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32X

U..A.:...

L,: »

^ M

AN ACT

TO AMEND

THE LOWER CANA

CONSOLIDATED MUNICIPAL ACT.

31 Vtct. Cup. 30.

QUEBEC:

PBINTED'BY STEWART DERDI3HIRB & QEORQE DESBARATS,
Law Printer to tho Queen's Most Excellent Majesty.

1861.

ANNO VICESIMO-QUARTO

VlCTORIil^. llEGINiE.

CAP. XXIX.

An Act to amend the Lower Canada Consolidated
Municipal Act.

[Assented to \St/i May, 1861.]

IN amendment of llie Lower Canada Consolidated Municipal Treamble.
Act, chapter twenty-four ofllie Consolidated Statutes for
Lower Canada : Her Majesty, by and with the advice and
consent of th(5 Legislative Council and \sscmbly of Canada,
enacts as follows :

SESSIONS Oli" COUNTY COUNCILS — ELECTION OR APPOINTMENT OF

WARDEN, &C.

1. After paragraph six of section seventeen, the following section 17
paragraph shall be added : amended.

" 7. In case of the death of the Warden, the County Council, provision in
on special notice to be given by the Secretary-Treasurer, not case of the
later than twenty days after such death, shall meet for the pur- death of a
pose of electing from among its members another Warden; " *"•
and the Warden so elected shall have the same powers and
perform the same duties, as the Warden in whose place he is
elected, and shall remain iv office for the term daring which
the deceased Warden woi i i ave so remained."

APPOINTMENT OF CERTAIN OFFICERS BY LOCAL COUNC'LS.

ft. The third paragraph of the twenty-second section isre-p^^ 3g(.
pealed. Sect- 22, re-

POWERS COMMON TO ALL MUNICIPAL COUNCILS.

3. After paragraph twenty-seven of the twenty-fourth flee- g,ct. M
tion, the following paragraph shall be added : amended.

" 28. Every Municipal Council may grant licenses to all jiunidpal
public carters, residing within the limits of its Municipality, for Covu^ma^j

^ Cap. 29. L. C. Consol. MuHicipal Act amended. 21 Vict.

lieensecart- ''»' fiirriiigc and Iraiispoit ofMtonr, lime, sand and oilier nrlicles
tta. within siicli liinilH ; and any pcr^ion, who i^liall havu olilained

Effeotofiuch from the Couni'il ol'ihu Mnnicipaliiy in whitdi ho r<'sid«'», a
lioeiue. carlfr's licu'nsi', may lionvry and transport stone, lime, sand

and other articles, taken from any phiee within the limits of
the Mnnieipality in which he resides, and from which he holds
his license, within the limits ol any neijL[hborin^ Municipidity,
Town or City, witlunit beinj^ compelled to pay to any such
neighl)orin<,' Municipality, Town or City, any taxes, charges or
impositions whatsoever, Ly reason of such transport or car-
riage."

ria«

POWKns COMMON TO ALl. I.OCAI. COUNCILS.

Sect. 27
amendvU-

'1. Afler paragraph eighteen of section twenty-seven the fol-
lowing paragraplis siiall be added : —

Local Councils " 19. Every Local Munici|)al Council in Lower Canada,
may pass By- tijiall hav(! power, at a meeting or meetings composed of a ina-

louf llf.^!!- jority of tht! members thereof, to inak«! By-laws wliieli sliall be
tain purposes. ^ . ,•'. ,, i ,. i .* n • , • i

bmding on all parties concerned, lor the lollowing objects, that

is to siiy :

PrcTentlnff Fh'st. For preventing merchant.*, traders, pediers, sliop-

Bftle of liquors keepers, hotel-keepi'rs, tavern-keepers, and other jM-isons keep-
on Sundays, ing houses or place* of enterlainiuent witiiin the limits of any
Municipality, and all other persons, from selling or retailing on
Sunday any goods, wares, or merchandise, wines, spirits or
other intoxicating licpiors, or purchasing and drinking the same
in any hotel, tavern, house, or j)lacc of public entertainment,
and also for the closing of all siiloons and taverns from seven
in the evening on Satur<lay, until the following Monday morn-
ing; and every such Council may by such By-laws, give
power and authority to enter any shops, stores, hotels, taverns,
or houses whatsoever, within tlie limits of their jurisdiction,
for the purpose of arresting, or causing to be arrested in the
act, any persons so selling, retailing, offering or exposing,
or buying, and drinking, or suspected of so selling, retailing,
offering or exposing, or buying and drinking, as aforesaid ;

Suppressing
cruel amuse-
ments.

Bappresslng
horse racing,
&e., on Sun-
day.

Taxing TMe-
«oarses.

Second/ If. For prcv(^nting and suppressing dog-fights, cock-
fights, and other cruel amnseiiicnts, witiiin the limits of their
municipalities at any time, with power to arrest, or cause to
be arrested in the act, ail persons who shall be found taking
part in, assisting at or directing, or who shall be suspected of
taking part in, assisting at, or directing the same ;

T/iifdfij. For preventing and suppressing, on Sunday, all
races with horses or other animals, on any race course, or other
places specially set apart for horse racing, or in any other place
whatsoever ; and also, the training of horses, either in pacing,
trotting, galloping or otherwise, on such race courses or other
places appropriated to that purpose ; with power to every such

CouDoili may
proMOut« per-
Honii selling
without U-
cense, inplao*
of the Reve-
nue Inipeotor*

Mny pnss By-
Inwg respeot-
in(c the sto-
rage and oart-
ing of gun-
powder.

18G1. L. C. Consol. Munin'pat Act amended. Cap. 29.

Council to impose n tax on all proprietors, tenants or other
occupiintM of such race-courses or oilier places appropriated or
used lor that purpose, lor every day on which ruues Hliall take
phice, other than Sunchiy.

20. Any Local Council may prosecute before any Justice
of the Peace any person selling l)y retail without license spiri-
tuous, vinous or alcoliolic or intoxicating liquors, and also any
person having a license who sells or retails such liquors on a
Sunday, at any place within the Municiipalily ; and for this

fiurposc such Local Council is suhstituted for the Revenue
nspector of the district, nnd tlu^ judgment and the penalty im-
posed shall be th(! same and the penalty shall be distributed
in the same manner, as if the Revenue Inspector was himself
the prosei'utor; and all laws respecting such suits shall apply
in the same manner as if the prosecution were brought by the
Revenue Inspector;

21. Kvery Local Municipal Council shall have power to
make Uy-luws for limiting the quantity of Gunpowder to be
kept in any building or in any description of building, or within
any extent of ground, in any part of the Municipality, whe-
ther such building i)e a magazine or otherwise, and for regula-
ting the manner in which such Gunpowder shall be kept in any
quantity and in any description of building, and for prescribing
the construction of magazines or buildings in which any quantity
greater than twenty-five pounds may be kept at one time, and
the walls or fences by which they shall l)o surrounded and the
distance thereof from such building, and the precautions which
shall b(; taken by persons entering any such magazine or
building, or conveying gimpowder to or from the same, or
along any road within th(? Mimicipality, and for compelling
the removal of any Gunpowder kept in any building or maga-
zine contrary to any such Hy-law, or for authorizing \\w remo-
val thereof by the oliicers of the Municipality,— and by any pg^j^j,,^
such By-law as aforesaid any such Municipality may impose

a penalty not exceeding fd'ly nor less than twenty dollars for
any offence against any such liy-law or any contravention
thereof, and may make such penalty payable for each day on
which any such ollenee or contravention shall be committed
or continue, and every such penalty shall be recoverable and
applied in the manner provided by the said Act, with regard
to other penallics imposed by Hy-laws of Municipal Councils;
Provided that nothing in this provision shall apply to any Gun- PfotIso^
powder or magazine belonging to Her Majesty.

SPECIAL. POWERS OF TOWV AND VILI-AOE COUNCILS.

S. After the |iaragra|)h twenty-seven of the twenty-eighth sect 28
section the following paragraph slmll be added, — amended.

" 28. The Municipal Coun(!il of any Town or Village may Foot-paths,
make By-laws for obliging the proprietors of lots to construct

Seotlon 80
amenilKi.

Erection of an
incorporated
Tillntfa not to
Uberkta the
Undinitflrom
taj munloipal
debts.

Cup. 29. L. C. Consul. Municipal Art omentkd. 2i Vicr.

and maintain foot-patliH, citlior of plaiik or of ntonc, in front
of their rcxiu'clivr |)r(i|M'rticK, and aJM) iindiTgroiimi diaioH und
otliur workit rt-qiiirt'd for iiiuintuining tlu; HtructH in pioper
order."

^:H^:(•Tlo^f or towns and vii.i.ArieH.

A. Section tliirty-»ix of llie said Act is lu-rehy aujendod by
tlie addition tiieieto of the following, an tlie Iwenty-Meeond,
twenly-lliird und twenty-fourth paragraphs thereof :

22. No erection of an incorporated village, pant or future,
whether ellecled by proclamation in orviiiiary eour«e or by any
BjK'cial Act, shall be held to have libinited, or Nhall liberate,
any hind therein from liability for any awsesamenl theretofore
legally imposed luid then due thereon, or by reaHon of any
indebtcdne«s whiitwoever theretofore incurred and then 8ubsiHt<
ing, of the |)urish or township from which 8uch village la dc*
tached ;

t
u
r
t

debt, to b«
paid by the
village, shall
be fixed.

How the pro- 23. The local rouncils of such parish or townnhip, and
portion of'euob of such village, respccMively, by nmluul agreement, muy
ascertain and fix the total amount for which the lands witliin
such village are so liable by reason of such indebtedness
of the parish or township; and in default of such agreement,
such total amount shall be taken and shall stan<l as fixed by
ihe values set upon the lands within the village and upon those
within the remainder of tin; parish or township respectively,
by tlie valuation roll of the parish or township then in force;
and the council of the parish or township may by suit rtieover
from that of the village such amount; an«l upon paynu'Ut by
th»' village to the parish or township, of sueh amount, whether
fixed by agreement or otherwise, the lands within sueh village
shall be wholly and for ever lib(-rat(!d from such liability ;

Division of 24. In like manner, if at the lime of sutth erection, the

Burplus funds, parish or townsliip has any surplus properly or funds, the
same may l)c divided between the parisii or township on the
one hand, and the village on the >lhcr, by nuitual agreement,
or in dt'fault of agreement shall l)e divided between them,
according to the rule in the foregoing paragraph luid down.

WI.NTKR ROADS.

Sect. 42 7. After the words " removal of the same," in the last lines

amended. but ont; of tin; first paragraph of the forty-second section, the

following words shall be inserted : " or declaring that the

parlies bound to keep up the roads shall take down and replace

such fences."

Wlnterroftds H. The eighth paragraph of the forty-second section is hereby
across the St. r,.pealcd und the following sul)stiluted thtrrefor : '• every such
Lawreuce. ^^^^^ across the St. Lawrence shall be traced out and main-

1861. L. C. Conanl. Municipal Act amended. Cap. 20. f.

tiiinnd nt the expcn^tn of nnd by tlin loral miinicinnliticn lying
along the St. Lnwrcnrc, nnd tliu nnid local municipnliticit iniiy
rocovor from the County ('ouncil. the cx|)cn»e« imMirre<l for
the rnniritnining of tlio Hitid romiN, upon prRncntntion of a
ct'rtiiifd Htatpmciit of micli cx^.cnscs by the Secrctary-Treusurer
of each siu-h Uwn\ inuniripalily."

IfRW PHOCJ'.a-Vr.RRAUX AND REPARTITIONS.

•. After the word " incctinpf," in the Inst line of the pcot. 40
thirtuenth parngraph of wotion forly-«ix, tli« following words nmended.
shall bu uddud : '* but if th(> dolcgatcn, no forming a tjuorunif unUot ibr
cannot ngreo upon tlu; choico of a I'rnsident, ihn St'crotnry- chairman of
Treasurer attending the mooting, after having written on as <le'«8»'««.
many tickets as thero nro dologatos prosont, the namoH of all
the said dolegutcH, (writing oiu; nnino on ouch tiokot,) nhall
ballot the said tickotn, and the dolugatu wIiuhc name is first
drawn Hliall bu the I'ri'sidont.

APFORTIOPIMR^fTS.

10. After paragraph seven of the forty-seventh section, the Beet. 47
following paragraph ihIiuII be uddud : amended.

'* S. Any proi'At-verbal made nmlr this Act may also bo Proeh-virM
amended, altered or explained by a liy-law of the Municipal ""*y ^.
Council ; provided that such amendment, alteration or ex- By?ii,f. '
planatlon bo demanded by some parly interowted, and that
public notice of the passing of siicli liy-law has beim previously "*' '**'
given; and in case any such lly-law be passed, it shall be Rogistratloa
the duty of the Secretary-Treasurer to rcyislor it in the same of By-law.
Uoads Register in which the proriiX'Vnbul to whicili it relates
is registered, and to nolo on the page which contains such
prods-verbal y the fact tiiat such prodx-verbid is aiiutnded,
altered or explained by a IJy-iaw entered ut such a page.

PUBLlr WORKS MADK BY ANSKSSMKXT.

II. All the words in the first paragraph of the fifty-third Sect. 53
section, after the word " llunlingdon" in the third line of the ^"'"^i^^^^y^Jj
said paragraph, as far as, but not including, the word ♦* and" in Bagot.
in the fourth line of the said paragraph, shall be struck out and
shall be deemed to have never bt>en inserted, so as to place
the Local Municipalities in the County of Bagot, composed of
townships or parts of townships, on the same footing as other
Municipalities which wore not specially mentioned in the said
section, and to the end that the said Municipalities may be
deemed to have only been subject to the provisions of the
second paragraph of the said fifty-third section of the said Act.

19. The said first paragraph of the said fifty-third section seot.63
shall be further amended by striking out all the words after amended.!

Cap. 29. L. C. Consol. Municipal Act amended. 24 Vict.

Payment of
assessments in
labour.

Certain para.
ef sect. 53,
repealed.

Sect Sfi,
amended.

Theaame.

•' next," in the eighth line thereof, and substituting the follow-
ing : *' be made and maintained by moneys to be raised for that
purpose by assessment ; provided, iiowever, that the Councils
of any of the local Municipalities above mentioned may at any
time pass a By-law enacting that it shall be at the option of
the parties whose properties shall have been assessed for the
purposes above mentioned, either to pay the amoiuit of such
assessment in money or to compound therefor by the contribu-
tion of labor to the amount for which they are liable ; and such
By-law shall fix a scale or tariff' of prices, in conformity with
which the amount of labor to be performed in composition for
the said assessment shall be calculated and ascertained."

13. The eleventh, twelfth, thirteentli and fourteenth para>
graphs of the said iifty-third section arc hereby repealed.

VALUATORS AND VALUATION.

14. Instead of the words " within two months after the date
of their appointment," in the first paragraph of the fifty-sixth
section, the following words shall be substituted : " in the
montli of March or of April of the year appointed by this Act
for nuking tiie Valuation Roll."

1(5. Instead of the words " within two months from the date
of their appointment," in the tenth paragraph of the fifty-sixth
section, (lie following words shall be substituted : " in the month
of March or of April""

^y^ .

SALES OF PROPERTY.

Seett 61
amended.

Form of deed
of Bale of SCO-
cage lands for
taxes.

10. After paragraph fifteen of the sixty-first section the fol-
lowing paragraph shall be added :

" 16. Such deed of sale of lands in free and common soo-
cage may be in the following form :

Province of Canada, )
County of . )

These are to witness, that in consideration of the sum of

, |)aid to 'he Secretary-Treasurer of the Municipal
Council of tlie County of , by , being

the purchaser at Public Auction of the parcel or tract of land
hereinafter mentioned, sold by such Secretary-Treasurer to pay
assessments, on the day of ,

in the year of our Lord, one thousand eight hundred and
, according to the law in that behalf, the said
corporation of the County of , dotli grant, bargain

and sell, confirm and convey unto the said , his

heirs and assigns for ever, all and singular that parcel or tract
of land situate in the of , in the said

low-
that
acils
any
>n of
r the
Buch
:ibu-
such
with
1 for

»ara-

1861. L. C. Consol. Municipal Act amended. Cap. 29.

County of , {insert here a description of the

property) ; To have and to hold the premises hereby sold and
conveyed, with their and every of their appurtenances, unto
and to use of the said , his heirs and assigns for

ever.

In witness whereof, I , Secretary Treasurer of

the Municipal Council of the said County of
have hereunto set niy hand and affixed the seal of the said

corporation, this

day of

of our Lord, one thousand eight hundred and

Signed, sealed and delivered ]
in the presence of J

, in the year

A. B.
CD.

date

ixth

the

Act

date
ixth
3nth

fol-

soo-

Secretary-Treasurer.

PENALTIES.

17. Instead of the words " twelve dollars," in the ninth Sect 62
\^ _ paragraph of the sixty-second section, the words " from one to "mended.

ten dollars," shall be suljslituted.

RECOVERY OF PENALTIES, TAXES, &C.

18. After the words " such suit as aforesaid shall,'* in the Sect. 63
eighth paragraph of the sixty-third section, the following words amended,
shall be inserted, — " unk-ss it is otherwise provided in this
Act."

SUITS UNDER THIS ACT, DECLARATORY, TEMPORARY AND SPECIAL

PROVISIONS.

10. The fourth subsection of the sixty-fourth section of the Sect. 6V
said Act is hereby so amended as to read as follows, and shall amended
be interpreted and applied as if it had been originally so
enacted :

ipal
;ing
and
pay

»
and
said
|[ain
his
ract
said

"4. That according to the true intent and meaning of the
said Act, of the Acts amending tlie same, and of this Act, no
lot, in respect of which any such work shall be so performed,
or materials furnished as aforesaid can hereafter be legally sold
for the recovery of the value of any such work or materials,
unless the person bound to perform or furnish the same shall
have been specially notified and required to perform such
work, or furnish such materials, or unless judgment had, or
shall have been obtained against him for the amount of such
value ; and no person bound to make or repair any front road,
shall be liable to any suit or action in respect of the making or
maintaining of such front road except for the penalties im-

In what coses
only land can
be Bold for
work done in
default of

owner.

To what pe-
nalty only
persons are

Cap. 29. L. C. Consol. Municipal Act amended. 24 View.

liable for not posed by the fifty-eighth section of the said Lower Canada
doing work on Municipal and Road Act, and no part of the property of any such
front roads, pgrgon shall be liable to seizure or sale on account of big
default to make or maintain any such road, unless he shall
have been specially notified and required, by an Inspector or
Overseer of Koads, or some other Municipal Officer, to perforin
such work and furnish such materials."

Par. added to SO. The following provision shall be added to paragraph
par. 10 of sect, ten of the said sixty-fourth section :

" Suits for rates, taxes, or fines, against non-residents, may
be instituted either within the limits of the Municipality in
which they shall have been imposed, or in any court of justice
having competent jurisdiction,"

.EXECUTION or JUDGMENTS AGAINST MUNICIPALITIES.

Sect. 66 31. After paragraph four of the sixty-fifth section the fol-

amended. lowing paragraphs shall be added :

Provision if ^' ^"^ '^ there be no valuation roll then in force for the
tliere be no municipality, the Sherili" may recjuire the valuators to make one,
valuation rolL •which they shall be bound to do within two months after such
requisition,™and if there be no valuators or if the valuators do
not make the valuation roll witliin the delay aforesaid, the
SherilF may inform the Governor of the fuet by letter to the Pro-
vincial Secretary, staling also that he has a judgment to execute
against the municipality, and the Governor may then appoint
valuators for such municipality, who shall make a valuation
roll for the same within two months after being required by the
Sheriff so to do ;

If there were
Yaluatorii.

If there were
none.

6. And if there are valuators for the mnnicipality but they
do not make the valuation roll within the delay aforesaid, then
the valuators to be appointed by the Governor shall make it at
the cost of the valuators in default, as provided in like cases by
this Act ; but if there were no valuators, then the valuators ap-
pointed by the Governor shall make the valuation roll at the
cost of the municipality ;

CoBta. 7. Any costs incurred by the Sheriff in carrying the two

next preceding paragraphs into efiect, shall form part of his
disbursements in the case and be levied accordingly.

APPEALS, FROM LOCAL TO COUNTY COUNCILS.

Sect 66 9a. After the word " petition " in the last line of the first

ftmended. paragraph of the sixty-sixth sectioii, the following words shall
County Cocn- be added, — " but it shall, nevertheless, be lawful for the County
*'**^y dig- Council of any of the Counties mentioned in the first paragraph
of the fifty-third section of this Act, to revise and amend a

1861. L. C. Conaol. Municipal Acl amended. Cap. 29.

Valnation-RoU ov Prncda- Verba/, or to amend or disallow a allow Roll or
By-law, at any one of its quarterly sittings, notwithstanding ■''•-^- at ita
any provision to tlie contrary, and the notices shall in such ^utinga!^
case be given accordingly :"

2. The eightli paragraph of the said sixty-sixth section is Par. 8 of s. 66,
repealed. repealed.

LOCAlilTIKS DKCLARED TO UK MUNICIPALITIES.

S3. Whereas the tracts of land hereinfift(T mentioned were, Recital,
by Proclamation nnder the Great Seal of this Province, bearing
date the eighteenth day of June, in the year of our Lord one
thousand eight hundred and forty-five, issued under the autho-
rity of the Act |)assed in the eighth year of Her Majesty's reign,
and chaptered forty, declared to be and constituted iimnicipa-
lities under the said Act ; and whereas the inhabitants of the
said tracts have held the same to be municipalities under the
provisions of the Lower Canada Municipal and Road Act of
1855, and under the said Lower Canada Consolidated Muni-
cipal Act now in force, and have elected municipal councillors
and otherwise acted under the said Acts as local municipal
corporations ; and whereas doubts have arisen whether the
said tracts did constitute local municipalities, inasmuch as
they were not strictly townships nor parishes, and it is expe-
dient to reiii()v<' the said donl)ts and to conliini the said tracts
as \oc.;\\ municipalities : Therefore, it is declared and enacted
as follows :

1. The tract of land which, at the date of the Proclamation Grand River.
last above mentioned, formed and comprised the Seig-
niory of Grand River, in the county of Gaspe, is and shall be a

local rminicipality, by the niune of the Municipality of Grand
River ;

2. The traetof land which, at the dateofthesaid Proclamation, Pabosand
formed and ct»mprised the Seigniory of Pabos and Township Newport,
of N'jwport, both in the sai<l County of (Jaspe, is and shall be

a local Municipality, by the name of the Municipality of
Newport :

3. The tract of land which, at the date of the said Proclamation, Shoolbred and
formed and comprised part of the Seigniory of Shoolbred, and Nouvelle.
the Township of Nonveile, in the county of Bonaventnre, is

and shall be a local municipality, by the name of the Munici-
pality of Shoolbred ;

4. The said tratits of land shall be held to have been local Thesaidtraots
municipalities from the time of « he coming into force of the ^•'"lared Mu-
Lower Canada Municipal and Road Act of 1855, and shall '"^"Palitios-
continue to be sucli for all the purposes of the Lower Canada
Consolidated Municipal Act, as if they were Township Muni-

Cap, 20. L. C. Coiisol. Municipal Act amended. 24 Vict.

cipalitics, and iheir limits as such shall not be aflicti-d by the
erection ot" any parish or parishes nnule, or hereal'lcr to be
made, except only in so far as any parish or part of a parish
may, under the provisions of the Act last cited, be annexed to
either of the said municipalities ; and every l)y-la\v of either
of such local municipalities, and every act done by either of
tiiem, shall l)e good and valid, provided it would have been
good and valid if made or done by any other township
municipality.

Village of St. 24. The tract of land designated in a Proclamation in-
J**° '^"P'iste, serted in the number of 'J'/ie Canada (razelle, published by au-
** """■' ■ thority, underdateof the liflhday of January, one thousand eight
hundred and sixly-one, as b«'ing inleiidi d to form a separate
municipality after the first day oi January then next, under the
name of the Corporation of the Villaye t)f Saint Jean IJaptiste,
shall be detached from the municipality of the Village of C6te
Saint Louis, and shall form a distinct and separate municipality
under the name iil'oresaid, frt)m and afier tin; passing of this
Act; and the elections of municipal councillors of Ihe said
Corporation of the Village of Saint Jean l}:lpti^te may be
had in the manner provith d by law, on the si'venteenth day of
the month of June, in the present year, one thousand eight
hundred and sixty-one, in accordance with ihe twenty-first
paragraph of the tliirty-sixlh section of the said Act.

Municipality
of Whitton,
constituted.

ij«». The townships of Whitton, Hampden and Marston, in
the county of Com|)lon, shall be disunited frtim the Munici*
paiity of Bury, for municipal purposes, and the said townships
of VVhiuon, Hampden and Marsion shall together, from and
after the passing of this Act, form a separate local nnmicipality
to be called the Municipality of Whitton ; and the first election
for the choice of Councillors for the said Municipality ol
Whitton may be held on the second Tuesday in June or any
subsequent day previous to the second Tuesday in January,
one thousand eight hundred and sixty-two, of which tlue notice
shall have been given, and notwithstanding their union hereby
enacted, the said townships of Marston and Hampden, or
either of them, whenever they, or either of them, shall have
the requisite jjopulation, may be di'tached therefiom in the
ordinary course.

Hnnioipality So. Whereas ever since the year one tliousand eight hun-
*' Ste* Adfele, di(;(] and fifty-five, there has existed dc facto a Municipal
oon rme . Corporation in the Counties of Terrebtmne and Montcalm, under
the name of " 'J'he Municipidity of the Tarish of Ste. Adele,"
which has exercisetl exclusive municipal jurisdiction and
authority over the following tract of land, that is to say ; — 1.
The ninth, tenth and eleven'.h Ranges of tli(! Township of
Abercrombie ; 2. All that part of the Cole St. Gabriel, in the
continuation of the Seigniory of Mille Fsles, west of the Riviere
a Simon, which is not comprised within the tract known as

1861. L. C. Consol. Municipal Act amended. Cap. 29. ]3

tlie Parish of St. Sauveiir, the said part comprising nine lots;

3. The first, second, tiiird, fourth, fifth and sixMi Ranges of tlie
Township of Morin, which are in tlie County of Teriehonne,
and the tenth and eleventli Ranges of the said Township of
Morin, from number one to number twenty-five, both in'-hisive ;

4. Tiie first ton lots of each of the eh;vun Ranges of the Town-
ship of Wexford, in llie County of Montcalm ; — And whereas
doubts have arisen whether a Parish Municipality really
existed within the said limits, — therefore it is hereby declared
and enacted, that the Municipality of the Parish of Ste. Adele,
in the Counties of Terrebonne and Monloalm, comprising the
tract of land above described, is and shall be held to have
been a Municipality legally established, notwithstanding that
a small portion thereof lies within the County of Montcalm ;
and all By-laws, acts and proceedings of the said Municipality
are and shall be valid, and the Mayor, Councillors, Secretary-
Treashrer and Olficers of the Municipality, shall be held to
have been validly elected and appointed, as if no such doubt
as aforesaid had existed :

2. That part of the Township of Wexford, in the County of As to port of
Montcalm, which forms part of the said Municipality, shall be ^wn8hin)of
held to form |>art of the County and Oisirict of 'lerre bonne, for ** ** '
Municipal purposes only, and as regards tiii- jurisdiction of the

Courts in Munici|*al matters only ; but shall lor all other purposes
remain part of the County of Montcalm and of the District of
Joliette ;

3. The remainder of the Township of Morin, which lies in Astopartof
the County of Terrebonne and the Township of Bcresford, tA\a\\ township of
continue to be annexed to the said Municipality of the Parish **""'

of Ste. Adole, until tliey shall be legally sej)aruted from it.

jassingof this Act, the territory which, Part of parish
L liuiits of the city of St. Hyacinth, is cSo&e

S7. From and after the p;
being without the present iimiis oi irie eiiy oi ai. iiyacmui, is cinth outside
included within the present limits of the parish of St. Hya- theCitjrtob«»
cintlie le Confesseur, and is situated partly in the county of Municipality.
St. Hyacinth and partly in the county of Bagot, is hereby
declared to form a separate and distinct Munici|)ality under
the name of ihe Mimicipality of the parish of St. Ilyacinthe le
Coiifesseur, and the elections of Municipal Councillors for the
said Municipality shall be held in tiio manner provided by '

law, on the seventeenth day of June, one thousand eight
hundred and sixty-one, in conformity with the twenty-first
paragraph of the thirty-sixth section of the said Act ; but any
tax or rate now due shall be payable to the Municipality which
shiiU hove imposed such, in the same manner as though the
Municipality constituted by this section had never been
erected, and the said Municipality hereby erected shall, for
Municipal purposes, be attached to the county of St. Hyacinth.

United town-
ships of New-
port, Ditton,
Chcsbam,
Clinton and
AulilAnd, de-
clared a Mu-
nicipality.

Cap. 29.

L. C. Consol. Mun. Ad amended.

21 Vict.

JIfi. Wlicreas doubts have rxisti'd as to llie legality of the
organization of the United TownMJiips of Newport, Ditton,
Chesham, Clinton and Auldand, in the Counties of Coinpton
and Beauce, as a local miinieipaiily ; it is declared that the
said Townships, since the date of liieir Election of a local
Council, in the month of July, eighteen hundred and fifty-five,
as such municipality, have been and are such municipality
legally orga lized by the name of the Corporation of the United
Townships of Newport, Ditton, Chesham, Clinton and Auk-
land ; And all liy-laws, acts and proceedings of the Council
and officers thereof, being otherwise legal and regular, have
been and are hereby declared to be legal as the By-laws, acts
and proceedings of* tiie Council and oilicers of a duly consti-
tuted local municipality, and the said Townships may here-
after be separated in the ordinary way under tne provisions of
the Act hereby amended.

99. No proceedings heretofore taken or had under the said
Act, shall be invalid by reason of the public notice referred to
in the sixth section of the said Act, not having been published
as therein provided, in the English and French languages.

INTERPRETATION.

Interpretation
«f thid Act.

Oitation of the
Act amcnde<l,
to include this
Act,

80. In this Act the sections referred to are those of the
Lower Canada Consolidated Municipal Act, — the paragraphs
referred to are the paragraphs or sub-sections of the said Act, —
and the lines are tho;<e in tiie first official edition of the Con-
solidated Statutes for Lower Canada ; and this Act shall be
construed as one Act with the Lower Canada Consolidated
Municipal Act, and any citation of or reference to the " Lower
Canada Consolidated Municipal Act," hereafter made, shall
mean the said Act as amended by this Act.

PIUNTED CV STEWART UERBIsniRE & GEORGE DESBARATS,
Law Priuter to tlie Quevu's Muit Excellent Majesty.

ANALYTICAL INDEX.

^'-*_-Vrf~W"v^'i>^- "^

Seot.

Page.

2.
3.

Preamble 3

Section i7 nroemled 3

Provision in case of the death of a

Warden 3

Paragraph 8 of section 22, repealed 3

Section 24 amended 3

Municipal Councils may license

carters 3

Effect of such license 4

Section 27 amended 4

Loail Councils may pass Dy-laws

for certain purposes 4

Preventing sale of liquors on Sun-
days 4

Suppressing cruel amusements ... 4
SuppresHJng horse racing, &c., on

Sunday 4

Taxing race-courses 4

Councils may prosecute persons
selling without license, in place

of the Revenue Inspector 6

May pa.s9 By-laws respecting the
storage and carting of gun-
powder 5

Penalties 5

Proviso 5

Section 28 amended 5

Foot-paths r>

Section 'Mi amended

Erection of an incorporated vil-
lage not to liberate the land in
it from any municipal debts. . . C
How the proportion of such debt,
to be paid by the village, shall

be fixed

Division of surplus funds 6

Section 42 amended 6

Winter roads across the St. Law-
rence 6

Section 4() amended

Ballot for Chairman of delegates.

Section 47 amendc<l.

J^roch-verbal may be amended by

By-law

Proviso

Regiijtration of By-law

Section 5'5 amended ns to municipal-
ities in Bagot

Section 53 amended

Payment of assessments in labour
13> Certain paragraph of section C3, re-
pealed

7.
8.

10.

11.
12.

Sect
14.
15.
16.

17.

\H.
1!).

20.

21.

22.

23.

24.
25.
2C.

27,
28.
30.

Pago.

Section 56 amended 8

The same 8

Section fi I amended 8

Form of deed of sale of soccage

lands for taxes 8

Section 62 amended 9

Section 63 amended 9

Section 64 amended 9

In what cases only land can be
sold for work (lone in default

of owner 9

To what penalty only persons are
liable for not doing work on

front roads 9-10

Paragraph added to paragraph 10 of

section 64. 10

Section 66 amended 10

Provision if there bo no valuation

roll 10

If there were Valuators 10

If there were none 10

Costs 10

Section 66 amended 10

County Councils may amend or
di.sallow Roll or Proctfs-verbal

at its quarterly sittings 10-11

Paragraph 8 of section 66, re-
pealed 11

Recital II

Grand River 11

I'abos and Newport 11

Shoolbrcd and Nouvelle 11

The said tracts declared Munici-
palities 11

Village of St. Jean Baptiste, con-
firmed 12

Municipality of Whitton, constitu-
ted 12

Municipality of Ste. Ad61e, con-
firmed 12

As to part of township of Wex-
ford 13

As to part of township of Morin . . 13
Part of parish of St Hyacinth out-
side the City to be a Munici-
pality 13

United townships of Newport, Dit-
ton, Ohesham, Clinton and Auk-
land, declared a Municipality. 14

Interpretation of this Act 14

Citation of the Act imonded, to
include this Act 14