearing, refuses to give evidence upon oath shalV incur, for such neglect or refusal, a penalty of forty dollars even^ though the prosecution may have terminated, without his having appeared or given evidence. avuig , ?.ll- Upon the demand of either party, the tribunal mav in ts discretion, receive, and cause to be taken in writinff th^ Hp posilions of the witnesses then and there present, and postnone the trial to a iurther day iixed for that purpose. Postpone 212, Every person, other than the defendant, summoned or examined as a witness in any prosecution brought under this law is bound to answer all questions put to him, and which are pertinent to the issue, notwithstanding any declaration on his part, that his answers may disclose facts tending to subioct him to any penally imposed by this law; but such evidence shall n?^, he used against him in any prosecution. °' --■«, ^,-^ vivi.iiuaiit Biiaii uu UAUuiinea as a witness; in nnv prosecution under this law. wuness, m any 344 QUEBEC LICENSE ACT. m& '*. ! #- ■it* 214. In prosecutions for the sale, without license, of intoxi- eating liquors, it shall not be necessary that any witness should depose, to the precise description of the liquor sold, nor shall it be necessary to state the quantity of liquor sold, except in the case of olfences wht r the quantity is essential, and then it shall be sufficient to alloge the sale more or less, t*.an such quantity. 215. The rigourous precision, as to the mention of time in the complaint, is not necessary in the proof to justify a convic- tion ; it is suflicient to prove that such contra veul^'^n was com- mitted, on or about the time mentioned. 216. The production of the license, conslituKis sufPnent evi- dence of the payment of the duty thereon, unless ihe party pro- secuting proves, that the duty has not been paid, in which case the license, without such payment, is deemed to be invalid. 217. In an action or prosecution against a defendant accused of having carried on, without a license, the business of an auc- tioneer, the following are reputed primd facie evidence of the ) auction sale : 1 . The fact of having placed publicly, to be bid upon any article, merchandise, or property imoveable or mmoveable, he. fore an assemblage of persons, in order to induce them, or any number of them, to purchase the same. 2. The publishing, in any newspaper or handbill, of a notice of an auction sale, by defendant. 3. The exhibiting to view, in, on, or near his house or depen- dencies, of any sign, printed matter, painting or writing, indicat- ing, or of a nature to indicate, that he is desirous of acting as an auctioneer, or the fact that such have been exhibited with his knowledge or consent. 2i8. The proof that a person exhibits, or exposes to view, or permits that there should be exposed to view, in, on or near a house or its dependencies, belonging to, or occu' '-"^ by him, any sign, painting, writing, or printed matter, < oica 'j, or tending to indicate that a billiard table is kept in .' ^ e, or its dependencies, is primd facie evidence, that such peisun keeps a billiard table for gam. «^19, Proof that a billiard table is kept in an inn, temperance hotel, railway buffet or restaurant, is held to establish, that such table'is thus kept for gair. JUDGMENTS. 220. When a prosecution, instituted un^er the authority of this law has beeu brought before two justices of the peac^, judg- ment may be pronounced by one of them in the absence of the other, provided that such judgment be reduced to writing, and signed'by both justices. ,L 1 /■ Hi mdbill, of a notice QUEBEC LICENSE ACT. 345 381. When a prosecution has been brought before two ius- licos of the peace, and that they fail to agree on the judgment to bo rendered, one or the other of such just:. may sign a cortifl- cale, to that elfect, and transmit it to the uicenne Inspector, who thereupon, may institute a new action for the same contra- vention. 22fe. In default of payment of any fine imposed, or of any sum claimed under this law, the contravening person condemngd to pay the same, shall be imprisoned, and detained in common gaol during a period of three months, unless that another period of detention be prescvibed. 223. The penalty, for a repetition of the contravention, against any one who shall have incurred a subsei(uent condem- nation, for a contravention of the same nature and kind, under the authority of this law, ex ni in cases othorwise herein spe- cially provided for, is a fine of one hundred dollars and impri- sonment for six months, in default of payment. 224. - ^ry judgment or conviction, shall contain a condem- nation of the defendant to such imprisonment,, in the casef mtii- tioned in the two preceding articles, and in all other, case where- in a bimilar legal provision exists in this law. FH" ISION AS REGARDS COSTS. 225. (.4* replaced hi; 43-44 Vic, c. i* .^ 41.) 1. In all prose- cutions or actions brought before the Circuit Court, the fees of the clerk of such court, of the atlor. ey and o*" the bailiff shall be the same as those which are now allowed in the tarilfof fees for the class of actions of f'^rty dollars n.ud under, but above twenty- live dollars. 2. In all prosecutions or actions brought before the Snpprlor Court, the fees of the prothonotary of such court, of the attornev and of the bailiff shall be those which are now sUowed in the tarlirof fees for the da- . of actions in the Circuit Court of sixty dollars and over, but not exceeding eighty dollars. In all other prosecutions or actions the following fees shall bo allowed : a. To the clerk : — $cts. For original summons......... q 20 '• each copy of do , o 10 '" original subpoena , o 15 " each copy of do jo '' original warrant.e,,===,. ...,-.===„ ===........., 30 W i I u ■A t ' ' \i''. 346 QUEBEC LICENSE ACT. •For original bail-bond 30 «« each copy of do - 10 '♦ warrant of seizure and sale 30 « « commitment... ^ 30 " each witness sworn .0 10 «« drawing up every deposition 30 ** minute of proceedings in each case 50 « conviction 30 " copy of conviction 20 « hill of costs.. 20 ** certificate of taxation 10 b. To th3 bailiir peace officer or constable; — $cts. For the service of any summons, warrant, -subpoena or ' order and return 20 " each mile travelled to serve the same (no allowance for mileage in returning).... 20 " every arrest, exclusive of mileage 1 00 «< seizure and sale under warrant, including publica- tion, but exclusive of mileage 1 50 " seizure only, not followed by sale 75 c. To the attorney : — $ cts. "When no witnesses are examined 5 00 « witnesses are examined 8 00 d. Witnesses shall be allowed one dollar per day and ten cents for each mile travelled by them to attend the court when they reside more than live miles from the place where the court is held. 4. In any case, such further and other fees, as are not provid- ed for in the above Hsts, shall be allowed the prothonotary, clerk of the Circuit Court, clerk, bailiff, constable or attorney, as shall be taxed at the discretion ^f the Court, tribunal or functionary before whom the prosdCutiAn or action is brought or heard ; and when so taxed, such addililnal fees shall be as lawful and valid as if they were specially enumerated in the above lists. SSO. No fee shall be paid for any summons or warrant when the s aie has reference to goods pawned. :r J H > T . ^'S QUEBEC LICENSE ACT. 347 ions or warrant ttr tirlfVl ♦his \,t' ^i' ^'^^^^^'°". P^Y '^^ the person. in favor of whom idgment has been pronounced against the License Inspector tJbirfntitlVd.''"'"''' '' ^""''^ ^' "^^y '^^^°^' «"^^ TersorBqui'' ^^?'^^^®^ ^ municipal corporation, after having been rcqu.sled by any person, other than the Licnnse Inspector to- prosecute any contravention of this law, refuses or nnglects,'for liflcH^n days from sue demand, to institute the proslcution if' such person has prosecuted in his own name ana obtained a conviction against the contravening party, and that the cost of ' prosecution canno be recovered from defendant, the corporation .s boun. pay the prosecutor, (to whom a right of action S accorded tu recover tlie same) all costs incurred, whether ho ttreof'*'''' ^^^^ ^ disbursed or not that amount, or any part The same provision and right of action shall apply, where pro- seciUioiis are instituted by any informant, at the request of a corporation. * iv^^ucot ui a PROVISIONS RELATIVE TO THE EXECUTION OF JUDGMENTS. 23». M^ amended by 43-44 Vic, s. 11, s. 42). In default of iniinediute payment of tne line and costs, the prosecutor mav upon the rendering of the judgment or conviction, or at any time Slfn fh'^'H^r 'w^*'^' i'",V'l^ to the defendant, make option whe her the delendant shall be liist imprisoned for the time mentioned in the judgment or conviction, or shall be first pro- ceeded against by seizure. In the latter case, the amount of sSch line and cost is levied, by a warrant of seizure and sale, of the moveable elFects of the defendant ad in default ormo'v.iblel Id c lects, or in case they bo insu.ucient, the defendant shall b> n p.i&oned ^ut in either case, he may be discharged from im- isonment, by paying the line in full, all costs incurred at he time ol the conviction and subsequent costs. Except in the ca?e of full payment as aforesaid, no defendant mpnsoned m virtue of any provision of this act, shall be fS mh^n '^'""^l^^^i^y^"^""' ^f ^°"" in the warrant of com- Tn™ •o?'" '^'^^''f n"^ """"^^ «^^^" *° *^« prosecutor, nor shall anv paitial payment a.'lect or modify the terms of the iud'^raent pronounced against him in so far as imprisonment is coice?ned „„?^^* "^"y °"®. knowing, or having reason to believe, that a ■juimument nas ijuen issued against any person under this law who prevents the arrest of the defendant, L^ cures orfacilitatei ill( r 348 QUEBEC LICENSE ACT. > 1 i ! ! '■■■ u ■ ■'. ■ }-h ■«l jDy any act, counsel, or in any other manner whatsoever, his avoidance of arrest or who provides defendant with the means of avoiding arrest, is liable to a line of forty dollars. 331. The execution of a judgment, rendered in the Superior Court, or in the Circuit Court, may ta!:e place on the expiration of two days, from the date of such judgment. 3S3. In the case where conlrainle par corps is had recourse to, in the said Superior or Circuit Courts, it is granted by one of the judges of the Superior Court, or by the prothonotary of the said" court or by the clerk of the Circuit Court, on a summary petition, alleging that the defendant has not paid the total fine, or th3 amount claimed, and the costs of the prosecution. Il is not necessary that defendant should h^ notified of the presentation of such i)etition. 333. Each term of imprisonment, under this law, is reckoned from the date of incarceration. 334. If the conviction be for having sold, or allo-'vpd to be soM, intoxicating liquors on board any steamboat or vessel, without the requisite license, the line and costs may be equally levied, by seizure and sale of the tackle and furniture of the steamboat or vessel, on board which such liquors have been sold, 335. If th3 conviction be for having kept a billiard table, without a license, or for any contravention of articles 106,168 and 1G9 of this law, the fine and costs may be levied by seizure and sale of any bi"'ard table in possession of defendant at the time of the renderi.v 7 of the judgment, whether the defendant be or be not the proprietor thereof. 336. The tribunal may, at its discretion, in case the fine and costs be not immediately paid, fix an ulterior day for payment, and order that the defendant be placed in custody unless he binds himself with sureties, to the satisfaction of the said tribunal, (which is hereby authorized to take the security under the form of an obligation or otherwise, as it may deem tit), to appear on Ihe day lixed, and if on the day appointed the line and costs be not paid, the complainant may make his option, an^l the defendant shall be dealt with in accordance with the artk 'e 229 of this law. 337* When a married woman shall have been convicted, In an action instituted under the authority of this law, the com- plainant may exercise the option whether to proceed by seizure and sale, either against the goods of the married woman, or ^f her husband ; and moreover, in case the goods of one of them should be found insuflicient, then agaiiiot the property of the othec, pro- vided they habitually live together. 23S. Onthecoi:demnation ofone memberof a copartnership, QUEBEC LICENSE ACT. 349 his law, is reckoned r of a copartnersliip, under the authority of this lav/, the right of the prosecutor to proceed by seizure and sale, may, in case the goods and elfecls of the defendant be found insuflicient, be exercised against the goods and eflects of the copartnership, found on the premises, where the contravention has been committed. RECOUBSK BY CERTIORARI. 239. {As amended fc?/ 43-44 Vic, c. 11, .v. 43). Unless that within forty-eight hours after conviction, judgment, or order in any action or prosecution, instituted under this law, the defen- dant deposits, in the hands of the clerk of the justices of the peace, or of the Court which has adjudicated, the full amount of tho fine and all costs, and a further sum of fifty dollars, to secure the payment of such costs as may be subsequently incurred, no aclion, prosecution, conviction, judgment o* order shall be taken by certiorari, to any other Court, and in default of accomplishing these requirements, the notice of application for certiorari shall not suspend, retard nor affect the execution of i.'ich conviction, judgment or order. The tribunal or Judge, to which such application is made, shall dispose of the same upon the merits, notwithstanding any variance, between the information and the conviction, or of any Meet in form or substance therein, provided, it can be unders- tood from such conviction, that the same was made for an olfence against some provision of this law, within the jurisdiction of the justige of the peace, recorder, police magistrate or district ma- gistrate who made or signed the same, and it can be understood from such conviction, that the appropriate penalty or punishment for such offence was intended to be thereby adjudged, and, in all cases where it appears that the merits have been tried, and that the conviction is valid under this law, such conviction shall not be quashed, and, in case the original record is before the tri- bunal or judge, it shall be remitted to the court below. There is no appoal, from such conviction, judgment or order, to any Court of Quarter Sessions or Queen's Bench. Any person applying for a writ of prohibition in refrrence to mything done or sought to be done, under this act and its amend- ments, shall deposit with the prothonotary of the '^uun before which the application is made, and before it is made, the sum of thirty dollars to secure the payment of the costs 'iC the adverse party if the petition be dismissed. HOW DUTIES AND FINES SHALL BE APPLIED. 210. All the duties, levied under the law, shall be paid by the License Inspector and all other functionaries charged with tnoip P.nllpr'.tinn 11nfl«r» tho oorpo nMtVinr'Wxr tn t Ko Tn^r. on «/•... ^<' ♦!»£» Province, and shall form part of the Consolidated Revenue Fund, and any proportion thereof may be applied from time to time, by f -o Ni- •350 QUEBEC LICENSE ACT. ' '? -'1 '' the Lieutenant-Governor in Council, under the direction of the 'Treasurer, to the payment of all expenses incurred for the carry- ing out of this law, and the costs incurred in actions instituted for contraventions of the same. 341. When the prosecution is instituted by the License Ins- pGctor. and in his name, the fine recovered shall be applied in the following manner, viz : 1. If the full amount of fine and costs have been levied, the half of the fine belongs to the License Inspector, he being obliged to pay, the one half, of such half to the informer, if there be one, and the balance is remitted to the Treasurer, to form part of the 'Consolidated Revenue Fund. 2. If the fine and costs be not paid in full, the amount levied is applied in the first instance, to the payment of costs, and the bulance is devided between the License Inspector, the informer .e months of April and each dav dSrfn/ wh'i h'Tv.™"' ""'*^'" » B'^''^ '"'""'« J""'"' f"" eacn nay ouring whseh the same s w fiiUv neirlected isnr-h ZstlJ",,^:""""'"^ '"-'"^ ^"""^ manner^",? provided by rruvince, a statement of all prosecutions, nslituted under ihio law, which have been brought before them and ad udic^ted unon fn?';L'^h'.'?,r2""'^™'*'"8 o" 'he thirty Bret JaTofMarci; JTenl shafrmeStfo? ^ !«P'«">''er respecti/ely, and LchsS SL S^oLri:?s"bel''n%STS.e°;^r fea^h ffi^^^^^^^^^^^ . ADDITIONAL ENACTMENTS REGARDING PROSECDTIONS h.?i.1®* ^J^ery prosecution against an auctioneer or a oawn- t/Z\ "fi""" ^^'^■}^y'' '^^" ^^ instituted within twelve mS o\tle7ro?M:i!'" ^^^ °^°^^^^ °^ ^^^ contraventiorunts^s' 247. No action shall be maintained against a License In.; pec or, by reason of his official acts, unless it shal have been ins gave'rise^Jo^t"! """ "'" "^^nths, from the date of the act whrd 248. Under a plea of general denial, the License In^npr^fn^ may prove all facts of a nature to establish rspldaldeSefn the same manner as if he had pleaded the same. On di "mfia^ ZiulT,T''''^^''''l ^^ ^^^ complaint or action he defendant is Site ^,t^y.°°°^«°^^^«on for costs in his favor, againsTthe r all other sums he said Treasu- and form part irer, the License nation which he le sums received mber of licenses f the Treasurt-r, ) deputies for the sr law, an . such II take and sub- of the Treasury ed. nnually, may be to any License 353 dealt w'th, inquired of. tried, determined and punished and every penally m respet. of any such oflence shall he recovered IfJn .f ™1 T""^'. ^^ '^ '*^^ ^^'^ ^«'s and enactments had not SiZpnf "* • f?"^ "^"'y,^"' ^"*y ^'''''' a°^ «^ery commission w^r n. n "> f?""^- °!: '^'^'y' P«'^' "»*de or fixed, and ever^ warrant and other instrument duly made or granted before such repeal and every right, liability, privilege^nd prSon 'a respect of any matter or thing committed or done before such repeal shall continue and be of the same force and effect, as if the said acts and enactments had not been repealed • and everv r'pXl' L'^tr"^'""^" °' "^^''' proceeding commenced before such repeal, or thereafter commenced, in respect of any such matter or thing, may be prosecuted, continued and defended, as if such acts and enactments had not been repealed. nf??^* A" P'lo^'sions of the -Municipal Code of the Province 01 guebec whereby any municipalities are empowered to regu- late the storage of gunpowder or any other matter, shall applv ,?i[ ",n»'° f^' ^^^^^oh storage, or such other matter is not, or shai, not. at any time hereafter, be regulated by this law or bv any regulations made in virtue thereof. ^ to"his^ ordinary I 5459. This law shall be known, and may be designated and ■ cited as "The Quebec License Law of 1878." ^^'K^iiiea ana if ?.*?• The Treasurer of the Province, whenever he shall deem It conducive to the better administration and carrying out of the revenue laws, may from time to time at the public expLse cause to be prepared, printed and distributed, in the enghsh and french anguages. or in either of them, and in such numbers and manner as he may see fit. pamphlets containing the laws in force res! pectmg licenses or the treasury department and such acts o^ portion of acts, regulations of the Lieutenant-Governor in GouLh and ins ructions from the treasury department as he may d°em desirable m connection with the said laws But such pamphlets shall be deemed to be printed lor conve. mence only and nothing contained therein shall prevail aga"ns FORMS. f.?®*' J-^P ^°'!'"^ contained, in the following schedules and forms, which schedules and forms are part ol this law or other lE?.^^'"'^.' efl-ect, shall be sufficient for the Zposes fo? which they are intended. F"«pu!>«b lor ih^fo?.' '^^'^ ^*^ ^^^" °°™® ^"*° force on the day of the sanction hereby repealed : iter 2. )ter 2. iter 3. )ter 3. ►ter 5. 3ter 6. of this Province, s law, and gene- )vince containing his law ; but the t the rights and iwns by virtue of ;he efl'ect ofabro- ! the efl'ect ofre- r the acts or parts •epeal be held to { or contradictory illed against any h repeal, shall bo m * Ir m 23 H f i ' ' yi- I: i 354 QUEBEC LICENSE ACT. FORM A. (As amended by 43-44 Vic, c. 1 1, s. 45.) FORM OF CERTIFICATE FOR OBTAINING A LICENSE TO KEEP AN INN, TAVERN OR RESTAURANT, [as the case may be'] Province of Quebec, district of We, the undersigned municipal electors of the of , in the county of , do hereby certify that, ^ of , in the county of in the district of ' , who is desirous of obtaining a license to keep , *!^ , ^ ,. j , is personally known to each of us, that he is honest, sober, and of good repute, and is a fit and proper person for keeping a house ot public entertainment :— that we have visited or are acquainted with the house and premises situate at , for Which the license is required, and that he has in and on the same, bedding, stabling and accommodation for travellers, as required by law. ... We further certify that a house of public entertainment is re- quired at the place where the said house is situate.) Given under our hands, the day of in the year one thousand eight hundred and f Municipal Electors for \ the County of FORM B. fr hi FORM OF AFFIDAVIT TO BE MADE BY A PERSON DESIROUS OF OBTAINING A LICENSE TO KEEP A HOUSE OP PUBLIC ENTERTAINMENT. Province of Quebec, \ District ol J I, , of , in the county of , in the district of • who am desirous of obtaining a license to keep situated at being duly sworn, do make oath and say, that 1 am in all respect duly qualified ac- cording to law, to keep a house or place of public entertainment. [Signature,] Sworn to before me, at , this day of one thousand eight hundred and The foregoing certificate having been this d.ay submitted to the J.;^ p. for the district of ■ i.ay submitted to the gUEBEC LICENSE ACT. 355 miuiicipal council orior corporation oO «n^ ,». .^ councilor cofDoratiorn h( in^ Hni, „' u, . and the said Signed at this Hn, p and eight hundred and' ' ^ ,onethous- J. Q., Mayor. «• S. Secretary. FORM C. WHEN THE CERTIFICATE IS CONFIRMED UNDER THE PROVISIONS OF THE ARTICLES 14 AND 33. ""VISIONS OP ori878,4lW:'cTrwVd\rrf2;;^^^^^^^^ {Signalures) ^tiJ l-j. 356 !■ ^■3 i 1 1 > \i t i *>:■ W o CO !• fSI i 1'^ J' 1 f.. ■;f . . fi.i- i* i| 4i,. ;: > '■ '""'■ QUEBEC LICENSE ACT. QUEBEC LICENSE ACT. FORM E. FORM OP ATTESTATION MENTIONED IN ARTICLE 25. 357 I the undersigned attest and certify that (• Q^alilj/] on th(i day of -his name and filed in ne applies for) to be used in a house s luated in {name the ward street and number); that the said notice was on the—— day arU^iro7Th«nlhJ'?'°^''''P^ for that purpose under the fn hP Jhio Quebec License Law of 1878, and was inserted Ha fco^fnli'MT'^^"? Po°^^^^^ (name th^ place) of the City In testimony whereof I have signed this present attestation. Montreal, city hall, this day of- .18 (Signature.) *^i 358 QUEBEC LiCENSE ACT. iti' in o eft ; V*- I .. 2R-C Oi «-> • ^4 0) > p— ( > >* «ta^ ;h • P>4 c« a 2 O ^'^ ^^ CO o s 1— • tH "^ *2 Q o ~»a w a. t/3 <4) t4 •< ai '•J a V o g (A fl • r^ o rd U S m £ r/5 o C ft c •l-H '^ c ^H «J «^ a 00 rC C: 00 ^h4 e^ C J'*-! o > ■s . ;■ « a ) J ^ 4 c -> (D a J to r/ i ? a> a 5.3^ IhJ > ^ 5X5 •x: ^r^ g '^ ^ en -c fe 5 .2 - « t. IJ f^ "55 S J3 fl ^ «~i gS.2 •90U0piS9^I •uoiiTJdnooo o S 6s: QUEBEC LICENSE ACT. 359 i FuRM G. V ^w ^ ?" "™®" *^^ *^®^ presents, that we T. U,, of , « ■• . t and X. Y., of nrft hftlH and nrmly bound unto Her Majesty. Queen Victoria, Her Ilolrs ?r fawft?S.'" VV' PT' 'r "' «'^ '^'•^"d'-^d dollars of good and lawful money of Canada, that is to say, the said T. U in the sum of two hundred dollar., the said V. W in the sum'of two hundred dollars, and the said X. Y. in the su4 of two IndreJ dollars of hke good and lawful money, for payment of which well and truly to be made, we bind ourselves and each of us our senS ''''^^^'''' °°^ administrators, assigns llrmly by these pre' tok^oer"' ^^' ahove bounden T. U is about to obtain a license r ^ -^ „ .u .. ' *^^ 'condition of this obligation is such t?)at If aurmg allthe time such license remains in force, the saTd ■ n pays all f nes and penalties which he may be condemned to nav oimi rlTL^i^t'' '^'r^ri'^ons of the Quebec LJcenseYa^J of 1 878, relative to houses of public entertainment and restaurant? an. does, performs and observes all the requirements thS P."^„hrf T^ *° ^" '■"''« ^"^ regulations tVt are or may be established by competent authoritv in such behalf, then this ha^iViiJ^atdTi^^iS^ P— « w^^J, our Signed, sea'ed and delivered, i .1 the presence of us. } T. U. [L. 8.] V. W. [L. s.] X. Y. [l. s.J SGHErTJLE H. [Repealed by 43-44 Vic, c, II, s. 46.) FOBM I. FORM OF DECLARATION. Province of Quebec, ■» District of / Before {name and designate IheJusHcs or justices.) ■J^TJi'^'Pf ''''•> °^ ^^^ "''y' <'own' township, or parish) of mme of the city, town, township or parish ) in the distriPf ^r ^Z'U!^!''^''^-''''' ^'^^"^^ Ins^ecto'r iTi'ihilf of ouf L^L".' (5^Mo;;^hiror^a?is?ri;^^fe^^ it: '5C?r8S3:^;53^S5!aK^feasc=3sa53«BaE. :_£,__ \i 360 QUEBEC LICENSE ACT. For that whereas the {name of Defendanl) aid at the city (torm, township or parish) of in the district aforesaid on and at sundry times before and since {here slate succinctly the offence,) contrary to the statute in such case made and provided : whereby and by the force of the said statute the said hath become liable to pay the sum of dollars. Wherefore the said License Inspector prays judgment in the preinises and that the said may be condemned to pay the sum of dollars for the said offence with costs. I: I t , i^ h 1- jM FORM J. FORM OF SUMMONS. Province of Quebec, \ District of / To {name of Defendant,) of the (city, town township or parish,) of (name of the ciiij, town, parish or township,) in the district of (name of district.) You are hereby commanded to be and appear before us the undersigned justices or justice of the peace for the said district (or as the case may be) at (name of place,) on the day of at the hour of of the clock in the noon, to answer then and there to the complaint made against you by License Inspector, {or as tlie case may l)e,) who prosecutes you in Her Majesty'^ -ame and behalf, for the causes mentioned in the declaration, hereunto annexed — otherwise judgment will be given against you by default. Given under my hand and seal, this day of in the year of Our Lord, one thousand eight hundred and at in the district of J. P. certificalTE of service of summons. I, the undersigned , do hereby certify, upon my oath of office, that on the day of , I did serve the v/ithin summons, and the declaration thereto annexed, lon the within named defendant, at the hour of of the I clock in the noon, by leaving a true and cert' fled copy iof the daid summons and of the declaration, at the domicile of the jsaid defendant, in the speaking to of , on the day of 18 Note. — If the service be not made by a bailiff, insert " being (duly sworn do make oath and certify, instead of " do hereby, L/'or-fiPir iinHar rnv Oflth of offlf^P " /tn/J nfloT' tlia tinnnltifp. ndd : " Sworn before me, at this day of 18 ) aid at the city district aforesaid d since {here slate n such case made 18 said statute the um of 5 judgment in the condemned to pay J with costs. ivnship or parish,) in the district of 3ar before us the r the said district le day 3k in the int made against ',,) who prosecutes causes mentioned rise Judgment will day of ndred and J. P. 3NS. certify, upon ray ,Idi(I I thereto annexed, )f of the and ceriTied copy ;he domicile of the of 'liff, insert " being id of "do hereby, ^Ifi n'nnnluffi. ndd '. ' of """"" 18 QUEBEC LICENSE ACT. FORM K. FORM OF CONVICTION. 361 Province of Quebec, 1 District of f Be it remembered, that on the ^av oT ,-,, ,u year one thousand eight hundred and ^^ at tnmr.. V /^ his said oVence', to° forfeit aild pay fo '"' "^Z °IS^T"'"" '"' ai.d a 80 to pay to the said " the sum of (•„ ^- ' costs in this behalf. "' "">■ his me^n&r*' "'"" '■"• ^^"'^ '"^ ""^^ »■>" y^".- firsc above FORM L. FORM OF WARRANT OF DISTRESS. } Province of Quebec, District of !£r ^t "4 «. ;v^ r sS&« »- oosti™l;;rioiSL':ih"e°^i!;,T^'' '" 'z,^'j: ^"'^' '^^■=; fi\\^ 362 QUEBEC LICENSE ACT. ^ll-i^ And if within the apace of four days next after such distress by you made, the said last mentioned sum of dollars cents, together with the reasonable charges of taking and keeping the said distress are not paid, that then you do sell the said goods and chattels so by you distrained as aforesaid, and out of the money arising from such sale that you do pay the said sum of dollars, cents, unto the said License Inspector {or as the case may be) returning to the said the overplus, the reasonable charges of distraining, keeping and selling the said distress being first deducted ; and you are to certify to with the return of this precept what you shall have done in the execution thereof. Hereof fail not. Given under hand and seal, at , in the said district,' this day of , in the year one thousand eight hundred and Signature, J.'p. (seal) FORM M. [As substituted by 43-44 Vic, c. 11, s. 46.) WARRANT OP COMMITMENT IN DEFAULT OF DISTRESS. m^\ «4 - i -■t ^;- Province of Quebec, ) District of / of the of esquire, for the district of : To alt and every the Bailiffs, Constables or Peace Officers in and for the said district of ; and to the Keeper of the Com- mon Gaol in the said district of Whereas of the of in the district of in ^h3 year hath been convicted on the day of of Our Lord one thousand eight liundred and before esquire, for thu ai3 trict of of having {recito offeree) co-'trf.ry to the provisions of the statute in such case made and frov'ded ami for such offence hath been adjudged to pay to License Inspector for the d.vi«iior, -u Me :> strict of {the prosecutor,) the sunr of as a fine, to be applied according to law, and also tho idrtf^er sum of and cents for hi? costs in that behalf ; and in default of immediate payment of sl,. ;. Dne and costs, that the samB be levied by seizure uuu Uciie of ; lit' mo- vables and effects of the said and in default of QUEBEC LICENSE ACT. 36a iitrict f id also t>- i'artf^er veying the said ' fn ♦f ' ^?™mitment and con- sooner paid ; ^° ^^® ^^^^ common gaol, be And whereas, afterwards, on the dav of taSrorTn^^;;^^^^^^^^^^ ^aili.s or cons- the ^""^ ^ ^f. '^^^'y °«"^^y to the common gaol at orTJ +1 ^ ,• , ^° t^6 aistricl of thereof, together with'this war?a„f "'' ^ '' ^^^ ^^«P«^ And I do hereby command yo'\, the said '-em nf tv.^ . -^ common gaol, to receive the said ^" °^*^® ^^'^" there to impnsonT •'°"' '"'*?n1.^t'J" '^' ^^^J.^'-^nion gaol, and the dut. of h arrival «.« f ^'' °^ ^'^ ^°"^^« f'-O"* said fine and costs and X-n.t. of ?h '''"''' *^'''f ' ""^^^^^ ^he Bale, and of the ^^^^£!^J;!^.;Z^^^^^ -d ing to the further sum of ^° ^^'^ "^'^ ''"^^^^ «^^*^^' ^°»o"nt- said common gaol ' """''"' ^"'^ ^"'" ^ ^" ^^^ ^^'^ ^^^P^^ of the And for so doing, this shall be your suT .\,nt warrant Given under my hand ,vA 3eal,\t the "'• , m the said district, :hio °* one thousand eighthun^dred and '° '^' ^'^^ °^ ^"'" ^^'''i (iSicnature) /<«•!»- -jn <**"^' u/ tnaguiruLe.) S^qeSESaWESs: i "S 'V J ■ ^. [ ^ : ! I 364 QUEBEC LICENSE ACT. FORM N. (As suhstiluted by 43-44 Vic, c. W, s. \6,) WARRANT OP COMMITMENT IN THE FIRST INSTANCE. } Province of Quebec, District of To any bailiff or constable in and for the said district of and to the keeper of the common gaol in the said dis- trict of Whereas {name of defendant) of the of hath been convicted on the day of in the year of Our Lord one thousand eight hundred and before (name and title of magistrate who rendered judg- meiit) esquire, for the district of of having [recile offence) contrary to the provisions of the statute in such case made and provided and for such offence hath been adjudged to pay forthwith, to License Inspector for the division of the district of (the prosecutor,) the sum of as a fine, to be applied according to law, and also the further sum of dollars and cents, for his costs in that behalf; and in default of such payment being made as aforesaid, to be imprisoned in the common gaol at the of in the said district, for a period of three months, unless the said flue and costs he sooner ' and whereas the said hath failed to pay th " tine and costs : Thei therefore to command you, the said bailiffs or oons- tables, or any one of you, to take the said and h safely convey to the common gaol at the of in the district of and then deliver h to the keeper thereof, together with this warrant. And i do hereby command you, the said keeper of the said common gaol, to receive the said into your custody, in the said common gaol, and there to imprison h for the space of three months from the day of h arrival as a prisoner thereat, unless the said flne and costs and all costs of the arrest, commitment and conveying the said to the said common gaol, amount' .^ to ..''le fur- ther sum of dollars and onts be sooner paid unto you the said keeper of the said common goal. And for so doing, this shall be your sufficient warrant. Given under my hand and seal, at the of , in the said district, this day of in the year of Our Lord one thousand eiiihl hundred and eighty (Signature) { Title of magistrate.) / , c. tl, ». A6.) T INSTANCE. aid district of gaol in the said dis- of day of hundred and ? who rendered judg- of having [redU statute in such case th been adjudged to se Inspector for the (the L fine, to be applied if dollars lalf; and in default to be imprisoned in in the said district, id flue and costs k hath failed to said bailiffs or oons- to the common rict of per thereof, together I keeper of the said into your to imprison h n the day of h id fine and costs and conveying the said lmount'■'^^ to .,'iefur- onts be said common goal. ent warrant. of day of usand eiirhl hundred Title of magistrate.] QUEBEC LICENSE ACT. FORM 0. (Added by 43-44 Vic, c. II, s. 46.) CONVICTION ORDERING IMPRISONMENT. 365 Province of Quebec, District of } Be it remembered, that on the day of in the year of Our Lord one thousand eight hundred and at the of in the district of {name, occupation and residence of defendant), of the of in the district aforesaid, is convicted before the undersigned (title of magistrate) for the ^f''^\ of > for that he the said {recite !? !?^^' ♦ ♦ * • 1. . , contrary to the provisions of the statute in such case made and provided. And I, the said do adjudge the said f. ., , . for h said offence, ta forfeit and pay to * V^^ ., ,. . of , in the district aforesaid, license inspector for the division of the district of (the prosecutor), the sum 01 ('-" — -- - n . . *^ .. . /' ing to law, and also to pay the sum of cents for his costs in this behalf dollars, as a fine, to be applied accord- ' to the said dollars and And whereas the said prosecutor hath made option that tbf^ said (name of defendant) be committed to the common gaol at fnp n ^^- A r *u °f., *^ t^ie said district lor a period of three months, unless the said fine and costs be paid forthwith : I do therefore order and adjudge that in default 01 immediate payment of the said several sums, the said „^„, , ,, .^ ^e committed to the common gaol at the said of c«, 1 ' f^** ^ P5'°^ °' months, unless the said several sums of money, and costs and charges of arrest, of com- mitment, and of the conveying the said to the said common gaol, shall be sooner paid. Given under my hand and seal, the day and year first above mentioned, at the of -in the district "' aforesaid. (Signature) {title of magistrate.) f ; ' 1 i'^i V- I [■■! 4.: ■ i'-' ^-l- rrl 3G6 QUEBEC LICENSE ACT. SCHEDULE P. {Added by 43-44 Vic, c. 11, s. 46.) WARRANT OF SEIZURE AND SALE. Province of Quebec, District of } To any bailiff, peace officer, or constable in and for the dis- trict of Whereas {name of defendant) of the of in the district of hath been convicted on the peace, registrars, sheriffs, deputy-sheriffs, depu v-clerks of hP ;refor"ce/'' °""^" ^"'^ men'of the p^ovin'cTa^ ol? m^'i^ 3 Agents for the sale of crown lands, postmasters in ci^iPQ "u?ie TavaMelo Hlt^'^r^^P^?^^ '^ ''^' coSon"of an^ auiies payahle to Her Majesty, in the nature of duties of ^x&xkI including collectors as well of federal as of local levenue ' ca e of^sect on ^^ofh^ ''J ^T^ ^" '^'^ «"'"^" ^°'*^' ^^^'^ in the f hu^^^^^^^ tntn^^ =e7dXrltt,Sn.^^^^^ III.— LIST OF PARLIAMENTARY ELECTORS. 1. Preparation of the list. IS. The secretary-treasurer of each municinalitv ^haU hM ween the first and fifteenth days of the mrroTMaU in eact year, make in duplicate, a list in alphabetical orde? of a"l ner sons, who according to the valuation roll, then in force In ^iZ mumcipality for local purposes, and as revised if 7 has b^en ev,sed even for local purposes, appear to be elec or by reason nLipalUy. ' ''' ^^''''''^ '' "'^"^^^'^ ^^ '^''^' within th'.u^ cy}n'J^.^ secretary-treasurer, in drawing up the list of electors otn rf?'"^" f the persons, who appfar to be qualTfied as nmnnf.; '°'? 'u°f.^ "^^^ ^PP^^^ *o ^« ^"alified as tenants or oc^ ;S;?e1letors^^^^^^ ^'^ "^^ "^^^^' ^^^^"^^ ^^-^ "-^ •"•0 thirils, j3 will vote hm nnt A 'ti^o'V^' "" ~i""' ■.;." " ■'■^' """ '■'"™ *'*"a Jt; lor mm IMAGE EVALUATION TEST TARGET (MT-3) // ^ o 'm V A ^ 1.0 I.I ■ 50 l"^" ^ 1^ M 12.2 M 1.8 1.25 1.4 J4 -• 6" - ^ *^v^^ .<^ Photographic Sciences Corporation V «i#: #§V L1>' \\ ^9> .V % V c^ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 % m.r e 1 vV 372 QUEBEC ELECTION ACT. :4' I ■■ I ' '' ' f ' . y ^;^ m t I.St ft* : r^ 14. {As amended by 39 Vic, c. 13, 5. 2.) The secretary-trea- surer snail omi_t from the list of electors, every person, who under s^ctiont 11, 267 and 270 or any other legal provision whatsoever IS not then entitled to vole. ' 15. If any municipality is situated partly in one electoral dis- trict and partly m another, the secretary-treasurer shall prepare in the same manner for each of such electoral districts an alpha- betical list of the persons who are electors therein. 16. If the municipality is divided into voting sub-divisions under sections 59, 60 or 61, the secretary-treasurer shall divide the list into as many parts, as ther? are voting sub-divisions in the municipality. Each such part, the title whereof shall be the name, number or description of the voting sub-division to which it relates, shall only contain the alphabetical list of the electors of such votin"- sub-division. ^ 17. If a person is an elector, in one and the same municipa- lity from more than one parcel ofreal estate, or from more than one title, his name shall nevertheless be entered but orice on the list of electors of the municipality. If the list is drawn up by sub-divisions and one person is an elector in more than one sub-division, his name shall be inserted m one sub-division only ; and if such person is an electo.- in the sub-division of his domicile, his name shall be entered on the list for such sub-division. 18. In the case of section 15, if a person is an elector in more than one electoral district, his name shall hf entered in the list of each electoral district, in which he is an elector, cocording to the rules laid down in the preceding section. 1». The secretary-treasurer shall certify the correctness of the hst of electors by him made, by the following oath, taken before a justice of the peace : '' I (name of the secretarrhlreasurer) swear that to the best of my knowledge and belief, the foregoing hst of electors is correct, and that nothing has been inserted therein or omitted therefrom unduly or by fraud : So help me God. " Each duplicate list must be attested separately under the fore- going oath. 20. One of the duplicates of the list so attested shall be kept in the office of the secretary-treasurer, at the disposal and for the information of all persons interested. at. The secretary-treasurer, on the day upon which he shall take .the oath requued by the section before the last, shall give and publish public notice, setting forth that the list of electors las been prepared according to law, and that a duplicate thereof has been lodged m his office, at the disposal and for the infor- mation of all persons interested. Such notice shall be given and published in the same manner QUEBEC ELECTION ACT. 373 ely under the fore- Ihe same manner ll'e iSlfaVCnTeplrredP"''"'^^' '" '"^ -""-cipalUy i„ which form*A.^''' "'' "' """""' ""y ''^ <"•"»" "P in accordance with lisf ote/e''cto''rl oX"nl1X"„Tnd''° V- Tf "'« alphabetical ed by section 21 in th^ni. ««/"'', P"'"'!''*'' ""> """ce requir- then the judge of the iS/fr,.?.''Pr°^'^ "'•'"''> <"■ March, event of t^eiUnce oftKstrienud^e or'nf f"°'^ "l!" '"^ act, the district maeistratP<.nV.,™Ll^'.°r.°'^ '"^ inability to the registrar or o™!,! Sn emS W/'''!"" 'f'"" ""e mayor, in the mimicipality^M „DDo n „ .ui S'f*'^ *' "" '"'""'"• alphabetical list of ellctois P'^""" * "^^'^^ <^ ''<"' »» P^pare the cosl*i^L^rd°'■^Sc^s^\t'f:r''fr''^''y ''■"'"' f°' '"e o...e™ise%ndV°Lnt,XT<^ts^Z„^ municipality, and shal do .rf nn^V .t ^^'^''etary.treasurer of the default or neglect on his part ^' '^""^ ^'"^^"'^ ^^ ^^«« ^f months. payment, of imprisonment not to exceed six 2. Ewaminalion and pulling into force of the list. »a*y^e'efaZMCrJ^fed^i;VecU„Il":f'rh'°^«''''°'^ i^erin'titt'^oV^i^«r„»i-*'?^"^^^^^^^^ -ec. under ^T^l^^^^^S^S^Z-^^-^ F- 374 QUEBEC ELECTION ACT. 'i effect, v/ithin the fifteen days next after the publication of t'lo notice given under section 21. 4, ^^:J^^ ^^P^^^^^ % 39 Vic, c. 13, s. 5.) Any person helievinff tiiat the name of any person entered on the list, should not have i)een so entered, owing to his not possessing the qualifications required for an elector, or believing that the name of any other person, not entered thereon, should be so entered, owing to his possessing the qualificatioL , required, may file a complaint m writing to such ffect within the s ime delay of fifteen days. 30. The council, before proceeding to any examination or correction of the list of electors, shall cause to be given, through the secretary-treasurer, the clerk ad hoc, or any other person public notice of the day and hour at which such examination shall begin. He shall also, previous to taking into consideration the com- plaints m writing filed in the oflice of the council, with respect to the list of electors, cause a special notice to be given to every person, the insertion or omission of whose name upon the list is demanded. ^ The public notice and every special notice required by this section shall be of five days' duration ; and they shall further be given and published or served, in the same manne- 3 notices or municipal purposes, in the municipality, within which the hst has been prepared. 1 ^M •* 'l'^^^. council on proceeding to the examination of the list shall take into consideration all the complaints in writing relat- ing to the said list, and hear all persons interested. 32. The council by its decision on each complaint, mav con- firm or correct each of the duplicates of the list. 33. If, upon proof, the council is of opinion that a property has been leased, assigned or made over under any title whatso- ever, with the sole object of giving to a person the right of I having his name entered on the list of electors, it shall strike the name of such person from the said list, upon complaint in writ- ing being made to that effect. (1) 34. Every insertion, erasure or correction whatsoever of the (i) Complaints can be made to the council against the list prepared by the secre- I tary-fc^asurer, or appeal to the judge of the decision of the council on such complaints: 1. Under sect. 33 of the Quebec Election Act, which enacts that if. on proof, the I council is of opinion that a property has been leased, sold or transferred for the sole I purpose of giving to a person the right to vote, it shall strike off the name of the I party upon a written complaint to that effect. I 2. On facts depriving of the rieht to vote some person which otherwi-^ would have I al the required qualifications, when such facts cannot appear neither by the valuation I roll nor by the electoral list, as if there was inscribed on the list a person which is not I a subject of Her Majesty, or is affected of legal incapacity, for example interdicted by I rea;}on of mental alienation, or a felon. 1 3. If the secretary-tresisurer has placed on the list a person who has not the right I to vote according to arts. 11, 267 and 270 of tJie Quebec Elecuon Act, sect. 14, I amended by 39 Vic, ch. 13, sect. 2. . ■» ■ 4. If the secretary has omitted some person which, by the roll, has right to vote I 'm QUEBEC ELECTION ACT. ) publication of the 375 whatsoever of the roll, has right to vote council. V<^rapne of the p^-esMimg officer of the orfht thfrty^^ay's SKinfthe TT '''''''''' '' '^^ expiration 21, as it then exfsts an Wall r^^^^^^^ ^" ^^^^"e «f s^otioS March next, and thereafter un?n„lw?T- ""*^^ ^^^ lorce under the authority of 1^01 '* '' '"^'^^ ^"^ P"^ in ^-i^'o^ZSsZeT^^ court or to a superior court, touch^grponion of S« ^.?''J\"° J"^^« ^^'^^ said list shall remain in for?e notwf/h J? a^' *"^^ P^^^o^ o^ the the final decision of the coSCfieS^^ appeal is pending. ' °^® ^^^^^ ^^e said petition in wh^ofe-p^S inVhict&ain^ii J" '°T ^^^"' ^--^ the true list of parliamen a^ eleS^t^^^ ^^ deemed the only to which it'^relates. ev ^ Sou^hTi^''/^^'^^"*^^^^' division served as the basis ol such w^hVi^r^^^^^^ has quashed or set aside laving nevprff?*'''^ ''^ ^'^^" ^^^« heen under section 44. ^^^°^ "^^^rtheless any correction made the^L^^^^^^^^^^ as soon as such list, on the dupHcatertherPn? t h' '° '"T" ^^ *^« ^^d of form B, ""pnoaies thereof, the certificate set forth in in*?e ^^^'^liXtl^^^'f/'o^'T *«" "^ kept record. municipality, and shall there remain of m eight days following the dav «nn„ I^k' k" ""■"'"ipality, with- come into force, hy the secret»r? 1!^'"'"' ™'='' "«' ^hall have mder a penalty of twt hund'e^doZf "■' 7- *>' "^^ ™ayor, SIX months indefault ofmvml^? "^'^^' <"'°'^™P"sonment of of contravention of this p?Sn' ''*"'" '*"'' '"'"'e'a, in oZ .0 tMS X'rdTr^refcSe'dt'r ""-^^ ^^"^ "^' *rof'itSt- ^sr- sti'/^ z -fa Sd%^-f?ffitXLta^>^^K^^^^^ 376 ,■•1^ 'f '■! '.;r*', i';' QUEBEC ELECTION ACT. trar, such copy shall be deemed to be the dunlicate rPrrniroH TransttWr ''' ""° ^^^^^ ^^ '' ^^^ cluplicZ h'^^^S 40. All duplicates or copies of listi, of electors transmittPd tn the register under the two preceding sections.shallbrS^e^^^^^^^^^^^ by such officer, and shall remain of record in his office ^ "^ Ihe registrar on receipt of the said duplicates or coniP<» ^hnu enter upon each the date of ihe reception thereof. ^ ""^ 3. Appeal to a judge of the superior court or to the district magistrate. 41. {As replaced by 39 Vic, c. 13, s. 6.) Any cerson mnv .appeal from any decision of the council correcting^? amend^nJ ithe list, to the judge of the superior court for the district T?ii hi? cribed m the preceding section. ^ ^^^ 43. A copy of the petition in appeal shall be served imnn th. .secretary-treasurer of the municipility, who shaHTmme^^^^^ |i;?ie?inrere"?er *'""'^° *'^ ™^^°'' ^"^ ^^^'^^ ""- to S^J 44. The judge of the superior court shall have full nnmnn ^nd authority to hear and decide such appeal irasum^Zv rmanner, on any day which he shall fix, and shall SroceenTh^ Such appeal sha 1 have precedence over other causes ♦u? ' r J^^l ^^^^ °''^^^ that further notice be given to anvof .the parlies to the cause, summon before him and Son under ■in^t' 7'"' ""^'^ ?'' ^PP'*"' *''*'l ''« 'axs'l at the discretion of the A' H °1T.'"'' '"'='' "f ">" parties as he shall deem advi- 48. The decision of the judge shall be final. ,rec1 Uie i'DHcat?n7ft'rf 7'; T"^ the registrar, shall each cor- III to the dP??ln n? :^^ of electors in his possession, accord- c"o|ie^s^J,totCTset^^^^^ ^P- -thentic 50. In any district in which there is no resident iudffP of thp superior court, the appeal specified in sectfois 4 ! A^! may k?. : i r. e duplicate required, licate hod itself been ectors transmitted to ns.shall be preserved n his office, icates or copies shall lereof. ; or to the district ) Any person may •ecting or amending • the district, within y petition in which jal. If the council has ion, within the time -son may appeal to thin the delay pres- he served upon the 3 shall immediately public notice to the all have full power peal, in a summary shall proceed wilh- ation. her causes, e be given to any of and question under require the produc- shall possess all the I relation to matters II be annulled for he discretion of the he shall deem advi- of execution issupd rar, shall each cor- possession, accord- sly upon authentic sident judge of the •ns 4 ! and 42, may QUEBEC ELECTION ACT. 377 SrnVe^Jr^ilL'ntrd ^^^^ -^'^^-^e ior such dis- judge of the superioTcourt '^""^ '^'"'''^ ^« before the 4. Miscellaneous provisions. snfLyc^L^:rn ^ -J l ZtlZ ?E *° '^^^'^^'^^ ^ ^he of any municipality, or the regktrar of til -'r^^'^^^ have altered or falsified, or Tavf permfttPH t.T'*?"°" ^^^'^'^n. fied the duplicate of the list in thp^n n" '^ ^"^ ^^ ^'^^^-ed or falsi- require the secretary-treasure? he .S^S''''^"' i^« J^^^g^ shall having the custody of thrvaluatk,n ?^n'^^K-^"u^ ^^^''^ Person basis of the list, to appear Sre Z^'i^^ as the and lists in their possession. ^"^^ ^"^ produce the rolls o2. At the time and place *ixprt fnr ♦»,« persons the judge after having Sinedt ho TT"^^ °^«"ch list produced by the secrpfflr^f.. ^^ ^^^ duplicates of the getherwith the Wuat orroTf^^^^ the registrar, to! proof, make the alterations orV^orrecfin^.Vh' JTk'^^"' ^'^''ther necessary, to render the duplicatrso ?dfiri'''^^ ^^. ^^«" ^^em rate and faithful. ""P"cate, so altered or falsified, accu- mu^cValit?irof';^^^^^^^^^^ Of every having the custody of a list of ele'torrfn^ registration divisioA thereof to any person a nnlvintfK; *° ^®'^^'^'* certified copies the cost of any E^niy^i"^ therefor, and offering to pav fo? tered on the flit '°^^' '^''' '^"*« ^''' ^^ery ten flectS^s^n^ nisf^Jii^rSd*:^^^^^^^^^^^^^ .T^^.^P^^' -^all fur- Within the limits ofthemunSlltv «^ ret"/n'ng officer acting of electors to avail at t^^S^' ^ "'//i^f '°P^«^ t^*« "st which relates to the locality fo? wh?ch hP n^f ^ ^^'^ °^'"^^ ''^t, mg officer. ^ ^ ^^'°" ^^ acts as deputy return- r4l;ar.^n ersequetro^lL°2^^^^^^^^^^^^^ ^V t^e ed or neglected to furnish the same ^12.^^'"''®'' ^^^'"^^ ^-efus- may be recovered from tL sLSv^l ^' ^^^ preceding section, whose officer he is Stherhffhf^-^^.^"''^^ °^ *^e corporation copies, or by the rkSg U'^V!f;'i'''^^'^« ^^« given [he «^ho shall have procured the same ^^"*^ returning officer ''itt. {As replaced by 40 Vic r 27 ? 1 > p', surer who has refused or n^j^cted fn 'n,?^ ^7k '^'i'''*^''y-^^ea. ■St of electors as required bvE art nnK® Jhe alphabetical '•St, has willfully inserted ihipL' ^^ "^^^ ^''"^^'"^ ^^'Je the name which should not have bPPn« °' °™'""^ therefrom any ^•■■om. .hall incur a penalty rotex?eedin;T'V T'^^^ ^^ere^ -I^sonment not LceedLrtS^Srs ^rdSlf i'^^lj.^ u I 378 K m^"' 11^ 'k i fH; ff r.'v^ QUEBEC ELECTION ACT. M »7. Mj )'«p/ac^d fry 40 Vic, c. 27, j. 1) Every nerson hiiv?n„ the custody o/ electors' lists and whose duly SoTehver cr n.^pf thereof who shall have made any insertion or omiSon in ^^^^^^ preceding sections in the copies fUrnished bv him Xn ?nl^ the penalty prescribed in the iSst preSng sectroT' ^^ ''''''' 58. Every list of electors made for any municiDalitv and m lorce at the time of the coming into force of th f fl?/oK >. continue, even although the valua^on roll whicS has teli!d^l basis for such list is defective or is quashed or annulled travail and to remain in force, until it is replaced bv a npw lut nftT tors made under the authority of this act ^ ""^^^^"^ IV.-DIVISION OP THE MUNICIPAUTY INTO YOTINO SUB-DIVISIONS. 59. {As amended by 39 Vic, c 13. s S\ V/hftnovpr ;« „ It shall be ihfl duty of the council of such municinamv to rtS by a by-law made in th« ordinary wayrtSr mun dnaliti i„S votmg SUM visions, so tl.at there shall not bTmore S t™ hundred electors in each voting sub-division. ^^ .J» limits oflhese sub-divisions shall be well deOned anrt fed to°vote ""^ '^' '"*'' """''• """"' "■> elector U'enu* electors, I shall be the duty of the council tnubd"vidrbvbv?»w c>.?i?K."^° ^r^ w °™*^^ *^"^er the three preceding sections ®^ii*^^^^PP^aled from to the county council ^ sections, «3. Every by-law or municipal order dividine a mnmVinnUtv w/°*'°^.if^*^*^^'^°"« '' °^h«r analogous LVrvSs J force upon the commg into effect of this act, shall r3marnnforJe ?h!s act ''"'' '' ''^^^''^ °" ^'P^^^^d "^d«r th^ aXity of 64. The list of municipal electors of the ciW of Montreal as aiinualy drawn up. revised and closed, under the autS of the acts now m force in relation to the same, shall be fTallnu? K?t of mvripnf nf ^^^''- '*T^ from the municipal list for cribed! P^^""^"' °^ municipal taxes within the delay pres- very person having it is to deliver copies 1 or omission in the by him, shall incur section. f municipality, and ce of this act, shall vhich has served as T annulled, to avail y anewlistofelec- riNG SUB-DIVISIONS. V/henever in any cceed two hundred, nicipality to divide, e municipality into t he more than two well defined, and an elector is entit- henever any one of than two hundred hdivide by by-law, itaining more than me, for the greater I any by-law made a new division as •receding sections, ing a municipality J sub-divisions, in all r3main in force 3r the authority of i.y of Montreal, as er the authority of hall be for all pur- iding therein such municipal list for n the delay pres- QUEBEC ELECTION ACT. SCHEDULE. A FORM MKNTIONED IN THE 22nd SECTION. 37» in o 'C a ia,-r; o C o o ti O O tH _ (Do iS> O Hi : '2 *- t-. «3 CO o .52 TJ a o «^ © SO) en ° tio -« fi -^ o a 00 OS o O •T3 CO a C CD ri cn "-s .. ^ T) CI 03 3 i-^ a) Tl nJ u IL, cd b< r c O) cti ^ <;«ijoi a, ^ w5 o '" S (1. ri © ^ T3l CO . 380 QUEBEC ELECTION ACT. m *.. li ! .' fit .! -i|.^ If the Cadastre in the Municipality has been completed, the des- ertption of the immovable by the number givefi in the Cadastral plan and book of reference will be sufficient. The list of electors shall be made in duplicate, that is to say : the Secretary having correctly prepared and mude a clean copy of the list of electors, shall make another exactly similar to the first. The Secretary-Treasurer shall take two distinct oaths, one oath on one duplicate and the other oath on the other duplicate. The two oathi shall be taken on the same day. The Secretary-Treasurer shall, on the same day, give the notice required by section 21 in the manner ordinarily in use for muni- cipal mailers, and al the expiraiion of the 30 days next after such notice, he shall place al the end of the list on each duplicate, the certificate given in the following form. B .^ FORM MENTIONED IN SECTION 3?. I, the undersigned, P. P., Secretary-Treasurer, certify, on my oath of office : 1. That I have given the notice required by section 11 of The Quebec Electoral Act ; 2. That, from the date of such notice, one of the duplicates of the above list remained in my office at the disposal of all persons int6i'ested ; 3. That this list has been examined (and corrected if it has been corrected^ by the Council of this Municipality, within the thirty days next after the said day {date of the publication of notice required bj section 21,) that is to say : at the sittings of the Coun- cil held on ihQ {days when sittings were held,) a.n(\ that the cor- rections {if there were any made) were initialed by B. B., Mayor [or 0. C, Councillor, presiding in the absence of the Mayor, )ui the case may be) ; {or if the list has not been examined, That this list has not been examined by the Council of ihib Municipality within the thirty days after the said day {date of the publication of the notice required by section 21 ;) 4. That the above list Oi electors thus came into force on the day of the month of eighteen hundred and , being the thirtieth day after the {date of the publication of notice required by section 21.) Made on both duplicates of the list this day of the month of 18 . P.P., Secretary-Treasurer n completed, the des- ven in the Cadastral ate, that is to say : i made a clean copy ?aclly similar to the tinct oaths, one oath Iher duplicate. The J day, give the nolie9 ily in use for muni- days next after such I each duplicate, the ANALYTICAL IliTDEX OF TfIR MUNICIPAL CODE OP THE PROVINCE OF QUEBEC. 3?. surer, certify, on my by section 11 of The of the duplicates of Bposal of all persons rrecte«l if it has been y, within the thirty mhlicaiion of notice sittings of the Goun- rf,) and that the cor- iled by B. B., Mayor ;e of the Mayor, jai nined, ' the Council of Ihib said day {date of the 21;) me into force on the eighteen hundred ay after the [date of 21.) day of P.P., :retary-Treasurer Absent, definition of ' AnncLEs. Absentees public notic^VaVe app/i^able'Vo-'ind-Sding''^ '' 240 u u « Proces- Verbaux ^rt!rS "'^^ ^^^ ^°^« --- ^^° ^^rce are , Actions (meritorious)* may be rewkVded'by'Jhe'iocaV ciun" ^ e'fect^ mean, of a by-law or resolution to that ADvocATE^acusii^-i;i-;;;;23---- (^^o) of the sessions or^of thTcoundLr ™ ons or of the notice required II " their annual income is taxable pro*Dertv* Adjournment of the sessions or of the cSunciU " of the sessions or of the '^ouncil, for wanT'ofa orum : not rr rf^anina^ ' ^'*"'' "^ * 138 qu Orum !39 '^m^^mi ma 382 ANAf.YTICAL INDEX OF THE ll^" afeyL: AFr;«MATiON undor oath, lakes tha j/it'j* of the certificate of service of a special nolise. if such notice is vcrhal , 221 " untlor oath, when required 221 " " " 5««0ath. Agent, may be oppoinlod by any person domlcilwd without the limits of a mnnicipality ; represents his prin- cipal for all municipal purposes 222 " special notices are served on him 226, 227 AcRicuLTuiL (aid to), is given in the municipality, by means of a by-law orresolu.'on 484 (460) Allegations, unnecessary, when they do not affect the validity of an act li Amusements (cruel), may be prevented by by-law of the local council „ 602 Anchorage. — Set Obstructions. Ai MALS. — Set Wild Animals. Animals FouNa Strayinq may be impounded 428 " " " give rise to right of action for penalty and damages altliough the animals be not impounded 444 " impounded must be fed and taken care of. 429 " penalty for neglecting so to do 429 *' special notice must be given to the owner if he is known and domiciled in the municipality 430 " penalty for neglect 430 " pT?.blic notice containing their description and oflerlng them for sale in the event of not being reclaimed , 431 JV,nimals Found Straying : — " penalty lor n'jglect to give such notice 431 " must be delivered up on payment of the amount due... 432 " penalty for revising to give them up 432 " sale by auction 433, 434 " the price of adjudication to be instantly paid.. 435 •* manner in which the price of adjudication is em- ployed „.. 436 " if the pale does not realize a sufficient sum the owner is liable to make up the balance.. 437 « if the owner does tnot reside in the municipality, or has not a place of business therein, he may within a month reclaim his animal sold at auction. 438 ** penalty for taking away, without permission, any animal impounded 439 <' schedule of penalties imposed on the owners thereof. 440 ■" such penalties may be paid before suit is brought. 441 •—- \/ the certificate such notice is m 22i icilnd without sents his prin- 222 226,227 lity, by means 484(460) not aflect the li )y-lew of the 602 428 of action for le animals be 444 reef 429 iwner if he is iipality 430 430 icriplion and , of not being , 431 ce 431 f the amount 432 432 433, 434 Llypaid.. 435 cation is em- 436 um the owner 437 municipality, rein, he may )ld at auction. 438 rmission, any 439 vners thereof. 440 it is brought. 441 MUNICIPAL CODiJ. Animals Found Straying •— 41 U «l Carnages are not due i: occasioned by absence or 383 442 41 41 owners 444 445 446 " to whorn the fv^naitiesrVecorerd from 'the of^animals found straying, belong Annexation of a territory to an 447 447 448 ti 44 <4 n«n,v ''^^"'O'-yto an adjoining -P*''^y .27,30,31, lo al munici- 44 44 41 708 4* M proceeding, to be taken for.T.rr' 698 to 70, tte^eTrirn^'--^"-'™-''' 704 the corporation is alonrresponsibie'fnr any damages resulting frcmff putting s pr"fcHb1/r?."''"^ ^^« anniimem '' ''^ Apothecaries (practis^ngT are^ -. 708 offices *"'' *'^ '*'°^P' ^'^"^ municipal Appeal TO THE G«cuifcou;;:from 209 4( 41 44 4( Of the peace...:..:.;..;. J"««r«ients of justices from a decijion of the county counciT 7esnfiVtV;*;*o ^ ffiS'^tL alUJ «PP-'o"-r ■>'■; I -I i /;ni;> Appointment :— " the council must be apprised of any such appoint- ment and the secretary - treasurer must notify the person appointed ". 179 " any such appointment may be revoked by the lieutenant-governor and another oflicer appoint- ed instead , „ jgj " the secretary-treasurer is not appointed by the lieutenant-governor , , 177 " of officers of the council by tho council, how made. 185 " the officer appointed must be notified thereof. 185 " of warden by the council ; contestation of. ,. 253 ** of local councillors is maae by the lietrtenant- governor, in absence of an election 326 to 329 « of mayor 330 to 336 " " " by the lieutenant-governor. 332 " of members of the local council, contestation of.346 to 364 Apportionment, See Acts of Apportionment, Apprentice, See Servant. Approval of by-la,ws by municipal electors ..671 to 686 " resolution of the council ordering that a public meeting of the electors be held....,, 671 " the place at which such meeting is held 67*., 674 " delay witnin which such meeting must be held.... 673 « publication of the by-law and of the notice con- vening the meeting 675, 676 " the person by whom the meeting is presided over, and the manner in which it is held 677 to 683 " the person presiding over the meeting does not vote thereat 679 « special provisions for the holding of polls in'the Magdalen Islands , io85 « when electors who are the owners of real estate are alpne entitled to vote 497 " certificate establishing the number of v'»tes given for or against the by-law 682 to 68^ " when the head of the council votes 685 " the certificate of the approval or disapproval -} the by-law is submitted to the council 686 " the council may examine the poll books .' 686 *' of by-laws by the lieutenant-governor in council,687to690 " the lieutenant-governor may exact from the coun- ^ cil all information and documents respecting the hy-Iaw 688 «« the lieutenant-governor must not approve of the by-law until he has satisfactory proof that the formalities required have been observed 689 «* See By-Laws, IE such appoint- r must notify ". 179 oked by the flicer appoint- 181 inted by the 177 il, how made. 185 thereof. 185 3nof. 253 e lietrtenant- 326 to 329 330 to 336 332 station of.346 to 364 671 to 686 hat a public 671 Bid 67^,674 3t be held.... 673 e notice con- 675,676 resided over, < M«....,677 to 683 tng does not 679 r polls in the ^ 1085 )f real estate 497 votes given ••••••>•.... 6o2 to 68^ 685 sapproval rf oil 686 ks 686 in council,687to690 m the coun- specting the 688 )rove of the oof that the ved 689 MUNICIPAL CODE. 337 Aqueducts may be established and kept in repair bv '"' the^town or village council by means o^f a b^ from ^ town or village council b/meanlof a '< ?onipf V°' ;"^P«««on and examination;::;;;;;; Ifi? " ^hen withheld, proceedings foVthei'rrecovsrv""VQ« IS? Abbeabs op MumcPAL Taxes, stafement ormuTbI^;d''^' "** » such statemenTmust'brVSmTd\risd"ai;: ^^' proved of by the council.... ^'-. ana ap- " ""'toUell'lin'.'"'"'^?'" ™"^''he"iran;^uej ^^' 'Oj^«e oHice of the county council.. 0-0 Arrest of Griminxls, (rewards for the) may be given bv ' A n / .J^t^^y^ 0^ resolution of the council . ^ ^L // m. Arts, (aid to) is given in the municipalUy by means 0? a ^^^^^ ASHES, ho^^el^r'Sir^ counk.L.r.r4^, (400) As.sT..T^SE^^^^^^^^^^^^^ appointed by the secre- «' in case of vacan'cy'Vn ihe 'office' of sec^^^^^^^^ ^'''^ surer, continues to perform the duties ^ f *.; " takes an oath of office... "« "i^"es 145 " aoil ^f/n'"''.''!?^ ^y ^^' secr;i"a;'y''t;easu're;;:;;;;:;" III acts under the responsibility of the secret^rv tre\\X^t".'..°!.;^!r''^ '^ °' ^ ''^ ''^'^^^' " is an officer of ever^ court ;;;;;;.*;; Ji^ Attendance at the sitting of the cou'ncil'or'of ■the'coml mittees, may be ordered "^ me com- Auditor of provincial accounts must 'compii;"annuallv* m the monthof Jun^a3tatementofthemunI' cipal corporations which are indebted.. .'^ 970 must submit such statement to the leffisatur;^* withm fifteen days ot the onpnin ^^^ meeting of the board, how and by whom convened. 269 notice of the convocation may be given by mail.26(>;(260) circumstances under which any person interested may have a meeting there called 270 the secretary ; his duties ■ . 271 three form a quorum ]jj^ by whom the meeting is presided over 27J manner in which contested questions are decided 274 manner of annulling its documents, orders and proceedings ^'7^> (^^"1 Hs documents, orders and proceedings are bmding unfit they have been annulled... .c 27o (100, 461) publication oi*,lhe documents, orders and proceed- ings thereof, how made when required 275. (102) v^nniniT nf ihp nnptlfis and their witnesses 725, (9'} parties producing or lodging documents are entit- 904 605 712 905 u it -""'^ES- cannot direct the demolition of any dam dvkP o^ 880 Board management water-course under its "To^klln^ ^f c'i°ntrr£i^E:^i^?^"j^„„,„, Tec"rn'o''rVeto4T"'°''°-P-^^^^^^^^^ expropriation for municipal purposesrhow effectl fts c'^StTol . f..!:?!*.^' which'reiuire'it are under the circuit court witLin ten days.. mAo bee Appeal to the circuit court. 888 ^'lo^afcound^ '' '^'''"^'^' by by-law of the " ''unTe'a'y-irw..!.^^.^^^^^^^^^ •by'the'ioc-al "councii; BoNAVENTURE, the Valuation roll in this iountv'is made in February and March ".....:..!;.!.„ Bond, 5«e Debenture. Books, (poll,) See election of mrlr /-nTT«/,„,««> iiREAD, may be regulated by the local council as to weight quahtyand marks «« ^" wugni, « sold in contravention of by-law's may'be confiscat- 607 607 712 579 4 390 ANALYTICAL INDEX OF THE oS[ 1 : ! ■■ 1 ' ! "<■ •« 1 lii*^ ■': ^ ! - i ti Bread : — *« ed in virtue of a by-law Bridges, what, form part of the roads on which they are situated ''^^S may be acquired by the council by by-law or resolution 485 (4G0) (municipal) meaning of the term 19 § 26 850 ar« local or county i 851, 852 which are local • ^^^ 852 " " county 851,852 must have hand rails at each side 853 their width 853, 858, (709) how must they be built 853 '* " " " kepi in repair 854 manner of crossing them 859 penalty for driving too fast on or for injuring them 859 «* -.under the control of which local corporation are '^ they 858, (757) local, may be declared county bridges by the county council or the board of delegates.858, (748, 759} county, may be declared local bridges by the same authority 858, (758, 759) of several counties may be declnred the bridges of one county only, by the board of delegates.858 (759) in whose charge are the works to, after such de- clarations : 858, (760) such declarations must be preceded by a public notice and must be published alter the passing thereof :.. 858,(761} such declarations may be made with regard to any bridge to be built 858, (76!) such declarations are made by resolution or in a proces-verbal 858, (758, 759} are under the superintendence and control of the road inspector unless a special officer has been appointed 376, 858 (785} such special officer has the same powers and obli- gations as the road inspector. 858, (785) nuisances and obstructions thereon ^ must be re- moved .'• 386 what is deemed a nuisance or obstruction. .387, 388, 389 what measures for safety must be taken, under a penalty of fme anu damages, during the con- struction of any authorized work thereon penuiiy "or causing nuisaiiccs thereon •• encroachments on, must be reported to the council by the road inspector 392 (( <4 <( «< It It « U u tt u tt tt tt « tt tt It tt u tt tt 39! MUNICIPAL CODE. 3g| Bridges :— " when broken or danirerouV 'Vha "ri,*™ ^^^ on certain conditions ^"™'" worlds on bridges and ^haTes of to o pSor'"^ *' '"» ^^L ; TJsr^'^f "y-'ow comeSoftrc;:::::"" '''*' m sucii by-law cannot be repealed wihAi'iVlhl" '^^ oorcr..!!^!:!:!!::'::?^-'^^^^^^^^ " effects of such hy-lawwUh rPsnZV'ir**'! ^^^ ■' ^?Hs^'b"r?draK^:r ^^ '° "' " the works for which rate-payers are*lV«hi«';.o-K- ^^^ " See proces'verbaux 528,855 ; :"wbLl?eTe ^^K^n^e "- '"•''*-»«-- i-y m Which case works of construe hnnn7i"' ^^^ mfint nro /4«^ — u.. -- ; '^""airucrion or imorovfi- act of VortiSerCov^J T^r.^^ 392 ANALYTICAL INDEX OF THE ill; i 1 i''<'*""' 1 . ■- 1 - L^ Bridges : — council 856 (827) such works of repair are given out to the lowest tender by the road inspector in the months of April and October 856 (828) unoccupied crown lands are not liable for works thereon 858 (780) the occupants of crown lands are liable 858 (780) the occupants of any lot of land divided after the passing of an act regulating such works, are jointly and severally liable therefor 858 (781) ratepayers cannot be compelled to perform work in a neighbouring local municipality, except on a county bridge 858 (782) works on municipal bridges, how perform- ed 856, 858, (786, 787) works in common, by whom and how ordered and superintended 382 to 384 when are the persons liable for work on bridges, • in default to perform such work 858 (780) the contractor is liable to the same obligations and penalties as the persons whose work he has contracted to perform and he is their surety ....858 (790) the non-execution of work by those in default ren- ders them liable for all damages and to a penalty \ 858(791) in such case the work may be done by the road inspector - 397 or by the council on the report of such officer.. .399 to 401 and the value with 20 per cent in addition thers- to, is recoverable by the officer for the council that performed the work 398, 401 to 403 the road inspector cannot without authorization do work or furnish materiels for any sum ex- ceeding five dollars in any one year, without giving previous notice to the persons in default. the road inspector must, whenever he has done any wcrk or furnished any materials without authorization, immediately notify the persons iu default •• exception in favor of certain companies as to such works .....>. See Companies, (iron and wooden railway.) the corporation must keep municipal bridges in the state required by law and the acts respect- ing them, under penalty of a fine and damagoSj saving their recourse ....858 5JW| pay-bridges may be acquired by the '^ouncil by it u u 41 U it u u u M II l< l( U U u it it 397 3971 21,22 u MUNICIPAL CODE. 393 (I l< u « Bridges : — by-law or resolution ..., /<85 (460) " pay-bridges may be established by by-law of the county council 520 " pay-bridges may be established by by-law of the local council 542 Brokers may, by by-law of the local council, be obliged to take out a trading license 532 Buckets, (fire; See Fires. Brome, (county of) the public works on the roads and bridges are executed at the expensB of the local corporations 1C80 Buildings are included in the v/ords " real estate " or "land" 19 2 24 (public) of the Province may be acquired by the council by means of a by-law or resolution. ..487 (460) in ruin? ; the local council may, by by-law, cause them to be thrown down 642 (wooden) their erection may be prohibited by by- law of the town or village council 647 See Fires. no county or rural council can pull down or damage any buildings without the written con- sent of the owner..., 904 may, in order to arrest the progress of a fire, be pulled down or destroyed in any town or village municipality, by by-law or by order of the mayor 665 Sec Walls. Borial-Grounds, the local council may, by by-law, pre- vent their desecration 597 may be enclosed at thn expense of the local cor- poration in virtue of a by-law 613 and their dependencies are not taxable property.... 712 and their dependencies; no council can cause a road to be run through tu-^m, without the con- sent of the owner 905 By-laws, resolutions, procex-verhaux, or acts of apportion- ment, in force at the promulgation of the code, continue to have effect , 5 *♦ may be annulled by the magistrate's court or by the circuit court .'.5 (loO) («of the council) heretofore existing, are continued, with certain exceptions 5 must not contain any provisions inconsistent with this code or any other law t 453 when do they come into force and effect 454 must be promulgated fifteen days before coming « «i tt u u tt 1 394 ANALYTICAL INDE': OF THE t Wt 1 v k t ! ■■U\\ By-laws : into force 454 1-= .,« *' the original must be signed by the* hea'd * or the president of the council and by the secretarv- treasurer ' ... « the original must, if the by-iaw'^ilbeon approved of hy the electors or by the lieutenant-governor be accompanied by a certificate thereof..... ' 457 of the county-cotlncil, a copy thereof must be tran^ mitted to the office of each local municipality in which they are in force leo several matters may be provided for "in'one'and the same by-law icq are binding until they have been annulied.."".'.".!!"" 5 461 time during which they remain in force *" '462 approved of by thb electors or the lieutenant-gol vernor, can only be amended or annulled by a by-law approved of in the same manner 46a whenever a by-law has been amended or nnnulied" mention must be made thereol on the margin of the register of proceedings, opposite ^uch by- ^^ "••••••••• , .,, j enr within the jurisdiction of all municipai7ouncils.*.464 to 509 within the special jurisdiction of county coun- ^••••••••* ••••••••• ••••••••• •* i^ 1 n 4 coA within the special jurisdiction orrocVl'counci*is'.525 to 615 withm the special jurisdiction of town or village ,^°""^^J^ 616 to 670 the council may order that by-laws be read two or three times before being passed am approval of municipal electors, how given* when re(juireci ...... .......,,. .♦..,.., .. ^97 in mr. which mus; be approved of by**the*'munic'ipd"elec- tors • , 479 480 4Q9 AQ^ ^9f approval of the lieutenant.governor in council. .687 to 690 which must be approved of by the lieutenant-gov- ernor in council. ...479, 480, 492, 493, 520, 521, 542, 553 which must be approved of by the council of another municipality 5c^o ^go^ when and how promulgated *'." 69 1 to 696 the neglect to read them does not prevent* Their coming into force ^ ^^uu men penalty for neglect by the persoh *whos6"duty**it"i*s to read the same 693 may be published in newspapei-*s !.'!!!.".'.'. * 694 when the promulgation is deemed to havfi"hppn suiiiuientiy made goT ann^ irnent thereof, by the"ma*gisirate's"cour*t**or If e Elections. Candles, See Factories. Carripr (common) See Carters, Carters rnay be compelled to take out a license, bv bv- law of the local council ^ ^ 509^ " licensed in one municipality, under a by-law *mav f lic^seTeret!:.!"".":?^"*^"^"""' ^^^'"^ ^8. " in the absence of a by-law, may obtain *a'pemi't ^ from the council, equivalent to a license.... 583 Cavities, municipal road, must be kept free from 788 Celadine, .See Noxious Weeds. Cellars, the town or village council may regulate the I manner in which they are ^ be made and drained g^g " The same council may, by bffaw, 'cause 'them* to be cleansed and purified uc,i Cemetery, 5e? Burial-ground. Census, a special-is made by the county council, on a demand to that effect, in any territory united or annexed to another territory 47- " the cost thereof, when repaid to the'counci'l'.".'.*..* 48. ' the council may, by by-law or resolution, cause "a CR«.,.,..l'"ri°^5?l^"."i^^P«"*y *° ^« t?ken 504 (460) ' ---J" ^c tjivcii ijy uny person aami-islering an " of publication or of service of a notic'e.'.'.'.'!!.".'.'.'.'..'.'.'."2 19. 220» I « , h- • ■ 396 ANALYTICAL INDEX OP THE ,. * « local, meaning of the term !» ?.^ « is represented by the council »3 1 «' is responsible for the acts of the officers of the council *^^' " Us responsibility as to the putting of by-laws into force ^61, 706, 707| « its responsibility as to the putting of resolutions, rolls, proces-verbaux, and other ordinances of the council into force 5. 100 (461| « of the county must have a vault or safe in the 1 registry office 515 to 5)71 " penalty for not complying therewith ...515, 5 j" « its property' in the municipality is not taxable 712 «« is bound to keep all roads, side-walks, bridges, and water-courses under its control in the state required by law and by all icts relating thereto 793, 858,878 « responsibility and penalty in case of non-execu- tion of works required 793, 858, 878 " amount which its debt must not exceed 977, 978 " local, may acquire lands sold for non-payment of l;a^xes • ■ «« of the county, may be obliged to give a deed of sale for lands sold for the payment of taxes im " the execution of judgments rendered against cor- _ .-^5 in9fi fn 1041 puruwuiio .......••. ..••■.... t.i... ...... •- Corporations, See Proprietors. i'-NICIPAL CODE. 4QI Corporations : — " the secretary.treasurer is bound to send tn «ho SS.^ P*^" of business of any corpora ?on a P««nimL^°Py / ^""^^ i^"*>"° notice, by-kw " must pay the fees of the secretaryirreayurfir'n;" ^^ ceipt of the documents transmuted .. '" '" i^, finW^'^y of religious, charitable, and'iduial *^^ tional corporations, is not taxable...... 7,9 no council can lay down a road through any Such Corruption, employed in the'elecUon of a'mayoroV'b^^^ ^^^ eSn.°::. !T...l'!...'l.? *^°°*««taTon oAhi Costs, in appeal to the counci],"rrrVai7d b7sucrcoun!^^' ^^^ " in appeal to thVcoumy'counc7l7hiwr^^^^ of? Council (Office of the Officers of the) of a rural mnni' cipality may be established i'n a n^ghboZn. city, town or village municipality ^ """'^'"fi^ (Office of the) is that of the secretary-treasure;'" 105 l-^'uK "l"»'<^^rality may be established ?n i " palfty .?.T.l.!'!.!: '°''"' "' ^^"'^' ™""i^^^ " services oV depo^Us wS^^^^ ^06 office, may be made with the secrelary-trea. Ms doEr^^''^''^ ' reasonable per/on at " ^-urit'al^LVr'^^ T '• it^sTame^^.?."!!!!!:!^^'"^' the'co7pi?aUon;:;':: 93 " its jurisdiction*...*.*!.*.'"*.........'.' qf " appoints committees to wh7m ''i't** debate's ''Vts powers s^i-co n-s " hears parties and their witnesses'.*.'.*. o- ^^ may take communication of all written "Dr'oo'f oa """>' p^""**^" ^'"iin«sses residing in the municH .| ^ J.......... , QQ may examine under oath parties and their Witl nesses \ __ 2a 402 ANALYTICAL INDEX OF THE ..fi m\ It ^ i « r. t I , • I '/ >■=! S t 11, i-ii W K^-- ^' m . \ i i ^ 1 1 1 , ' ' '■ ''■'* 1 Council : — " parties summoned who make default, are liable to a penalty.. - 99 " all its orders are executory until annulled 100 (461) *« may make appointments after the lapse of the pre- scribed delays, unless the lieutenant-governor has already done so ••• 101 w its documents, orders, and proceedings, how pub- lished when necessary 102 " may publish its by-laws in the newspapers «... 694 « of a rural municipality, may have its office and hold its sessions in any adjacent city, town, or village municipality •;••• 106 " is not dissolved owing to any session not having taking place ••• 140 «' must, as far as possible, hold its sittings in the most public place of the municipality 141 " must approve of all minutes of the sitting 157 ** must have a secretary-treasurer 142, " may demand an account of his receipts and expen- diture whenever it deems necessary, in addition to the account he is bound to render in the month of June 166 «« must appoint auditors every year in the month of March 173 « may fix, from time to time, by resolution, the place where the office of the secretary-treasurer must be held 171 « may appoint as many officers as it deems neces- sary •••/• ^^^ " must fill vacancies in municipal offices withm thirty days jJJ *< may remove municipal officers 189 «< may, with the approval of the lieutenant-governor, remove municipal officers appointed by him 189 " cannot exempt its officers from the discharge of their duties 1^^ " may dismiss any person notoriously dii;qualiDed for any municipal office to which he has been appointed, and may then fill such vacancy 208 ** may, by resolution, and after special notice to the rate-payers interested, liquidate or convert into money all taxes and contributions, whether in material or labour I9g22 «« of any territory erected into a new municipality or separated from any other municipality, may ob- tain copies of all documents relating to such territory 92 MUNICIPAL CODE. 403 Council : — " may, oh petition, obtain from the lieutenant-ffover- nor, an order in council.that all notices,by-laws. Ac, be published in one language only ... «i4A; previous public notice thereof required ... oil may allow fees to the rural inspector whose'serl « i\ZTX r ^r?^ required by the corporation 411 fixes the localiUes in which pubUc notices are to be posted up ,, '"^ 9q9 9qq •* may authorize any work which shalfhaVe'the ellect of obstructing a public road or water- ;; powers which m7f be'exerdsed b'y it!*.;;"; ???. by-laws, resolutions, and other ordinance^ must be passed during its sessions aca "^st c^omply with the formalities prescribed by its « powers speciaiiy conferred on'knVcounc^^^ *^^' exercised by such council only .A^io " 5«e BY-LAWS ^ . • ^^^ 2 may exercise ce. .ain powers by resolution Asn may make by-laws respecting the following matl the attendance of members at the sittings of • the council and of the committees ars the manner in which debates are to be carried on; order and decorum i,p,o the duration of the ordinary sessions*." 46? the reading of by-laws several times AaL the appointment of an officer to serve SDeciai notices ^ .g„ to deflne certain duties of officere of the * counl cil and to impose penalties for neglect or omission ^ j^^^ tariff of fees payable to municipal officers.""" 47i remuneration of municipal officers bv the council ^ .»« days of the week on which "theoffice'of 'the council must be kept open 473 publication of notices of the meeting ofVhe council in newspapers 474 works to be done at the expense of the corool ration, to ditches, water-coursos , sewers embankments, and fences ' 475 to authorise the road inspector to allow works of a danfffifOUR nntnro tn K/» »«»_:_ j .:. -„ the public highway 47P to aid any public work in anothermunVcil p^^'^y 477 M • 404 ANALYTICAL INDEX OF THE Council : — It H'' If P ^ , '■4. I I II l( 923 1027 ;r -1 1 1' r 'i t 406 CoUXilL ANALYTICAL INDEX OF THE W : ■ 'I r 3; > .* n 111- [Ik 11. *-;i I i ri^KFJEBtiFliV rftfc J ■i f f . ■ ...i^i « «( « d ^^^ " must approve of the apportionment of such taxes' ""'"' made by the secretary-treasurer, between the lo- cal corporations of the county 940 < f. I.,i ■m I i ^i I 408 ANALYTICAL INDEX OP f HE Council : — •• county taxes imposed for special purposes, liow recoverable 94t " debts contracted by a county corporation for gene- ral purposes are apportioned and levied in the same manner as taxes 973 " its debt cannot exceed twenty per cent of the value of the taxable j)roperty of the muni pality 977 " See DEBENTunES. " an appeal lies to the circuit court from its decisions respecting the homologation of a proc^s-verbal or the amendment of an act of apportionment, when sitting otherwise than in appeal... 1061 " See Appeal to the Circuit Court. " local councils which have the functions and powers of county councils 'i6, 1081, 1083 " (Local), See Council ^loca.' or county.) '• meaning of the term 4 19 g 3 " the number of persons composing it 276 *' duration of the office of local councillor. 116,277,282,363 " manner in which councillors, appointed at the first election nfler the coming into force of the code, retire from office 279,280 " the head, how designated 28t " the mayor, when appointed by it 330 " qualilication required to be member^ .283 to 28a " See Municipal offices. *' may fix upon the localities in which public notices are to be read aloud 234 " appoints a person to preside at the election of coun- cillors 296 " such person may be one of the members not retir- ing from office 296 " such person may, within four days, refuse to pre- side at the election 305 " must reimburse the presiding officer all necessary election expenses 306 " may allow him an indemnity for his services 306 " vacancies among the members, when to be filled up 339, 343 " if owing to vacancies there are fewer than four councillors, the council does not sit 338 " in any such case, the vacancies can be filled by the lieutenant-governor only , , 341 " may at any time appoint a pi'o-mayor 345 " appoints in the month of March, each year, valua- tnrQ rnjiH nn/1 nirnl incno/>lnr»o nrtri r\r\^^•r\A^}mr^%~ir\w*a ^fl.^ " examines the statement of arrears of taxes, sub- mitted by tlio secretary-treasurer for its approval 372 I. , ^ £ ■ . ,1 MUNICIPAL CODE. 409 Council : — " I. ly, by resolution, authorize the road insp ^ot to procure certain implements for use on winter roads 385 " may authorize the rrral inspector to perform at the expense of the corporation any work necessary in the snow or ice for the prevention of floods, Ac, 414 " has alone the power to make by-laws respecting the following objects, viz : t!:3 construction and maintenance ol munici- pal roads and bridges 526 and fol. the imrrovement or change of position of ex- isting roads and bridges 527 and fol. the closing or destruction of public roads... 530, 162a the levelling or cleaning of any ford 533 the raising, rounding, paving, macadamizing, gravelling or planking of any road 533, 53i tlie ordering of works on roads and bridges at the expense of the corporation.. 535 and fol. the levelling of fences on roads in winter 541 the erection of turnpikes on bridges or roads under the co.ntroi of the corporation 542 squares, parks or public places 543 sidewalks 544, 546 sewers 545,546 the planting of trees on public roads 547 the rate at which horses may be driven on public roads in the vicinity of churches 548 ferries and ferry licenses 549 and fol. the fixing or approving of tolls for crossing such ferries 550 and fol. maps, plans or surveys of the municipality 554 the division of the municipality into road divi- sions « 555 the division of the municipality into rural divisions 556 to prevent the destruction of certain trees 558 abuse* prejudicial to agriculture, 559 to establish public pounds, appoint guardians, and fix the tariff of lees 560 to prohibit the sale of intoxicating Bquors.561and fol. to limit the number of licenses for the sale of intoxicating liquors 568 and fol. the storage of gunpowder and other ox]jlosive substances 573 to 578 bread, its weight and quality, and the marks I « Us S the OiJ, 05 1 measuring of cord wood, lumber, bark, or shingles 580, 531 410 ANALYTICAL INDEX OF THE COUHCIL : — I 4 '1 ■f: % ■* f i -in 1*. } : I ■ii i ?'■ J (' 1 1 ! I-. 1 ■ . " ' -,"'■". ^ * ' ' ,'^» ^ trading licenses 532 5^3 personal taxes on t««antR and others ..584] 585 indemnity to persons whose properly has been Jnjui-ed b/ rioters , 530 aid to ihe poor and to charitable institu- '»0"s 587, 591 " any person who has been injured or con- tracted sickness at a firo 588 « the family of any pei-son who has lost his life at a fire or in endeavouring to save any one from serious accident.. .. 590 the giving of rewards for meritorious actions.. 589 tiie cleansing 01 stables, cattle sheds, pigsties, out-houses, privies, and yards 590 the deposit of substances wnence issue nox- ious odors 5Q3 the letting off of nre-works, fire-crackers' fire" arms, or lighting fires in t .e open air in certain localities ^ 594 dogs, and the taxation of their owners'.!!!*.!!!.'!.7 595 slaughter-houses, either public or private 596 the desecration of burial grounds, tombs, Ac, 597 the suppression of gambling-houses and gamb- ling, and of houses of ill-fame 593 circuses and theatres 599 the closing of taverns and other piacesof public entertainment, from Saturday until Monday gOO the prevention of races and all other exercises on Sundays and holidays of obligation 60! the prevention of dog fights, cock fights, and other cruel amusements 602 the use of profane oaths and blasphemous language in certain localities 603 the posting up of indecent placards, Ac, on walls, Ac 604 bathing in the open air .*.'..*.*.*.""'. 605 to prohibit the giving of intoxicating liquor to any c^ild, servant, or apprentice, without the consent of the father, mother, master, or legal guardian 606 the establishment of boards of health 607 measures against contagious diseases. 608 lock-up houses 609 fire companies or firemen .*.'.*."'.'. 610 to limit the number of the sessinns of the council , ....„'. 611 fences on public roads !."."..7/.'.'.'.".'.V.*.*.'.'. 612 ML'NfCIPAr. CODE. Alt Council :— fimcos nround l)uml grounds 6t5 public drinking founts G14 " to impose a duly on curtiflcalt'S approved by the council to obtain a license to keep a house of public enterlairimont 61S " may grant a ])ermit to carters, which gives Ihem the same privileges as a license, as to the right to go into any other municipality 583- " may order the valuators, or, on their refusal or neglect, any other person, to make a statement of every one subject to personal taxes, imposed under any by-law 58S ** may, in the event of there being no valuation roll, or of the valuation roll having been annulled, order the valuator", to make one 71T " may require certain information to be inserted in the valuation roll 718- " must, within thirty days, examine the valuation roll ceposited ])y the valuators 734 '« notice requird thereof 734 *' must, at the time of the examination, take cogri- zance of all complaints, whether written or verbal 737 " may, after each change of owner or occupant, on a written petition and sufficient proof thereof, erase from the valuation roll the name of the former owner or occupant, and substitute that of the new one 746' may, the year during which a roll is not made, revise that in force 746a " when makes a by-law or prods-verbal to regulate, determine and apportion the works on roads. ..528, 947 « do do do on bridges....528, 856 " do do do on water-courses 528,884 «« See Roads, water-cours,^o, bridges, proces-uerhaux, " ferries under its control 860 " See FERRIES. « circumstances under which, in cases of expropria- tion, valuators are appointed to replace those in office 911 " an appeal lies to the county council from the homologation of a proces-verbal 926 " an appeal lies to the county council from an amendment to an act of apportionment 926 " an appeal lies to the county council from an amend- ment to the valuation roll prepared by tho valu- ators « 927 412 ANALYTICAL INDEX OF THE I; Council : — " an appeal lies to the county council when no cognizance has been taken of any complaint against such roll " See APPEAL TO THK COUNTY COUNCIL. " may, by resolution, exempt manufacturers and their land from the payment of certain taxes for a period not exceeding twenty years " may, by resolution, commute the municipal taxes of such persons for a fixed sum of money, paya- ble annually, for a period not exceeding twenty years ' " may, by resolution, exempt the poor and'their pro'- perty from the payment of certain taxes " may, by resolution, add ten per cent, to the taxes to be levied in order to cover costs and losses... " cannot remit the interest due on taxes " must, on demand of the school commissioners or trustees, collect their taxes at the same time as the municipal taxes 950 ** its debt cannot exceed twenty per cent, of the value of the taxable property of the municipa- lity ' 97g Council (rural or county), definition of the term..'..'.'...'.*!!! 19 3 2 *• may hold its office and sittings in any adjoi'ning 927 943 943 943 944 947 106 904 « « \i* I village, town, or city municipality cannot expropriate certain property without the written consent of the owner its by-laws, with some exceptions, 'ma*y"'be"ap- pealed to the county council. , .,, 905 See appeal to thh: county council. (TOWN OR village), Scc COUNCIL (local or county) and Council (local). ' must, within four months after the coming into force of this code, make by-laws for the estab- lishment of public pounds, the appointment of pound-keepers and to fix their salaries must, if the municipality has Jaeen divided i'li'to ward's, appoint as many pers 3ns to preside at the election ^ for councillors, as there are wards 296 may make by-laws for the following objects': '" ' the division of the municipality into wards 617 to 623 the con'^uct of masters towards their servants 624 of servants towards their masters 6''4 public markets !'6'25 to 636 uulies of officers of public markets (j20 to prohibit the sale of certain articles'el's'e! where than on public markets , 627 623 560 623a !•:■:. V. MUNICIPAL CODE. 413 GODNCIL (RURAL OR CODNTY :) — to prohibit or regulate the sale of fresh fish in the municipality 629 to regulate the conduct of buyers and sellers onmarkets.... 630 to impose duties on all persons sellinT certain articles in the municipality, or on the vehi- cles of such persons 631, 632 to regulate the manner in which such vehicles shall be placed in the markets 333 hucksters, Ac 634 weights or measures of certain articles 635 the confiscation of certain articles sold in con- travention of the by-laws 636 aque'^ucts, public wells or reservoirs 637, 639 light 638, 639 aid to companies for supplying light or water, by taking shares in, or lending money to such companies 640 to cause the removal of erections projecting beyond the line of the public road 64t the removal of walls in a state of dilapidation. 642 to prevent the throwing of any lilth on public roads 643 to cause the removal of snow or filth from pu- blic roads, by proprietors ;.. 644 the removal of snow, by proprietors, from the roofs of houses 644 to prevent the obstruction of the public high- way 645 to regulate the construction of privies and cellars 646 to prevent the erection of wooden buildings or fences 647 respecting the erection of steam factories 648 respecting slaughter-houses, gas works, tanne- ries and other factories which might become public nuisances 649 to prevent the deposit of deleterious substan- ces in the municipality 650 respecting the cleansing of groceries, cellars, manufactories and unhealthy places 651 the drainage of stagnant waters by proprietors 652 to take means to prevent or arrest the course - of lires * 652 to 667 fire 666 the height of sidewalks and of safety and divi- ' . r I I 414 ANALYTICAL INDEX OF THE u u u it i( -Council (rural oh county :) — y , the police force 868 the numbering of houses and lots .' 669 the cleansing of roads and sidewalks 670 is bound to divide the municipality into wards, upon a special petition, otherwise the lieutenant- governor may divide 623a may order that the roads in the municipality are not front roads 765 is the owner of land reserved or acquired for streets or squares in the municipality, and may deviate from the plan of such streets or squares 767 ■Councillor, (local) definition of the term ig a 3 " case in which not one of them can read and write 336 vacancy in the office 337 to 341 contested elections 345 to 364 (county) definition of the term 246 is not indemnified for his services 113 penally by persons refusing to accept the office of! 117 See Member of the Council. •County, signification of the word 19 § 7 «• means each of several counties united to form aii electoral division.. , , 19 3 7 " See Municipality, " Council. See Council, 'CouKT Circuit, op the County, meamng of the term 19 8 9 " the choice of the place at which it must be held is made by by-law of the county council 512 the erection and maintenance of a building for the court is provided for by by-law of the county council 513 appeal to the "lOeTto 1079 " magistrate's court or magistrate's court of the county, meaning of the term 2 19 8 10 •€rane Island, (municipality of) possesses the powers of a county council 1081 Crown Property, property belonging to Her Majesty or held in trust for her use is not taxable.... 712 " no counci' -an cause roads to be laid down through " it without a written consent 905 " front roads on, how made and maintained- •Crown Lands, occupied, are liable for taxes by the occu- pant '• the provincial registrar must forward to the offices of local municipalities a return of the land's granted by the crown 715 i< u ,712) 780 714 nnnpr»iiniorl ai — — i '! "s^ Tl rkf 1 » rt l-» 1/. ... 1. •.V Ul J4. 1_ bridges and water-courses 780, 858, 878 the occupants thereof are liable 780, 858, 878 MUNICIPAL CODE. 415 Daisiks. See Noxious Weeds. Dams, See Embankments. Dangerous Places on roads form part of the works on such roads 773 .* howp.tected *]773^ 788 Day-labouheks, See Masters and Slrvants. Days on which the office of ihe council is to be kept open, may be iixed by by-law. 473 " in the absence of a by-law, to be kept open every day 473 Dead Bodies, See Deletbkious Matter. Debates in the council, the manner in which they are to be carried on may be regulated by the council... 466 Debauchery, See Gambling IIoysES or Houses of Ill-fame. Debentures, meaning of the word 19 g 32 " the council may, by by-law, authorize their issue.. 493 '« such by-law must declare the purposes for which they are issued , 494 " may contain the conditions deemed requisite for their issue 494 " must impose en the property liable therefor, an annual lax for the payment of the interest and the formation of a sinking fund 495 •' this tax may be imposed or levied according to the last . oil, if the valuation is not less 978a " must be approved by the lieutenant-governor in council, and if it affects the whole municipality, by the municipal electors 495 " the owners of real estate are alone entitled to vote, if the by-law refers to real estate only 497, 986 " the secretary-treasurer must forward to the lieute- nant-governor a statement under his special oath shewing the value of the taxable property of the municipality and all its liabilities 498 " if made by a county council and if a local corpora- tion has already given aid to the same undertak- ing, it may be stipulated in such by-law that the local aid shall form part of the county aid 974 ■" effect of such stipulation with regard to the local aid and debentures 975, 976 '' must, before the debentures are negotiated, be transmitted to the registrar and registered by him... 990, 992 *' by-laws made before the coming into force of the code and which have not been registered, must be registered within three months thereafter 991 " penalty incurred by the secreiai y-lreasurer for ne- glect to comply with the provisions of articles 990 and 991 995 416 1ALYTICAL INDEX OF THB t- »■ \ I. M'* lih Debentures : — *' so registftred are open lo public inspection 993 •' issued before the coming into force of this code continue to bo governed bv the provisions of cap. 83, C. S. L. G .'. 980 " what must bo specified in each 981, 982 " interest thereon is payable half-yearly 983 ■" where and in what manner are they made payable 972 " to whom payable 984 " may be issued for a sum less than one hundred dollars .-. 985 " may be made payable within five or after thirty years from their date 985 " if payable after five years the annual tax can be imposed on taxable real estate only 986 " manner in which they may be negotiated ,.. 987 " may contain a stipulation that the sinking fund be payable to the lender ; ^i^ " which do not contain tho foregoing stipulation may be exchanged for others payable in the manner set forth in article 988 ' 989 •* in any action for the recovery of the amount of a debenture, it is not necessary to allege the pro- ceedings in virtue of which it issued 996 •' issued under a by-lav/ approved by the lieutenant. , governor are valid noiwithstanding any irregu- larity or illegality 997 Dkbts (municipal), for general county purposes are paya- ble by local corporations...'. 973 " of corporations cannot exceed twenty per cent, of their valuation 977; 978 " annual return of, must be sent by the secre' ''y- treasurer lo the auditor of accounts of the Pro- vince 168 " period at which tlio latter must prepare and sub- mit a statement to the legislature of all corpor- ations indebted , 979 " See Debentures. " division of the debts of a separated municipality..78 to 86 Decency, may be regulated by the local council'. 597 to 606 Delays, appointments by the council may be made after the prescribed delay, unless the lieutenant-go- vernor has already done so 101 " intermediate, after special notice, run from the date of service 231 " ordinary delays after public notice are of seven clear days ., •.... 238 " intermediate, after public notice, date from which they run 239 Pt" MUNICIPAL CODE. 417 Delegates (county), are three in number 26l( '« act with those from other counties 262. " the warden is ex-offido one of the delegates ., 26li " the other two, are appointed by the council afteu' the entry into office of the warden 262 " appointments in case of vacancy, when made 2631 " on neglect of the council to appoint, the lieuten- ant-Governor may do so 264( " must be members of the council 265 " an indemnity may be allowed them for their ex- penses and board, by by-law of the county council 524 " See Board of DBlegates. Deleterious Matters (making deposits of) may be regu- lated by the local council 593 ♦' the town or village council may, by by-law, pre- s^ vent the leaving of, in the municipality 650 P^ Dentists, their annual income is taxable property 710 Deposit of documents which must be made at the office of the council, may be made with the secretary- - treasurer personally or with any reasonable person at his domicile 107 " of deleterious matter may be regulated by the local council 593^ •* See Receipt. Deposition, on oath on behalf of a municipyal corporation, by whom made g, Description of any lot of land, how given 201 Difference between the French and English texts of the code ; when any such occur which version shall l)revail 18 Diseases, contagious, the local council may, by by-law or resolution, take proper measures for securing tha municipality from... 608 (460) Disqualified, See Office (Municipal). Distilleries may be regulated by the town or village council ,. 649 District, meaning of the term 19 g 6 Ditches, works in connection therewith, may, by resolu- tion or by-law, be made at the expense of the corporation 475 (460) " municipal roads must, when necessary, have ditches 77li " On such roads are a part thereof ^^t^ the order of the rural inspector 420 to 422 " penalty for neglecting to comply with the orders given., 423 5>7 418 ANALYTICAL INDEX OF THE .ft ' • . P;' m\ ■ ri Pt 313, 318 to 320' " mus^. sent to the office of the local council within eight days after the election 304 " when is the election continued to the following day ° 322, « when must the poll be closed 323 324! " the successful candidates are proclaimed"el*e'c't*e'd!.. ' 325 « notice must be given by the presiding officer, with- in three days after the election, to the candi- dates elected 302 «• the presiding officer must make the "resiii't 'of 'the elections known to the county ceuncil ;., 303, ** new elections are ordp.rpA hv iha nnim* in th.'""^"l of a contested election being annulled 361 to 363 « exceptional provisions respecting the holding of polls in *he Magdalen Islands 10^5, !i i'.< *,,/■< "• ■• : i 420 ANALYTICAL INDEX OF THE Electors (municipal), conditions which thay must pes- gggg , ••••• ••••••••••!•••• •••••• *y I «« any five electors present, may demand that a poll beheld 311,363 " one may inform the lieutenant-governor that no election of local councillors has taken place 326 " approval of by-laws by v^?! to 687 " who are proprietors ; when are they alone entitled to vote for the approval or disapproval of ^y- law ;••• 497 «« are competent to give evidence in cases in which the rights of the corporation are in question 7 Embankments, the council may. by by-law or resolution, order that embankments be made and kept in ' repair at the expense of the corporation 475 (460) '« may be acquired by the corporation, under a by- law or resolution ^85 (460) " (dams) of mills or factories cannot be demolished because they obstruct a water-course. 880 " no council can injure them without the written consent of the proprietor 905 Employees of the federal and provincial legislature are exempt fiom municipal offices 209 " of iron or wooden railways are exempt from muni- pal offices 209 Endive (wild). See noxious Weeds. Engineers (civil), their annual income is taxable property 710 Entry into ofQce of members ot the council, how elfected.. Ill Erection of new local municipalities." 27 to 71 <( " village municipalities 51to67 n <' town municipalities 68 to 71 " ^ee MUNlfUPALlTY. Erections which project beyond the line of the public highway, must, by by-law of the town or village council, be removed 641 Error in any act in the designation of the corporation or municipality, or of the act itself, is not a cause of nullity, provided that no surprise or injustice result therefrom '^ EscouMAiNS (local council of), in the county of Saguenay, possesses the powers of a county council lU»i .Execution of judgments againt municipal corpora- lions > lOib to iU'ii «• on service of the judgment, the secretary-treasurer must pay the amount thereof if there are funds at his disDOsal '"''" " if there are no funds, a sufficient sum must be levied without delay by resolution of the council 10./ " the co'jrt may grant delay '"'''* MUNICIPAL CODE. 421 <( « Execution :— ' " if the judgment remains unsatisfied for two months, or at the expiration of the delay granted, the court issues a writ of execution on demand 1029 ♦' such writ is attested, sealed and signed by the prothonotary or clerk, and is addressed to the sheriff 1030 " what such writ enjoins on the sheriff 1030, 1031 " the sheriff has access to the archives of the coun- ^ ^'' 1032 he may require the services of the officers of the council under the usual penalties 1032 must take possession of the rolls and documents which are necessary to him , 1033 if he cannot obtain the rolls, or if there are no such rolls he must make a valuation "of the pro- ^Perly 1034 the costs of such valuation form part of the costs of execution IO34 the sale and adjudication of real estate bv the' sheriff, have the same effects as if made by the secretary-treasurer of the county , 1035 a deed of sale is given by the warden, if the re- demption has not been effected within two ^years 1035 the fees, costs, and disbursements of the sheriff, are taxed by the court ' io36 " the sheriff must transmit to the council a copy of his collection roll, and nny other document of which he took posses-ion../. 1037' " any arrears or surplus . long to the corporation'.*" 1038 " property in the name of the corporation may also be taken in execution for such judgment 1039 " the sheriff may obtain any order from the court which is necessary to hi Ti 1040 Exemption from municipal offices 209 to 213 Experts, See animals found Straying Clearances. Explosive Substances, See Powder. Expressions, (useless) when the validity of an act is not affected by , I4 Expropriation for municipal purposes, how effected.... 90 2 to 924 when does the corporation become the owner of the land expropriated 993 what property cannot be taken by a rural or county council AOA iil t< <( what property cannot be taken by municipal council ^ no indemnity is allowed for a first front road or ^'>5 ^22 ANALYTICAL INDEX OF THE I ? i Expropriation :— for the land reserved for a road in the conces- sion of a lot 906 ♦' no indemnity is allowed by way of prix d' affection. 906 " advantages which the owner derive^ from the new road go in deduction of the value of his land expropriated 907 " the indemnity may be fixed by agreement 908 " it may be agreed to allow no indemnity 908 " in the absence of an agreement the indemnity is fixed by the valuators 908 " in what cases are the valuators incompetent to act 990 " the competence of any valuators cannot be ques- tioned after the award is rendered 910 " the local council must replace any incompetent valuator 911 " proceedings of the valuators ; previous public notice; examination of the parlies and their witnesses ; investigations ; award ; notice of the " lodging of such award 912,913 " award of the lirst valuators, when final 914 " objection may be made thereto within thirty days after public notice 9i5 " three new valuators are then appointed 916 " proceedings of such valuators 917 . " their award is final 917 " what must be set forth in the award 918 " the indemnity granted bears interest at the rate of « four per cent, from the entry into possession, and is payable within four months 919 " any person in possession who is deemed to be the bona fide proprietor is entitled to receive the in- demnity , 920 " if within four months any creditors lay claim to the money, the secretary-treasurer must keep it in his hands until a judgment is rendered by the ma- gistrate's court or the circuit court 921 " if the work is at the charge of the rate-payers, the indemnity, costs and interest are apportioned among them by the sc retary-treasu'-er who must collect the same 922 *« the apportionment m / be made, by order of the council, by the ofiiccr superintending the work, and the amount collected by him 923 " when are the works under the direction of the de- __ legates 924 iSXTRACTS from books, registers, docunients, &c., uerliiled by the secretary-treasurer are evidence of their contents 158 MUNrniPAL CODE. 423 concts- 906 i/feciion. 906 rom the le of his •••■• •••.. J[)i 908 908 mnity is 908 It to act 990 be ques- 910 mpetent 911 public id their 58 of the 912, 913 914 rty days 915 916 917 917 918 3 rate of « ion, and . 919 be the 3 the in- 920 01 to the it in his the ma- , 921 ers, the )rtioned ho must 922 ir of the e work, the de- 924 jerliiied of their 158 i( u u Fabriqdes, property belonging lo, is not taxable 712 " no council can lay down a road through any such property without written consent 905 "P TORIES of candles or soap may be regulated by the town or village council , 649 " See MxNUFACTOhlKS. Farm-yards, no council of a county or rural municipality can cau-'e a public road to be made through cer- tain farm-yards without the written consent of the owner 904 Fences, the council may, by by-law or resolution order that fences be made and kept in repair e* iho expf .se of the corporation ; 475 (460) the local council may, by by-law, prevent the post- ing up or making of indecent drawings, placards or writings thereon 604 along municipal roads ; the local council may, by hy-Iaw, oblige owners to put them up 612 around burial grounds ; the local council may, by by-law, cause them to be put up at the expense of the corporation 613 wooden, may be forbidden by by-law of a town or village council 647 on front roads, at whose cost 774 on by-roads, at whose cost...., 775 on by-roads, -the portions to be made are deter- mined by proces-verbal, by by-law, or by the road-inspector ^ 775 required on municipal roads must be kept in good order „ 776 which must be kept levelled by the owners on front roads during winter 836 the local council may make by-laws or resolutions respecting the levelling thereof 541 (460) Fences, (boundary) meaning of the term 19 g 28 " must be constructed or repaired on the order of the rural inspector 425, 425a penalty in case of refusal 427 notice required, if the cost would be equal to that of a new fence 426 no complainant is entitled to compensation for damages by stray animals, if occasioned by the defect or absence of his own boundary fences.... 443 Ferries are under the control of the corporation of the local municipality in which they are situated c60 -- Wiicii are unuerthe joint corxtrol of the local cor- porations , 861 are under the superintendence of the rural inspec- « 4< l< U <( u it u u 424 ANALYTICAL INDEX OF THE U 'J Feriiiss : — tor unless the council has placed them under an- other officer „ obstructions found therein must be removed what is deemed an obstruction }>3nalty for placing obstructions therein must be inspected by the road inspector between the 1st and I5lh of June and October in ouch ;, car, and myeover, whenever required by the council cr the mayor... the council may, by by-law or resolution, and on ce-tain conditions,- permit the execution of dan- gerous works thereon the local council may regulate them may by by-law determine the amount to be paid and the conditions to be observed for a, ferry license........ , may by by%w fix or approve of the tolls payable thereon the tolls payable and the advantages given by such by-laws must be uniform licenses must not be given for more than twelve months when the by-law must be approved by the council of another municipality, or in default thereof, by theMieutenant-governor by Whom is the license given in an such case......' to whom does the money, arising from licenses given by the lieutenant-governor, belong penalty for carrying on the occupation of ferry- man without a license " no license can be granted within the lim-ts fcr which a privilege has been conferred, on the owner of a toil-bridge " which are not governed by the provisions of this code. £FiLTH. the town or village council may, by by-law* prohibit the throwing of, on public roads or lanes, or order its removal |RflfES, See Penalties. Fires, the town or village council may make by-laws for their prevention 653 to " any such council may, by by-law of resolution buy engines, «Scc in the woods, the county council may, by by-law, determine the time during' which fire may be applied to land for clearing purposes in the open air, the local, cduhcif may, by by-law, prevent the lighting of, in certain localities (I II y by-law, may be 523 y by-law, ities 594 610 LH 629 880 Fire-arms, the local council may, by by-law, prohibit tho discharge of (ire-arms in certain localities 594 FiRE-citACKERs 'He discharge of, may bo forbidden in cer- tain 1V.K htie.-i by by-law of the local council 594 Fire-engines, the to\,a or village council may, by by-law or resolution, buy lire engines, dtc 663 (460) FiiiE-MHN, See Fire Companies. FiRE-GcMPANiES, may bo established and governed oy by- laws of lhe,local council FiRE-woRKS in certain localities may be prohibited by byl law ol the local council ,. Fish, (fresh), the sale thereof may be regulated by *) town or village council i , " See Markets, (public). Y'. agates, cannot be demolished because they are ob- stacles I. a water-course .'ORPS, the council may, by by-law or resolution, aivthorize on certain conditions, the construction of certain dangerous works thereon 476 {460» " the local council may, by by-law, cause them to be levelled and cleaned j33 " are a part of the municipal roads on which they are situated ^ 777 " how kept *.\"... 777 " must be marked out by guide-poles 777 " See Roads (municipal). Form, objection to the, See objection. Forms which maybe used ^ I3 Formalities om ^d. See objection. " essential, if not observed in the election of a . mayor or local councillor, the election may be contested, 346 .'»47 Fraud, if employed in the election of a mayor 3r local councillor, gives rise to contestation of the election 346, 347 i^UNCTioNARiES, (civil, are exempt from municipal offices.... t^OQ " their salaries or the value of their offices are tax- able property 7[0 Funds of the corporation. See Moneys of the Corporation. " (general) may be employed for any purpose within scope of the functions of tht council 502 " (sinking) may be established and managed by by- law or resolution 503 (460) " of at least two per cent must be provided in the event of a loan or an issue of debentures 495 Furnaces, See Ovens. '* the town Of village council may. by by-iaw, pre^ scribe the mode of making lurnaces, and regu- late their use..... , 653 ■■ii '426 ANALYTICAL INDEX OF THE I ,M Furnaces : — ' •' for making charcoal, the town or village council may, by by-law, prevent or regulate their con- struction * 66! Galleries, See Erections. Gambling may be suppressed by by-law of the local council 598 " houses or houses of ill-fame may be suppressed by by-law of the local council 593 Gaolers, are exempt from municipal offices., 209 Gardens, no county or rural council can lay down a road through gardens of a certain kind without the written consent of the owner 904 G^SPE, the valuation roll is-made in this county in Febru- ary and March 712 Gas-works may be regulated by the town or village council „ (549 Good Morals, See Decency. '' may be regulated by the local council 597 to 606 Government, property owned or occupied by, is not taxable 712 ** no council car lay down roads through my such property without a consent in writing 905 (712) Grain, See Public Markets. Gbates, the town or village council may, by by-law, re- gujate the manner in which they are to be put up and used , , 653 Graves, See Burial Grounds. Groceries, See Places, (unhealthy and unwholesome.) Guide-poles, See Balizes. Guide-posts, See Posts. Gunpowder, storage of, by-laws of the local council respecting it 573 to 578 " may be confiscated in virtue of a by-law, if kept contrary to by-law 577 " the town or village council may, by by-law, pre- vent the sale thereof, after sunset 660 Handrails, must be set up in dai erous places on muni- cipal roads 788 " must be spt, up on municipal bridges 853 Harbours, may be acquired by the council, by by-law or resolution ...,487 (460) Hay-lofts, See Fires. Head of the Council, to whom applied 19 g 11 " may be appointed by the council, even after the prescribed delay, unless the lieutenant-governor has done so lOi " See Mayor, Member of the Council, Warden. ** superintends the oillccrs of iho corporation and sees to the execution of the by-laws and orders of the council ..., 121 MUNICIPAT, CODE. 427 Head of the Council : — " communicates any information or suggestion to the council which he deems advisable 191 " signs, seals and executes all deeds of the corporal tion, unless the council provide otherwise 19'> reads to the council all communicatiOiis from" the government and makes them public, if required P3 lurnishes the government, if required with all in" formation he can give, with the of the council « « concurrence u n u IS ea?.o«o a justice of the peace, his powers"as such 124 125- cannot decide cases in which the corporat'ion'or Its officers are interested j2S may, at any time, convene a special session 'ofthe council ■ r , 10/» " presides over the sessions of the council ....'.. isVik I34' bee Phesidino officer of the Council. ' " accepts, in the name of the corporation, the surety- bond of the secretary-treasurer 149. certificate of discharge, when given by him' to the sureties ofthe secretary-treasurer 153 consent to discharge of hvpothec given "by "the sureties ofthe secretary-treasurer, when signed t>y him ^ 154 may authorize the secretary-treasurer, to pay sums of money not exceeding ten dollars tea must, in default of the secretary-treasurer, give notice to the lieutenant-governor of neglect on the part of the council to make any appointment 178. signs the original of every municipal by-law 457 signs the certificate establishing the approval 'of any by-law, when such by-law must be approved before having effect 68& may oblige the secretary-treasurer 't'o'depos'it'the funds ofthe corporation in a bank accepts contracts for public works, unless 'some person has been specially authorized for that purpose by the council 395 may order any constable or police officer to" arrest' at s'ght, all persons infringing a by-law, if so ordered by the by-law infifV Head OP A CORPORATION ■> e ^ " MUNICIPALITY./ -^Cfi HEAD OF THE COUNCIL 9gll Hebkrtville, the local council of, possesses the powers of a countv council ,... «no. Ndges on municipal roads, must not be leveUedin win't'e'r" 'm J bee Roads. |aiGH\vATs are included in the work roads ' 19 g 27 u u <( u u « « II II 500' ir 428 ANALYTICAL INDEX OF THE 1: y 'i'> \ .♦:' i." ' l.i'.- I ' 'I I r..\ ■I- !■,';<.■'.■*; Holes, municipal roads must be kept from 788| Holidays, if the day fixed for an ordinary session of the council falls on a holiday the session is held on the next following juridical day 129| " special notices may be served on, except at places of business 22fl| '< the local council may prohibit horse racing on holidays .-. 60!| Horse races, 5ee races. Horticulture, (aid to) in the municipality, maybe granted by by-law or resolution of the council 484 ( 'I Hotel-keepers are disqualified for municipal offices '^1^31 Houses, the local council may, by by-law, prevent the post- ing up, marking or writing of indecent placards paintings, &c., on houses 604 " (roofs of) the town or village council may, by by- law, cause snow or ice to be removed therefrom 644' " the town or village council may, by by-law, oblige i\ owners to have ladders from the ground to the roof, and thence to the top 654 •' the town or village council may, by by-law, cause houses to be numbered 609 " cannot be thrown doWn or injured by any county or rural council without the written consent of • the owner 904 Houses of detention, 5ee lock-up houses. " refuge, See poor-houses. " ill-fame, See gambling-houses. " public entertainment, See taverns. HucKSTKRS may be regulated by the town^r village council 634" Huntingdon, (county of), the works on roads and bridges are at the cost of the local corporations 1O80 Hypothec given by the security-bond of the secretary- treasurer 148 and M\ Improvements included in the word " real estate" or " land" 19 \ 24 Incapacity, the appointment of any mayor or local coun- cillor may be contested on the ground of inca- pacity 346, 341 Income, the annual professional income of advocates, notaries, pilots, physicians, surgeons, dentists, civil engineers and provincial land surveyors is taxable property TIC Indecent words, &c., the local council may, by by-law, prevent the posting up or writing thereof on houses, walls, Ac 60^ IhDEMMTY to the Warden and to members and delegates of the county council, for their travelling expenses and board, may be allowed by by-law 52| < ;'oi MUNICIPAL CODE. 429 « << <( Indemnity : — " to sutFerers by riots, may be allowed by by-law or resolution of the local council 586 (460) " to persons whose property has been expropriated, See Expropriation. Information, u deposition under oath, on behalf of any municipal corporation, by whom given 8 Inns. See Taverns. Inscriptions on municipal roads, penalty for injuring or damaging them 792, " (indecent) the local council may, by by-law, pre- vent the writing thereof in certain localities 60,4; Inspector, (Road), See Officer (municipal), Officers (municipal), for every road division is appointed by the local council every year, in the month of March 365 when enters upon the discharge of his duties 366 time during which he remains in office 366 penalty for refusing to accept or to continue his office , 367a superintends works to roads, sidewalks and bridges 376, 539, 785, 858: superintends ferries , 377' over whom his jurisdiction extends 378, 539 how replaced during any temporary incapacity 379 is an officer of the county as to county works under his superintendence 380 penally for refusal or neglect to act 381 his powers and duties when the works to roads or , bridges are in common 382 to 384 has under his charge the snow-ploughs, rollers, scrapers, Ac, and may cause them to be used on municipal roads ^ 385 causes the removal of nuisances, Ac, from the works under his charge , 386 to 391 makes a report to the council respecting any en- croachments on the public works of the corpor- ation 392 may enter upon any land for the purpose of making a survey cr searching for materials 393 may authorise any person to do likewise 393 may enter upon unoccupied lands and take certain materials , 394 damages in any such case 395, 396 may perform works or furnish materials which have not been performed or furnished within the pre- scribed d'blays 397 or must infform the council, j^iii oh may authorize <( «< i{ ^ i II Si •' ri •i' ■' ' ^ f 430 ANALYTICAL INDEX OF THE Inspector. (Road) : — him to do the work or furnish the materials at the. cost of the corporation 399J " the value thereof, together with twenty per cent in addition thereto, may be recovered from the j-.arties in default 398, 40l,40!l| " in any suit brought for the recovery thereof, his evidence, if uncontradicted, is suxTicient proof... 403| " cannot without authorization, do work or furnish materials for any sum exceeding live dollars in any one year, without previously notifying the parties in default 397J " must whenever he has, without authorization done work, or furnished materials, give immediate notice to the parties in default 397I " exception in favor of certain companies as to such works , i 21, 22I " See Companies (iron or wooden railway). •' when must he inspect the works under his super- ' inlendence and make a report thereof to the council 4041 ■•' prosecutes, in the name of the corporation, any per- son in default ". 404| " prosecutes the corporation when the cvorks to roads and bridges are f>.t its cost 5391 " must in case of urgent necessity, on the authoriza- tion of the mayor, repair any dangerous bridge or make a temporary one 405| " may be authorized, by by-law, to allow dangerous works to be carried on, on the highway. 476| ■*' gives out to the lowest tender, every year in the month of October, the winter work to by-roads and bridges not governed by by-laws or proces- verhaux 828, 856| " and^for the summer work, in the month of April. 828, 856| " levies on the persons liable for such work, the cost thereof, by means of an act of apportion- ment made by himself, with the approval of tlie council 827, 8561 <' selects the localities for winter roads 8321 " lays out winter roads on by-roads before the first of December 8321 " winter roads, how and where laid out.832, 833, 835, 840,1 846 " See Roads (municipal) Bridges (municipal). " may be required by the council or the board of delegates to superintend the esedution of their works given out by contract......../! 90l| f 7 MUNICIPAL CODE. 431 (i « <( ■It 41 4( Inspector (rural) See Offices (municipal) Officers (mu- nicipal). ^ for every rural division is appointed by the local council, every year, in the month of March 365 when enters upon the discharge of his duties 366 penalty for refusing to accept or continue his office 367/7 time during vi^hich he remai'nVVn'office*.'.'.'..*.'**. 366 duties which he must fulfil,., .'.'"*406 873 over whom his jurisdiction extends ' ..'.'.'.'.'.'.'\o7 (378) fiow replaced during any temporary incapacity.407 (379) is a county officer as to county works under his superintendence 407(380) penalty for refusal to perform any duty 407 381 his powers and duties when works to a water- course are in common 407 f382 to 384) superintends and directs works to water-courses 406, 873 If personally interested, cannot superintend the opening of a water-course 874 must inspect watev-courses every year betwbenthe first and fifteenth of June, and see that the ne- cessary works have been performed ,...,. 876 must inspect water-courses at any time between *he fifteenth of June and the first of November when requested, by any person interested, by the council or by the board of delegates 876 may order work on water-courses oLstructed by snow or ice / 877 may perform work»and furnish ma t7riais' when the same have not been performed or furnished with- in the prescribed time 408 (397) or must report to the council, which may authorize him to do such work or furnish such materials at the cost of the corporation 408 (399) the value thereof, together with twenty per centin addition thereto, may be recovered from the parties m default 4O8, (398, 401, 402) m any suit brought for the recovery thereof, his evidence, il not contradicted is sufficient proof 408 (403) cannot withcmt authorization perform work or furnish materials for a sum exceeding five dollars m any one year, without giving previous notice to the parties in default 408 (397) must whenever he has without authorization per- %med work, or furnished matet^tfls, give imme- diate notice to the parties in default 408 (397) excepLiOu in favor of certain companies as to such ' works 21 2*^ See CoiMPANiES, (iron or wooden raiiway.) ' ■(< u \ 432 ANALYTICAL INDEX OF THE :^4 i-!.;,.;vi L'fBS'. (I 4< U ii U « 4( « <( « II 409 410 413 Inspector (Rural) : — '« the inspector of which division acts when the lo- cality is situated in several divisions his fees in certain cases ; how and by whom paid must be reimbursed his expenses and costs; by whom paid 410 his? services are given gratuitously, when required by the council 411 special notices and orders ; how given.. 412 may require any tenant or occupant to perform works on water courses, clearances and boundary ditches and fences, saving his recourse against the owner must, on being authorized, do any work necessary for the prevention of Hoods 414 must remove any tilth or dead animals deposited on any property or in any water-course or river 415 his duties and powers as to clearances ,..;.. .417, 418 do do as to boundary ditches 4^0 to 424 do do as to boundary fences.. 425 to 427 may authorize an excavation in any public road for the passage of a water-course such excavation must be pointed out both by day and night '. a bridge must be thrown over such excavation within forty-eight hours Institutions, (charitable,) may be a? isted by the local council, by by-law or resolution i 591 (460) religious, charitable or educational ; their property is not taxable 712 no council can lay down a road through the pro- perty of any such institutions without their written consent 905 riNSUFFiciENCY in Setting forth the qualities of any officer or person to any act, or m the designation of the cocporation, or of the act itself or of the mu- nicipality, is not a cause of nullity if no surprise or injustice result therefrom 15 Interested party, member of the council who is interested, See MEMBER OF THE COUNCIL. Isle aux Goudres, (municipality ot) possesses the powers of a county council ., Journeymen, See Masters, servants. Judges of the court Queen's bench are disqualified -for mu- nicipal offices , of the viceadmirality court. ..do... i. of the superior court do , of the superior ct-urt no appeal lies in municipal matters from their judgments /. 883 883 883 « i08i 203 203 MUNICIPAL CODE. 433 Judges : — " the salaries of judges are taxable property 7io Jurisdiction of the head of the council, acting ex-ofRcio as justice of the peace ; 125 Justices of the peace, any oath required by the provisions of this code may be made before them 6 " penalty and responsibility incurred by their refusing to act under this code 9 " the term refers also to the head of the'council acting ex-o^c/o ..: 19 a 13 " are exempt from acting as rural or road inspeciors or as pound keepers [ 3g7 Keepers, of houses of confinement or correct*i'on',or of re- formatories are exempt from municipal offices... 209 " of houses of public entertainment are disqualified for municipal offices 2q3 Ladders, the town or village council may by by-Taw, order that houses be provided with ladders '.. 654 Land, meaning of the word *"l9 9 24 " beach lots may be acquired by the councii "by* by- law or resolution. 4^35 (460) along the roadside, the local council may, by by- law compel owners to fence such land 612 " on which is stagnant water, the town or vi'li'age council may, by by-law, compel owners to drain such land ^52 " the town or village council may, by byTaw, cause lots situated on roads to be numbered 669 " occupied by a municipal road, to whom does "it l^elong ^ 7/^Q 750 " of a discontinued road, to whom does it belong.."' 753 " acquired or set apart, for squares, Ac, in any vil*- lage or municipality, belongs to the council.... 767 " crown lands are not liable for work to municipal roads, bridges or water-courses ; but the oocu- pants thereof are 750, 85S, 878 " low and swampy drainage of. §32 " no indemnity is allowed for the first front'roadon a 'Ot*''*"' •••••.•••.•..•.....,,.....,.,.,., ,,,, onr '* no indemnity is allowed for the land resei-vcii for a public road in the concession of a lot 90G Land-Survkyors (provincial) practising their profession are exempt from municipal offices , 0,39 " their annual income is taxable property '.*.""" 710 Language, in which language must special notices "bo drawn up and given , •'^^a '♦ which, may be used by the council in sossioViV.V.'..* 2■< fei' 436 ANALYTICAL INDEX OF THE 'Local, meaning of the word when applied to "munici- i^ality," "corporation," "council" or "coun- cillor" 19 g 3 < council. Sre Council. LocK-up-HousE may be esiablisheti by by-law of the local council 609 Lot, meaning of the word .* 19 I 25 " includes the subdivisions made since the oldest title that is to be found 19 g2 5 Lumber. See Wood. Machinery worked by steam may be prohibited, allowed or regulated by the town or village council 648 Magdalen islands, (municipality of,) possesses the powers of a county council 1081 " exceptional provisions respecting the holding of polls therein 10J5 Magistrates, (district,) are disqualified for municipal ofBces ^ 203 " their decisions are not appealable and cannot be removed hy certiorari 1077, 1078 " (police,) are disqualified for municipal offices 203 " Court, See Court. 'Mail, when may a notice be given by it 226, 227, 2G0, 269 " See Notice. ^Manupagtorks See factohies, places, (unhealthy (machi- nery. " water-courses which feed them cannot be diverted by any council without the writteu^ consent of the owner 905 jMap, See Plan. [Maple-groves, See Maple-trees. " no county or rural council can run a road through certain maple groves without the written con- sent of the proprietor 904 IMaple-trees forming part of a maple grove must not be cut down in virtue of a proces-verbal 802 " See Clearances. I Mark, any person unable to write or sign his name must affix hismark 12 [Markets, (public,) in town or village municipalities. ..6i5 to 636 " by-law or resolution respecting their establish- ment, Ac 625 (460) «' by-law or resolution respecting the leasing of stalls thereon 625 (460) *• by-law respecting the duties and powers of em- ployees 626 " prohibilion to sell certain articles elsewhere than on markets or in stalls 627, 628 " the conduct of buvers and sellers 630 i MUNICIPAL CODE. 437 Markets :— " duties on persons selling or on tkeir vehicles 631, 632 " the manner ol" placing vehicles 633 " hucksters and other traders 634 " the confiscation of articles sold in contravention of by-laws 6S6 Mahinkrs are exempt from municipal oflices 209 Maskinonge, county of, responsibility for damages result- ing ft'om improper maintenance of winter roads 872a Masters, in town and village municipalities theccuncil may regulate the conduct of masters towards their servants 624 " in town and village municipalities, in the absence of a by-law, the provisions of law in force in rural municipalities respecting masters and ser- vants, are applicable 624 " See Servants. Mayor, See Head of thk Council, Member of the Council. " any oath required by this code may be made before a mayor 6 under what name may Le designated 281 " must give public notice for the election of coun- cillors 294, 362 *' penalty for neglect to give such notice 295 " must be appointed at the first session after each general appointment of councillors 330 " if not present at his appointment, must be notified ^ thereof, the warden must also be notified 331 " the appointment of, may be made by the lieute- nant-governor, if the council neglects to do so within the prescribed delay 332,344 <* time during which he remains in office 333 " penalty for refusing to accept the office, 334 " must know how to read and write 335 ** vacancy in the office of 342 to 344 <* during vacancy or absence, the duties may be dis- " charged by a pro-mayor 345 ** contestation of the appointment of. 347 and fol. " must, whenever the rural or road inspector is inca- pable of acting, place the division in charge of another inspector should the council neglect so to do 379, 407 " may require the road inspector to visit the works under his direction, prosecute parties in default and make a report 404 ** may, whenever a bridge is destroyed or broken, in case of urgent necessity, authorize the road in- spector to repair it or make a temporary one 405 ;i' L 438 Mayo« :— ANALYTICAL INDEX OF THE 665 [ I of a town or village municipality, may authorise the destruction of buildings in order to arrest the progress of a fire presides at the meeting of electcrs held for'the approval or disapproval of a by-law 677 cannot vote vhcn presiding at such meeting 670 duties and powers when presiding at such meet- ing-; 680, 682,083 must inform the lio'^tenant-governor of noglect on the part of the valuulors to makti the valuation roll "727 must transmit a certified .;opy of the vaiuationroii to the counjty council 739 signs warrants of seizure and sale for taxes. '.... 963 may, by authorizalion of the council, become the pui chaser of immovables sold for taxes , 1005 Meai, the town or village council may regulate its sa:e...o27, 628 " See Market'-,, (publio. MEnroiin of the cou.ncil (local or county) meaning of thi term '. ly . 12 " must make oath as -^.oon as he is appointed 108 " manner in which he enters upon the discharre of his duties " cannot hold subordinate offices.; .*.*."...*.*.'.* " is a competent witness in ^ny case in which'Vhe rights of the corporation are in question " attendance at sittings of the council or of commit- tees may be regulated by the council " See OFFICE, (municipal) councillor, mayor, warden. •' may administer an oath or affirmation to all parties and their witnesses examined by the council " cannot be surety for an officer of council lib " time during which he remains in office when appointed in the pj' u>nothsr 116, 363 " when deemed to hav -v f -sec 1 perform the duties of his office " whose office is vacant, may resume his duties.*.'.*.'.*.' " any vote given or act performed by l ^^^son ille- gally filling the office of member, is hoi, invalid by reason of such illegality a special session of the council may be conv'en*e*d at any time by two members , may give any information or deposition under oith required by the corporation interested in any question cannot take part in the discussion ,,.,,„,,,,. if a majority of them are interested , «!,'.'."'!.*.*.*..' Ill 114 465 % c< <( 118- 119 120 126 8 ■!^m / MUNICIPAL CODE. 439 Member op thk codncil : — " may order any constable or police ofllcer to arrest, al sight, auy person infringing a by-lnw, if it is ordered by the by-law 1060 Member of the couni -»ttncil, an indemnity for board and travelling expenses may be allowed by by-law... '254 " See MEMBER OF THE COUNCIL (local or comtv). Member of the local council, must be domiu. id in the municipality or in an adjacent city, town or vil- lage municipality 283, 284 " must own real estate to the value of four hundred dollars 283 " the person presiding at the election of, cannot be elected councillor , 285 " contestation of the appointment of. 34t) 364 " See MEMBEH OF THE COUNCIL (local or county.) Members of the privy cruncil are disqualified for municipal ofDces 203 «' of the senate are exempt from municipal oflicos 209 " of the house of commons do 209 " of the executive council do 209' " of the provincial legislat are do ,..„ ... 209 Mehchant, See trader. MiLE-PosTS, See posts. Mill, cannot be demolished or injured by any county or rural council without the written consent of the ' owner, 904 " any water-course which supplies a mill cannot be diverted by any council without the written- consent of the owner i)05 Millers when employed alone are exempt from municipal ofiiees 2(3 Minors are disqualified for municipal offices.. 203 " See Servants Minutes of the sittings of the council, by whom appr wed of and sigxied 157 MissiSQfUOi, (county of,) the wcks on roads and bridges are performed at the cost of the local, corporations 1080 Moneys of the corporation, by-law or resolution of the coun- cil respecting their deposit 499 (460) " in the aLtence of a ijy-law or resolution, are tem- pc.arily deposited 500 " not specially appropriated, form part of the general fund 501 " the excess of any levy forms part of the general fund 501 « fDrminsr 'la.rt of the srenerai fund may be employed for any purpose , .', 502 ,1' i^l '\ ^ |t; m- V I.;"; m. 1 1. I ^^^ ANALYTICAL INDEX OF THE Month, means a calendar month „ 10200 .Montmorency, the county of, forms two coiint"y*nmniclpalT. ^ ^^•••••* ••••••••• •••••••« M /\e\ Mooring, 5 « the council may7'bV by-Vaw7hi7e m^^ *° ^^ surveys made thereof f . 1^ aua uz « the council may, by by-law or resoiution! diVide . . them into road divisions ss'i ^ifim « tne council may, by by-law or resolution," divide '' them into rural divisions T^a ',rn. " parish, what territories form 90 ql " parish, their name... ' ,f " of part of a parish, their nara'o .'.'.'.*.'.'.'. o! " of part of a parish, what territories form".V.*" v tt parish, or of part of a parish, erected into a town'-* shtp by the county council with the approval of the heutenant-governor in c uncil -^2 ai " township, their name "^^' *J " townsnip, what territories form o? « of part of a township, their name...*." or *' of part of a township, what territories form ti ;; of part of a township erected by the countTcoun^^^^^ 3 I " ofunited townships, their name S «' form- ' by the county council ." oq " date of their formation , f^ « village continuation of existing.*.'.'. ' ?q " new village, their erection and nam*e*'.*.'.*.V.*.*.*.V.'""**5l to 67 « of what territories may be formed. SJ " petition praying for their erection...'.* li !! appointment of a special superintendent*.'.'..*; s9 intenX""^ and examination of the special super! territory !l!?..''°''"^ together with a plan of tho ^ " notice of su'c*h'*d*eposit'fs''given**b*f 'th;''sec^^^^^^^ ^^' ^^ treasurer of the county council.. s^^'^otary- « homologation or rejection of the repo*ii*.*.*.*.'..".'."'.*'*"57 to 59 trarxsmission of the documents by tffe secretarv- treasurer to the provincial secretary ...T......Z. 60 -1 ? MUNICIPAL CODE. 441 Municipalities : — " proceedings of the lieutenant-governor in council 61, 62 " proclamation of the lieutenant-governor, its publi- cation and effect 63 to 65 " name of the municipality 62 to 67 " town, (new) erected by proclamation of the lieu- tenant-governor in council 68 " publication and effect of the proclamation 69 " their name 71 '« town or village, may be, the whofe or a part of any, annexed to an adjoining local municipality by proclamation of the lieutenant-governor, on pe- tition to that effect,.* 74 to 77 " the town or village council may by by-law divide the municipality into wards for purposes of re- presentation in the council 617 " this council must make the division upon special petition, otherwise the lieutenant-governor may divide 623a Name of municipal corporations „. 3 " of county municipalities 24 " of local municipalities, (existing) 26 " of rural municipalities, (new).. 34, 38, 40 " of parish municipalities or municipalities of part of a parish 34 " of township municipalities or municipalities of a part of a township 38 " of municipalities of united townships 40 *' of village municipalities, (existing) 49 " of village municipalities, (new) , CI, 67 " of town municipalities 71 " of the municipal council 94 " any person who cannot sign iii- name must make his mark 12 Newspaper ablished in one language only ; no notice C-iJL be inserted therein iri both languages 237 Notaries practising their profession are exempt from muni- cipal offices 209 ** their annual income is taxable property 710 NoTicKS, (municipal), are special or public, written or ver- bal 215 " what Ihny must contain 210 " by whom must copies be attested 218 " certilicale ^f the publication or service of the notice "M9/220 " the original and the certilicale must be liled in tho office of the council ,. .. 219 i:f V 442 ANALYTICAL INDEX OF THE i '■ kM-' i 1 I; Notice, : — . " if the notice is verbal, an affirmation under oath lakes the place of the certificate, and is only re- quired in case of contestation 221 ** when a person cannot avail himself of any irregu- ity in a notice, or in its publication or service.,.. 223 " cannot be published in French and in English in a newspaper published in one language only 237 " (special), in what language must they be drawn up or given , 224 ** manner in which the service of a special notice in writing is effected 225, 226 ** manner in which a special verbal notice is given... 227 " cases in which notices may be sent by post 226, 227, 260, 269 <* an absent proprietor who has neither appointed a resident agent, nor made his address known is not entitled to a notice 228 ** when may be served , 229 " may be served on holidays 229 ** manner in which the service is effected if the doors are closed or if there is no reasonable person within 230 «* date from which the delay runs 231 " an officer whose duty it shall be to serve special notices may be appointed in virtue of a by-law of the council ^ 469 *' (public), manner in which they are given 232 to 235 " when and where must they be read aloud 234 ** effect of the omission to read a public notice aloud 234 ** publication in the newspapers 236, 237 ** the delay after the publication is seven clear days. 238 ** date from which the delay runs 239 " are applicable to and binding upon absentees as " well as residents.., 240 " publication of the notices of the meetings of the " council may, in virtue of a by-law or of a resolu- tion, be made in a newspaper ...474, (460) Noxious Weeds on municip;-! roads, when must they be destroyed 778 Nuisances on public highways must he removed by order of the road inspector .386 " what are deemed nuisances .377, 388 " any authorized work is not a nuisance 389 caso 390 " penalty for causing any nuisance 391 MUNICIPAL CODE. 443: NUISAN«JES : — " on any property or in walor-courses (filth or dead animals) must bo romoved 415 " penalty for causing any such niiisancn 4 Iff " (publio,) by-laws respecting them, by the local council 592 to 0*^6^ <' do. do. by the town or village council 641 to 65i " municipal roads must be kept free therefrom 788 " See Deleterious Matter, Roads. Numbering of houses and lots in any town O' village muni- cipaUly, the town or village council may make by-laws on this subject 669 Oath required by the provisions of this code, belore whom may be taken 6- " is administered to the parlies and their witnes- ses under examination by the council or the- committees 9& " of office of members of the council 108 to 1 1 1 " neglect to take it, durttig fifteen days, constitutes a refusal of such office 112, 186^ " a certificate altestin,,' that it has been taken must be filed in the office of the council 18T " to be taken by any municipal elector, when re- quired, before giving his vote 315 " to be taken by valuators and their clerk, respect- ing the valuation roll prepared by them 725> Oaths, (profane), the use of, m.ay be suppressed in certain localities by by-law of the local council 603^ Objection to the form, or founded on the omission of any formality, when admitted 1& Obstructions, See Nuisances. " at any ferry landing, what are deemed such 387 " on public highways, what are deemed such 387 to 389 " on public highways, town or village councils may make by-laws for their prevention 645 « fords must be kept free therefrom 777 " municipal roads do. do ^ 788 Occupant, meaning of the word...., 19 g 19' *• of crown lands — See Pi^opniETOR 17 g 18 « may be obliged to do work connected with clear- ances, boundary ditches or fences and water- courses, saving h?i .ecourse against the owner. 413" " is answerable for any animal he i*eceives on pas- ture : 445' ** may be compelled to pay the taxes imposed on land occupied by him, saving his recourse against the owner 948, 94^ •• of any lot of land divided after the passing of any t ! 444 ANALYTICAL INDEX OF THE wr I « (( <« Occupant : — act regulating the work on roads, bridges or water-courses, are jointly and severally liable for such work, saving recourse... 781, 858, 878 Office of the Council, See Council. Office, (Municipal,) meaning of the term 19 g 15 " any person qualified and not exempt, is bound to discharge the duties of any office to which he may be appointed ; that of secretary-treasurer excepted , 201 persons qualifled for 202 to 284 disqualilied 155, 203 to 206, 283,285 notice to be given by disqualified persons, who hold or have been appointed to any mu.iicipal office •» 207 until such notice is given, such persons are liable to all penalties and prosecutions 207 the appointment of a person notoriously disquali- lied may be annulled by the council.... 208 persons exempt from 209 to 212, 305, 367 persons exempt, who have been appointed, must give notice claiming exemption 213, 305 in default of so doing, the exemption is forfeiled.213, 305 See Member of the Council, Officers of the Council. (subordinate) members of the municipal council cannot hold any, under such council, or under the county council if they are members of a local council 114 Officers, (Municipal) See Offices (municipal) and the names of each of such officers. the council may appoint as many as it deems necessary , 182 in office when the code comes into force, are con- tinued therein 183 vacancies must be filled by the council within thirty days 184 appointment or removal by the council, how ed'ecled !85 appointment or removal by the lieutenant-go- vernor 177 to 181 oath of office, when taken 186 neglect so to do during fifteen days is deemed a I'efusal of the office 186 wl.o have refused to accept office may reconsider such refusal , ,„ iSG who have taken an oath of office must file a certi- ficatc thereof in the office of the council 187 507 their tariff of fees, must be posted up in the office of the counciL.,^r= • 471 this tariff may be made by resolution 471, (640) Officers, of the militia staff are exempt from municipal office 209 M M fusing to send the registrar copies of the by-laws authorising an issue of debentures, and of the return 995 " by the road inspector or'other special road officer ,. for refusing to act ..381, 785 " by the rural inspector or other special officer for refusing to act 407,(381)873 " by pound-keepers for refusing to take proper care of any animal impounded. , 429 «' for refusing to .notify the owner of any animal im- pounded 43Q '* for refusing to give public notice ]* 431 " for refusing to deliver up any animal impounded, on payment of the amount due. 432 ." by valuators for refusing or neglecting to perform ! their duty respecting the valuation of property.729, 730 " by the valuator, rural or road inspector or the pound-keeper refusing to accept cr to continue his office , 357^ *' for refusing or neglecting to obey the lawful orders of municipal officers 195 " for molesting any municipal officer ..." 195 " by any municipal officer for refusing to give a re- ceipt when required 196 " by any person, whose duty it is, for neglecting to read public notices aloud 234 " for neglecting to give the notice required formii- nicipal elections 295, 362 «' for voting at any election of local councillors, with- out being qualitied 316 «* for neglecting to take proper precautions ' 'vheri performing any duly authorized work on a public road 390 *' for causing an obstruction on any public road 391 " for depositing filth, or dead animals in any water- course, stream or river, or on any property what- 1 , ever 416 " for refusing to obey any lawful order respecting clearances 4I8 «' for refusing to obey any lawful order respecting boundary ditches 423 ** for obstructing any boundary ditch 424 «' for refusing to obey any lawful order respecting boundary fences , 427 .1 • 1 Ik, II MUNICIPAL CODE. 449 Penalty : — It taking away, without permission, any animal im- pounded 439; for allowing animals to stray 4401 by the county corporation for neglecting to repair or build a vault or safe in the registry office 5151 for selling intoxicating liquors in any municipality in which a prohibitory by-law is in force 566, 567' for voting for the approval or disapproval of a by- law submitted to the electors, when not qua- lified 680 (316) by any person, whose duty it is, for neglecting to read aloud a by-law..... 693 by the owners of roads used by their permission, for refusing to close the same when ordered by the council or by the board of delegates.. 249 for refusing to give any information required by the valuators respecting the value of property.... 745| for refusing to perform work on public roads 7911 for refuting to perform work on bridges 857 |791)i for refusing to perform work on water courses. ..878 (791), for injuring trees, posts, or other works on public roads , 792! by corporations for not keeping roads and side- walks in repair 7931 by corporations for not keeping bridges in repair 858 (793)1 by corporations for not keeping water-courses in repair, with the exception of those regulated by an act of agreement ••• 878 (793)( for removing balizes on a winter road or for placing them improperly 834i for driving any vehicle faster than a walk over any bridge exceeding twenty feet in length, not built of stone, brick or earth 859 for injuring any bridge, or work belonging thereto.. 8591 for carrying on the business of ferryman without a license .' 862i for obstructing any water-course or allowing the same to be obstructed 879 Penalties, (certain kinds of), are municipal taxes 19 g 22 " by municipal officers ; how and by whom reco- verable « 200 may be inflicted by the council for infringement of its by-laws, by fine or imprisonment or by ti tt « M tt tt tl tt tt €t tt tt tt tt tt tt tt JJHIU, must be fully set forth them when the council by-law respecting by by-law, authorize con- 29 450 ANALYTICAL INDEX OF THE I Penalties;— * ,^^ ^„. ^„^ fiscation ..............577. 581, 636 «« the contractor for roads, sidewalks, bridges and water-courses is liable to penalties in the same manner as those with whom he "as con- tracted JmoA/i?!? - the recovery of •• ......1042 and fol «' imposed on the owners of animals found straying.. 440 " may be paid before suit brought 441 '« to whom belonging ^^'^ " (Recovery of). , , n u t «« imposed by the provisions of this code, before what court recoverable v:"VV;"j «« all, incurred by the same person may be included in the same suit : •••• '"*"* " incurred for each day can be recovereu for one day only, unless special verbal or written notice has been given to the person in default 1044 «« suits for their recovery must be commenced with- in six months • ^"*^ « such suits may be brought by any person of age, or by the head of the council ••. i"*" " and are decided on the oath of one credible wit- I16SS • lOAR " to whom belonging • • •••• ^"^° «« in default of payment within fifteen days from the rendering of the judgment, the defendant may be imprisoned for thirty days • j04» " imprisonment ends on payment of the sum due..... lU4y «' imprisonment discharges the defendant from the obligation of satisfying the judgment................ 1019 •' the plaintiff or complainant whose demand is dis- missed with costs is bound to pay the costs under penalty of imprisonment i''^" «« manner in which prosecutions brought before justices of the peace are heard p J decided,. 105i «' such prosecutions need not be commenced by a deposition on oath of the complainant, if the purport of the demand is sufficiently set forth in the writ or the declaration J053 «« delay between the service and return of the writ... 105d " the justice of the peace who has signed the writ is entitled \o sit alone •;•• i"^° " he may require the assistance of any other justice nf ihfi neace ■ ^^^^ «' the returns of the bailiff are given under his oath of oflice ••...; •;••;•;•• ^^' ' «* the justice of the peace or the clerk must take 577,581,636 s and \ same con- 790, 858, 878 1042 and fol. iving.. 440 441 448 1042 1043 1044 1045 1046 1047 1048 1049 1049 1049 1050 1052 1053 1055 1056 1056 1057 MUNICIPAL CODE. 451 Penalties : — notes of the important parts of the evidence 1058 " these notes form part pf the record 1058 " the judgment may be executed lifteen days from date 1059 " when constables and police officers may, and are bound to arrest, at sight, persons found contra- vening a by-law looo " in case of appeal to the circuit court the record must be remitted to the justice of the pea» a 1054 PEnpoRMANCES, See Circus, Theatre. Persons, penalty by those who refuse to act under this code 9 " 5«e Penalty. " who are entitled to be heard before the council or the committees, may be heard in person, or by another, and may produce witnesses......... 97 " in holy- ders are disqualified for municipal offices 203 551 «* of fa territory before its erect. o»' 'a village must accompany the report . special su- perintendent 55 Plant-Trees forming j^rt of a maple ^Tove, cannot be cut down under a proces-verbal 802 " See CLEARANCES. Police maybe maintained in any town or village munici- jiality by by-law of the council 668 " (provincial), the officers and men thereof are dis- qualified for municipal offices 203 " See Constable. " magistrate, See Magistrates (police). Poll-books, See Election of local councillors. Poor, may be assisted by the local council, by by-lcw or resolution 587, 591, (460) " poor-houses and houses of refuge may be estab- lished by by-law or resolution of the local coun- c:i 591 (460) " domiciliary relief may be given them by the local council, under a by-law oc resolution 591 (460) " may be exempted by [the local council from the payment of certain municipal taxes 943 PooR-HCUSES or houses of refuge, may be established and maintained by by-law or resolution of the local council , 591 (460) Porches, See Erections. - Post, See Mail. Posts, guide and mile posts, on public roads ; the county council mav make bv-laws or resolutions res- pecting them ". 419 (460) " on municipal roads : penalty for injuring them 792 '• upright, cannot be levelled on municipal roads in winter 836 PorNDS, (pubhc) may be established by by-law of the local -council 560 " must be established by every town or village council within four months from the coming into lorce of this code 500 PouND-KBEPBRS, the local council appoints one or moio, in the month of March every year , 365 m p.w or 7, 591, (460) 3Stab- coun- • •••Da i (460) local ....591 (460) n the 943 i and local 591 *> (460) Diintv s res- 419 (460) m 792 ids in 836 f the 560 illage tming 560 LO, m 365 POU^D-KEEPERS : — ' when tljcy enter upon tho discharge of their du- ties . .360 " time during which they disciitirge their diilies :1.10 ** penalty for refusing to accept or 'o continue his office 3C7a *• retain i safe keeping and take proper care of all animals impounded 428, 429 " give special notice to the owner of the animal, if he is known and domiciled m the municipality. 430 " when must they give public notice describing the animal and announcing its sale by auction 431 " must deliver up the animal to the owner, on payment of all amounts due thereon..., 432 " sell the animal by auction if he is not reclaimed and if the amounts due are not paid 433 and fol. " receive the penalties pai' by the owners before suit brought , 441 " appoint an expert for the complainant or owner of the animal, on his neglect so to do 442 " sell any animal impoundid on private properly, without rendering the corporation responsible ♦"or their acts 447 " tl -ir fees may be fixed by by-law of the local council ,... 560 " must be appointed and their fees fixed, in every town or village municipality, within four months from the time when this code comes into force... 560, " See Animals found straying. PoA^^pRS (collective) of municipal corporations 4 Precipices on municipal roads form part of the works which must be attended to on such roads 773 " See Dangerous Plages. Prescription of actions, claims and demands against the secretary-treasurer 170 '• of the right to demand the repeal of existing muni- cipal acts or orders 5 «' of the right to demand the repeal of any by-law or other municipal act 100, 708 " of municipal taxes, with certain exceptions 950 President of the council, sin session) how chosen in the absence of the head ^ 131 " maintains order and decorum and decides questions of order, saving an appeal to the council 132 " when entitled to vote and when bound to vote 134 ♦' must sign the minutes of the sitting of the council. 157 " must sign the original of every by-law passed by the council c «... 457 m .^' r 454 ANALYTICAL LVDEX OF THE I' • > *'« Loard of delegates, how chosen 273 ♦' board of delegates, his vote 274 " at the election of local councillors 296 to 325, 623 " at the election of local counrUlors is not eligible as a councillor 28& *' at the election of local councillors must inform the lieutonant-goveruor should no election lake plaue 326 " any person appointed to preside at such election may decline the ofiice on giving special notice within four days 305 ** See Election. Presiding Officer of the council. See President of the Council. P«€ViES, tlie local council may make by-laws respecting the cleansing of 592 <« deposit of their contents, See Deleterious Mattel. " the town or vi)'age council may regulate the man- ner in which they are to be built and drained.... 646 Privileges (rights and) heretofore conferred on certain corporations are cortinued 26 Proces-verbaux heretofore in force are continued 5 " mode of drawing them up and the acts of appor- tionment relating thereto .796 to 821 *« when drawn up for roads.. 528, 794 " when drawn up for bridges 628, 855 «* when drawn up for water-coui'ses 884 « appointment of a special superintendent by the council 794 «' meeting of interested parlies, convened and held by the special superintendent « 796 '*' his report thereon 797 " case in which the councii appoints another super- intendent or gives the superintendent new in- structions < '. .*. 798 « what must be indicated in every proces-verbal..,..79?), 800 " what may be ordered by any proces-verbal 801 to 803 « must be deposited by the special superintendent 804 " is homologated by the council or the board of del- egates, after notice 805 to 807 «< costs of the proceedings ar3 taxed by the council or the board of delegates; by whom payable 807 «* notice of homologation.,, 808 " when do they come into force 809 «« may be amended or repealed by other proceS' vei'haux 810 « nevertheiebsj when homoiogated by a board of de- MUNICIPAL CODE. 455i m •••?>•• 273 274 ; to 325 ,623 gible 28& iform lake 326 sclion lotice 305 ? THE igthe 592 TTEL. mail- ed.... 646 irtain 26 t .••••. 5 ppor- 528 794 628 ,855 • •••••• 884 f the • •••••• •■ 794 796 797 uper- IV m- •■•' «•• 798 799, 800 ..801 to 803 ident 804 fdel- ..805 to 807 16«»««« 807 808 809 'oces' 810 I de- Proces-verbadx : — legates can only be amended or repealed on petition by the majority of rate-payers men- tioned therein , SlQi " when must a copy be sent to the office of the local council , 813 " an appeal lies to the county council from any homologation thereof by the local council 9: '■ " , the decision of the county council amending any proces-verbal must be published by public no- tice... 935 " act of apportionment, when and by whom maae 812, 814, 816 " " what it must indicate ,... 815 " '* notice of its deposit in the office of the council ; when in force 817 " " must be annexed to the proces-verbal t& which it relates 818 " *♦ when must a copy be sent to the local councils 818 " *' may be amended, after public notice 819 " " cannot contain any provisions inconsis- tent with the proces-verbal 820" " " an appeal lies to the county council from any amendment made to an act of ap- portionment by a rural council 926 " dnd acts of apportionment may be annulled by the magistrate's court or by the circuit court.., 5, 100 " and acts of apportionment are binding until an- nulled.. 5, 100 (461)1 " and acts of apportionment, on what is the appor- tionment of works based 821 " an appeal lies to the circuit court from any deci- sion of a board of delegates, or of a county coun- cil not sitting in appeal, respecting any proces- verbal or act of apportionment 1061, 1062 Production, See Receipt, Service. " which must be made at the office of the council, *' may be validly made at the domicile of the sec- retary-treasurer or to the secretary-treasurer personally 107 Pro-mayor may be appointed by the council ; performs the duties of mayor during his absence or during a vacancy in the office 345 Promulgation of by-laws 691 to 697 " See By-laws. Proof in writing, the council or the committees may take communication of any such proof 98. 456 ANALYTICAL INDEX OF THE <> *l Property, acquisition thereof, by the corporation 4, 485 to 488 (460) " taxable, meaning of the term 19 g 17^ 709 '" taxable, comprised in a territory separated from a municipality, remains liable for all obligations contracted before such separation 73 " taxable. 5(?6 Valuation 709 to 747 Proprietor, meaning of the word 192 ig " absent, may appoint an agent to represent him 222 ** absent, who has neither appointed an agent nor made his address known, is not entitled to special notices 228 Proprietors of real estate, when have they alone the right to vote for the approval or disapproval of a by- law 497^ of any lot of land divided after the passing of any act regulating the works on roads, bridges or water-courses, are jointly and severally liable for such works, saving their recourse 781, 858, 878 Prosecutions before justices of the peace 1052 to 1060 See Fines. <( 986 « << <( << .-(. Provisions, See Markets, (public). " the town or village council may regulate the sale thereof 627, 628 common to all municipal corporations 93 to 245 common to all county corporations 246 to 275 common to all local corporations 276 to 448 (interpretative) t9 (exceptional) 846, 847, 847a, 866, 1080 to 1085 ^ (final) 1086, 1087 Publication of documents, orders or proceedings- in coun- cil, how made when required , 102 Public Markets, See AIarkets (public). Public Places (squares, parks, Ac.,) may be established and kept in repair byby-iaw or resolution of the local council ,. 543 )460) the local council may, by by-law,pl lit treeis therein 547 the local council may by by- aw prevent the post- ing up of indecert plact rds, Ac, in public places „ 604 K U the town or village council m->, '^y by-law, pre- vent the cbstrrction thereof. 645 Public Works of corpobvlonw, See Roads, Water- courses, FerhieS. iicr^./O il «?. by contract; how sucii cuntr i:t is made 892 901 notice required ihereof , 893 the contract is awarded bv cao'ution of the coun- cil 894 by whom such contran-t is acv .jl'id .15 n t( MUNICIPAL CODE. 457 « <( (( Public Works : " the contractor must give security 896 " when the work is under the direction of the dele- gates 397 the contract ib binding on every municipal corpora- tion interested 8gig hy what councils may suit for enforcingthe'perforl raance of the contract be brought 899 900 may be placed under the direction of the road in- ' specter of the division roi Purchaser of any land is liable to pay the taxes due on such land at the time of his purchase, saving recourse 943^ 949 Purchasers, See Markets (public.) Quick-lime, how to be kept. See -ires. Quorum, adjournmeut for want of „ I39 " of the county council ....*..*.".*.!'.."".'.* 259 " of the board of d^ ^3gates is of three "'.!'.!*.'..".*! 272 " of the local council is of four .".*. 289 Questions, contested, how decided in the council 133 " contested, how decided at the board of delegates.'.! 274 Races, (horse), may by by-law of the leal council, be pre- vented on Sundays and hohdays of obligation 601 Railroads, See Railways. Railways, (iron), persons employed theroon are exempt from municipal offices jaj " (aid to), may be given by by-law of'the'coun- e ^']; " 479 and fol. See COMPANIES; Propkietors. (-vonden,) p'^rson employed thereon are exempt trom municipal offices 209 (aid to), mav be given by by-law of "the "couii- <{ « cil. , 479 and foi. may be acqu)red by the council by means of a by- law oires.idtioii 435 (4go) ** See GoMPAwi , Proprietors. Range, meaning ''"'-le word ,, 19? 23 Rate-Payer, rniajHug of Lie term ..,..., , 19 jj 21 " Sea Proprietor. is not an madmissible witness in any case in whiCi. ihe rights of the corporation are ia question .*. y i& not liable, after the division of a mu'nici'palVty, under any regulations in force at the time of ti u ynr.h diyidon, for work to local roads or bridges JQOt 111 his muniClpuiiiy »».... ......... ••• 90 tfM I : 458 ANALYTICAL INDEX OF THE Rate-payer :— it It ii (< 693 693 693 may nolifi the lieutenant-governor of neglect on the part of the council to appoint any officer 17» do do warden 9'sn/i7fl; do do delegate l .l.'/.rie? ?8 do do mayoij' 332 178 required to pay more taxes than he is liable 'for may plead by exception or opposition ,.... 970 Rates, See Taxes (municipal). " (school), See Taxes (school.) Reading of public notices, when and where done* 234 23S '♦ neglect so to do does not invalidate the publica- ' tionofthe notice 234 235 ** penalty for such neglect !".*.".'.*.*.'.". 234* 235 " the council may, by by-law, order that its by-laws ' be read aloud two or three time before the nass- ingthereof ^ ^gg aloud of by-laws; when and wheredoneV.V.V.' neglect so to do does not prevent the by-law from coming into force penalty for such neglect ."/.V".'//.'.*.*.'. *.'.'.*.*..**' Reading and Writing, to read print and sign one's name only, is not a sufficient reading and writing qua- lilication for a municipal officer ..;. 17 " auditors must have a knowledge thereof.*.'.'.* ' '.175 ♦' the mayor do do 335 " in the event of not one of the''lo'c'ai*counci*iio'rs having a knowled{;e thereof. 33ft Real Estate, meaning.of the term .'.'.".*.'.*.*'.'.!!!.'l9 } 24 Receipt must be given, under penalty of a fine, t'o'anv one lodging a document 103 196 ''75 " must be given by any one withdrawing'an'e'xhibit ' 104 Recovery of fines imposed under this code 1042 to 1060 '* See Fines. Redemption of lands sold for municipal taxes .1022 to 1025 Register of Proceedings See procesrverhal ofihe sxiimss oi the council 157 " every amendment or repeal*''of'a *b'y-'iaw m'ust'be set forth on the margin thereof, opposite such by-law or resolution .. 157 Register of roads and watei-co vses, how kept by* the local secretary-treasurei..... 368 36» Registrar, discharges the duties of warden, in his default ' 255 " convenes and holds a meeting of the counly council as soon as possible, in any newly erected county municipality 057 MUNICIPAL CODE. 459' I Registrar:— must register, in a book kept for the purpose, all municipal by-laws authorizing a loan or an issue of debentures, and transmitted to his office with the report gg2. such documents are open to the'inspectioii'of the public, on payment of the regular fees 993, schedule of such fees '*" 994 (the provincial), must transmit to the officeofYocai municipalities a list of crown lands conceded... 715>- I Registry Office, the construction and maintenance of a bmldmg with a vault or safe must be provided by byrlaw of the county council 514 a fire-proof vault or safe must be provided and kept in repair therein by the county corporation 515. penalty for omission or neglect 515 on the neglect of the corporation, the vault' or safe is provided or repaired by the government at the expense of such corporation 516 51T copying of deeds under cap. 37, Sec. 94 G. 8. L.'c. ' 51&. I Relief to the poor, may be given by by-law or resolution of the local council 537, 591 (460) to any person who has received an injury or con- tracted sickness at a fire may be given by by- law or resolution of the local council, 588 (460). to the family of any person who has lost his life at a fire, or in endeavoring to save any one from a serious accident, may be given by by-law or resollition of the local council 590 (460) I Removal of municipal officers, how effected 135 " notice must be given them. !'..*.'.*.'.*!.*„' 185< RzPEAL, See Annulment. Repertory kept by the secretary-treasurer 163, Reservoir, See Wells (public). 'Resignation of a councillor, when accepted, renders the j office vacant 337- i Resolutions heretofore existing are continued....'....'!.".*..'.*.*.' 5 I " may be annulled by the magistrate's court or by circuit court 5 |qq " are binding, until annulled '.'.*.'.'.'.*.*.'.*5, 100 (461) " for what purpose may be passed instead of by- laws..,,,.. , 46(>^ when annulled or amended, mention must be made thereof on the margin of the Register of Proceedings, opposite such resolution 157-. Responsibility ofthe corporation for the acts of the officers of the council igg. « (( it • tion of certain works which would render pas- sage thereon dangerous 476 (460) *♦ any council may, by by-law or resolution, give aid to a road leading into their municipality. ..477 (460) '« the local council may, by by-law or resolution, order them to be opened and kept in repair !i26 (460) " the local council may, by by-law or resolution, order the widening or change of position of any road 527(460) " the local council may, by by-law, after public no- tice, order the closing or destruction of any road 530 " the opening, keeping in repair, widening or change of position may also be ordered by proces'verbal homologated by a council or board of delegates. 531 '« in the event of the closing or destruction of a road leading into any other municipality, the ap- proval of the county council or ot the board of delegates, is necessary 762a '* the local council may, by by-law, raise, round, pave, macadamize, gravel or plank any road... 533, 534 *' in any such case if the expense is to be borne by the rate-payers, the by-law can only be passed on the petition of the majority of such rate- payers 533 " the local council may, by by-law, erect turnpikes and levy tolls on roads which are macadamized, ■f paved or planked 542 «« the local council may oblige the road inspector 4- 1 1„:~ ; — .•>!« «*- r~_ .. — «« „^„,i^ ooc lU IVCCp UCI lUlii lliiplC'lIlClilS l.\Jl use Ull IVUU9 ouJ sons in 397 21,22 )etween and Oc- !(l 80 to 40i trees or 792 ;he con- fer 6a UJ7 penalty against 7&3 w, and Dnstruc- ier pas- 476 (460) )n, give lity...477 (460) solution, lir 526 (460) olulion, I of any 527(460) iblic no- of any 530 change '^s-verbal ^legates. 531 if a road the ap- >oard of 762a round, road... 533, 534 orne by e passed ch rate- 533 urnpikes lamized, 542 nspector Jiu.s ou>> MUNICIPAL CODE. 465 HoADS :— > •« persons bound to perform work may be compelled louse such implements ; the u oj thereof being gratuitous 3^5 ' he work for which rate-payers are liable, 'may be regulated, determined and apportioned by by- law of the local council 628 794 " or is regulated and determined by a yroc^s-verbal.b'-l^, 794 " See Proc^s-verbanx. " what persons may be made liable for work there- on by by-law or proces-verbal , 795 " in the absence of any prncds-verbal or by-law, by whom IS the work on the front roads perform- , ^ed... 824. 825 " by whom is the work on by-roads performed... 826 to 830 " repairs to such by-roads are made by means cf a contribution in money levied by the road in- spector, under an act of apportionment, ap- proved by the council 827 " such work is given out to the lowest tender by the road inspector, in the months of April and October , 828 " work to be performed in common, by whom di- rected and superintend* ' 382 to 384 «« the local council may, by by-law, order fhat any or all of them, be, for the future, at the costs and charges of the corporation 535 to 538 «« when such by-law would come into forqe 535 " such by-law can only be repealed with the con- currence of two-thirds of the niembers of the council 54Q " effect of such by-law as to rate-payers, the corpora- tion, and all acts respecting such work 536 to 539 ** Winter 831 to 849 «* are laid out before the first of December in the places fixed by the ro-i' inspector 832 *< how laid out , 832 «* front roads, by whom laid out ', 832 " by-roads, by whom laid out 832 « the council may order that they be kept with a double track 833 •* in default of an order of the council a double track must be made at every four acres 833 " penalty for displacing or substituting balizes 834 ** their width 835 ** fences on the front roads must be kept levelled frnm fho Icf npr«pml->cir tn iVta to* At\>.:i ..»»)^«™ 30 ■■■' Jr IMAGE EVALUATION TEST TARGET (MT-3) h A .^^^.^ < <;. V#;^' £^ f/ .d> 1.0 I.I l^|28 III2.5 Kj m 12.2 lit US 140 2.0 1.8 1.25 1.4 1.6 < 6" ^ V] <^ /^ (?^ <^^^ '> Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 ii ^ ^ ,\ iV '% V ■^^ % V .<^^ A- I ^. I ' '\ f !■ ■ 9 466 HOADS ANALYTICAL INDEX OF THE « the council or the road inspector decide other- vise 835 the council may issue its orders respecting winter , r?a^s- •;•• V. ' 832, 837 la\d out on the same lines as summer roads, at whose expense are they 838 839 which are substituted for summer roads, where ' may they be laid out 840 by whom are such substituted roads kept in *re- ^PS'"" :V"\ ; ^ 841,848 ON HivERS, the lOcal corporation must keep in re- pair half of any-road across a river which sepa- rates it from any other municipality , 842 in default thereof, such roads may be kept in re- pair at its expense by the corporation demand- ing such roads 843 roads made on the ice may be continued across any field or land in standing timber until they reach another public road 844 when and by whom laid out ]".] 845 the costs thereof on the following rivers, St, Law- rence, Ottawa, Mille Isles, Ghambly and des Prairies, are reimbursed by the county munici- palities 846 the corporations of town or city municipalities on the St. Lawrence must reimburse the costs of roads which terminate on the river within t\70 miles of their municipalities 847 See Maskinonge. " substituted for summer roads 848 " corporations are not responsible for" acddents caused by the breaking up of the ice , ..., . 849 Road Inspector, See Inspector. Roads (colonization) of the 2nd or 3rd class, aid may be granted to them, by by-law or resolution of the council.... , 478 (460) (macadamized or paved), aid thereto may be grant- " ed by by-law of the council 479 and fol " (macadamized), may be acquired by the council by means of a by-law or resolution 485 (460) RoBERTVAL (local coun'^il of) in the county of Ghicoutimi, enjoys all the powers of a county council 108J RoixER, the municipal council may oblige the road in- spector to* procure one 385 " the use thereof may be exacted on" ''oads 385 5 « municipal Rolls, heretofore existing are continued in *force*.'.'.*.»«*.!!!! MUNICIPAL CODE. 4g7 Rolls :— " ijiay be annulled by the magistrate's court or bv the circuit court 5 iqq " are binding until annulled'.'.'".".'.".!!.'.*."' '5"i'6o !a(\u " .Sea Valuation, Taxes (Municipal). 0, luui^oj) Roofs, the town or village council may, by by-law, cause the removal of ice or snow therefrom.... 644 " iS'ee Ladders. Row, (cdte), is designated by the word range 19 g 23; Rural, meaning of the word 19 3 9, " Inspbctok, 5cfi Inspector. ^ Rots, municipal roads must be kept free from ygg; Salaries, councillors do not receive any salary " 113: « of judges, civil servants, and of persons* engaie'd m the service of another, exceeding four hun- dred doiiars, are taxable property 7i0( Sale by auction of animals impounded.. 43ra/xd fol " See Animals found straying, pound keepers " " by the road .inspector to the lowest tender,' of the- work of keeping roads and bridges in repair • when does such sale take place 787, 8^8, 856 " on markets, See markets (public). " of effects for the payment of municipal. taxes.,... 599 gg3 ^^ g^g lands for non-payment of taxes ggg to 1025 " the secretary-treasurer must prepare a list of such lands every year before i ••• 1015 n- se- li'., ;he 016, 1041 ire .he • •• 1018 gs rer >••• 1017 ml !••• 1019 • ••• 1020 )n- • •• 1021 IS • •• 83 3m • •• 1022 • •• 1022 m, • •• 1023 ry- cil «•• 1024 he • •• 1024 Sale :— '• claim of the purchaser lo be reimbu"<;ed for im- provements, &c ,, 1Q25 ** such claim is privileged .'.'.'.'.'. ".'.'.'..*.'* io25 •' the purchaser may retain possession of the "land until such claim is paid ]Q25 Sciences, (aid t<.) may he granted in the municipality, by by-law or resolution of the council 484 1460^ Scraper, See Roller. ^ ' Secretary-Treasurer (local or county), appointment of..... !42 IS not appointed by the lieutenant governor, on neglect of the council 177 " no person is bound to lill the office .,../.......'. 201 " any person domiciled without the limits of the municipality may be appointed 203 " time during which he retains office .'.*." 144 '♦ must take an n-j i h of office and give security before entering upon the discharge of his duties 144 " an oath required by the provisions of this code may be made before him 6 98 ** may appoint an Assistant .',",',' *' '145 " his sureties ."..".".'.'.'146 to 155 " when must he replace his sureties 152 " has charge of the archives of the council *."..*.'.'.'.* 156 " cannot divest himself of the possession ^f the archives without the permission of the council or on the order of a court 156 " may at any time convene a special session of "the council J26 " attends the sessions of the council "and keepsthe Register of Proceedings 157 " countersigns the minutes of the sittings" of "the council ,.^ ^ ......... 157 " copies and extracts of archives," documents,"&c" cerufled by him, are evidence of their contents... 158 collects and has charge of the moneys of the cor- poration I5g " pays in the name of the corporation" all" amounts due by it, on the authorization of the council or of the head of the cuuncil 160 " when such authorization is unnecessary.*.*.'.*.'.*.' 16O " cannot under penalty of a fine, give a recei'pt without having received the value therein soe- cmed ^ ^ *gl « cannot under penalty of a fme'Tend'mo'ne'y'L'el longing to the corporation jgl ^ ** keeps books of account ; manner in whic'h'siich books must be kept 1Q2 47C ; F ANALYTICAL INDEX OF THE ■ it u Spxiietary-Treasurer : — " must keep vouchers of his eypenditiire 162 *' keeps a " re/icr/ory, " what it contains 1G3 " keeps the books, vouchers and other archives of the council open for inspection and examin- ation 164 " gives copies or extracts on payment of his fees 1G5 " such copies or extracts are given gratuitously to the government, to the council and to its officers. 165 * must transmit to the principal place of business of any corporation or company which has liled an application to that effect, and made known such principal place of business, a certified copy of every public notice, by-law resolution and proces-verbal affecting such company or corpo- ration, together with an extract from the valuation roll containing the valuation of its property 165 " renders an account of his receipts and expenditure j^ in the month of June, and/ oftener if required by the council 166 " may be sued to render such account, and be con- demned to coercive imprisonment 167 '' prescription of chims against him 170 '.' place at which he holds his office .^ 171 " productions, services and deposits which should be made at the office of the council, may be made to him personally, or to any reasonable person at his domicile. .'. 107 is an officer of every court. 172 must notify the lieutenant-governor when the council neglects to make an appointment 178 must notify any municipal officer of the resolution by which he is appointed or removed 185 must sign the original of every by-law passed by the council ■. 457 may deposit the moneys of the corporation in a bank, in the absence of a by-law to that effect... 500 must make such deposit if required by the council or its head 500 his duties respecting the approval of by-laws by municipal electors 457, 675, 676, 678, 686 his duties respecting their approval by the lieu- tenant-governor in council 457, 498, 687 his duties in connection with the promulgation of by-laws 692 and fol. if any work, for which a proces-verbal has been made, fails within the jurisdiction of another (( « « It K 162 163 164 165 165 16c 166 • ••• 167 170 • ••* 171 Hid be ble • ••• 107 • ••• 172 the 178 ion • ••• 185 by • •• - 457 1 a t... 500 icil • •*• 500 by ,678, 686 eu- ,498, 687 of 2 and fol. en ler MUNICIPAL CODE. 471 SECRETARY-TnEASUnER .* — council, he transmits all the proceedings con- nected therewith to the office or such council 805 " must give public notice of the homologation of a prods-verbal by the council 808 " must retain in his hands all moneys for the pay- ment of expropriation indemnities, if creditors come forward, until there is a decision of the court ^ 921 " must apportion and collect the amount of such in- demnities with interest and costs, if at the costs and charges of the rate-payers 922 " must transmit to the registrar copies of all by-laws authorizing an issue of debentures 990 " if debentures have been issued under heretofore existing by-laws without complying with such formalities, he must comply therewith, within three months of the c coming into force of this code , 991 " penalty for neglect so to do [ 995 '< must, when a copy of a judgment against the cor- poration has been served at the office, forthwith pay the amount on authorization 1026 *' the office occupied by him is the office of the council 105 " where such office is established m " See Office (municipal), officers (municipal) se- cretary-treasurer OF THE COUNTY, AND F^CRE- TARY-TREASURER (lOCal). Secretary-Treasurer of the County, See Secretary- Treasurer (local or county). *' duties respecting the erection of a village munici- pality 55,. 60, 64 "' must transmit, each year, to the Provincial Secre- tary, a statement of the debts, etc., of the cor- poration; penalty for refusing 168a, 169 " must inform the lieutenant-governor of neglect by the council to appoint a warden or dele- gates 250, 264 (178) " must transmit a copy of the by-laws to the office of each local municipality 408 '* in cases of appeal to the county council, when must he convene a special session of the council 930 ** gives notice of the day, etc., when the council shall take the appeal in consideration 93 la *' must transmit to the local council, a copy of the decision of the council before which the appeal ■ r ( (. ill 472 ANALYTICAL INDEX OF THE SECBETARY-TnEASURER : — was brought, or a certificate establishing that no decision was given 931 " apportions, with the approval of thecouncil*,' the taxes payable by local corporations, and sends them a copy of such apportionment 940 •' his duties respecting the sale of lands for non payl ment of taxes, and their redemption 998 and fol " must transmit to the offices of local municipalities a list of the lots sold 10O6 " and the warden execute the deed of sale" in "favor of the purchaser two years after the sale, in de- fault of redemption lOng " must cause such deed to be registered.'.""" .' 1010 " if the land announced for sale by him is also'ad- vertized by the sheriff, he does not proceed with the sale but file? his claim with the sheriff.... 1016 1041 " must, when lands are redeemed, give notice to ' the local council jQ2t " must, in cases of appeal to the circuit court* "iransl mit the record to the clerk, alter service of the petition in appeal jQgg SsCRETARY-ThEASURER (local). See SECRETARY-TaEASUREa (local or county). " must transmit to the provincial secretary, every year a roll is made, a statement of debts, sta- tistics, 4c., of the corporation ; penalty for re- cusing (gg |gg " may be required to attend to the publi'cation "in ' the municipality, of notices given for county purposes, and to the transmission of the certifi- cate of publication 535 " must give the notice required for'the'eiecUonof councillors ^.. 294 SO') " when does he preside at the election"^? council- ' lOrS •>,... nq/» ocq " must notify the lieutenant.governorTf"no" election ' Of local councillors takes place 326 " must notify the warden of the appointment" of the mayor oiij " must notify the mayor of"hir Vpointment,"if he was not present thereat 331 keeps the register of roads and waVerlcourses'.'.rieS, 369 must comply with the provisions of the law res- peeling juries and parliamentary elections 370 submitri to the council, every year in the month 01 November, a statement of the arrears of mu- mcipal taxes 37, 372 MUNICIPAL CODE. 473 Secretary-Treasurer (local) : — " transmits to the office of the county council, an extract of such statement, before the 20th De- cember 373 " may be employed by the valuators and paid for his services - 375 <' attends with the valuation roll, as poll clerk, at any meeting held by the electors for the appro- val of by-laws r.. 678 " must attend to the reading of county by-laws, if notice thereof has been given him 693 " munt publish by-laws which have been amended or confirmed in appeal by the county council 695 " must in due time give the valuators the return ftirnished by iron or wooden railway companies. 720 ** must sign the valuation roll, if he has been em- ployed as clerk by the valuators 725 " must give notice to the lieutenant-governor if the valuators do not deposit the valuation roll with- in the prescribed delay 727 ** gives notice of the deposit of the valuation-roll by the valuators at the office of the council 732 *' must initial every amendment to the valuation roll 733 enters a declaration on the roll testifying to the accuracy, date and number of the amendments. 738 " transmits a certified copy of the valuation roll to the office of the county council 739 *« must publish any decision of the county council in appeal, amending a procds-verbaL.r 935 " in cases of appeal must transmit all documents re- lating thereto, to the county council. 936 " his duties respecting the collection of taxes.. ..^954 to 971 " See Taxes municipal, (collection of). • ** is bound, whenever any lot of land on which taxQs are due, is to be sold by the sheriff or is the object of a petition for ratification of title or for expropriation, to file a detailed statement of such * taxes 9G9 " must give proprietors or occupants notice of the particulars of the sale of their lands for taxes 1006 BECuniTY by persons requiring a census of the municipality to be taken 47 " by the Secretary-Treasurer 146 to 15 j " See SECRKTARY-TUEASURen. " by petitioners in cases of contested appoint- ments 352, 353 474 li ANALYTICAL INDEX OF THE tt, << a contract has been <( « ' ^■'' u 1 .p;:' « • (1 Fl, ': u u « 1 i u u ' minutes thereof in tlie " Register of Proceedings" ,.... 157 " either language may be made use of 241 " the duration of ordinary sessions may be regula;ed by by-law of the council .". 467 " See Sessions op the Loaal Coun'^il or op the County Com'CiL. SsssioNS OF THE CouNTY COUNCIL, whcD Bio the Ordinary or general held 256 «' in any newly organized municipality the registrar must, as soon as possible, hold a special session 257 , " where are they held 2ft* quorum of the council 259 the delay for notice of a special sessjon or of ad- journment for want of a quorum, is ten days 260 such notice may be sent by mail, prepaid , 260- " See Sessions (of the local or county council). Sessions of the Local Council, when and where is the first one held in any new municipality, and by whom 's it preside(> over , 286, 302 of the local counci' ■ n f* the ordinary sessions take place place where the c , four members forr the delay for the n an adjournment i- days general sessions may, by oy-law, be limited to four per annum 611 See Sessions (of the local or county council). Settlement of the debts of 'a municipality after its divi- sion 78 to 85 Sewers, the council may, by by-law or resolution, order them to be made and kepi in repair at the ex- pense of the corporation 475 (460) " the local council may, by by-law, oblige proprie- tors to make sewers, lix the manner in which they are to be made, or cause them to be made at the expense of the corporation 545, 546 Shefford (county of) works to roads and bridges therein" are performed by the local corporations ; except in the municipalities of Milton and Roiton ' 108O Sherbrooke (town of) works to roads and bridges therein are performed by the co.'poration , 108O <( «< i< it )ccial session or of '. a quorum is two 287 288 289 290 476 KB ANALYTICAL INDEX OF ZHi < It ' SHEniFPS aro ilii^qunliflid Tor inaniCki/«^ I ofQcos 20S ''• their duties and powors in th) execution of judg. ments against corporations 1030 and fo!. Shinoles, See Wood. ISide-Walks are under the superintendenco and control of the road inspector, unless un oflicer has been specially appointed for such work 376, 785 " such special oflicer has the same powers and is li- able to the same obligations as the road inspec- tor 785 " nuisance? or obstructions found thereon must be removed 386 " what is deemed a nuisance or obstruction 388, 389 *' what precautions must be taken, under penally of a lino akid damages, when any duly authorized work is in course of construction thereor 390 *' penally for causing any obstruction or ii 'isance thereon 391 '• must be inspected by the road inspector be<;ween the first and fifteenth of June and October every year, and whenever required by the council or the mayor 404 <' the council may, by by-law or resolution, and on certain conditions authori":e the construe ion of dangerous works thereon , 476 (460) ** the local council may, by by-law compel owners or occupants to lay Ihem down on public roads, and fix the manner in which Ihey must be made 544,546 ^' the local council may, by by-law, cause them to be made at the expanse of the corporation 546 *' the local council may, by by-law, cause trees to be planted along them 547 " the town or village council may, by by-law, cause the removal of snow, ice or other matter there- from, 644, 67C ** the town or village council may, by by-law, pre- vent their obstruction 645 " the town or village council may, by by-law, deter- mine their level and height 067 ** the town or village council may, by by-law, cause them to be watered, swept and kept clean 670 ** in what order must they be kept 788 ' when are persons, liable for work thereon, in deniull 789 " t^e contractor is liable to the same obligations and penuilies as these whose work he has undertaken to do, and is the surely of such persons , 790 41 it « « P^^'son^ carrying on the same. u i^rir''?'^ ''''"'".'" arrangemenls with them ' 94q 480 ANALYTICAL INDEX OF THE i!^ * Ay I .T< sl^aaif i Taxes : — «< such exemptions or arrangements do not extend to work upon water- courses, clearances, front roads or boundary ditches or fences 943 " the local council may add ten per cent to the amount of taxes to cover costs and losses 944 " in labour or materials are convertible into money after they fall due -. 945 " are a privileged claim, exempt from registration 946 " bear interest at six per cent from the date on which they fall due 947 " such interest cannot be remitted 947 «' imposed on any land may be collected from the occupant or person in possession, and from any subsequent purchaser, even when his name is not entered on the valuation roll 948 " any person paying such taxes is subrogated in the privileges of the corporation against the owner... 949 «' with certain exceptions, are prescribed by three years 950 " the surplus in any apportionment thereof forms part of the general fund of the corporation 501 « may be recovered before any justice of the peace, the magistrate's court or the circuit court 951 " levied by the local council in any municipality of united townships, how expended 953 " personal, may be levied on Jtenants, by by-law of the local council 584 " personal, may be levied on every male inhabitant of full age and not otherwise taxed, by by-law of the local council 584 «« may be levied by by-law of the local council, on the owners of dogs ^ 595 " may be levied by by-law of the local council, on circuses, theatres and other public perform- ances ' 5^^ " may be levied by by-law of the local couno.l, on certificates to obtain a license for the sale of intoxicating liquor ^^^ " (collection of) when must the secretary-treasurer make out the general collection roll 954 " the special collection roll < 954 « what such rolls must contain ••• 95j " what the general collection roll must set forth in addition 956 to 959 Ji vo\4:y%/> Kit f Van onnmat a mxr-tfctocMVlir' thn t I hfl /^nllACtlDn roll has been completed and the taxes set forth therein must be paid within twenty days 9"^ MUNICIPAL COPE. 481 Taxes: — " at the expiration of such delay the secretary- treasurer must make a demand of payment ?6 1 ■*♦ fee for the service of such demand ] 961 «' fifteen days after such demand the amounts due may be levied by the secretary-treasurer by sei- zure and sale of the chattels and effects found in the municipality 962 << the warrant of seizure is signed by the mayor, ad- dressed to a bailiff and executed the same as " any writ de bonis from the circuit court 963 ** notice of the day and place of sale is given by the bailiff. 964 <* such notice must set forth the natnes and quality of the debtor 964 ** if the debtor is absent, or in the event of refusal to open the doors, &c., the bailiff may be au- thorized to cause the same to be opened 965 ** opposition to the seizure and sale of effects, founded on a right of property or of privilege, must be accompanied by a deposit of money 9GG ** how such opposition is made, heard, and adjudi- cated upon 966 « what becomes of the deposit 967 «* the proceeds of the sale are applied to the pay- ment of the debt and costs 968 ** the surplus is returned to the debtor,unless claims are made against it 968 " in the event of claims being made against it, the surplus is retained by the secretary-treasurer until there is a judgment of the court, or the parties come to an undei'standing respecting it.. 968 '* in case of a sale by law, or a demand for ralifica- tfon of title, or expropriation, the secretary- tr.easurer must file the claim of the corporation. 969 " any rate-payer required to pay an amount greater than that which he owes, may plead by excep- tion or opposition 970 *' how such opposition is made, heard and decided ; it delays the sale if accompanied by ad order to thateffect 970 " the secretary-treasurer may, at the expense of the corporation, employ assistance in collecting the taxes* 971 ** he is responsible for those he employs 971 ** lie nU*^ OT*orv vpQ»« in tVia mrinfVi nf 'M/^%>an.l^an draw up a statement of the arrears and submit it for the r.pproval ofthe council 371, 372 31 482 ANALYTICAL INDEX OF THE ■■s. -;■ :<( J '^'^ h ' >■ I " an extract of such statement must be sent TO iit. office of the county council 373 " Sre Sale of lands for Taxes. " (municipal and school) must be paid to qualify a municipal elector '. 291. ** (school) the local council, on the requisition of the school commissioners or trustees, orders the secretary-treasurer to collect such taxes at the same time as the municipal taxes 952 " in any such case, the secretary-treasurer must enter them on the collection roll, levy them, and remit them to the secretary-treasurer of schools 959 Teachers, in the exercise of their calling are exempt from municipal offices ' 209 Telegraph, aid to companies may be granted by by-law of the council 480 and fol. Temperance, by-law respecting. See Liquor (intoxicating or strong . Tenant, may be compelled to do works in regard to clear- ances, boundary ditches or fences and water- courses, saving his recourse against the owner... 413 " may, by by-law of the local council, be liable to a personal tax « 584 " may be compelled to pay the taxes on the land he occupies, saving his recourse against the owner..948, 949 Teuritory, governed by the municipal code I '« not erected into a local municipality or of which the council is not organized, is governed by the county council 28 *< annexed to a parish by civil authority or by the legislature ; when does it foi^m part of the mu- nicipality of such parish ■. 30 " situated in a township ; when may it be annexed to a parish municipality by the county council .. 33 " annexed to a township, by proclamation; when does it form part of the municipality of such township 1 36 " annexed to a municipality is not liable for the debts of such municipality contracted before the annexation 91 •' Si0 " may be set up by the local council, under a by- law, on its bridges, and on its roads whether macadamized, paveif or planked 542 Unhealthy Plages, See Places (unhealthy and unwhole- some.) Usufruct, See Proprietor. Vacancies which the council is bound to till, may be filled after the delay has eypired ..^. ... •-.••;-^- ••-,•;••; ^^^ •« in the place of any municipai Oiucer mUSi ^^e miQ^ within thirty days.... 184 I i 484 ANALYTICAL INDEX OF THE 'r\ i li; M 1 1 A 1^5 'i /I Vacancies in the ollice of warden, when must they be iilled... Q49 ** in the office of local councillor, when do they occur 337 " when must they be filled 339 " may be filled by the lieutenant-governor if the council neglects to act 340, " notwithstanding any vacancy, the local council exercises its powers if there is a quorum 338' •' if in consequence of any vacancies, less than four councillors remain in office, such vacancies are filled by the lieutenant-governor 341 " in the office of mayor, when do they occur..., 342 " when must they be filled ; 343 " are filled by the lieutenant-governor on the neglect of the council 344 VxLiaiTY of any act is not affected by unnecessary allega- tions or expressions 14 •' of any debentures issued under a by-law approved of by the lieutenant-governor is not affected by any irregularity or illegality 997, Valuation of taxable property c 709 to 747 " lands which are taxable 709 " movable property which is taxable 710, 711 " property not taxable.... 712 " crown lands on which there are occupants are tax- able as to such occupants 714 Valuation Roll, when must it be made 716 '* if there is none in the municipality 717 " if it has been annulled 717, 747 " what it must contain 718, 722, 723 " information respecting the census and statistics must be inserted in it if required by the lieu- tenant governor 724 " what is included in the actual value of real estate 719 " return to be made by iron and wooden railway companies *. 720 such return to serve as a valuation of their real estate 721 if no return has been made 722 by whom signed and altefted..... 725 must be deposited in the office of the council 726 if it has not been deposited the mayor or the secre- tary-treasurer must notify the lieutenant-gover- nor 727 appointment of valuators by the lieutenant-gover- rights und powers of such valuators 728, 729 their fees; by whom payable, 730 « it « « lied... 249 they 337 >••••*•• 339 f the 340, uncil 338 I four 3 are 341 342 343 344 lega- • • • • • • 14 'oved d by 997, ■ ..709 to 747 •• •••• 709 711 712 1 tax- 714 »•••••• 716 7IT ,747 18, 722 723 lieu- 724 state 719 Iway 720 721 722 725 726 over- 727 over- ... 798 731 .....728, 729 730 MUNICIPAL CODE. 485 (i «( Valuation Roli, the three valuators must act together. 733 public notice of the deposit of the roll must be ) / given by the secretary-treasurer 732 any person wronged by the roll prepared by the valuators, may have it amended on application to the council , 735 its examination and amendment by the local council 734, 738 public notice thereof must be given 736, the council must take cognizance of all complaints 737 must be forwarded to the county council ; when and by whom «, 739 its examination and amendment by the county council 740, 741 period at which it comes into force 742' period during which it remains in force, its use 743 may be annulled by the circuit couri or by the ' magistrate's court 5,100 remains in force until annulled 5,100, (461) penalty incurred by valuators who refuse to dis- charge their duties 744 penalty incurred by those who refuse to give the valuators any information they may require 745 the local council may, after every change of owner, insert the name of the new owner in place of the former on the valuation roll 746 the same council may, the year during which a roll is not made, revise that in force 746a an appeal lies to the county council, from amend- ments made by the rural council, to the valua- tion roll prepared by the valuators 927 an appeal lies to the county council if the rural council neglects to take cognizance of any written complaint for the amendment of the valuation roll 927 Valuators, persons who have no domicile in the munici- pality may be appointed 204 three are appointed by the local council each year in the month of March 365 take an oath of office 360 when they enter upon the discharge of their duties. 366 period during which they remain in office 366 penalty for refusing to accept or to continue his office 367a must own real estate to the value of $400 374 mav employ the secretary-treasurer or a clerk-, fees for such services '. 375 their duties with respect to personal taxes 585 « Jjn are either local or county 869 which are local oo9 which are county •. •• 8b» by whom is the work thereon performed... o7U, »/l manner in which the work is perforra'^d 872 are under the superintendence and direction of the rural in&pector unless a special officer has been appointed • ....406, 873 such officer has the same powers and obligations as the rural inspector 406 the work of opening a water-course cannot be su- ally interested '874 41 it U and the vahie, with 20 per cent, in addition thereto, is recoverable by the ofQcer or tho council that has done the worii 408 (398, 401 to 403) the rural inspector cannot, without giving previous notice to the persons in default, cause work to be done or materials to bo furnished for any sum exceeding Ave dollars in any one year 408 (397) the rural inspector must, whenever he has, without authorization, done any work or furnished any materials, give immediate notice to the persona in default ; 408 (397) exception in favour of certain companies with respect to work on water-course; « 21, 22 See GoMPANiEP, (iron or wooden railway.) ioint work, by whom and how ordered and super- intended...:. 407 ( 38*2 to 384) the corporation must keep them in the state re- quired by law and by the acts which regulate them, except thbse governed by acts of agreement under a penalty of line and damages, saving its , recourse - 878 penalty incurred by persons neglecting to remove obstructions • 87& roads, dams and dykes are not demolished becausb they are obstructions to water-courses 881) no one is bound to make, on his land a water- course of a depth greater than necessary for draining such land 881 may be made through any neighboring land, or existing ones may be made use of for the purpose of draining swampy lands 882 work on such water-courses, how regulated 882 the rural inspector may authorize an excavation in any public road to admit of the passage of a water-course such excavation must be indicated day and night. a bridge must be built over such excavation within forty-eight hours 883. the work to be done by the rate-payers may be regulated and determined by by-law of the . cGuncilr--- ' §°4 or is regulated and determined by a procds-verbal. 884, 885. See PROGfeS-VERBA.UX. (793) << 883 « 1) 1 1 « 490 ANALYTICAL INDEX OF THB kH I IJ-t I*. I I' 'Water-Codhses : — ',' or is regulated and determined by an net of agree- . «\fnl 888 ', in the absence of any by-law, prods-verbal or act of agreement, by whom is the work done 871 the waters of any water-course may be turned into «ny other ggg any person may be made liable for work m pro- portion to the extent of his land drained by such watep-courge 887 an error of not more than ten per cent, is not taken into account in estimating the land so drained ggy an act of agreement must be approved by the council or by the board of delegates 888 an act of agreement takes the place of any other act by which the water-course is governed 889 acts of agreement, to what extent obligatory and under what penalty 889 acts of agreement may be repealed by the council or by the board of delegates, or by the consent of the parties thereto 889 a copy must be deposited in the oftice of every local municipality through which such water-course runs 890 the council may, by by-law, cause the work to be done at the expense of the corporation. 475 (460| effect of such by-law with respect to the acts governicg the works and the persons liable 475 filth found in any watercourse must be removed. 4 15 penalty incurred by any person throwing filth into a water.course \\q |39(^ and their banks may be made use of, subject to the charge of repairing any damage occasioned thereby 891 natural water-courses, when are they municipal... 868 ■Water-Works, See Aqueducts. Weeds, See Noxiot s Weeds. Wllls, (public) may be established and kept in repair by by-law of the town or village council 637 Wharves, (government), r iy be acquired by the council, by by-law or ret ution... 485, 487 (460) "Wild Animals, rewards for the destruction of, may be given by by-law or resolution of the council...505 (460) Wine, See Liquor (intoxicating or strong). Witness, summonsing of, by the council or the com- mittees .,, 98 i< u it u u «l H « 41 u II « << MUNICIPAL CODE. 491 pee- 888 act 871 into 886 pro- uch 887 not I so 887 the • •••• 888 her 889 ind 889 ncii 889 cal rse 890 be .475 (460) LCtS • ••• 475 ed. 4l5 ito .416 (391) the led «••• 89t 1... 868 air • •• 637 cil, 487 (460) be 505 (460) u 44 <« 98t I071I " no witness is inadmissable froir beiflg an elector, rale-payer or member of the covinCi) r whoever is entitled to be heard by the council or the committee may produce witnesses 97' may be summoned by the couilcil or the com- mittee - • no fresh witnesses are heard in any appeal to the circuit court, unless the appeal is from a decision of a county council or a" board or dele- gates Wood, cord wood, the measuring thereof may be regulat- ed by the local council 5|0,' " lumber do do ' do bm\ '« shingles, do do do 580* " the by-law may authorize the confiscation thereof, if sold in contravention of its provisions 581 Works, (public), aid to, may be granted by the coun- cil 477, (460) 479 and foU mav be acquired by by-law or resolution of th6 council...... 485 (460y forming part of the municipal pads ; penalty lor injuring them - Se^ Public Wohks. Writing, (knowledge of reading and wri' ) See Reading and Writing. Yards, the local council may make by-laws respecting the cleansing of yards II << 792 592 i « '! -;■ y I '"J 8 I TABLE OF CONTENTS. \\ prBijminary title. Extent of the municipal code ; declaratory and interpre- tative PROVISIONS V M & BOOK FIRST. ORGANIZATION OP MUNICIPAL CORPORATIONS. TITLE FIRST.— Erection OF Municipalities 15 Preliminary provision 15 Chapter I.— Erection of county municipalities 15 « II.— Erection OF local MDNiciPALiTiES 16 Section I.— Rural municipalities 16 g I. — Of municipalities of a parish or of part of a parish 17 I II. — Of municipalities of a township or of part of a towiiship 19 I m.— Of united township municipalities 20 I IV. — Annexation of a territory to a rural munici- pality 21 I V. — Separation of a territory annexed or united to another 22 Section II. — Of town and village municipalities 23 I. — Of existing town and village municipalities... 23 II. — Erection of new village municipalities 24 III.— Brectwn of new town municipalities 28 IV. — Annexation of a territory to a town or village municipality ^ j 29 I V. — Annexation of a town or village municipality to an adjoining local municipality 29 Chapter III. — Effect of the t mge op-TiHS limits of a mu- nicipality UPON the oblioations and rights OF rate-payers 30 Section I.— Settlement and division of Joint debts 30 J- 494 TABLE OF CONTENTS Seption II. — Diviaon of Common property , 33 •' III. — Miscellaneous provisions 34' TITLE SECOND. — Provisions common to all municipal cor- ponATioNS ^„ , 35 Chapter. I.— Op thr municipal codnoil ^ 351 Section I. — General provisions 35i " II. — Of the members of the council «.,'/.'.,' 39 ** III.— Provisions specially applicaWe tc the head 6f the council ,,^.. 41 " IV —Of the sessions of the council 42; Chapter II. — Of the oppicers of the municipal council... 45: Section I, — Of the secretary-treasurer 45, I I.— Of the security furnished by the sec-treasurer. 47 i II. — General duties of the secretary-treasurer 49 Section II. — Of the auditors 56 <' III.— Of appointments by the lieutenant-governor.*. 56; " IV.— Miscellaneous provisions 5T Chapter III* — Of persons bound to accept municipal of- fices and of those incapable of or exempt FROM discharging them 61 Section I.— Of persons bound to accept municipal offices. 61 •' II.— Of persons disqualified for municipal offices. 6t " III —Of persons exempt from municipal offices.... 63 Chapter IV. — Of municipal notices , , 65 Section I. — General provisions « 65 " II. — Of special notices *.'.'" 67 " III.— Of public notices '. 69 Chapter V.— Of the languages to be used in the council and IN municipal proceedings , 71 TITLE THIRD. — ^Particular rules applicable to county corporations 73 Chapter I. — Of the county council 73 General provisions.,., .......,.« 73 Section I.—Of the warden „ 73 ** II.— Of the sessions of county councils 74 Chapter II.— Of county delegates 76 Section I.— General provisions „.. 76 H TT fif lUn hknt.YMl ^r A^t !_-. nn i*. ,.-i v«. ^waixj. Ui UClCJjUlUS .-/ \] TABLE OF CONTENTS 49S TITLE FOURTH.— Rules common to every local municipal C0ni>0UATI0N. 19 Chapter 1. — Op the local council TO- So(5lion 1. — General provisions 79* •♦ II. — Of persons disffualifletl from acting us councillors 80 ^< III. — Of sessions or ihe council 81 Chapter II.— Of municipal electors 82: I. Chapter III. — Elections of local councillors 85' Section I.— Timo of holdinc general elections ; notice re- quired therefor 83 " II.— Of the officer presiding at the elections 84; " III. — Meeting of municipQl electors 87. Chapter IV. — Appointment of local councillors by the lieutenant-governor , 91 Cfapter v. — Appointment of mayor 92^ Chapter VI.— Vacancies in the local council 94 Section I. — Vacancies in the oflice of councillor 94 " II. — Vacancies in the office of mayor 95 Chapter VII. — Contested appointments of members of the local council 96 Chapter VIII. — Of the officers of the local council 100 General provisions 100 Section I. — Provisions specially applicable to the secre- tary-treasurer ol' the local council. 101 it II.— Of Valuators lOS " III. — Of road inspectors 104 *« IV. — Of rural inspectors 113 8 I, — Public nuisances 116 g II.— Clearances 116 I in. — Boundary ditches 117 g IV. — Boundary fences 119 Section V. — Of pound keepers « 120 BOOK SECONB. POWERS OF MUNICIPAL COUNCILS. Preliminary provisions > 12& f I I Jit-. 498 TABLE OF CONTENTS TITLE FIRST. -Municipal, dy-laws ,25 Chapter 1.— Gexehal provisions [25 Chapter II.— By-laws within the jurisdiction of all muni- cipal COUNCILS, J27 Section T --Governmenl of the council an.l of if: officers.. 128 u rff ""i^P.^^'c works of the municlnalily pg 111.— Aid in ine construction, improvement and maintenance of public works and under- i\T A •?h'"^^ "9^ belonging to the corporation... 130 iV.— Aid to colonisation, agripulture, horticulture arts and sciences .„ J32 ,,; — ^5^"js'l>on of property and publii works.*.*.'.'" 132 Vr.— Direct taxation Jo J ^XIt~^°/".^ ^"^ '^s^® of debentures ".*.*. *;!!.***.*.'.!**"* 134 TV' ^.?'"'?.'^*''^^'°" of corporation funds ' 136 IX.— xMiscelianeous provisions * n? Chapter III.-By-laws specially within the juri'sdiction'of . county councils M €t « « u 139 Section ft. « I.— Chief-place , .gg ill'^S'I'^H '' *^°V o ^l"* ''^8'^^^^y, office of'the counTy! 139 III.— Roads and Bridges ^ \Ti IV.— Fire in the woods Jli v.— Indemnity to members of the councVl'.". *.'.*.*.'.*;." 142 Chapter IT.— Bv-laws specially within the OF local councils. JURISDICTION 143 Section I.— Public highways t*q I.— Roads and Bridges 1I0 II.— Public places **.'„ jjt III.— Sidewalks and sewers Ity IV.— Miscellaneous provisions "." 148 II. — Ferries ..^ Kf*~"«'uP ^"^ division of*the**mun'ic.ipa*ii*ty.!'."!!!!" 149 IV.— Ab&ses prejodicialto agriculture ", m v.— Sale of intoxicating liquors 151 n""nm^'?i!i°'' °rM® '^^^ of intoxicatiilg'Viquore; 151 11.— Lim uation of the number of licenses for the sale of intoxicating liquors 15^ in.— Mrscollaneous provisions '.'.'..'.*.'!.'.'!!! 153 Section Vl.-Storage of gunpowder, and other explosive ^uDsiances, >.,,,,,,, .... t^it " VII.— Sale of bread 'and wnnH*"" }r* Section « u u I TABLE OF CONTENTS 497 125 125 -L MUNI- 127 >ffioers.. 128 129 int and under- alion... 130 culture 132 rks 132 133 134 136 137 riON OF 13S ;ounty. 139 141 142 142 5IGTI0N 143 143 143 147 147 148 ' 148 149 150 151 juors. 151 tor the ......... 153 153 ilosive 154 < EC Section VIII.— Trade licenses « 155 " IX.— Personal taxes 157 " X. — Indemnities and relief 158 " XI. — Public nuisances 158 " XII. — Decency and good morals 160 '« XIII.— Public health ,... 161 " XIV. — Miscellaneous provisions Id I Chapter V.— By-laws specially within the jurisdiction OF TOWNS OR VILLAGE COUNCILS 162 Section I. — Division of the municipality into wards 163 " II. — Masters and servants 164 III.— Public markets 165 IV._V^aler and lights 167 V — Public nuisances 169 VI. — Miscellaneous provisions 171 I. « Chapter Section « VI. — Formalities to be observed before municipal BY-LAWS are carried INTO EFFECT OR PUT INTO FORCE 173 I,— Approval by municipal electors 173 II. — Approval of the lieutenant-governor t7fi III. — Promulgation of municipal by-laws 177 Chapter VII. — Annulment of municipal by-laws 179 TITLE SECOND.— Valuation of taxable property 181 Chapter 1. — What property is taxable , , 181 II. — Making of the valuation roll .,.. 183 Chapter Chapter Chapter III. — Examination of the valuation roll. IV. — General provisions »....* TITLE THIRD.— Of municipal roads Chapter I. — General provisions « 188 191 193 193 Chapter Section « II. — Mode of drawing up a proces-verbal and the acts of apportionmeni which relates thereto » 207 I.— Of the proces-verbal „. 207 II.— Of the act of aiT^ortiQnments=i==ii»,-i. .»i*»«*., 213 m : 4 f ■ ■V: V. jEklM J 498 TABLE OF CONTENTS Section III.— General provisions.. 215 Chapter III.— Op persons liable for work on roads in THE ABSENCE OF A PROCfeS-VERBAL 0i< BY-LAW.. 215 Section. I. — General provisions , 215 " II. — Of front roads 216 " , III— Of by-roads 216 ChaPTKR IV. — Of WINTER ROADS 217 Section I. — General provisions 217 " II.— Of winter roads which .eplace municipal summer roads 220 " III. — L>f winter roads on rivers 221 TITLE FOURTH— Of municipal bridges 224 TITLE FIFTH.— Op ferries 226 TITLE SIXTH. — Of municipal water-courses 227 TITLE SEVENTH.— Of other public works of municipal CORPORATIONS 233 TITLE EIGHTH.— ExPHOPRiATiON for mohiopal pobposbs... 235 TITLE NINTH. — Appeals to th»', county coukcsl 240 TITLE TENTH.— Municipal taxes and debts 243 Chapter I. — Municipal taxes 243 Section I,— General provisions 243 "• II. — Collection of taxes in local municipalities!.'.'.'.*.' 248 Chapter II. — Municipal debts 25S Section I —General provisions 253 " II.— Special provisions respecting municipal "del bentures 256 TITLE ELEVENTH,— Sale of lands liable for municipal TAXES IN default of PAYMENT 261 Chapter I.— Sale and adjudication of lands 261 Chapter II.— Redemption of lands adjudged 267 3ADS IN Y-LAW.. 215 215 216 216 217 217 nicipal 220 224 226 ,.. 227 NICIPAL 233 09B«... 235 240 243 243 243 3S 248 253 253 256 ICIPAL 261 261 267 TABLE OF CONTENTS 499 BOOK THIRD. SPECIAL PROCEEDINGS. TITLE FIRST. — Execution of judgments rendered against MUNICIPAL CORPORATIONS 269 TITLE SECOND. — Recovery of penalties imposed in virtue •OF THIS code 274 Chapter I. — General provisions 274 Chai'Ter II,— Of prosecutions before justices of the peace 276 TITLE THIRD.— Appeals to the circuit court 277 Exceptional provisions 283 Final provisions 286 APPENDIX ^89 Forms •• 289 to 301 QUEBEC LICENSE ACT 302 to 368 QUEBEC ELECTION ACT 369 to 380 ANALYTICAL INDEX OF THE MUNICIPAL CODE 381 to 491 ■i»!,\l?.W''*>*.*J" IIMXH i ll'l H.W' I I W" I I"I •• uimm* " I ..!.l LA BIBLIOTHJ^QUE DU CODE CIVIL DE LA PROVINCE DE QUEBEC, {CfDEVANT-BAS CANADA,) PAR MM. Chs. C. de Lorimler et Chs. A. Vilbon, CONTINutfa PAR M. CHS. C. de LORIMIER, Avoca t. <:^ « !i ?, °"® ^*^'* ®" frangais et en anjrlais 2« les obsprvn- r/es au.?rSf r^^' T 5'f '« ^^^''"^ '^'e avec des S- SalerontiifiSl" ?°w'/° ^'1 ^"^°"^^« auxquelles les Com- SdSrnnfnnfflc '^^^jmmissaires, un nombre conside- cure ceurnni nicf '"' ^^"^^f^se aux auteurs et I'on se pro! cure ceux qui nous manquent 5» un apercu du droit rnrnnin sous chaque article 60 le lixte du Code Nap^on, 7Mes Txtes denc?;iancaTs""""^ '' '' P^"^^^"" -*-' -^-' «" J-S-- SullS'^Tu^iLl^™^^^^ ^'toutes lesUontel nem.^ Ts^mTnt^nin/'" f-^^T'^^ ^' ^^^ ^°™"^^s les plus emi- LA TOi-MTsT,"^ '''*"/• ""^ *^*'' '^« "^°'s dans la revue de droit rir«*o^^-^% ^"ii contient aussi la continuation du Com- S'adresser i EUSEBE SENEGAL & Fils, Editeurs de Za Thimis 6* 8 * 10 RUE SAINT-VINCENT, MONTREAL. !.♦ LA^ th:E:m:is HZrvU SB IiioUI^TIOV, Da DBOIT IT t JTUBtlVBVDBirCB. PARAIT CHAQUE MOIS PAR LIVRAISON DE 128 PAGES. 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