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Tha tot Thi poi ofl filnr Orii bafl the sioi oth firs sioi or I Thf sha TIN whi Mai diff enti bad rigl raq me 10X 14X 18X 22X 26X 30X y 12X lex 20X 24X 28X 32X The copy filmed here hee been reproduced thenke to the generosity of: Library of the Pubiic Archive* of Canada The images appearing here are the beet quelity possible considering the condition and legibility of the original copy and in Iceeping with the filming contract specifications. Originel copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the beck cover when appropriate. All other original copies are filmed beginning on the first page with a printed or iliustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shell contain the symbol -^ (meaning "CON- TINUED"), or the symbol y (meaning "END"), whichever epplies. 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Tous les autres exemplaires originaux sont filmte nn commencant par la premlAre pege qui comporte une empreinte d'impression ou d'illustrstion et en terminant par la dernlAre page qui comporte une telle empreinte. Un des symboles suivants apparattra sur la dernlAre image de cheque microfiche, selon le ces: le symbols — ► signifie "A SUIVRE", le symbols ▼ signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre filmAs A des taux de reduction diffirents. Lorsque le document est trop grand pour Atre reproduit en un seul clich6, 11 est filmA A partir de I'angle sup6rieur gauche, de gauche A droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 32X U..A.:... L,: » ^ M 4 5 6 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 Saturlhcr, 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 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 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.! 8 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- I 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 9^ 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 10 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. n 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 saiart 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. 14 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^- "^ Seot. Page. 2. 3. 4. 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 Certain paragraph of section C3, re- pealed 6. 7. 8. 9. 10. 11. 12. f) 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