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Tous les autres exemplaires originaux sont iitm^ en commenpant par la premiere page qui comporte une empreinta d'impression ou dlNustration et en terminant par la derniire page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de chaque microfiche, selon le cas: le symbols — ^ signifie "A SUIVRE". le symbols V signifie "FIN". Les cartes, plancfies. tableaux, etc.. peuvent dtre filmte A des taux de rMuction diffArents. Lorsque le document est trop grand pour fttre reproduit en un seul clichA. il est film* A partir de Tangle sup^rieur gauche, de gauche A droite, et de haut en bas. en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrant la m^hode. rrata to pelure, 1 d D 32X 1 2 3 1 2 3 4 5 6 i PE MUNICIPAL CODE or THl PROVINCE OF QUEBEC. a w; UFFIC LI JUDGE ifT MUNICIPAL CODE OF THB PROVINCE OF QUEBEC, WITH NOTES OF ALL THE AMENDMENTS THERETO AND DECISIONS THEREON. AND AN APPENDIX C02JTAINING EXTRACTS FllOM THE STATUTES, RELATING TO MUNRirAL < ORPORATIOXS AND THEIR OFFICERS, PUBLIC EDUCATION, PARLIAMENTARY ELECTIONS, LUNATIC ASYLUMS, Llf'ENCKS, AND THE TERRITORIAL DIVISION OF THE PROVINCE. BY M. MATHIEU, JUDtiE OF THB SUPERIOR COURT, D.C.L., AND PROFESSOR OF PROCEDURE AT LAVAL UNIVERSITY. JfRontrral : A. PERIARD, LAW BOOK PUBLISHER, 21, 23 AND 26 St. James Street. 1887. Ottawa. PREFACE. By sec. 92, sub. -sec. 8, of the British North America Act, 1867, (30 Vict., ch. 3), the exclusive right of legislation in all municipal matters is reserved to the Legislature of each Province. In accordance with this provision, the Legisla- ture of the Province of Quebec passed the Municipal Code on Dec. 24th, 1870, (S. of Q. of 1870, 34 Vict., ch. 68). The Code came into force on Nov. 2nd, 1871, by virtue of a proclamation dated Sept. 26th in the same year. The present work contains all the amendments to the Code entered up in their respective articles, with short notes of the decisions given by the Courts under the Code up to the present time. It has been thought advisable to add in aa appendix extracts from those Statutes which are specially connected with the duties of municipal corporations and their officers. It is hoped that this publication will prove useful to the profession and to the general public. LIST OF ABBREVIATIONS USED IN THE PRESENT WORK. A. J Assistant Judge. Amend Amended. Art Article. C. or Ch Chapter. C. C Civil Code or Circuit Court. C. S. C Consolidated Statutes of Canada. C. S. L. C Consolidated Statutes of Lower Canada. O. C. P Code of Civil Procedure. C. J Chief Justice. Diss Dissident. J Judge. J. J Judges. L. C. J Lower Canada Jurist. L. C. R Lower Canada Reports. L. N Legal News. M. L. R Montreal Law Reports. * M. C Municipal Code. P page. Q Quebec. Q. B. C Queen's Bench Court. — General duties of the secretary-treasurer. 45 Section II. — Of the auditors 51 ** III. — Of appointments by the lieutenant-gov- ernor 52 " IV. — Miscellaneous provisions 52 Chaptbb III. — Of persons bound to accept municipal offices and of those incapable of or exempt from discharging them 55 Section I. — Of persons bound to accept municipal o. offices 55 " II. — Of persons disqualified for municipal offices 55 ** . m. — Of persons exempt from municipal offices. 57 Chapter IV. — Op municipal notices 58 Section I. — General provisions 68 ** II. — Of special notices 60 ** III.— Of public notices 61 Chapter V. — Of the languages to be used in the COUNCIL AND IN MUNICIPAL PROCEEDINGS. 63 TITLE THIRD. — Particular rules applicable to COUNTY corporations 65 Chapter I. — Op the county council 6^ General provisions 65> Sei 32 32 36 35 3» 38 42 42 43 . 45 . 51 " 52 .. 52 55 55 55 • •• es. 57 •••• 58 • •!• • • •• • ••• 5& 60 61 "HE OS. 63 TO • ••t 65 •••• 65 65. TABLE or COMTEMTfl. IX Paob Section I. — Of the warden 0/^ *' II. — Of the iesflions of county oottnoils^ 66 ChAFTIR II. — Of COUNTY DBLIOATBB 67 Section I. — General provisions 67 ** II.— Of the board of delegates 6a Tf TLE FOURTH. — Rules common to bybst local MUNft- CIPAL CORPORATION 70 Chapter I. — Of thb local council 70 Section I. — General provisions 70 ** II. — Of persons disqualified from acting as councillors 71 ** III. — Of sessions of the council » 72 Chapter II. — Of municipal electors 73 Chapter III. — Elections of local councillors 73 Section I. — Time of holding general elections ; notice required therefor 73 ** II. — Of the oflicer presiding at the elections.. 75 ^' III. — Meeting of municipal electors 77 Chapter IV. — Appointment op local councillors by the LIEUTENANT-GOVERNOR 83 Chapter V. — Appointment of mayor 84 Chapter VI. — Vacancies in the local council 85 Section I. — Vacancies in the office of councillor 85 ** II. — Vacancies in the office of mayor 87 Chapter VIL — Contested appointments of mkmbers of the local council 88 Chapter VIII. — Of the officers of the local council. 97 General provisions 97 Section I. — Provisions specially applicable to the secretary-treasurer of the local council. 98 " IL— Of Valuators 100 ** III. — Of road inspectors 100 " IV.— Of rural inspectors 109 § I. — Public nuisances Ill § II. — Clearances > Ill § III. — Boundary ditches 113 § IV. — Boundary fences 114 Section V. — Of pound keepers 11& BOOK SECOND. POWERS OF MUNICIPAL COUNCILS. Page Preliminary provisions 120 TITLE FIRST.— Municipal by-laws 121 Chapter I. — General provisions 121 Chapter II. — By-laws within the jurisdiction op all municipal councils 123 Section I. — Government of the council and of its officers. 123 ** II. — Public works of the municipality 124 ** III. — Aid in the construction, improvement and maintenance of public works or under- takings, not belonging to the corpor- ation 125 •; ** IV. — Aid to colonisation, agriculture, horticul- • ture, arts and sciences 127 M" V. — Acquisition of property and public works. 128 *' VI.— Direct taxation 129 (t Yil, — Loans and issue of debentures 130 ** Vm. — Administration of corporation funds 132 ** IX. — Miscellaneous provisions 133 Chapter III. — By-laws sp'^cially within the jurisdic- tion OF COUNTY councils 135 Section I. — Chief-place 135 ** II. — Circuit court and registry office of the county 135 ' " IIL— Roads and Bridges 137 ** IV.— Fire in the woods 138 *' V. — indemnity to members of the council 138 wn of).— 40 Vict., ch. 47 ; 1886, 4»^ Vict., ch. 52. Fraserville (town of).— 1883. 46 Vict., ch. 80. Hochelaga (town of). — 46 Vict., ch. 82. Hull (city of).— 38 Vict., ch. 79 ; amend, by 39 Vict., ch. 49 ; 1879, 42-43 Vict., ch. 56 ; 46 Vict., ch. 79 ; 48 Vict., ch. 70. Iberville (town of).— 1859, 22 Vict., ch. 64 ; amend, by 34 Vict., ch. 40 ; 1880, 43-44 Vict., ch. 63 : 1886, 49s50 Vict., ch. 48. Joliette (town of).— 27 Vict., ch. 23 ; amend, by 39 Vict., ch. 47 ; 47 Vict., ch. 87. Lachine (town of) — 36 Vict., ch. 53 ; amend, by 38 Vict, ch. 78 : 1876, 40 Vict., ch. 27, s. 3 ; 45 Vict., ch. 104 ; 48 Vict., ch. 71. Lachute (town of).-^18 Vict., ch. 72. Laurentides (town of ).— 1883, 46 Vict., ch. 81. lAvi9 (town oi).— 36 Vict. ch. 60 ; amend, by 42-43 Vict, ch. 57. B MUNICIPAL CODE. Longueuil (town of).— 37 Vict., ch. 49 ; amend, by 39 Vict., ch. 46 : consolid. 44-46 Vict., ch. 75 ; amend, by 49-50 Vict.,ch. 47. Montmagny (town oO-— 1883, 46 Vict., ch. 81. Montreal (city of) — consolid. 37 VIct.,ch. 51 ; amend, by 38 Viet., ch. 73 ; 39 Vict , cii. 52 ; 41 Vict., ch. 27 ; 42-43 Vict., ch. 53-54 ; 43-44 Vict., ch. 61 ; 44-45 Vict., ch. 73 ; 46 Vict., ch. 78 ; 48 Vict., ch. 67. Hicolet (town of).— 1872, 36 Vict, ch. 52 ; amend, by 37 Vict., ch. 44 ; 42^43 Vict., ch. 63. Outremont (municipality of the village). — 1875, 38 Vict., ch. 70. Quebec (citj of).— consolid. 18 Vict., ch. 159; amend, by 19 Vict., ch. 5 and 69 ; 1858, 22 Vict., ch. 30 ; 1859, 22 Vict., ch. 63 ; 1862, 25 Vict.,, ch. 45 ; 1865, 29 Vict., ch. 57 ; 1866, 29 30 Vict., ch. 57 ; 1868, 31 Vict., ch. 33 ; 33 Vict., ch. 46 ; 1870, 35 Vict., ch. 33 ; 36 Vict., ch. 55 ; 37 Vict., ch. 50 ; 1875, 38 Vict., ch. 74 ; 1875, 39 Vict., ch. 51 ; 1876, 40 Vict., ch. 52 ; 1878, 41-42 Vict., ch. 14 ; 45 Vict , ch. 100. Richmond (town of).— 1882, 45 Vict., ch. 103 ; 1886, 49^ Vict., ch* 49. 8t, CurUgonde (Municipality of the village).— 1875, 39 Vict., ch. 36 ; 1876, 40 Viet., ch. 42 ; incorporated in town 1884, 47 Vict., ch. 90 ; 1886, 49-50 Vict., ch. 51. 8t, Germain de litmmiski (town of).— 1869, 32 Vict., oh. 71. St. Henri (town of).— 38 Vict., ch. 29 and 72 ; 1876, iO Vict., ch. 49 ; consolid. 42-43 Vict., ch. 58 ; 1886, 49-50 Vict., ch. 60. Si. Jean Baptiate (town of).— 1884, 47 Vict., ch. 89. . St. Jean (town of). -1858, 22 Vict., ch. 106 ; 31 Vict., ch. 49 ; 37 Vict., ch. 46 ; 39 Vict., ch.48 : consolid. 4344 Vict., ch. 62 ; amend, by 44-46 Vict., ch. 74. St. Hgacinthe (city of).— 1857, 20 Vict., ch. 131 ; amend. by 1863, 27 Vict., ch. 22 ; consolid. 1870, 34 Vict., ch. 39 ; 1876, 40 Vict., ch. 60. St. Louis du Mile End (municipality of the village of).— 1878, 41 Vict., ch. 29". St. Our8 (town of ).— 1866, 29-30 Vict., ch. 60. Sherbrooke (city of).— 1875, 39 Vict., ch. 50 ; amend, by 1876, 40 Vict., ch. 27, 8. 11 ; 1879, 4243 Vict., ch. 60 ; 47 Vict., ch. 84 ; 1885, 48 Vict., ch. 69. . Sorel (town of).— 23 Vict., ch. 75 ; amend, by 36 Vict., ch. 58 ; 42-43 Vict., ch. 69; 45 Vict., ch. 102; 47 Vict., ch. 85; 1885,48 Vict., ch. 68. Terrebimne (town of) — 1860, 23 Vict., ch. 76 ; amend, by 1872, 36 Vict., ch. 69. Three Rivers (city of). — consolid. 38 Vict., ch. 76 ; amend by 40 Vict., ch. 27. s. 2 and ch. 51 ; 1878, 41 Vict., ch. 30 : 1879, 42-43 Vict., ch. 55 ; 45 Vict., ch. 101 ; 1886, 49-50 Vict., ch. 46. Valley field (town of Salaberry de).— 37 Vict., ch. 48 ; amend, by 42-43 Vict., ch. 62 ; 1883, 46 Vict. ch. 83. VictoHaville (village of).— 23 Vict., ch. 77 ; 1861, 24 Vict., ch. 71 ; 1864, 27-28 Vict., ch. 65, s. 2. Waterloo (village of).-1857, 20 Vict., ch. 103. -fn.ll Tt^ 39 Vict., ch. jt.,ch. 47. id. by 38 Vict., St., ch. 63-64; 78 ; 48 Vict., i. by 37 Vict., i Vict., ch. 70. aniencl. by 19 Vict., ch. 63; !9 30 Vict., ch. ) Vict., ch. 33 ; !h. 74: 1875, 39 Bt., ch. 14; 45 86, 49-50 Vict., -1875, 39 Vict., Q 1884, 47 Vict., ^ict., ch. 71. 76, lOVict., ch. oh. 60. 89 Vict., ch. 49; 37 , ch. 62 ; amend. nmend. by 1863, J76, 40 Vict., oh. igeof).-1878,41 end. by 1876, 40 J Vict., ch. 84; {6Vict., ch. 58 ; ch. 85-1885,48 imend. by 1872, 76; amend by . 30 : 1879, 42-43 ch. 46. ' ch. 48 ; amend. ,24Vict.,ch.71; PRELIMINARY TITLE. 3 Town eorpora^iont general c2au«e« actt. 1876, Quebec, 40 Vict., ch. 29 ; 1878, 41-42 Vict., ch. 11 ; 1885, 48 Vict., ch. 66. Indication of the tpeeial Statutes of the Province of Quebec, in relation loith the erections of municipalities of village and parish, and with the divisions of counties and municipalities. Art habaska.— Vide Nicolet. Af/lmer. —Yide Hull. ^a^o^H^^e.— Erection into a separate municipality. 1875, Que- bec, 39 Vict., ch. 45. Beaumont,— This parish is detached from the ludicial district of Montmagny and is annexed to the district or Quebec. 1872, Quebec, 36 Vict., ch. 35. Bolton.— This township is erected into two distinct munici- palities for municipal and school purposes. 1876, Quebec, 40 Vict., ch. 45. ClMvlevoix.— Vide Saguenav. Chicoutimi.— This county is divided into two registration, divisions, to wit : Chicoutimi number one, and Chicoutimi num- ber two, and is separated from the county nf Saguenay for the purposes of agricultural societies. 1871, Quebec, 35 Vict, ch. 21. C'oj;.— This township is divided into two separate municipali- ties. 1876, Quebec, 40 Vict. , ch. 43. Doncaster.— This township is detached from the county of Montcalm and is annexed to the county of Terrebonne, for elec- toral, judicial, registration and all other purposes. 1883, Quebec, 46 Vict., ch. 36. JJorchester.-yide Levis. Drumm^md. — Vide Nicolet. Grandison.-This township is detached from the township of Argenteuil and is annexed to the county of Terrebonne. 1882, Quebec, 45 Vict., ch. 40. Hull.— The chef-lieu of the county of Ottawa is transferred from Aylmer to Hull. 1C72, Quebec, 36 Vict. , ch. 31. Lachine — (Parish of Saints Anges of) limits of. 1886, Quebec, |49-50 Vict., ch. 57. Laprairie.— An act to extend the limits of this village, etc. L886, Quebec, 49-50 Vict., ch. 58. Levis.— The regiHtration division of Dorchester number two is mnexed to the registration division of the county of Levis. 1872, Quebec, 86 Vict., ch. 32. L'Isle aux Li^vres .—This parish is detached from the county >f Charlevoix and is annexed to the county of Kamouraska. 1882, ■Quebec, 45 Vice, ch. 42. Malbaie.— This township is divided into two separate munici- >alities. 1876, Quebec, 40 Vict., ch. 44. Metgermette.-The township of Metgermette north is detached horn the county of Dorchester and is annexed to the county of leauce for all purposes whatsoever. 1883, Quebec, 46 Vict., ch. .Montcalm.— Taxt of this county is annexed to the county of rerre bonne, te wit : part of the township of Wexford, of the 4 MUNICIPAL CODE. parish of Saint Hyjpollte and of the townihlp of Kilkenny. 1872, Quebec, 86 Vict., on. 34. Montminy.—F&Tt of this township is detached from the county of Montmagny and is annexed to the county of Bellechasse for all purposes whatsoever. 1883, Quebec, 46 Vict., ch. 37. MieoleU—VwttA of certain parishes situated in the counties of Nicolet. Arthabaska and Drunimond, are annexed to the county of Nicolet. 1878, Quebec, 41 Vict., ch. 26. Ottotra.— Division of the district of Ottawa into two judicial dis- trictSf one to comprise the county of Ottawa and to be called the district of Ottawa, and the other to comprise the county of Pontiac and to be called the district of Pontiac. 1880, Quebec, 43-44 Vict., ch. 7. Tliese two districts have been joined again by the Statute of 1886., ch. 96. Pointe au Pic,- Erection into separate municipality of village. 1876, Quebec, 40 Vict., ch. 46. /•on^iac— Vide Ottawa. JReptntigny.— Three islands situated in the St. Lawrence river and formuig formerly part of the parith of Varcnues are now annexed to the parish of Kepentigny, county of I'Assomption. 1882, Quebec, 46 Vict., ch. 44. Saguenay —Act to establish a registration office in Tadousac for tne county oi Saguenay, and to d tach the latter from the first registration division of the county of Charlevoix. 18d6, Quebec, 49-50 Vict., ch. 24. Salab€rry.—'X!hi& township is detached from the county of Argeuteuil and is annexed to the county of Terrebonne. 1882, Quebec, 45 Vict., ch. 40. Sainte Barbe (parish of ).— Boundaries of the parish. 1886, Que- bec, 49-50 Vict. , ch- 59. Saint Banaventure. —Thia parish is detached from the county of Drummond and the district of Arthabaska and is annexed to the county of Yamaska and the district of Bichelieu. 1872, Que* bee, 36 Vict., ch. 37. Saint Edward of Stoneham.—l?axt of this parish is annexed to the municipalitv of the united townships of Stoneham and Tewkesbury. 1881, Quebec, 44-45 Vict., ch. 32. Saint ElpUge (parish of). -1886, Quebec, 49-50 Vict.^ ch. 54. Saint Eugkne. — Tliis parish is erected into a municipality and is annexed to the county of Drummond. 1879, Quebec, 42-43 Vict., ch. 45. Saint Filix du Cap Rouge .—Fwl of this parish is detached from the county of Portneuf and is annexed to the county of Quebec. 1872, Quebec, 36 Vict.,ch. 36. Saint Frideric—F&rt of that parish is detached from the county of Drummond and is annexed to the county of Sainte Glotilde de Uorton, in the county of Arthabaska. 1883, Quebec, 46 Vict., ch. 38. Saint Gabriel (village of).— To annex it to Montreal. 1886, Quebec, 49-50 Vict., ch. 53. Saint Gabriel de Brandon.— The part of this parish whfch has been formerly annexed to Saint Didace is now annexed to tbe county of Maskinong^. 1880, Quebec, 43-44 Vict., ch. 36, PRELIMINARY TITLE. Ikenny. 1872, 9. The territory subject to the provisions of the municipal code is divided into county municipalities. (1). County municipalities include country, village or to'Vfn municipalities. (2). lity of village. ish. 1886, Que- [ontreal. 1886, Saint Origoire de Naziance of Buckingham .-^Erection as a civil parish. S. of Q. 1885, 48Vict., ch. 38. Saint Guillaume d* Upton — ^This parish is detached from the county of Drummond and district of Arthabaska and is annexed to the county of Yaraaska, and district of Kichelieu. 1872, Quebec 36 Vict., ch. 37. Saint Hypolite.— Part of this parish is annexed to the parish of Saint Gainille. 1880, Quebec, 43-44 Vict., ch. 34. Saint Janvier qf Weedon,— Erection of the village of. 1S86, Quebec, 40-60 Vict., ch. 56, Saint Jean Baptiste of Quebec— 1886, 49-50 Vict., ch. 44. Saint Joseph of Chambly .--Vvtxt of this parish is annexed to the parish of Saint Luc, county of Saint John. 1880, Quebec, 43-44 Vict., ch. 35. Saint />>ui«.— This parish is erected into a municipality and is annexed to the county of Kichelieu. 1881, Quebec, 44-45 Vict., ch. 33. Sain'e Marie of Blanford.—he&ve to erect this parish into a parish municipality. 1871, Quebec, 35 Vict., ch. 20. Sainte Marte Madeleine.— ']^\i\A parish is erected as a munici- pality and is annexed to the county of Saint Hyacinthe. 1879, Quebec, 42-43 Vict., ch. 41. Sainte Rose,— Part of the municipality of that parish is annexed to the municipality of ttie village of Sainte Rose for municipal and school purposes. 1878. Quebec, 41 Vict., ch. 25. Saint Samuel.— Part of that parisli is detached from the [county of Nicolet and is annexed to the parish of Sainte Clotilde of Horton in the county of Arthabaska. 1883, Quebec, 46 Vict., ' ch. 38. Saint Sauveur of Quebec— V.xten»ion of rowers of the muni- [ cipality of that parish. 1875, Quebec, 38 Vict., ch. 75. TVKfousoc.— Establishment of a registration office in. 1886, [Quebec, 49-50 Vict., ch. 24. Templeton (township of). — Division in two municipalitieB. |1886, Quebec, 49-50 Vict., ch. 56. Varennes. — Vide Kepentieny. Wolfe.— This township is detached from the county of Argen- mil and is annexed to the county of Terrebonne. 1862, Quebec, 15 Vict., ch. 40. Yamaska.-To permit the county council to erect a certain ter- itory as a distinct municipality. S. of Q. 1872, 36 Vict., ch. 40. (1). The province is divided into seventy-seven county munid- »litl<»8 which are described in the act concerning the territorial 'ivision of the province, reproduced in the appendix. (2). The cities of Montreal, Hull, Quebec, Sherbrooke, St. ii^riJSii • IIUKIOIPAL CODE. S. The inhabitants and the rate-payers of every county, country, village, and town municipality form a corporation or body politic, known, as the case maybe, as "The Corpora- tion of or of the {innerting here the name of the municipality at given in the Jir»t title ofthefirtt hook of thi» code, without the worda * municipality of or of the." 4« Every such corporation, under its corporate name, has perpetual succession, and may : 1. Acquire real or personal property by purchase, donation devise, oi- otherwise, and hold and enjoy or alienate the same; 2. Enter into contracts, (1) transact, (2) bind and oblige itself and others to itself within the limits of its functions. Hyacinthe and Three Rivers have been erected an corporations by special act, and do not form parts of county municipalities, and also the towns of Lachute, Beauharnois, Salabt'rry of Valleyfield, Berthier, Longueuil,Chicoutinii,St. CunegondP.St. Henri,Maison- iieuve. Iberville, Lacliine, JoliettP, Laurentides, Levis, FHrn- ham, Montmagny, Nicolet, Sorel, St. Our8,Uichmond,St. Germain of Uiinouski, St. John, Fraserville and Terrebonne (1). In De belief aille et al. vs. The Municipality of the village of St. Louis of the Mile Endj S.C, Montreal, 30th November, 1880, Johnson. J., & Papineau, J.. 25 L. C. J., p. 18 and 4 L. N. p., 42. It has been held that municipal corporations aro liable for services rendered in procuring their act of incor- poration. Ukld in the same sense S. G. R., Montreal, 30th June, 1886, Torrancef J., Buclianan, J., Mathiett, J., afflnningthe judgment of the Superior Court, 1st March) 1886, Simon. J., 14 H. L., p. in re. No. 618, Archambault vs. La Corporation de la ville des Laur rentides*. In Martin vs. T?ie City of Hull et al., S. C, Montreal, 7th Decem- ber, 1878, Rainville, «!., 10 R. L., p, 232, it has been held that municipal corporations cannot accept bills of exchange nor make negociable promissory notes, if they are not specially authorized by law. The contrary has been decided in the case of La Corpo- ration of the township of Oranthan and Couture et al., Q. B. C, Montreal, 16th September, 1879, Dorian, C. J., Monk, J., Kamsay, J., Tessier, J., Cross, J., 10 R. L., p. 186 and 24 J., p. 105. See note under art. 492. An action for libel, resulting from a resolution, may be brought against a municipal corporation, for, by art. 356 €■ C, a body politic is regulated by the Civil Code in its relations with the other members of the community individually. Brown vs. The Corporation of Montreal, S. C, Montreal, 30th September, 1871, Beaudry, J., 1 R. C., p. 475, and 17 L. C. J., p. 46. (2) In Bachand vs. The C'Orporation of St. Theodore d' Acton, S. C, St. Hyacinthe , lOtli October 1870, Sicotte, J., 2 R. L., p. 825, it has been decided that municipal corporations may trans- act. PRBLIMINART TITLE. 3. Sae and bo soed Id any cauio and before any Court of justice ; (1) 4. And generally exercise all the powers vested in it or which are necessary for the accomplishment uf the duties imposed upon it. 6. (Added htf S. of Q. 1878,41-42 Viet., c. 10,-». 1 .) [To have a seal, of which, however, the use shall not be obligatory] 5. By-laws, resolutions, pmcis-verbaux or actu of appor- tionment of municipal roads, bridges or water-courses, rolls, lists, and generally all orders, respecting municipal matters in force at the time of the promulgation of this code, re- main in force within the territorial divisions for which they were made, until repealed, amended or annulled under the authority of this code, save in special cases otherwise pnjvided for. (2) They are subject to the application of articles 100, 461, 698, and those thereunto following ; but the prescription of (1) In Duprcu et al. , vs. The Corporation of the village of Hoche- laga, H. C, Montreal. 30th June, 1881, Papineau, J., 12 R. L., p. 35, it has been held that a municipal corporation has no right to the notice mentioned in the article 22 C. C. P. See, in the same iense, S. C. R., Montreal, 20th November, 1873, Johnson, J,, Mac- kay,J.. Beauaty,J.. BainvB. The Corporation of Qranhy , b Yt.. L., p. 180 and 18L.C. J., p. 182, S.C., Quebec, 8th November, 1876, Uorion, J., Belle vs. The Corporation of Quebec, 2Q. L. R., p. 305 ; Q. B. C, Otteftcc, 20th March, 1873, Buval, C.J», Drummond, J., Undgley, J., Monk, J., Dorion vs. The Corporation of the parish of St. Joseph, 17 L.C. J., p. 193. See in the contrary, S.C.R., Quebec, ttth November, 1871, Meredith, C. J., Stuart, J. (diss.) and Taschereau, J., Craig vs. The Corporation of Leeds, 2 R. C.,p. 110. In Duvemay vs. The Corporation of St. Barthelemy, Q. B. C, Montreal, 9th June, 1868. Duval, C.J. , Ay Iwin, J., Caron,,h, Bculg- ley and Johnson, J., 1 R. L.. p. 714, it has been held tliat an advocate acting for a municipal corporation is not bound to produce a rest lution of the council which authorizes him. An action has been brought under the name of The Corporation of Ste. Marguerite. The defendant demurred that he could not be condemned because the plaiiititf was not exlstine. The action was dismissed. Magistrate's Court, Ste. Jirome, April, 1875, De Montigny. Magistrate* Tlie Corporation of St. Marguerite vs. Mi- .^neron, 29 L.C. J., p. 227 .See in the same sense ,C.C.,C/ta/eau^tia2/, 15th May, 1H73, Dunkin J., The Corporation of Ste. Marline vs. Henderson, 4 R. L., p. fi68. The Corporaiion of the parish cf Ste. Marline should have been said. ^ee notes under art. 9, 793, 963. (2) See note under art. 90. MUNICIPAL CODE. three months runs only from the date of the coming into force of this code. 6. Any oath required by the provisions of this code may be made before any warden, mayor, secretary-treasurer or justice of the peace, within the respective territorial juris- dictions. Any person before whom any oath may be made is em- powered and required, whenever he is called upon to do so, to administer the oath and deliver a certificate thereof to the party taking the same, without fee. 7. In any proceeding in which the rights of any municipal corporation are involved, no witness is inadmissible from the fact of his being an elector or a rate-payer of the municipal- ity, or from his forming part of the municipal council. (1) 8. Whenever any deposition or information is required to be given under oath, on behalf of any municipal corpora- tion, such deposition or information may be given by any member or officer of the council. 9. Every justice of the peace and every person who refuses or neglects, without reasonable cause, to do any act or duty imposed upon him by the provisions oif this code, or required of him in virtue of its provisions, incurs, over and above the damages caused, a penalty of not less than four nor more than twenty dollars, except in cases otherwise provided for. (2) 10. The lieutenant-governor, by an order in council, may revoke any order in council made by him in municipal matters, eituer before or after the coming into force of this Code. 11. Every person, who wilfully tears down, injures or defaces any document whatsoever posted up in any public place, under the authority of the provisions of this Code, (1) By art, 252 C. C. P. interest is not a cause of reproach but with regant to the degree of belief which is to be given to the tes- timony. (2) In Bernatchez vs. HSniond, C. C, Montmagny, 19th February, 1881 . Angers, J ., 7 Q . L. R., p. 26 and 4 L. N./191, it was held that the fact, by the chairman at an election, oi depriving Illegally a person of the exercise of his right as a municipal elector, gives cause to damages, and in an action to that effect, such president whose conduct denotes bad faith in the execution of his duties has no right to the notice mentioned in art. 22 C. G. P. See notes under art. 4, 120, 131, 166 and 678a. PRELIMINARY TITLE. 9 incurs a penalty of not less than one nor more than eight dollars for every oflFence. 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 whatsoever, 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. This article does not apply to the head of the council, nor to municipal officers who, according to the provisions of this Code, must be able to read and write. 13. The forms contained in the appendix to this Code suffice in the cases for which they are given. Any other form, to the like effect, may also be employed. 14. Unnecessary allegations or expressions, used in any form or in any act whatsoever, in no manner affect the validity thereof, provided that, on their being set aside as surplusage, what is left is capable of being understood in the sense intended. 15. No Act connected with municipal affairs, performed by a municipal council, its officers, or any other person, is null or void solely on account of error or insufficiency in the designation of tiio corporation or of the municipality or of such Act, or on account of insufficiency in or ti.e omission of the declaration of the quality of such officers or person, pro- vided no surprise or injustice result therefrom. (1) 16. No objection founded upon form, or upon the omission of any formality even imperative, can be allowed to prevail in any action, suit or proceeding respecting municipal matters, unless substantial injustice would be done by rejecting such objection, or unless the formality omitted be such that its omission, according to the provisions of this (1) Held :— That the wrong designation of the name of a municipal corporation in the valuation and collection rolls do not make the proceedings void, nor prevent the corporation from collecting taxes. C. C., Quebec, I5th Octol)er, 1873, Meredith, C. J., J'arent vs. The Corporaticni of the parish of St. Sauveur, 2 Q. L. K., p. 258. By g 17 of the s. 37 of the Act concerning the Statutes of the Province of Quebec, it has been decreed ihat the name commonly given to a corporation means that corporatiou with- out an ampler description being uecessary. See uote under art. 705. ^ T5 ■*- -^"^ 16 MUNIOIPAL CODE. Code, would render null the proceedings or other municipal acts needing such formality. (1) 17. In all cases in which it is declared by the provisions of this Code that any person, to be capable of filling any municipal ofiice, must know how to read 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 with the provisions of the existing laws. If there be any such difference in an article modifying 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 any 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 administration. In every municipality bounded by a navigable or floatable river, the limits of the municipality extend to the middle of such river. 2. The terms ** rural municipality " or "country munici- (1) In Parent vs. The Corporation of the parish of St. Sauveur et al., C. C, Quebec, 15th October. 1873. Meredith, C.J., 2 Q. L. R., p. 258, it was held that a demand of payment made by the corpora- tion of the parish of St. Sauveur, under art. 961, bearing the following : " Province of Quebec, municipality of the parish of " St. Sauveur of Quebec South," and describiiiK the rate-payer, as follows : " Victor Parent, wheelwright, St. Valier street,*' as he was described on the collection roll is sufficiently explicit to let the rate-payer know that the sums asked for are due for immoveables affected by that roll, and that full effect must be given to that art. 16. The formalities which are not prescribed by the Code under ftain of nullity, are, by art. 16, left to the discretion of the udge who must require them for rendering justice to the parties. C. C, Montreal, 6th March, 1872, Mackay, J., Boileau V8« Proulx, 2 R. C, p. 236. See note under art. 349 and 616. PRELIMINARY TITLE. II 9r manioipal e provisions r filling any ite, it is not >rint and to >n the laws a difference ersion shall sions of the >difying the iccording to t consistent 3, whenever by-laws or application unless the jontrary : le territory [•at ion. In able river, le of such ry munici- t. Sauveur 2Q.L.R., 16 corpora - marine the parish of ate-payer, Jtreet/' as y explicit re due for t must be Kle under on of the 18 parties. ileau y». pality," include and mean parish municipalities, munioipali' tics 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 village municipalities. 3. The adjective ''local," when it qualifies the words ft "municipality," ** corporation," "council," "councillor, refers indifferently to country, village or town councils* councillors, corporations or municipalities. (1) 4. The word "parish" means any territory erected into a parish by civil authority. 5. The word "township" means any territory erected into a township by proclamation. The French word "canton" has the same meaning. 6. The word "district" means a judicial district estab- lished by law, and refers to the district in which the muni- cipality is situated. (2) 7» The word "county" means a territory erected into a county, for the purposes of parliamentary representation, in the Legislative Assembly of the province. If two or more counties are united to constitute an electoral division, the word *' county" moans each of such counties severally. (3) 8. The term " chief-place " means the locality where the county council holds its sessions. 9. The terms "circuit court of the county" or "county circuit court " mean the circuit court in and for the county ; and if there is more than one circuit court in the county, they include all that are therein established* 10. The terms " magistrate's court " or " magistrate's court of the county" mean the magistrate's court established in the county by proclamation of the lieutenant-governor and presided over by the district magistrate. (4) 11. The word " head of the council " applies equally to the (1) See note under art. 751. (2). The province is divided into twenty judicial districts which are descrilx'd in section 11 of the act conoeriiiiig the territorial division of the province, reproduced in the appendix. (3). By the act mentioned in the above note the province is now divided into sixty-eight electoral districts whien comprise the ohl counties, and it is divided into sixty-seven county municipa- lities. (4 ). Bv §1.5 of the sect. 37 of the Act concerning the Statutes of the Province of Quebec, of 1886, the word "magistrate" means judse of the peace ; two judges of the peace mean two judges of the peace or more acting U^ether. -arr B^SE la MUNICIPAL CODE. warden of a county and to the mayor of a local municipality ; the terms " head of a corporation," or ** head of a municipa- lity " are also used. The person referred to by the word " head " performs his duties under the name peculiar to his office, either as mayor or as warden. 12. The term " member of the council " means the head of the council or any councillor of the municipality. 13. The term "justice of the peace," refers also to the head of the council acting ex officio as justice of the peace, under article 125. 14. The word ** session " employed alone refers indiffer- ently to an ordinary or general session and a special session. 15. The term ''municipal office " includes all the duties or functions discharged either by the members or officers of a municipal council. (1) 16. The word "appointment" means and includes every election made by the municipal electors and every appoint- ment made by the lieutenant-governor or by the municipal council, whenever, by the terms of the context, it does not refer specially to one of these oases. This provision applies also to the term " appoint " and its derivatives. 17. 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 location ticket ; it applies to all co-proprietors, and to every partnership, association, wooden or iron railway company, or corporation whatsoever. 19. {As replaced by S. of Q. of 1882, 45 Vic, c. 35, ». 1.) The word ''occupant" denotes the person who occupies any immovable under any title other than that of proprietor, tenant, or usufructuary, either in his own or his wife's name, and who dwells upon the same and derives all issue there- from ; " I9a. The word " tenant " includes also the person who is obliged to give to the proprietor any portion whatever of the fruits and revenues of the immovable occupied by him, and I (1). In the case of Helton vs. ^tibiiM, Q.B.G. Qttebec, 17th Septem- ber, 1875, Dorian, G. J., Monk. J., Taschereau, J., Ramsay, J., i9a»6om, J., 3 Q.L. R., p. 289, it has been held that an employee working at a municipal road is not a public officer entitled to a notice under art. 22, G. G. P. PRELIMINARY TITLE. 13 uniclpality ; a municipa- •y the word ;uliar to his the head of also to the the peace, )rs indifTer- :ial session, he duties or ifficers of a ludes every ■y appoint- municipal it does not ion applies eludes only ration, and irtiole 710. every one ■operty, or prietor, or applies to .ssociation, hatsoever. 36, 9. 1.) 3upies any )roprietor, fe's name, sue there- ion who is ver of the him, and )h Septem- msay, J., employee titled to a snoh tenant shall also dwell upon suoh property, saving the tenant of a store, farm, shop or office." 20. The word " absent " denotes ail persons whose domi- cile is without the limits of the municipality, nevertheless any person, corporation, iron or wooden railway company, or any other company which has any place of business whatever in the municipality is deemed present or domiciled in such municipality. (1) 21. The word "rate-payer" means any proprietor, lessee, occupant or other individual, who, by reason of the taxable f property which he possesses or occupies in a municipality, is iable for the payment of municipal taxes or for the con- struction or maintenance of municipal works by contributions in materials, labor or money. 22. The term ** municipal tax " means and includes : 1 — all taxes and contributions in money imposed by municipal councils or under procia-verbaux and acts of apportionment ; 2 — all taxes and contributions in mate/ials or labor imposed upon rate-payers for municipal works, under proe^s-verbaux or other municipal acts, and liquidated by a resolution of the council after special notice given to the rate-payers interested; or by the judgment of any court ; 3 — all duties, fines or penalties declared in express terms '* to be assimilated to municipal taxes " by the provisions of this Code, municipal by-laws or any other law whatever. 23. The word ** range " refers to a succession of neighbor- ing lots usually abutting on the same line ; it means also a ** concession " or a ** row (cdte) " taken in the same sense. 24. The words "real estate" or 'Mand " mean all lands or parcels of land in a municipality, possessed or occupied by one person or by several persons conjointly, and include the buildings and improvements thereon. 25. The word " lot " means any land situated in any range as conceded or sold by the original title or by the oldest title that is to be found : it includes any subdivisions of such land made since the said concession or sale, with the buildings and other improvements thereupon. 26. The term "municipal bridge" means any bridge of eight feet in span or more, under the management of a muni- cipal corporation. It does not include the bridges mentioned in article 883. (1). The word *' absent " has not here the meaning it has in art. 86, C. C. ft MXTKIOIPAL CODE. 27. The word <'road" includes high-roads, streets, lanes, front roads, and local or county by-roads. 28. (A8 gubsttthted by S. of Q. of 1872,36 Vict., c. 21, ». 1.) The term "boundary fence " means the fence dividing two public or private properties adjacent one to another. 29. The word '* month " means a calendar month. 30. The expression " following day " does not mean nor in- clude holidays, except when an Act may be done upon a holiday. (1) 31. .The words *' intoxicating liquors " or *' strong liquors " mean all spirituous or maltliquois all wines, and every mix- ture of liquors or drinks, whereof any part is intoxicating. 32. The Word **bond" or "debenture" means and in- cludes all debentures issued by municipal corporations for the purpose of raising money. 33. {Added by S. of Q. of 1872, 36 VicU, c. 21, ». 1). The term " Municipal Code " used in any act, statute, by-law, writing, procedure, or document whatever, is a sufficient cita- tion and designation of the Municipal Code of the Province of Quebec. 20. (Aa amended by S. of Q. of 1878, 41 Vict,, c. 18, «. 1.) Every lot or piece of land is described by its number and by the name of the range or street, or by the limits and abut- tals thereof, or in the manner prescribed by a resolution of the Council. In every municipality included in a registration division, in which the provisions of article 2168 of the Civil Code, res- pecting the plan and book of reference, are in force, the des- cription of every lot of land is given by the corresponding (1). By the Act concerning the Statutes of the Province of Que- bec. 1886 § 25 of the sect. 87, the word "holidays," comprise : (a) SuiidMys ; (6) First Year's day : (c) The Epiphany, The Annunciation, Ash Wednesday, Good Friday, Easter Monday, The Ascension, Corpus Christi, St. Peter and St Paul's day. All Saint's day, the Conception, and Christ- ''1;'' ■'. -^y I ;; V. A' bainday of the Sovereign or the day appointed by pro- w^>.T*v. ier its celebration. ■x) 1'" ♦:> "iiOiinion day, but if it falls on a Sunday, it is post- poii' d .ne spxtday. (J) Auj tuiy appointed by royal proclamation or by proolama" tion of the Governor or the Lieutenant Governor, as a fast day or a thanksgiving's day. PRELIMINARY TITLE. rs treets, lanes^ 'fC' 2t, *. 1.) dividing two ther. nth. mean nor in- done upon a 5ng liquors " I every mix- oxicating. 'ans and in- >oration8 for I *. 1). The te, by-law, ffieient cita- he Province c. 18, ». 1.) iber and by I and abut- ^solution of ►n division. Code, res- et the des- responding iiceofQue- omprise : day, Good >, St. Peter ud Christ- ed by pro- It is post- )rocIama» I fast day number upon the plan and in the book of reference : if the land forms part of a numbered parcel of land, it is described by declaring that it forms part of such parcel of land ; if it is composed of portions of more than one numbered parcel of land, it is described by declaring that it is so composed, and by indicating what portion of each numbered parcel of land it contains. 21. {As suhatituted hy S. of Q. o/1878, 41 Vict., c. 18, s. 2.) Every iron or wooden railway company shall construct and maintain all fences, roads, bridges, and water-courses on the properties possessed or occupied by them in a municipality, and shall be subject to the dispositions of the by-laws, />roc^«-: verbaux or other municipal enactments passed to that effect, even if such works for fences, roads, bridges and water- courses should not be of advantage to the company. 22. Such company or its taxable property cannot in any manner be made liable, in virtue of procis-verhaux or of by- laws made under articles 528, 794, 855 and 884, for works of such nature, or any land other than that owned or occupied by it, nor can it be subjected to the imposition or payment of taxes levied for works to municipal water-courses, bridges or roads, or to contribute to the building of any iron or wooden railway in the municipality. Should such company neglect or refuse to perform the works for which it is liable, in virtue of the preceding article within the prescribed delay, no municipal council or officer can perform such works or cause the same to be performed j but the company is liable in addition to the damages occa- sioned by its neglect or refusal, to a fine of twenty dollars for each day during which such neglect or refusal continues. 22a. (Added by S. of Q. of 1882, 45 Vic, c. 35, s. 2.) The provisions of the two preceding articles also apply to federal or local government railways, whether such railways bo worked by the government or by private individuals. BOOK FIRST. ORGANIZATION OF MUNICIPAL CORPORATIONS. TITLE FIEST. SRBCTION OF MUNICIPALITIKS. Preliminary Provisions. 23. {Aa amended by S. of Q. 0/I886, 48 Vict., ch. 28, ». 1.) Every territory which, after this code comes into force, is declared by the provisions hereof to form of itself a distinct county or local municipality, dates its formation as such municipality, under its corporate name, as soon as such ter- ritory falls within the required conditions. CHAPTER FIBST. IHKCTION OP COUNTY MUNICIPALITIKS. 24. Every territory erected into a county, at or after the time when this code comes into force, for the purposes of par- lianientary representation in the legislative assembly of the province, constitutes by itself a county municipality, under the name of "The municipality of the county of (name of county).'* A county united to another county, to constitute an elec- toral division, does not cease to form by itself a separate county municipality. (1). 29* Nevertheless if any local municipality is situated partly in one county and partly in another, such local muni- cipality continues to form part of the county municipality in which it was placed under the law which established it. CHAPTEK SECOND. BRBCTION OF LOCAL MUNICIPALITIES. Section I. — Rural Municipalities. 26. Every territory which, at the time when this code comes into force, has been erected in virtue of the consolida- (1) See Art. 1081. CB. II. EREOTION OF LOCAL MUNICIPALITIES. 17 NATIONS. cA.28,*. 1.) I to force, is If a distinct ion as such as such ter- >r after the )se8 of par- iHIy of the lity, under f (name of e an elec- a separate situated )cal muni- jipality in 3d it. this code lonsolida- '"W ted municipal act of Lower Canada, or of any amendment, or subsequent special act, into a municipality of a parish, of part of a parish, of a township, of part of a township, of united townships or into any country municipality whatsoever, con- tinues to form a local municipality operating under the pro- visions of this code, under the name indicated by the law under which it was erected, until such time as it may be other- wise directed under the authority of this code. Corporations or municipalities which have had rights and privileges conferred on them by special and exceptional pro- visions of law, continue in the enjoyment of the same, except in so far as the number of councillors is concerned, which must be in accordance with article 276. 27. All other territories, except those already erected into town or village municipalities, form, at the time when this code comes into force, or thereafter, local municipalities, un- der the subsequent provisions of this section, if they fall within the requirements to this end necessary ; if not, they must be annexed to adjoining municipalities in the county, in virtue of the provisions of this section. (1). 28. Every territory not erected into a local municipality* or every territory of which the council is not organized, is, until it be annexed to an adjoining local municipality or un- til the council thereof be organized, administered and regul- ated by the county council and its officers, until 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 sub- ject 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 aorporation. § I. — 0/ Municipalities of a Parish or part of a Parish* 29. Every territory erected into a parish, and situated entirely in 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. (1) See note under art. 751. 18 MUNICIPAL CODE. BK. I. TIT. I. 80. 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 muni- cipality of such parish, from the date of its annexation to the parish, and is subjoct to articles 43 and 44. 81. If a part only of a parish is situated in a county, this part of a parish forms, of itself, a municipality of a part of a parish, provided it has a population of at least three hun- dred souls. If such part of a parish has not a population of three hundred souls, it must be annexed to an adjoining rural municipality in the county. 82. The county council may, by a resolution after public notice to that effect has been duly given, previous to the passing thereof, and approved and published in the manner prescribed by article 41, erect into a parish municipality, under the name which belongs to it, according to the rules prescribed, any territory iooluded in one or more townships or parts of townships, whether or not erected into municipali- ties, and which has been constituted into a civil parish, pro- vided that such parish contains a population of three hun- dred souls and is wholly situate in the county. When a part only of such civil parish is situate in the county, such part of a parish, if it contain a population of three hundred souls, may in the same manner be erected into a municipality of part of a parish. 38. {Aa amended by S. of Q. of 1882, 45 Vic, c. 35, ». 3.) The county council may, in the same manner, annex to a parish municipality, any territory situated in one or more townships or parts of townships, whether erected or not into municipalities, whether such territory has or has not been al- ready joined to such parish for civil purposes, provided that such territory and parish be entirely situate in one and the same county. 84. The name of a parish municipality is "The municipa- lity of the parish o*" (name of the parish)." The name of a municipality of part of a parish, is **The municipality of the « • • part of the parish of (naming the parish and substituting in place of * • • • the word north, south, east or west, according as »uch municipality it situated in one of these directions in relation to the principal part of the parish),*' CH. 11. ERECTION OP LOCAL MUNICIPALITIES. 19 of a township, i to a parish slature, such of the muni- exation to the I county, this ' of a part of St three hun- on of three joining rural after public ivious to the the manner mnioipality, to the rules 'e townships munioipali- parish, pro- three hun- uate in the >puIation of be erected . 35, *. 3.) nnex to a »e or more or not into ot been al- vided that ae and the municipa- ls ««The >f (naming the word ipality it principal S II,-^ 0/ Municipalities of a Township or of part of a Township, 35. Any territory erected into a township, situated entire- ly in one and the same county, and having a population of at leaft three hundred souls, as appears by the last census or otherwise, forms of itself a township municipality. A township, with a population of less than three hundred souls, must be annexed to an adjoining rural municipality in the county. 30. Whenever any territory which does not already form part of a local municipality is annexed by proclamation to any township in the county, such territory, from the date of its annexation to the township^ forms part of the municipality of such township without any other formality. 37. If a part only of a township is situated in a county, such part of a township forms, of itself, a municipality of part of a township, when it has a population of at least three nundred 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. 3Ta. (Added hy S. of Q. of 1871, 35 Ftc, c. 8, *. 1, and as amended by S. of Q. of 1878, 41 Vic,, c. 18, s. S; by S. of Q. of 1878, 41-42 Vic, c. 10, s, 2 and by S, of Q. of 1879, 42-43 Vic, c. 22, s. \). The county council may, by resolu- tion, erect into a municipality of part of a township, any territory containing a population of at least three hundred souls, which already forms part of a municipality of a town- ship, of part of a township or of united townships, or of several contiguous townships situated in the same county, on petition signed by at least two-thirds of the electors of such territory and by a majority of the electors of the remain- ing portion of the said municipality ; provided that there re- mains in the municipality, from which such territory is de- tached, a population of at least three hundred souls. Such resolution must be preceded by a public notice given for such purpose, and approved and published in the manner prescribed by article 41. 38. (As amended by S. of Q. of 1878, 41-42 Vict., c. 10, *. 3.) The name of a township municipality is "The muni- cipality of the township of (name of the township).*^ 20 MUNILIPAL CODE. BK. I. TIT. I. The name of a municipality of part of a township is " The municipality of the • • • • part of the township of (jiaming the townnhip and auhntitutimj in place of * * * * the word north, south, east or west, to suit the cane).** That of a municipality composed of portions of several townships is " municipality of • ♦ ♦ ♦ {name which shall be given to it by the county Council^, § III.— 0/ United Township Municipalities. S9. The county council may, by a resolution, sanctioned and published in the manner prescribed by article 41, unite two or more townships situated wholly within the limits of the county, to form conjointly one local municipality, pro- vided that the population of each of these townships does not amount to three hundred souls, and that the total population of these townships united amounts to at least three hundred souls. 40. {An amended by S. of Q. of 1885, 48 Vict.^ ch. 28, #. 2). The townships so united form a local municipality under the name of '< The municipality of 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 municipal- ity, 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-gover- nor in council, and published within the fifteen days which follow the receipt of his approval, by the secretary-treasurer, in the manner prescribed for public notices, and, moreover, by two insertions in one or more newspapers and in the OJi- cial Gazette of the province. 42. {As amended by S. of Q. of 1885, 48 Vict, ch. 28, s. 3.) The territory thus annexed to the rural municipality becomes part of such municipality for all municipal purposes. 43. The members and officers of the council of the munici- pality to which a territory has been annexed in office at the time of the annexation remain in office, and form the muni- cipal 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 annexation, continue CH. II. EREOTION OF LOCAL MUNICIPALITIES. 21 in force for suoh territory, subject, nevertheless, to the appli- cation of provisions of chapter three of this title, until re- pealed or amended by the municipal council ; and those which governed the municipality before the annexation do not apply to the annexed terri try until they have been de- clared applicable to it by the same council. Nevertheless the by-laws hereinbefore first mentioned, can neither be repealed nor amended, nor those horoinbofore last mentioned, declared applicable to such annexed territory, by the municipal councillors in office at the time of such annexa- tion, so long as they do not fill their offices in virtue of a new appointment. § V. — Separation of a Territory Annexed or United to another, 45. If it appears by a general census, or special census or enumeration of the inhabitants, that the territory which has been annexed to a rural municipality, or united to another territory for the purpose of forming a united township muni- cipality, contains a population of at least three hundred souls, the county council may, by resolution, divide such territory for the purpose of establishing within its original limits, a distinct !ocal municipality, or municipalities, as the case may be, provided that the territory which remains, retains a popu> lation of at least three hundred souls. This resolution must be approved and published in the same manner as those passed in virtue of articles 32 and 41. 46. (As amended by S.of Q. o/l885, 48 Vict., ch. 28, «. 4). The territory so separated forms of itself a distinct local municipality, under its proper name, according to the rules already established. 47* The county council must cause a special census of the inhabitants of a territory which h^s been annexed or united in virtue of the provisions of this chapter, to be made by one of its officers or by a person appointed for that purpose, whenever required to do so, by at least two persons resident in such territory, and who offer sufficient security for the pay- ment of the cost in the case mentioned in the following article. 48. If it appears from such census that such annexed or united locality does not contain a population of three hundred souls, the cost of such census must be repaid to the coun- cil by the persons who demanded the same, or by their sure- ties. 22 MUNICIPAL CODE. BK. I. TIT. I. 48a. (^Added by S. of Q. of 1878, 41 Vic, c. 18, ». 4.) Whenever there is, within the limits oif a rural municipality, a group of at least sixty houses on a territory not exceeding tV70 hundred and sixty arpents in superficies, the council of such municipality may, on presentation of a petition signed hy two-thirds of the municipal electors who are at the same time proprietors, residents of the said territory, pass a by-law to define the extent and the limits of such territory, and to causp it to be known as an incorporated village under such name as he may deem expedient to give it. 486. (Added by S. of Q. of 1878, 41 Vic, c 18, s. 4.) As soon as such by-law shall come into force, the council of the municipality is vested with the si n«<) powers and authority to make by-laws, with regard to such unincorporated village, as that of the council of a village municipality working under the provision of this Code, except, however, those conferred by articles 617 to 623 a and 637 to 640 inclusively. Section II. — Of Toton and Village Municipalities, § I. — Of existing l^own and Village Municipalities, 49. Every territory erected at the tluie when this Code comes into force, into a village municipality i i^cr '\e au- thority of any statute whatsoever, continues to for^-u a. village municipality, governed by the provisions of this code. Such village municipalities are designated and known under their corporate name, according to the provisions of the law under which they were erected. 50. The town and village municipalities, specified in the two preceding articles, are designated and known under the corporate name which belongs to them, according to the pro- visions of the law under which they were erected. § II. — Erection of New Village Municipalities. 51. Every territory, forming part of a rural municipality and containing on any one of its parts at least forty inhabi- ted houses, within a space not exceeding sixty superficial arpents, may be erected into a village municipality by a pro- clamation of the lieutenant-governor issued after the obser- vance of the formalities proscribed in this paragraph. 52. {As amended by S. of Q, of 1878, 41 Vic, c, 18, s, 5.) The county council, on presentation of a peti- tion, signed by two-thirds of the mnnicipal electors, who CH. II. ERECTION OF LOOAL MUMIOIPALITIES. 23 , c. 18, ». 4.) municipality, not exceeding he council of •etition signed e at the same pass a by-law •itory, and to e under such 18, 8. 4.) As louncil of the I authority to ed village, as orking under )se conferred taltttes, palitiea. en this Code k'^cr ^.Q au- )r*'u a village code. tnown under s of the law ified in the n under the I to the pro- • Itiea. lunicipality rty inhabi- superficial y by a pro- the obser- tph. 1 Vic.f c. of a peti- ictors, who (vro At iiie same time proprietors, residents of the terri- tory which is sought to be erected into a village munici- pality, names a special superintendent charged to visit such territory for the purpose of establishing the number of houses thereon built and inhabited, and to report on such petition. 53. The special superintendent, after having made oath faithfully to perform the duties of his office, gives public notice to the inhabitants of the rural municipality concerned of the day and hour at which he is to commence his visit and make the examination of the territory described in the peti- tion. 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 terri- tory in question ; 2. The number of the houses built and inhabited, within a space not exceeding sixty superficial arpeuts, on any part whatsoever of the territory ; 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 municipality. If the limits described in the report differ from those set forth in the petition, the special superintendent must state the reasons of such discrepancy. 55. The report of the special superintendent must be ac- companied 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 ; i. 4. Streets projected ; 5. Lots built upon j 6. Lots vacant. After having made and signed his report, the special super- intendent deposits it with the plan accompanying it, together with a copy of each, in the office of the county council. 56. The secretary-treasurer must give public notice of th^ filing of such report to the inhabitants of the ruiftl launioipal- 24 MUNICIPAL CODE. BK. I. TIT. I. ity from which it is proposed to separate the territory in question, indicating at the same time the place where com- munication of the report and the plan may be taken by the interested, dating from the publication of such notice. 57. The county council may reject or homologate, with or without amendment, the report of the special superintendent within two months from the publication of the notice of the filing of such report at the oflBce of the council. It cannot however, proceed to the consideration and amendment of the report without first giving public notice to the inhabitants of the rural municipality concerned, of the day and hour at which its proceedings are to commence, and after having heard all interested parties, including the special superintendent, if such hearing is required. 58. The amendments made by the county council to the special superintendent's report, must be entered on the origi- nal and the copies lodged in the office of the council, or on ^ sheets of paper thereunto annexed. 59. At the expiration of two months from the publication of the notice of its deposit, the report of the special superin- tendent is held to be homologated as it then is, unless in this interval it has been rejected or expressly homologated by the county council. 60. After the homologation of the special superintendent's report, under article 57 or article 59, the secretary-treasurer is bound to transmit to the provincial secretary a copy of the report and any amendments which may have been made, as well as of any other document connected with it, together with either the plan or a copy of the plan of the territory 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 proclamation erecting the territory described in the report into a village municipality, and declaring its name and defining its limits. 63. (As amended by S. of Q. of 1878, 41 Vic, c. 18, «. 6.) The proclamation comes into force on the day of its publica- tion 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. CH. II. ERECTION OF LOCAL MUNICIPALITIES. 25 territory in ( where com- taken by the otice. gate, with or perintendent notice of the oration and ^ublic notice oncerned, of commence, ncluding the ed. uncil to the on the origi- uncil, or on 1 publication :ial superin- nless in this 5ated by the rintendent's ry-treasurer copy of the 9n made, as it, together territory in r in council, snts, or may raendment, recting the anicipality, c. 18, «. 6.) its publica- two copies ;o the office 64. The secretary-treasurer of the county council gives public notice of the issuing of the proclamation erecting such Tillage 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 into force, the territory, as defined in such proclamation, is detached from the local municipality of which it formerly made part, and becomes a distinct village municipality under its corpor- ate name. The remaining part of the municipality, if it contains a population of at least three hundred souls, continues to form a distinct municipality under its corporate name, the mem- bers and officers of the council then in office remain in office as if the erection of the village municipality had not taken place, the provisions of article 283, to the contrary notwith- standing. 65a. (As added hy S. of Q. 0/I886, 49-50 Vict.y ch. 21, •. 1.) Every rural municipality having a population of ten thousand souls, as established by the last general census or by a special census certified by the mayor or secretary-trea- surer, may, upon petition of the majority in value of the proprietors of the said municipality, according to the valu- ation roll then in force, be erected into a village municipality by proclamation of the lieutenant-governor in council, upon a resolution of the council of the municipality, setting forth that it is in the interest of the inhabitants of the locality that such erection into a village should take place, provided al- ways that the territory does not exceed forty-five square arpents, and that such resolution be accompanied with a plan showing the metes and bounds of the municipality. The territory, as described in the proclamation, forms a village municipality under its own name, dating from the coming into force of the proclamation, but the councillors in office remain so until the expiration of their term, as if the erection had not taken place. 66. The by-laws, orders, rolls or municipal acts which governed the territory before its erection into a village muni- cipality, continue in force after such erection, subject to the application of the provisions of chapter three of this title, until they are amended or repealed by the village council. 67. The name of a village municipality is, <-ut* orized and bound to settle their joint debts and obligations with the creditors. But if any whole municipality which no longer forms of itself a distinct municipality is divided and must be annexed to one or more .municipalities, or must form two or more new municipalities, or must be in part annexed to one or more municipalities and in part form one or more new municipali- ties, the only municipal council authorized and obliged to settle the joint debts and obligations with the creditors, is that which governs the territory which contains within its limits the place where the council sat at the time of such separation or division. If, in the case of the preceding provision, the place where the council sat at the time of the division or separation was in a village or town municipality, distinct from the divided or separated territory, the only municipal council authori?AH and obliged to settle the joint debts and obligations with the creditors, is that which governs the territory including within its limits the greater part of the divided or separated muni- cipality. 80. All suits brought in reference to the settlement and payment of such debts and obligations, may be brought in the district or in the county in which is situated the chief place of the council bound to settle such debts and obliga- tions. 81. The settlement and division of joint debts and obliga- (1) See note under art. 82. CH. III. EFFECT OF A CHANGE OF LIMITS' 29 tions must be based on the value of the taxable property, liable for such debts and obligations, according to the valua- tion roll in force at the time when such limits were changed. 82. (Aa amended by S. of Q., 1885, 48 Vict., ch. 28, ». 5.) 'The council bound for the settlement of joint debts and obligations and its officers, are authorized to collect through- out the whole territory, liable for such debts and obligations, the taxes imposed for the payment of the same, by the by- laws in force at the time of the change of limits, or to impose thereon by by-law, new taxes, to effect the full payment of such debts and obligations, with all the rights and powers conferred upon the council and its officers, that governed the same before the division and separation of the territory. Or the municipal corporation bound for the payment of the common debts and obligations may also, after three months' notice duly served, claim and exact directly from the muni- cipal corporation charged with the administration of any j portion of territory bound for such debts and obligations, the [whole share collectively due by all the proprietors or occu- i pants of taxable property comprised in such portion of territory. (1) The corpr»ration, charged with the administration of any such portion of territory so bound, may recover from the rate-payers bound for such debts and obligations, by means of assessments or by-laws which it shall make for such purpose, the amounts which it has so paid. 83. Nevertheless, if any land liable for such taxes is not situated in the county municipality in which such council and officers have jurisdiction, such land cannot be sold in default of payment of such taxes, except within the county munici- j)ality in which it is situated ; and the secretary-treasurer, entrusted with the collection of such moneys, must transmit a statement thereof, within the time required, to the secre- ;s and obliga- (l) fn re The Corporation of Notre-tkime qf the Sacred Heart, and The Corporation of St. Germain of Rimomki, Q. B. C, Quebec, 6th December. 1884, Dorian, C. J., Monk, J., Ramsay, J., CrosSy J., and Baby, J., 10 9. L. R., p. 316, and 7 L. N, p. 407, and 8 L. N., p. 61, It has been decided before the amendment of 1885 that the corporal iou of the old municipality had no direct action against'^ the corporation of the new municipality for the recovery of taxes, except in the case of an agreement between the two corporations, accordingly to art. 84 ; but these taxes werepay- lable by the rate-payers only of the part detached from. MUNICIPAL CODE. BK. I. TIT. I. tary-treasurer of such county municipality^ who must, in default of payment of the taxes for which such land is liable, proceed to the sale of the same in the usual manner. 84. The council bound to settle the joint debts and obliga- tions may, by mutual agreement with the council entrusted with the municipal administration of any other part of the territory liable for the payment of such debts and obligations, determine the total amount jointly due by all the owners or occupants of the taxable property comprised within such part of the territory. This agreement is made in conformity with resolutions, previously passed for that purpose by the councils interested therein, and can only include debts and obligations liquid- ated and demandable. 85. The share established by the deed of agreement be- comes a debt demandable, by the council bound to settle the joint debts and obligation, according, to the terms of the agreement^ of the municipal corporation whereof the council became a party to such deed, and may be recovered by the latter and its officers from the rate-payers liable for such debts and obligations, as well under ^he by-laws in force at the time of the deed of agreement as under new by-lftws which such council may make for such purpose. Section II. — Division of Common Property, 86. Property consisting in sums of money, assets, effects, movables or immovables, belonging to the corporation at the time of a change of limits, or of the separation of any terri- tory, with the exception of those mentioned in the following article, must be divided in the same manner as joint debts. 87. The books, registers, plans, rolls, lists, documents, papers or records of the corporation remain the exclusive property of the council, which is bound to settle the joint liabilities. 88. The council bound to settle the joint liabilities is alone authorized to collect and settle all arrears of municipal taxes and all other assets due before the change of limits, by itself or by its officers, with the same rights and powers as those conferred upon the council and officers authorized to collect and settle them before such change of limits. 89. Such council may nevertheless convey by deed of agreement to the council entrusted with the municipal admin- istration of any other part of the territory which was inclu- ded in the old municipality, for the benefit of the rate-payers CH. III. EFFECT OF A CHANGE OF LIMITS. 31 of such part of the territory, all arrears of municipal taxes and all other assets arising out of the taxable property in- cluded in such part of the territory ; and the council to which , such conveyance was made and its officers are authorized to I collect and settle such arrears and assets, with all the rights iind ])owers possessed by the council making such conveyance and its otticers. Section III. — Miscellaneous Provisions. 90. (As amended by S. of Q., 1884, 47 Vict., ch. 18," s. 2.) No rate-payer of a territory detached or separated from a local municipality before or after the coming into force of this Code is obliged, in virtue of any proc^s-verbal, act of apportionment, by-law or order, in force at the time of the change of limits, to perform work upon municipal roads or bridges up to that time deemed to be local, and situated in the remaining part of the local municipality from which such territory has been detached or separated, notwithstanding article 5 of this code. (1) The same rule applies to the rate-payers of any local mu- nicipality from which any territory has been detached or separated, before or after the coming into force of this Code, respecting works of a similar nature situated within the limits of such territory, notwithstanding article 5 of this Code. 91. No territory annexed to a municipality, is liable for the payment of debts and obligations contracted by the cor- poration of such municipality before th& annexation. 92. The council of every newly organized municipality, and of every municipality which comprises or governs a ter- ritory detached or separated from another municipality is entitled to obtain certified copies of all by-laws, resolutions, orders, proc^s-verbaux, rolls, papers, books, plans or docu- ments which have reference to such new municipality or to such territory, from the council in whose possession they are on payment of ten cents for each hundred words. The council requiring such copies may have them made by one of its officers, on payment of fifty cents for each certifi- cate made or thereunto affixed by the secretary-treasurer or other officer in charge of such documents. The Corporation of Ste. L. K., p. 50 it was Mary, S. C, held (1) In Deschesnes vs. Jieauce, October, 1880, McOrrd, J^, 7 Q. that, where a part of a municipality has been detached to forma distinct municipality, the tate-payers in such a part are no longer bound to the works of a road situated in the other part of the old municipality, to which works they were bound by procka-verbc^l. TITLE SECOND. PROVISIONS COMMON TO ALL MUNICIPAL CORPO- RATIONS. CHAPTER FIRST. OF THB MUNICIPAL COUNCIL. Section I. — General Provisions. 03. Every municipal corporation is represented by its council : its powers are exercised and its duties discharged by such council and its officers. (1) 94. Such council is recognized and styled by the name of ''The municipal council of or of the {insert the name of the municipality without the words municipality of or of the). 95. The council has jurisdiction throughout the entire extent of the municipality, the corporation of which it repre- sents, and beyond the limits of the municipality in special cases where more ample authority is conferred upon it. Its orders, within the scope of its powers, are obligatory upon all persons subject to its jurisdiction. 96. The municipal council may appoint committees, com- posed of as many of its members as it judges convenient, and may delegate to them its powers respecting the examination of any question, the management of any business or particu- lar kind of business, or for the execution of certain duties. The committees must render account of their labors and their decisions by reports signed by their chairman or by a majority of the members who compose them ; and no report or order whatever of a committee has any effect until it ban been adopted by the council at a regular session, save in the case of article 98. 97. Everyone who is entitled to be heard before the coun- cil or its committees, may be so heard in person or by any (1) Held :— That a municipal corporation is sublect to art. 856 C. C, and is liable in damages for a libel contained in a resolutiou adopted by its council. S. C, MoiUreal^ 80th September, 1871| Beaudry, J., Brown et al., vs. The Corporation of MontrecU, 4 B. L.| p. 7. OH. I. OF THE MUNICIPAL OODNCIL. 33 PAL CORPO- other person acting on his behalf, whether authorized by power of attorney or not. He may also produce and examine Iwitnessos. 98. (At amended by S. of Q. of 1878, 41-42 Vict., ch. 10, a. {5.) The council or committees on every question or matter ipciiding before them, may : 1. Take communication of all documents or writings produ- [ccd in evidence ; 2. Summon any person residing in the municipality ; 3. Examine under oath the parties and the witnesses pro- [duced by the parties, and administer or cause to be adminis- |tered to them an oath or affirmation by one of their members )r by the secretary-treasurer. The council >^ay declare who shall bear and pay the costs Incurred for the production of the witnesses heard, or for the mmmoning of witnesses who have made default, and tax such M)sts, including the reasonable travelling expenses and fifty :ent8 a day for the witnesses. The amount thus taxed, may )e received either by the corporation or by the person who las advanced and paid out the same, as the case may be, in the manner prescribed for the recovery of penalties imposed )y this code. 99. If any one so summoned before the council or the com- littees fails, without just cause, to appear at the time and >laoe mentioned in the summons, when compensation has >een paid or offered to him for his reasonable travelling ex- .nses for going and returning, and fifty cents a day for his time, he incurs a penalty of not less than four, or more than ^en dollars, or imprisonment not to exceed fifteen days. 100. Any procia-verbal, roll, resolution or other order of municipal council, may be set aside by the magistrate's iourt or by the circuit court of the county or district, by Reason of its illegality, in the same manner, within the same lelay, and with the same effect as a municipal by-law, and Is subject to the provisions of articles 461 and 705. (1) (1) In Simard and The Corporttion of the county of Montmo- rency, Q. B. C, QuebeCf 7th June, 1879, Dorian, C. J., Monk, ^., Ramsay, J , !IV5«i€r, J., and Cro«s, J., 4 Q. L. R., p. 208, it /^as held, affirming the judgement of the Superior Court, 1877, Uuart, J., that the opening of a road by a council and a direct tax mposed upon the persons in favor of whom such road is opened, lonstitutes a legislative act contained in the proc^s-verhal or Apportionment act, which are to bd executed till they have been 84 MUNICIPAL CODE. BK. I. TIT. II. 101. Any oounoil which has neglootod to appoint its head or its officers, or to fill any vacancy it was bound to fill, with- in the delays prescribed, may still make such appointment or fill such vacancy of such delay, unless the lieutenant- governor has already done so under the provision of this code. 102. Any document, order of proceeding of a municipal council, the publication of which is required by the provision of this code or by the council itself, must be published in the manner and at the places prescribed for public notices, except in cases otherwise provided for. set aside by the Magistrate's Court or Circuit Court, in the man- ner and delays prescribed by art. 100, 461, 705 M. C. , and if no pro- oeedinff to aiinull such a. procis^erbal or apportionment act has been taken by an interested party, under said articles, in the delay of three months after the notices required by the law, acd in con- nection with these documents, the leKality of such documents will not be incidently tried on a writ ox pruhibiiion but only by the direct procedure indicated by the code. Held :— That when a party taxed in an assessment or appor- tionment roll brings an action to have that roll declared void, and consents afterwards to pay the tax claimed, another party also assessed in this apportionment roll may be admitted as an interveuant party thai such an action is of the same nature us an action poputaire, and Is brought in the interest of all in- terested parties, S. 0., Montreal^ 31st May, 1881, Jtahiville, J., The Molsons Bank vs. The City of Montreal, and Hubert, Int., 11 B. L., p. 542. This c»se has not been decided under tbe dis-| positions of the Municipal Code, but it is clear this decision may apply to proceedings under the codp. Ubld:— That the contestation of the resolutions of the council authorized by art. 100 M. C, for the nomination of councillors by | the council, or for the annulation ot the proch-verbaux, eic, ex- clusive from that which permit art. 1016 and seq. of the C. C. P., that the procedure indicated b^ tliose art. of the C. C. P. is not; the quo warranto, but a special mode allowing Individuals toi complain of the illegal usurpations or deteitions of the public i ofiices, and that the annulation of the proc^s-verbaux, etc. under the art. 100 and of the by-laws under art. 698 may be setj forth by direct aciion, certiorari, and prohibition. S. C. R.,' Quebec, 31st December, 1883, Meredith^ C '. J., Casault and Carwi, ; JJ., Paris vs. Couture, Paritt vs. Brisson, et Lalibert^ vs. liar- nabi, 10 Q. L. R., p. 1. ^^^ Held :— Tliat a judgment of the Circuit Court setting aside a| valuation roll is subject to revision before three judges of thef Superior Court, and that adepcsit of $20 is sufficient. S. C. R.,| Montreal, 2l8t December, 1872, Mackay, Torrance, lieaudrj, JJ., i McLaren, appellant, and The Corporation of the township oJ'\ Buckingham, ret^poudeni, 17 L. C. J., p. 53. j Held :— That there is an appeal, from a judgment rendered by i the Circuit Court setting aside a petition to the effect of having ! ! CH. I. OF THE MUNICIPAL COUNCIL. 35 »oint its head i tofill, with- appointment > lieutenant- » of this code. ' a municipal the provision published in ublio notices, rt, in the man- , and if no pro- mment act has es, in the delay law.acdincon- ich documents m but only by nent or appor- declared Toid, another party Eulmitted as an same nature us erest of all in- Itainville, J., Hubert, int., under the dis- is decision miiy of the couccil i ; councillors \>y rbaux, eic, ex- of the C. C. v., C. C. P. is not individuals to of the public -verbaux, etc. 698 may be set! ion. S. R.,r %uU&ud Caron,, liberU vs. liar-l setting aside aj judges of the] sient. S. C.K.,i™ , lieaudry, JJ.,^ he township o/p mt rendered by | )ff«ct of haying lOS. Any person, producing or lodging any document re- lating to municipal matters in the office of the council, or before the council in session, is entitled to a receipt or ac- "viedgment certifying the production or deposit of such ument, from the secretary-treasurer, or in his absence, from the person presiding at the council, if the council is in session. Any secretary-treasurer, or person presiding, who neglects or refuses to receive any such docuraent,or to deposit the same in the archives of the council, or to give the required receipts, incurs a penalty of twenty dollars m each case, in addition to the damat^es caused by such refusal or neglect. 104. Documents produced as exhibits, and filed in the office of the council or with its officers, must be returned on receipt to the persons who produced the same, whenever they require them. ion. The office of the council is that which is occcjiied by the secretary-treasurer in his official capacity, and must be > I within the limits of the municipality, except in the case e following article. i06. The office of the council of a rural municipality, or of its officers, and the pl-ice where it holds its sessions, may be established in the municipality of a village, of a town or of a city, incorporated in virtue of this code or any other act, provided always, that such municipality of a village, town or city is contiguous thereto. 107. Every service, production or deposit, which should an assessment roll quashed for the illegalities it contains. Q. B. C, Montreal^ 3rd February, 1880, Dorion, C. J., Monk, Ramsay, Caron, J. J., Raf/e et al., and The Corporation of the township of Stoke, 24 L. C. J., p. 213. I Held :— Thit a writ of prohibition can be obtained only for excess of jurisdiction, and muxt be addressed to an inferior Court and not to the officers of a corporation. S. C, Montreal, 20th November, 1873, Johnson, J., Beawlry and The Recorder's Court \of Montreal, Sexton, Recorder, 5 K. L., p. 223. I Held:— That the Circuit Court is not authorized to decide [the validity of a valuation roll, because art. 100 applies only [to acts done by the council and not to those who have prepared [the roll, and who are simply municipal officers. C. C., Mont- trcnl, 31st March, 1873, BeaudrVf J., Laurent vs. The Corporation [of the village of St. Jean Baptxste, 17 L. C. J., p. 192 : 4 K. L., p. 1684. See note under art. 339, 460, 698, 708, 809, 814, 1015, 1061 and 11007. \ 36 MUNICIPAL CODE. BK. I. TIT. I. be made at the office of the conncil, may be made with eqnal ralidity to a reasonable person at the domicile of the secret tary-treaAnrer, or to the secretary-treasurer personally. In such ease, however, the receipt cannot be demanded unless the production or deposit has been made with the secretary 'treasurer personally. (1) Bectiok II. — Of the Members of the Council, 108« Every member of the council, so soon as he is appointed, must make oath well and faithfully to discharge the duties of his office. (1) . 100« The oath which the head of the council shall have taken as councillor, does not exempt him .from taking the oath of office as mayor or warden. 110. {As substituted by S. of Q., 1883, 46 Vict., ch. 28, ». 1.) An entry of the taking of the oath of office by coun- cillors and the head of the council, before one of the officers mentioned in article 6, shall be made in the minute book of the council. 110a* The oath of office of the councillors and of the head of the council may be taken before a justice of the peace, or before the head of the council then in office, and an entry thereof must be made in the book of the proceedings of the council. 111. A member of the council does not enter upon the discharge of his duties, until he has taken the oath of office. 112. The omission during fifteen days on the part of any member of a council to take the oath required for the office to which he has been appointed, constitutes a refusal to | accept such office, and renders him subject to the penalties prescribed in such case. 1 ind 1 sub the met (1) In a petition to a municipal council to have a by-'aw annulled, it was alleged that certain members of the council had voted for the same, contrary to their conviction, for motives of personal interest and popularity, on account of the elasticity of their conscience, and in contempt of their oath. Held, that these allegations are dilTamatories, and ^ve right to an action, because they were not essential, nor has it been proved that they were made without malice , nor were they lustiAed by reasonable or probable cause. S.C. K., Quebec, 30th December, ISSO, Meredith, C.J., Stuart, Caron, J J.| Lavergne and Laxnesse, 6 Q. L. B., p. 241. CH. I. OF THE MUNICIPAL COUNCIL. 37 ;h eqnal e secre- manded ith the 8 he is ischarge ill havo Ling the I. 28, g. y coun- officers book of ;he head leace, or ,n entry ;s of the pen the f office. of any le office usal to enaltie^ by-'aw icil hatl tive8 of bicity of at these )ecau8c ey were able or eredith, I, IRit) p. 113« The councillors do not receive any salary, profit or indemnity, in any shape whatsoever, for their services. 114. The members of the council are unable to hold any subordinate offices under any municipal council of which they are members, or under the county council, if they are members of one of the local councils of the county munici- pality. 115. No member of a council can be surety for the per- formance of the duties attached to an office under the council of which he forms part. 116* Every member of a council appointed in the place of ano'^her, whether it be as head of the council or as coun- cillor, holds office for the retnainder only of the period for which his predecessor had been appointed. 117* Any person appointed a local or county councillor, who illegally refuses to accept such office or to continue to perform the duties thereof, incurs a penalty of twenty dollars. 118. A member of council is deemed to have refused to continue to perform the duties of his office when he, for two months, refuses or neglects without, in the opinion of the council, reasonable cause, to discharge the duties of such office. 119. Any member who refuses to accept the office or to continue to perform the duties of the office to which he has been appointed in the council, or who is unable to perform such duties for three consecutive months, through abser-ce, illness, infirmity, or otherwise, may, at any time, until the vacancy caused by his refusal or incapacity to Act be filled up, resume his duties and perform the same, if he is able to do so, without prejudice in any case to the costs of proceed- ings instituted ngainst him, in the event of any such pro- ceedings having been instit^oited. 120. No vote given by a person filling, illegally, the office of member of the council, and no Act in which he partici- pates in such quality can be set aside solely by reason of the illegal exercise of such office. (1) (1) Held :— That municipal councillors who after the termina- tion of their office, are sued in damages for any act by them done in the exercise of their offlcft as councillors, are entitled to the notice mentioned in the art. 22 C. C. P. (C. C, Quebec, 2nd 9\ h -i' M Il^' ■ " "" ^ 38 MUNICIPAL CODE. BK. I. TIT. II. Section III.— Prot7t«to»« sjr^ciallif applicable to the Stead of the Council, .: 121. The head of the council exercises the right of super- intendence over all \he officers of the municipality, sees to the faithful and impartial execution of all municipal ordin- ances and by-laws, and communicates to the council any information or suggestion which he considers conducive to the interests of the municipality or its inhabitants. 122. He signs, seals, and executes, in the name of the council, all debentures, contracts, agreements or deeds made and passed by the corporation, unless the council provide otherwise. 123* It is his duty to read to the council, in session, all circulars or communications addressed to himself or the coun- cil by the lieutenant-governor or by the provincial secretary, and, if it be required by the council or by the lieutenant- governor, to make them public in the municipality, in the manner required for public notices. 124. He is also bound to furnish to the lieutenant-gover- nor, on demand, all information concerning the execution of the municipal law, and all other information which it maybe in his power to give with the concurrence of the council. 125* The head of every council is, ex officio, without other qualification and without being obliged to take the oaths prescribed for such office, a justice of the peace within the limits of the municipality wherein he exercises his office, so long as he continues in office. " He is incompetent to hear and decide all cases in which th'e corporation or its officers are interested parties. Section IV. — Of the Sessionu of the Council. - ;• 126. Special sessions of any municipal council may be convened at any time by the head or by the secretary-treas- urer or by two members of such council, by giving special notice of such session to all the members of the council, other than those summoning the same. (1) October, 1879, Casault, J., Morissetfe et al., vs. The Corporation of the village of Bienville, and The Corporation of the village of Bienville vs. Nadeau et al, 5 Q. L. R., p. 36^). See notes under art. 4, 283 and 100. Held :— That the presence of a councillor at a meeting co- CH. I. OF TBB MUNICIPAL OOUVOIL. 39 he Head of t of super- jt sees to pal ordin- )uncil any iducive to me of the leads made lil provide session, all r the coun- secretary, ieutenant- ity, in the ant-gover- cecution of I it may be >uncil. hout other the oaths (irithin the 8 office, so which th'e I. il may be ary-treas- ig special ncil, other ■orporation village of leeting co- 127* At a special session the subjects or matters mention- ed in the notice calling the council together can alone he ^fikcn into consideration. The council, before proceeding to business at such session, must set forth and declare in the minutes of the sitting con- tained in the book of its deliberations, that the notice of meeting has been issued in conformity with the requirement of this Code to all the members of the council who are not present at the opening of the sitting. If it appear that the notice of meeting has not been served on all the absent members, the session must be immediately closed, under penalty of all its proceedings being null. 128. Every session commences at the hour of ten in the forenoon, unless otherwise determined by the notice of the meeting, by an adjournment, or a by-law or resolution of the council. 129. If the day fixed for an ordinary session by the provi- sions of this Code or by municipal by-laws, falls upon a holi- day, such session is held on the next following judicial day. 130. The sessions are held with open doors. Until other- wise ordained, in virtue of article 467, each session consists of one sitting, unless adjourned. 131. The sessions of the council are presided over by its head, or in the event of there being no bead, or in his default to act, or in his absence, by one of its members, chosen from the councillors present. In the case of an equal division of vers the default of notice. C.C.. Montreal, 12th March, 1872, J/oo- kapy J., Loiseau vs. Lacailte, 2 R. C, p. 236 ; S. C. R., Quebec, 3l8t December, 18^3, Meredith, C. J., Caaault, Caron, JJ., Paris vs. Couture, and Paris vs. Brisson, and Lalihert^ V0. Bamabi^ 10 Q. L. K., p. 1. (1) Held :— That at the special sessions where all the council- lors are present, they may, with the consent of all, consider mat> ters other ihan that mentioned in the notice of convocation, and notice is not necessary if all the councillors who can act are pre- sent. 8 C.R., ^te6ec,3l8t December, IH^Zy Meredith, C.J .,CaHault and Caron, JJ. Paris vs. Couture, Paris vs. Brisson,hndLalibert6 vs. Bamab4, 10 Q L. R., p. 1. In Pattison vs. The Corporation qf Bryson, C C. Portage du Fort, 1886, Paphifan, J., 9 L. N., p. 1(39, it has been held that a inmiicipal oouncU convened for a special session, cannot, evpu where all members of the council are present, take into consi- deration anything other Uian the speciiU object of the meeting. *i| 40 MUNICIPAL CODE. BK. I. TIT. II. votes in the choice of a presiding officer, the member present chosen by lot presides at the council board. (1) 132. (As amended by S. of Q. of 1878, 41-42 Vict., ch. 10, 9.6.) The presiding officer of the council maintains order and decorum and decides questions of order, saving an appeal to the council. He has and may exercise, subject to an appeal to the coun- cil, all powers conferred by article 301, on the presiding offi- cer at an election. 133. Every disputed question is decided by a majority of the votes of the members present, excepting in case where in conformity with the provisions of this Code, the votes of two- thirds of the members of the council or of the members pre- sent, are required. 134. (Aa amended by S. of Q. of 1882, 45 Vict., ch. 35, «. 4.) The chief of the council and the president, if they be also members of the council, may vote each time a question is put to the vote and in case of an equal division of votes, he has, in addition, the casting vote. If the presiding officer be not also a councillor he can only vote in the case of an equal division of votes. Ic case of an equal division of votes the preseding officer is always bound to give the casting vote. (1) 135. No member of a council can take part in the discus- sion of any question in which he has a personal interest. The council in case of dispute decides whether the member has or has not a personal interest in the question ; and such member has no right to vote on the question of his interest. This article dees not apply to the appointment of the head of the council nor to the naming of committees. (1) (1) Held :— That the mayor has a right to the notice mention- ed in art. 22 G. C. P., when he is prosecuted for damages, but he looses that right when there is bad faith on his part. 8. C., Sorelj 20th October, 1874, BUanger^ J., Ferland vs. Xatour, 6 R. L., p. 77. (2) Held :— That the mayor of a local council has the right to vote during the sessions over which he presides only when there is equality of votes. C. C, Quebec. 1881, Caron, J., Lemieux vs. Cantiii, 7 Q. L. K., p. 16 and 4 L. N., p. 158. (3) In Lemieux vs. Cantin^ C C, 1881, Caron, J», 7 Q. L. R., p. 16, it has been held that a municipal councillor may, at the time the mayor's election, vote for himself. »er present ct., ch. 10, ains order an appeal ) the coun- siding offi- lajority of e where in tes of two- nbers pre- , ch, 35> 8» ley be also tion is put es, he has, e can only ig officer is he discus- erest. The iber has or h member f the head ) e mention- ;es, but he irt. 8. C, itour, 6 R. le right to vhen there emieux vs . fty L. B., p. at the OH. I. OF THE MUNICIPAL COUNCIL. 41 136* If the majority of the members of a local council have a personal interest in any question submitted to their decision, such question must be referred to the county coun- cil, which in respect of the consideration and decision of such question, possesses all the rights, privileges and obligations of the local council. 137- Members of the council are not permitted to vote by ballot : the votes are recorded in th& minutes of the proceed- ings of the council, when required. By the Act to prevent bribery and corruption in municipal affairs, 1886, 49-50 Vict., ch. 23. it enacted that ; 1. Kvery person who shall, directly or indirectly, promise, offer, give, or furnish, or cause or abet in causing to be promised, offered, given, or furnished, in whole or in part, to any member of the municipal council, of any city or town, or to any officer of such municipality, before or after he shall have been qualitied and have taken his seat or entered upon his duty, any moneys, goods, right of action, or other thing, or any thing of value, or any pecuniary advantage, present or prospective, or a share in any contract or undertaking, with intent to influence his vote, opinion, judgment or action on any question, matter, cause, or proceeding which may then be pending, or may by law be at any time brought before him, in his ofhcial capacity, shall be liable to a flne of not less than five hundred dollars, if the sum of money or value of the goods, right of action, or other thing pro- mised, offered, given or furnished, do not exceed the said sum of tive hundred dollars, and if the sum or value is more than live hundred dollars, then any such person shall be liable to a flne equal to such sum or value, but not to exceed flve thousand dol- lars, and. in default of payment, to imprisonment in the common goal until such flne be paid. 2. Every person in this section referred to who shall accept any );ift, promise or undertaking, under any understanding that his vote, opinion, judgment or action shall be influenced thereby in any question, matter, cause or pro«5eedinc then pending, or which may by law be brought before him, in his oflicial capacity shall t)e liable to a fine of not less than flve hundred dollars, if the gift, promise or undertaking accepted dops not exceed in value the sum of five hundred dollars, and, if the value exceeds the latter sum, every such person shall be liable to a fine equal to such value, but not to exceed five thousand dollars, and in default of payment, to imprisonment in the common gaol until such tine be paid ; 3. In municipalities other than those above mentioned, the penalty shall be double the amount so offered or accepted, pro- vided it be not less than twenty, nor more than one hundred dol- lars ; 4. Upon judgment finally renderd against him, the person con- victed of the offence shall forfeit his office and shall further be disqualified from holding any public office in the province. i ■M ^2 IftKIOIPAL CODB. BK. I. TIT. II. 189. Any ordinary or special session can be adjourned by the council to any other hour of the same day or to a subse- quent day, without it being necessary to give notice of such adjournment to the members who were not present, excepting in the case of the following article. 130. Two members of the council, when there is not a quo- rum present, may adjourn the session at the expiration of one hour from the time it was established that there was no quorum. The hour of the adjournment and the names of the members of the council present must be inscribed in the mi- nutes 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 timo of adjournment. The service of this EOtice must be established 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 notice renders every proceeding adopted at such part of the journed 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. »_«___« CHAPTEE SECOND. • * OP THE OFFICERS OF THE MUNICIPAL COUNCIL. Section I. — Of the Secretary- Treaiiurer. 14d* Every municipal council must have an officer entrust- J8. Every person offending against any of the provisions of the preceding section shall be a competent witness against any other person ortendlng in thp same transaction, and may be compelled to appear and give evidence before any Court in the same manner as other persons ; but the testimony so given shall not be used in any proceeding against the person so testifying. 3. The penalties enacted in this act may be recovered by any Serson suing as well in his own behalf as on behalf of Her [ajesty, and two-thirds of every such penalty shall belone to the Grown for the uses of this province, and the other third to the party suing for the same, unless the suit is brought in the name of the Crown only, in which case the whole of the penalty shall belong to Her Majeity Ibr the niee aforesaid. ay session OH. II. OFFICERS OF THE MUNIOIFAL OOUNCIL. 43 cd with the care of the office and the archives of the council, and designated by the name of ** secretary- treasurer." In every newly-formed municipality the secretary-trea- surer must be appointed by the council within thirty days after the entry into office of the majority of the new coun- cillors. 143. The secretary- treasurer remains in office during the pleasure of the council. 144. (As amended hy S. of Q. o/1878, 41-42 Vic, eh. 10, ». 7.) Every secretary-treasurer, before acting as such, must make oath to discharge well and faithfully the duties of his office and must, within thirty days next following, give security, in the manner prescribed by this code. Nevertheless the want of security shall in no wise prevent the secretary-treasurer from performing the duties of this office ; but the members of the council under whom he acts, who have not exacted or demanded such security, shall be jointly and severally responsible in the same manner as are the sureties in virtue of article 147. 145. The secretary-treasurer may, from time to time, appoint under his hand, an •' assistant-secretary-treasurer," who may perform all the duties of the office of secretary- treasurer, with the same rights, powers and privileges, and under the same obligations and penalties as the secretary- treasurer himself, except as regards giving security. In the cases of a vacancy in the office of secretary-trea- surer, the assistant-secretary-treasurer must continue to per- form the duties of the office until the vacancy is filled. The assistant-^ecretary-treasurer enters into office after making oath to discharge well and faithfully the duties of such office ; he may be removed or superseded at will by the secretary-treasurer. In the performance of his functions he acts under the res- ponsibility of the secretary-treasurer who appointed him and of the sureties o*' such secretary-treasurer. (1) § I. — 0/ the security furnished hy the Secretary-Treasurer. 146. The secretary-treasurer furnishes either one or two sureties, whose names are first approved by resolution of the council. ^. PI (1) See voter under art. 296. ^^mmmim u MUNIOIPAL CODE. BK. I. TIT. II. 147* The sureties bind themselves jointly and severally with the secretary-treasurer, towards the corporation, for the due performance of the duties of his office and for the pay- ment of all moneys, for which the latter in the exercise of his office may be accountable, whether principal, interest, costs, penalties or damages. 148. One of the obligees must hypothecate, in and by the security-bond, property belonging to him personally for the payment of a sum determined by resolution of the coun- cil and exigible under the provisions of the preceding article. This hypothec may be given in the same instrument by more than one of the obligees, or upon more than one pro- perty. The properties offered must be previously accepted by resolution of the council ; nor can they be accepted 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. 149. 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, aoua aeing privi, before two witnesses who sign the same. Such security-bond, any law to the contrary notwithstand- ing, constitutes a hypothec on the immoveables, therein des- cribed, so soon as it shall have been registered in the office of the registration division in which such immoveables 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 transmit a copy thereof or a duplicate thereof to the head of the council, together with a certificate of its enregis- tration. 150. The sureties of the secretary-treasurer may, at any time, by giving notice in writing of their intention to the secretary-treasurer himself and to the head of the council, free themselves from future liability under their bond, at the expiration of thirty days after the service of such notice. This notice is given and served by a notary, or by the surety himself in a writing delivered in presence of one witness who signs the same. 151* The secretary-treasurer must, within thirty days after the service of such notice, furnish other sureties in lieu OH. II. OFFICERS OF THE MUNICIPAL COUNCIL. 45 of those who have withdrawn ; in default 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 pro- vision. 152. Whenever one of his sureties dies, becomes insolvent, or removes his domicile outside the limits of the district, the secretary-treasurer must, so soon as he becomes aware of such fact, inform the head of the council, in writing thereof, under a penalty of one hundred dollars ; and he must supply the place of such surety within the thirty days next follow- ing. In default of his so doing ho cannot perform any of the duties of his office, under the penalties prescribed by the pre- ceding article. 153. The sureties of the secretary-treasurer, after they are freed from future liability under their bond, or after the secretary-treasurer has ceased to discharge the duties of such office, may exact from the head of the council a certificate of dischrge for the future, which certificate, after registration thereof, discharges thenceforth the immoveables hypothecated by such security-bond. 154. The head of the council is authorized to give and sign 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 person, who has been surety for any secretary- treasurer, can 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. 155a. (Added hy S. of Q. of 1878, 41-42 Vict., ch. 10, *. 8). The secretary-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. (1) 156. The secretary-treasurer is the keeper of all the books, registers, plans, maps, archives, and other documents (1) See in the appendix as to the duties imposed to the secretary-treasurer by the statutes in relation to schools, jurors and Juries, licenses and voters' lists for the provincial elections. iW 46 MUNICIPAL CODE. BK. I. TIT. II. and papers, which are either the property of the corporation, or are produced, tiled and preserved in the office of the council. He cannot divest himself of the custody of these archives, except with the permission of the council, or under the authority of a competent Court. (1) 157* He attends at all sessions of the council and draws up minutes of all the acts and proceedings thereof, in a register kept for the purpose, and called ''The Register of Proceedings." (2) 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 secre- tary-treasurer. Whenever a by-law or a resolution is amended or repealed, mention must be made thereof in the margin of the register of proceedings, and opposite such by-law or resolution, together with the date of its amendment or repeal. 158. Copies and extracts certified by the secretary- treasurer from all books, registers, archives, documents and papers preserved in the office of the council, are evidence of their contents. 159. The secretary-treasurer collects and has charge of all moneys due or payable to the corporation. (3) 160* He pays out of the funds of the corporation all sums ■ (1) In Cramp and The Mayor et al., of Montreal, Q. B. C, Mont real, 16th March, 1877, Dorion, C.J., Monk,l{amsay, Sanborn and Tessier, J J., 21 L. C J., p. 249 and 1 L. N., p. 212, it nas been held that the secretary of a council cannot be bound to produce into Court the original documents and registers relating to the ques- tion in issue. See in the same sense, S. C, Montreal, 13th Sep- tember, 1876, Torrance, J., Workman vs. The City of Montreal, 20 L. C. J., p. 217. in which the Court has refused to order the secretary to produce into Court a valuation roll. (2) In Martin vs. The Corporation of the county of Argenteuil, C. C, St. Scholastique, 2nd April, 1884, Belanger, J., 7 L. N., p. 139, it has been held that the secretary was not bound to enter immediately, at the time of the meeting, in the register of the deliberations, the resolutions and by-laws of the council, but he conld inscribe them on loose sheets to insert them in the register after the meeting. (8) A city secretary-treasurer cannot take a note for the pay- ment of municipal taxes. S. C, Montreal^ 30tb September, 1871, Mackay, J., DwncUne vs. The CcrporatioH qf MotUrealt 1 K. C » p. 475. OH. II. OFFICERS OF THE MUNICIPAL OOUNOIL. 4t of money due by it, whenever he is authorised to do 8o 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 council or from the head of the council, it is his duty to pay, out of the funds of the corporation, any draft 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 sum therein mentioned. (I) 161. No secretary-treasurer can, under a penalty of twenty dollars for each infraction : 1. Grant discharges to rate-payers or other persons indebt- ed to the corporation for municipal taxes or other debts, without having actually received in cash or in lawful value the amount mentioned in such discharges ; 2. Lend, directly or indirectly, by himself or by others, to rate-payers or other persons whatsoever, moneys received in payment of municipal taxes or belonging to the corporation. 162. {Aa amended by S. of Q. of 1882, 45 Vict., ch. 36, s. 1.) The secretary-treasurer is bound to keep, in the form prescribed by the provincial secretary, books of account, in which he enters, according to date, each item of receipt and expenditure, mentioning therein the names of all persons who shall have paid money into his hands, or to whom he has made any payment. He must preserve and file amongst the archives of the council all vouchers for his expenditure. 163. The secretary-treasurer is bound to keep a ** reper- tory," in which he mentions in a summary manner and in the order of their dates, all reports, proc^s-verhaux, acts of apportionment, valuation rolls, collection rolls, judj^raents, maps, plans, statements, notices, letters, papers and docu- ments whatsoever, which are in his possession during the exercise of his office. (I) Held :— That a secretary-treasurer of a municipal corpora- tion, cannot, in absence of special provisions of law authorizing him to do so, sign promissory notes, or accept bills of exchange. ^.Q.. Montreal, 7th December, 1878, Rainville, J., Martin, vs. The Corporation qfthe city qfHuM et al., 9 B. L., p. 512. ■p mmm 48 MUNICIPAL CODE. BK. I. TIT. II. 164. {Ab amended by S. of Q. of 1878, 41-42 Vict.^ ch. 10, «. 9.) The seoretary-treasurer's books of account and vouchers for his expenditure, together with all the registers or docu- ments in his possession as archives of the council, are opened for inspection and examination on office days, between the hours of nine in the morning and four in the afternoon, to members of the council, to municipal officers, to every inter- ested party, and to all rate-payers of the municipality, or their attorneys. Such persons, either themselves or by their attorneys, may take either with a pencil or with a pen, all notes, extracts or copies which they may require. (1) 109. 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 com- pany, which shall have filed in the office of the council a gen- eral application to that effect, and shall have made such prin- cipal place of business known, a certified copy of every pub- lic notice, by-law, resolution or joroc^s-tjertn^ filed for homo- logation or homologated which affects such corporation or company, as well as a certified extract, from the valuation roll, including the valuation of the taxable property of such corporation 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 art. 471, and unless other- wise fixed by the provisions of this Code, are ten cents per hundred words, and fifty cents for the certificate. The secretary-treasurer nevertheless is bound to furnish gratuitously any copy or extract required by the lieutenant- governor, or by the council or his officers. (1) (1) Before the amendment, it had been held that a secretary- treasurer can refuse the rnte-payers to take themselves, extracts from the regist«>rs and other documents deposited in his office, and that these registers and documents were only subject to in- spection and examination by the interested parties and members of the council. C). C, Chateauguay, 15th May, 1873, Z>unil'in, J., Qagnier vs. Vanier, 4 K. L., p. 568. (2) The secretary-treasurer of a municipal corporation is not bound to dispossess himself of original documents formiDg part CH. II. OFFICERS OF THK MUNICIPAL COUNCIL. 49 106. (i4« »uh»tituted by S. of Q. of 1878, 41-42 Vict,, eh, 10, «. 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 oamply with the provisions of the preceding article, he may be sued by the corporation to render such account, before any competent court, and may be in such action condemned to render account and to pay damages for such refusal or neglect. lie must be condemned to pay the sum which he has admit- ed to be due, or which he has been declared to owe, together with all such other sums as he ought to have debited himself with or which the court holds him accountable for, with in- terest 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 imprisonment if the same has been demanded in such action of account. 168. (Aa auhntituted by S. of Q. of 1872, 36 Vict., ch. 21, #. 4, and aa amended by S. of Q. of 1878, 41 Vict., ch, 18, ». 7, by S. of Q. of 1878, 41-42 Vict., cA. 10, ». 11, and by S. of Q. of 1832, 45 V'tt-e., ch. 36, «. 2) The secretary-treasurer of every local municipal council is bound, yearly, between the first and thirty-first day of January, following the year during which the valuation roll is made, to transmit to the provincial 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 tnx'>tio»i J 4. \ he estimated value of the property declared liable to taxation, by article 710 j 5. T' number of persons paying taxes ; 6. lue number of arpents of valued land ; 7. The rate of assessment in the dollar imposed for all purposes whatsoever; 8. The value *" the property of the corporation ; 9. The deben lures of the corporation ; of the corporation records to produce them into court as exhibits in a case. Q. B. C, Montreal, 16th March, 1877, Dorion, C. J., Monk, Ramsay Sanborn ot Tessier, JJ., Cramp and The Mayor et al. of Montreal, 21 L. C. J. , p. 249 and 1 L. K., p. 212. U 00 HUNIOIPAL CODE. BK. I. TIT. II. 10. The amount of taxes collected within the year, includ- ing 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 debts ; v , 16. The amount raised by loan witliru the year; 17. The amount recbived from the Government under the seigniorial act; 18. The interest paid on debentures ; 19. The expenditure on salaries, and other expenditure for municipal government ; 20. AH other expenditure ; 21. The number of persons resident in the municipality ; 22. And every other statement which the lieutenant-gov- ernor in council may require. 168a. {Added by S. of Q. of 1872, 36 Vict., ch. 21, ». 4, and 09 amended by S. of Q. of 1882, 45 Vict., ch. 36, ». 3.) The secretary-treasurer of every county council is 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 corporation ; > 3. The corporation debentures ; 4. The capital amount due to the consolidated municipal loan fund ; 5. The amount of interest due on such loandj 6. 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 expenditure for municipal government ; 11. All other expenditure ; 12. And every other statement which the lieutenant-f.over- nor in council may require. 1686. (Added by S. of Q. of 1872, 36 Vict,, ch. 21, e. 4, and fis amended by S. of Q. o/ 1882, 45 Vict., ch. 36, s. 4.) The commissioner of agriculture and public works shall annex to hie ftSQual report, made under chapter fifteen of 32nd r, includ- Qunioipal inder the liture for pality ; lant-gov- 21, 9. 4, 6, 8. 3.) DO bound, it to the >o ration j lunicipal nder the iture for it-f,over- 21, *. 4, 5, 8. 4.) 11 annex of 32nd OH. II. OFFICERS OF THE MUNICIPAL COUNCIL. 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. 169. (As replaced by S. of Q. of 1882, 45 Vict., ch. 36, ». 5.) Every secretary-treasurer or clerk of a council of a local municipality or of a village, town or city council, who ne- glects or refuses to comply with the provisions of article 168, and furnish all the information set forth in the forms pres- cribed by the lieutenant-governor, in council, or by the pro- vincial secretary, if such forms have been addressed to him by the provincial registrar in the course of the month of December preceding, is liable to a fine of not less than fifty 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 de- mands originated. 171. (As amended hy S. of Q. o/ 1878, 41 Vict., ch. 18, ». 8.) The ofiice of the secretary-treasurer is established in the place where the sessions of the council are held, or in any other place fixed, from time to time, by resolution of the Cv'>uncil ; provided the same be not in an hotel, inn, or place of public entertainment in which are sold spirituous, vinous, or fermented liquors. H72. The secretary-treasurer and the assistant-secretary- tre.isurer are also officers of all courts established in the pro- vince, and may be dealt with as such by them, whenever such courts deem it necessary. . - , ; • Section II. — Of the Auditor 8, 173. Every municipal council is bound to name one or two auditors in the month of March of each year. 174. The auditors enter on their functions as soon as they ave sworn to discharge well and faithfully the duties of their office. They remain in office until the entry into ofiice of theirsuc- CeSSOrS. „ • -< ;.J *^ :, ?'•:•(. ,-•.. . .;_ \, !,♦ 179. No one can be appointed an auditor who is unable to read and write. ® to ri ^r i. fii:i 52 MUNICIPAL CODE. BK. I. TIT. II. I t 176. (^» amended hy S. of Q. of 1878, 41-42 Vict., ch. 10, #. 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 subject falling within the jurisdiction of the council. Section III. — 0/ appointments by the Lieutenant-Governor, 177. U« amended hy S. of Q. o/ 1878, 41 Vict., ch. 18, ». 9.) Whenever a municipal council has allowed the prescri- bed delay 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 lieatenant-gover- nor in council may make such appointment, with the same effect as if it had boen made by the council. This article does not apply to the secretary-treasurer. 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 addressed to the provincial secre- tary. Any rate-payer of the municipality may give this informa- tion to the lieutenant-governor. I 179. All appointments made by the lieutenant-governor must be notified to the head or to the secretary-treasurer of the council, by letter from the provincial secretary ; and the secretary-treasurer is bound at once to inform the person ap- pointed thereof, by special notice. 180. (As amended by S. of Q. o/ 1878, 41 Vict., ch. 18, ». 9.) The lieutenant-governor in council can only appoint to muncipal offices, persons eligible for the offices which they are called upon to fill. 181. The lieutenant-governormay revoke any appointment of a municipal officer made by him ; and, if he deems it neces- sary, replace such officer by another. Section IV. — Miscellaneous Provisions. 183. The council, in addition to those whom it is bound to appoint, may appoint all such other officers as 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 offices, until they are placed under the provisions of this code. CH. II. OFFICERS OF THE MUNICIPAL COUNCIL. 53 184. If the place of any municipal ofiBoer becomes vacant, such vacancies must be filled by the council within the thirty days next following. 185. Every appointment or removal of a municipal officer* made by the council, is made by resolution of the council > such resolution must be communicated without delay, 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 his duties, must do so within the fifteen days which follow the notice of his appoint- ment. In default of his so doing, he is deemed to have refused to discharge the duties of the office 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 up, enter upon his functions and exercise the same, if he is capable of doing so, without prejudice to costs of proceedings instituted against him. 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 person who has taken such oath. 188. No act, duty, writing or proceeding, executed in his official capacity, by a municipal officer, who holds office ille- gally, can be set aside solely from his so holding such office illegally. 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. 190. Every officer appointed to replace another, holds office only for the remainder of the time for which his pre- decessor was appointed. 191. (^Aa amended by S. of Q. of 1882, 45 Vict., ch. 35, ». 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, and all the moneys, keys, books, papers, insignia, documents and archives, belong- ing to such office. 19S. {As amended by S. of Q. of 1882, 45 Vict., ch. 35, ». PIP M MUNICIPAL CODE. BK. I. TIT. II. 6.) If any xnunioipal 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 corporation is entitled in addition to any other legal recourse whatsoever, to recover by process of revendi- cation, from such officer or his representatives, all such moneys, keys, books, insignia, or archives, with costs and damages. Every judgment rendered in any such action may be enforced by coercive imprisonment against the person c(^n- demned, whenever such imprisonment is demanded by the action. 104. The corporation may exercise the same rights and obtain the same remedy against all other persons having in their possession, and refusing to deliver up such moneys, keys, books, insignia, and archives. 195. Every person who refuses or neglects to obey any lawful order of any municipal officer, given in virtue of the provision of this Code or of municipal by-laws, incurs for each o£fence a penalty of not less than one or more than five dollars, saving cases otherwise provided for. Every person who hinders or prevents or attempts to hinder or prevent, a municipality officer in the exercise of his functions, incurs for each offence a penalty of not less than two nor more than ten dollars, and is further respon- sible for all damages caused by him towards those who have sustained them. 196. Every municipal officer in whose hands is deposited or filed any document whatsoever, is bound, on demand, to give a receipt therefor, under the penalty pr'»scribed in article 103. Should the document deposited or filed form part of the archives of the council, it is the duty of the municipal officer, with all possible speed, to file it among them, under the same penalty. 197. 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 pro- vided for. CH. in. lirNIOtPAL OFFICES. elf from bin one he office insignia, held by ny other revendi- lU such >sts and may be son ccTn- by the ;hts and Lving in moneys, bey any e of the curs for lan five opts to rcise of lot less respon- 10 have posited and, to article of the officer, e same than )y the e pro- 108. The council cannot, in any manner, discharge 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 the council, in the executions of the functions in which they are employed, and also for all damages resulting from their refusal to discharge or negligence in discharging their duties, saving its recourse against such officers. 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 penal- ties incurred by them are concerned, which penalties may be recovered according to the rules of the second title of the third book. (1) CHAPTEE THIRD. OF PERSONS BOUND TO ACCEPT MUNICIPAL OFFICES, AND ^ OF THOSE INCAPABLE OF OR EXEMPT FROM ^. DISCHARGING THEM. Section I. — Of persona hound to accept Municipal Offices, 201. Whosoever is capable of discharging any municipal office in the municipality, and is not exempted 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. Every male resident of full age in a municipality, not declared disqualified by a provision of this Code, is capable of discharging a municipal office. Section II. — Of persona disqualified for Municipal Officea, 203. The following cannot be appointed to or fill muni- cipal offices : (1) Held :— That the mayor is a municipal officer, in the sense of this article. Q. B. C, Quebec, 7th December, 1876, Dorion, O.J., Monk, Ramsay, Sanborn, JJ., Morin and Gannon, 9 B. L., p. 673. m f f\ 66 MUNICIPAL CODE. BK. I. TIT. II. 1. Minors ; 2. Persons in holy orders, and the minister of any religious denomination ; 3. Members of the Privy Council j 4. The judges of the Court of Queen's Bench, 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 navy, and the officers or men of the provincial police force ; 6. Keepers of taverns, hotels or houses of public entertain- ment, or persons who have acted as such within the twelve preceding months. 204. {As amended by S. of Q. of 1872, 36 Vict., ch. 21, «. 5.) Whosoever has no domicile or place of business in a municipality is incapable of exercising any municipal 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 having, directly or indirectly, by himself or his partner, any contract or interest in any contract with the corporation, can be appointed a member of the council of the said corporation, or act as such. (1) Nevertheless a shareholder in any incorporated company, which has any contract or agreement with any corporation, is not disqualified from acting as a member of the council of such corporation. The word ''contract" used in the first provision of this article does not extend to any lease, nor to any sale or purchase of lands, nor to any loan of money, nor to any agreement respecting any of these acts. 206. Other disqualifications, relative to certain municipal offices, are prescribed in the provisions respecting these offices. . ' 207* Whoever has been appointed to any municipal office for which he becomes disqualified during his exercise of such office, is bound to give without delay, at the office of the council, a notice alleging the reasons of his disqualification and tendering his resignation. Until such notice is given, such person is deemed to have (1) See note under art. 135. ' i% OH. III. MUNICIPAL OFFICES. religious of the , district avy, and itertain- e twelve Ji. 21, #. ess in a >al office reasurer, ranee or vices, or ner, any tion, can )oration, ompany, ►oration, )uncil of of this sale or to any inicipal these lal office I of such of the Ification lo have continued in the exercise of such office, and is liahle 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 holding the same is notorious or suffi- ciently established, the council may by resolution declare the office of such person vacant, saving any recourse on the part of the person appointed. The vacancy must then be filled in the ordinary manner and within the delay prescribed. (1) Section III. — Of peraona exempt from Municipal Offices. 200. The following persons are not bound to accept any municipal office, nor to continue to hold the same : 1. Members of the Senate, of the House of Commons, of the Executive Council and of the Provincial Legislature ; 2. All civil functionaries, the employees of the Federal and Provincial Legislature, and the officers of the militia staflFj (2) 3. Advocates, notaries, provincial land surveyors, physi- cians, apothecaries and teachers, engaged in their respective professions ; 4. Licensed pilots and persons engaged in navigation ; 5. Any miller, being the only person employed as such in a mill ; 6. Persons of over sixty years of age j 7. Gaolers and keepers of houses of confinement or correc- tion or of reformatories ; 8. All persons employed on iron or wooden railways. 210. Any person, having discharged any municipal office, during the two years next preceding, may refuse to accept any office whatever under the same council during the two years next after such service. (\) In Part* vs. Couture^ Paris vs. Brisaon and Laliherti vs. Bamabi, S. C. R., Qiiefeec, 31st December, 1883, Meredith^ C.J., Casault and Caron^ JJ., 10 Q. L. R., p. 1, it has heen held that vacancies resulting from incapacity only must be declared vacant before being filled. (2) Hbld : — That the employees of <.he board of cullers are civil functionaries within the meaning of this article, and as such exempt from municipal offices. C. C, Quebec, 28th October, 1882, Caron, J., The Corporation of St, Romiiold vs. McNaugh' tatit 8 Q. L. R., p. 336. 7P 68 [ MUVIOIPAL OODB. [bK. I. TIT. II. 211. Any person, actually engaged in an'office under any municipal council, may, while ho|i8 discharging {the duties of such situation, refuse to accept any other office under the same council. 212. Any person, who has paid a penalty for refusal to accept any municipal office, is exempt from filling any office whatsoever, under the same council, during the period for which he had beon'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 exemp- tion, is bound to lodge in the office of the council, a special notice to that effect, within the fifteen days following the notification 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. CHAPTER FOURTH. OF MUNICIPAL NOTICES. Section I.— G^enerai Provisions, 214. Every notice given, under the provisions of this Code or of the orders of a municipal council, or for municipal purposes, must be drawn up, and published or served, in accordance with the formalities prescribed in this chapter. 215. {As substituted by S. of Q. of 1878, 41-42 Vict., ch. 10, s. 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 parti- cular cases, in which a special notice must be given in writing. 216. All 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 municipality ; 2. The names and signature of the person who gives it, and his official capacity ; 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 ; CH. IV. OF MUNICIPAL KOT10E8. 50 given res it, Iressed ; it was 6. The place, day and hour in which those summoned to answer such notice, must do so. 917. Public notices are published ; special notices are served. 218* Every copy of a notice in writing, which must be Served, published, posted up or read, is attested either by the person who gives such notice, or by the secretary- treasurer of the corporation under whose control such person acts. 919. 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. 990. 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 notice 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 officer charged with making such services, and if not by his special oath. This certificate is written either on the original notice or on a paper annexed thereto. 291 • In the case of a special notice given verbally the affirmation under oath of the person who served such notice, taktjo the place of the certificate of service ; this affirmation is only required in case of contestation and must contain the object of the notice. 999. Every owner of land or rate-payer, domiciled with- out the limits of a municipality, may, by a special notice filed in the office of the council, appoint an agent to represent him for all muuicipal purposes. 993. Any person who has acquiesced in that which is required by a notice, or who has in any manner whatsoever become sufficiently acquainted with its tenor or object, cannot ^hereafter avail himself of the insufficiency or informality of shch notice or of the omission of its publication or service. (1) (1) See note under art. 761] ^ 60 MUNICIPAL CODE. BE. I. TIT. II. ■ ! ' ii Sbction II. — 0/ Special Noticet, 224* Every special notice must be drawn up or given in the language of the person to whom it is addressed, unless such person speaks a language other than French or Eng- lish. The special notice addressed or given to any person who speaks neither the French nor the English language, or who speaks both of these languages, is given to him in either lan- guage. 225. The service of a special notice given in writing, is effected by leaving a copy of the notice with the individual to whom it is addressed, in person, or with a reasonable per- son at his domicile or at his place of business, even when it is occupied by him in partnership with some other person ; except in cases where the service is made by mail. 226* Every special notice in writing addressed to an ab- sent proprietor or rate-payer, who has appointed an agent 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 ap- pointed, every such notice is served by lodging in the post- office of the locality, a copy thereof in a sealed and registered envelope addressed o the absent proprietor or rate-payer or to any other agent he m^y have appointed. 227* A special verbal notice is given by the person who should give if, or on his behalf, to the individual to whom it is addressed, in person, or to a reasonable person at his domi- cile, or at his place of business, provided such individual is domiciled within the limits of the municipality. If such individual is absent, the special verbal notice in- tended for him is either communicated to his resident agent, if he has appointed one, or is given to himself personally or to a reasonable person, at his domicile, or at his place of busi- ness, if not, the notice must be communicated by post as a special notice in writing. 228. No one is bound to give a special notice to any pro- prietor absent, who has not appointed an agent, unless such proprietor has made known his address in writing by filing the same in the office of the council. 229. Special notices may be served between the hours of seven o'clock in the morning and seven o'clock in the even- ing, _and even upon holidays. CH. IV. OF MUNICIPAL NOTICES. 61 iren in unless r Eng- n who ir who er lan- ing, is ividual tie per- vhen it person ; an ab- 1 agent i agent, )en ap- le post- ;istered ayer or on who horn it s domi- dual is ice in- agent, ally or f busi- st as a »y pro- 3S such filing )urs of even- Special notices, however, cannot be served at places of business, except upon juridical days, and between the hours of nine in the morning and four in the afternoon. 330* If the doors of the domicile or place of business, where service of a special notice in writing should be made, are closed, or if there is no reasonable 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 a special notice, dates exclusively from the day on which such notice was served. Skction III. — Public Noticet, 333. {Aa amended by S. of Q. o/1882, 46 Vict., ch. 35, f. 7.) The publication of a public notice for local municipal purposes, is made by posting up a copy of such notice at two different places in the municipality from time to time deter- mined 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 worship, 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 prin- cipal door of such church. 333. When a rural municipality is adjacent to a city, town or village municipality, incorporated under any act whatso- ever, 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. 334. The local council may also, by resolution, fix one or more localities in the municipality, or in a neighboring city, town or village municipality, if such city, town or vil- lage 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 divine service, if such service has been held. The omission to read this notice does not invalidate the p 62 liVKIOlPAL CODE. BK. I. TIT. II. pnblioaiion of the notice, bat the persons who were bound or who undertook to read it thereby incur a penalty of not less than two nor more than ten dollars. 885. 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 addressed. 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 notice, may, by letter, order the secretary-treasurer of each such local municipality, after having transmitted to him as many cop- ies of such notice as are requisite, to provide that the same be posted up and read as required, 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 published in one or more newspapers, such notice must be inserted in news- papers published at least once a week in the county, if any there be, if not, in newspapers of the district, or of the neigh- boring district, if no newspapers are published in the first district. The same rule applies when such notice must appear in two newspapers published in diflferent languages. 237. No notice can be inserted in English and in French in newspapers published in one of these languages only. 238. Every public notices convening any public meeting or for any object whatever, must be given and published seven clear days before the day appointed for such meeting or other proceeding, except in cases otherwise provided for. (I) 230. Except in cases otherwise provided for, the interme- diate 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 ordered that the notice must be published in a newspaper, the intermediate delay dates from the day of the first insertion of such notice ; if the notice is published in several newspapers upon different days, the intermediate delay dates from the day of the first insertion made in the newspaper which published such notice last. In all cases the day on which the notice was made public does not count. (1) See note under art 806. ;ice IS the irtion . In does OH. v. LANOUAOfiS TO BS USED III TDK COUNCIL. 63 940. 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 roaideuts, except in oases otherwise provided for. CHAPTER FIFTH. OF THR LANOUAOBS TO BK USED IN TUB COUNCIL AND IN MUNICI- PAL PROGBBDINQS. 341* In the sessions of council, whoever has a right to be heard, may use either the French or the English language. 24S« The books, records and proceedings of every muni- cipal council are kept, and all certificates of publication or service, and every other document produced or filed in the office of the council, are written in either the French or the English language. 243. (Ag amended by S. of Q., 1883, 46 Vict., ch. 28, «. 2.) In any municipality for which there is no order of the Iieute~ n'ant-governor in council, in virtue of the tenth section of the consolidated municipal act of Lower Canada, or of the following article, the publication 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 Freuch and English languages. ** In every local municipality for which there is such an order, the publication of every notice, by law, resolution or order of the county council, and of every notice from the secretary-treasurer of the county council, by poster, by reading, or in the newspapers, may be made only in the language prescribed in such order in council, in place of being made in English and French." (1) 244. The lieutenant-governor, by an order in council, upon a petition being made to him to that efifect by any municipal council,' may declare that the publication of any public notice, by-law, resolution or order of the council, in (1)Held : That the notices can be published in one language only, in the municipalities where, before the municipal Code an order of the governor in council authorized it. *^. C. R. Que- bec, June, 1883, Stuart, C.J., Casault, J., Andrewn, J., O'Shaugh' nessey vs. The CorporcUUm of Ste* ClotUde of Horton, 11 Q. L. B., p. 152. tm mmm 64 MUNICIPAL CODE. BK. I. TIT. II. I such municipality, except such as are required to be made in the Official Gazette of the province, shall bo 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 effect has been given to the inhabitants of the municipality. A copy of such order by the lieutenant-governor in council, 18 transmitted without delay to the secretary-treasurer of the municipality to which it applies. 245. 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 may be published solely in the language ordered thereby, except in the Official Gazette of the pro- vince. (1) Nevertheless, the simultaneous use of any other language does not render the document published in such language invalid. I ! (1). In O'SIiaughiiessy vs. The Corporation of Ste. Clofilde of Horton, S. C. R., Quebec^ June, 1885, Stttart, C. J., Casault, Andrews, J . J., 11 Q. L. R., p, 152, it has been held that by art. 1207» C. C. " The Official Gazette of Quebec " containing the order in Council mentioned in this article makes evidence of what i ) contained in such order. ; TITLE TUT HO. PARTlCULAiv RULES APPLICABLE TO COUNTY CORPORATIONS. CHAPTER FIRST. OP THE COUNTY COUNCIL. General ProvigioHH. S46. Tho county counoil is composed of the mayors in oflRce of all the local municipalitsos in the couaty which arc subject to the provisions of this Code. Such mayors bear the title, in the county counoil, o» ''county councillors." 247. The bead of the council is called the " warden," and is chosen from among the memberft who compose the council. Section I. — Of the Warden. 248. Tht; Warden is appointed by the members of the county council, during the month of March in each year. In a county municipality, Mcwly established, the appoint- ment of the tirst warden takes place at the first general session of the council held after the corporation is organized, or at the special session convened for that purpose iu conformity with article 257. 249. When the OiHce of warden becomes vacant, the coun- cil must proceed to the appointment of a new warden at the next general session, or sooner at a special session convened for that purpose. 230. Whenever the county council allows the delay for the appointment of a warden to expire without making such appointment, the lieutenant-governor may make the appoirt- ment 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 tho same until the appointment of his su 5cessor, except in the case mentioned in thy-followiiig nrtio'e : 252. The warden appointed by the council may be at any time removed ^'rom his office by a resolution approved of by D I" 66 MUNICIPAL CODE. BK I. TIT. III. the vote of two-thirds of the members of such council, pro- vided that his successor be appointed at< the same time and by the same resolution. 258. The appointment of a warden made by the council may be objected to and contested by the members of the coun- cil 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 war- den, and refuses illegally to accept such office, incurs a pen- alty of forty dollars. •♦ 255. In every newly organized municipality, until the ap- pointment 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 discharged by the registrar of the county, saving the provisions respecting the presidency at the council board. Section 11.— 0/ the Sessions of County Councils. 256. The ordinary or general sessions of county councils are held on the second Wednesday in each of the months of March, June, September and December, any by-law in force at the time of the coming into effect of this Code to the con- trary 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 tirst session is convened by the registrar of the county, and presided over by him until the appointment of the warden. 258. The sessions of the council are held in the chief-place of the county. If, at the time of the convocatK»n of the first session of the council by the registrar, the chief -place has not been deter- mined upon, such firft sefjiion is held at the place chosen by the registrar, and the council continues t<> hold its sittings there until the chief-pl.ice has been fixed upon. 359. {Ax rrplavrdby S. J Q.of IHH.'i, 46 Vict., ch. 28, *. 3.) '» The quorum of the council is live, if the Ynrmbers coinpos- ir^g it number eight or over, and, if less, the majority is the quorum." CH. II. OF COUNTY DELEGATES. 67 mncils ths of force con- place H 3.) lajjos- is the 260* The notice of convocation of the special sessions of the county council, as well as the notice of adjournment in the case prescribed by article 1.39, must bo given to the mem- bers of the council at least ten days before the day fixed for the session, or the resumption of the adjourned session. Such notice may bo forwarded by registered letter through the post; the ih' stage thereof being prepaid. CHAPTER SECOND. OF COUNTY DKLKOATES. Sk<'TU)N I. — General Proviftionn, 261. The delegates of every county corporation are three in number. These delegates exercise the powers and fulfil the duties which dov^^ve upon them in virtue of this Code, in conjunc- tion witli r.bc delegates of other county corporations con- cerned. 262. (yls substituted by S. of Q. of 1878, 41 Vict., ch. 18, a. 10.) The warden is ex-officio one of the county delegates. The two other delegates are appointed by the council from amongst its members after the entry into office of each new warden. 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. Whenrver any one of the delegates dies, or becomes incapacitjitted from attending to his duties during two con- secutive months by absence, sickness or any other cause, or refuseti to fulfil such duties during a like period, the council appoints another delegate 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 dele- gates whom it is bound to appoint under the two preceding articles, within thirty days after a demiiiid made upon it to that effect, such delegates may be appointed by the lieuten- ant-governor in the manner set forth in articles 177, 178, 179, 180 and 181 ; subject, however, to the provisions of article 101. i 68 MUNICIPAL CODE. BK. I. TIT. III. 265. {Repealed by S. of Q. of 1878, 41 Vict., c. 18, *. 11.) Section II. — Of the Board of Delegates, 266. The board of delegates ie composed of the delegates from each of the county municipalities, of which the inhabi- tants or some of them are interested in any work or matter which comes under the jurisdiction of the councils of such municipalities. 267. The board of delegates sits, for the purpose of taking into consideration and deciding matters within its jurisdiction, whenever required so to do, or whenever it deems necessary, in following the formalities prescribed for the summoning of the meeting. 268. The delegates meet at the time and place indicated in the notice of meeting given to them. 209. The meeting of the board of delegates is convened* upon a requisition in writing, by two members of the board or by the secretary-treasurer of one of the county munici- palities. 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 convenes the same. 270. Any person interested in a question submitted or about to be submitted to the board of delogateg may require the secretary-treasurer of one of such county municipalities to convene a meeting of the board of delegates, if a meeting of such board lias not already been convened, to be held with- in the fifteen days following. 271. {A8 amended by S. of Q. of 1882, 45 Viet., e. 35, s. 8.) The secretary-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 diiferent counciln, the secre- tary of the board is appointed by the delegates and must be the socretary-treasuietof one of the county municipalities. The seert'tiiry keeps unnutes of the proceedings of the dele- gatosj and deposits the same with al! other documents of the J CH. II. OF COUNTY DELEGATES. 69 ;d or uire ities rith- board in the archives of the council whose officer he is ; and he forwards a copy to the office of each of the other county councils interested. The secretary-treasurer of each county council shall forward to each local council interested within the county municipality a copy of every decision of the board of delegates. 272. Three of the delegates summoned to the meeting form a quorum of the board. 273. The meeting is presided over by any one of the dele- gates 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. 274. Every disputed question is decided by the vote of the majority of delegates present, including that of the chairman. In the event of an equal division of votes, the chairman has also the casting vote. (I) 275. Articles 100 and 102 apply also to all documents, orders or proceedings of the board of delegates. Articles 97 and 103 are also applicable to the board of delegates. (1) Held :— That if all the members of the board of delegates present do not vote, on the homologation of a proc^s-iJerbaJt the decision must be declared null and irregular ; that in case the decision is annulled because all the delegates present did not vote, the Court, on an appeal, will not render tl e judgment the board should have rendered, I ut will annul their decision, and the parties will proceed, according to law, to bring again, before the board of delegates, the proces-verbal to be homologated. C. C, St. John, 6tlJ March, 1875, Chayiion, J., The Corjxrrafion of the Pariah of St. Alexandre vs. MaHloux et al., 7 It. L,, p. 417. tiled the the uich ard. e re- be 'i«- thc U .i^ C). fl TITLE FOURTH. RULES COMMON TO EVERY LOCAL MUNICIPAL CORPORATION. CHAPTER FIRST. OP 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 three years, except in the cases of articles 116 and 279. 278. At the first general municipal election held after the coming into force of this Code, as well as at the first general election held in every local municipality erected thereafter, or in which there is no council in operation, seven councillors must be elected, or, in default of election, appointed, and they go out of office and are replaced in the manner set forth in the following article : 279. Of the seven councillors elected at such election, or appointed by the lieutenant-governor in default of an elec- tion : 1. Two must be replaced at the time of the next general municipal election ; 2. Two others at the same period in the year which follows that lastly mentioned ; 3. And the three last, also at the same period in the following year. And so on, in such manner that two local councillors must be elected or appointed two years consecutively, and three, every three years. 280. {As amended by S. of Q. of 1872, 36 Vict., ch. 21, # 6.) The councillors mentioned in paragraphs one and two of the preceding article must be selected by lot at « session of the council, in the month of December preetiding the month of January in which they must be replaced ; ia de- OH. I. OF THE LOCAL COUNCIL. 71 1, - two Hi on fhe de- fault 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-gov- ernor when they are to bo 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," the municipality, of the council, or of sufficiently indicated in the document. 2S2. Every local councillor remains in office from the taking of his oath of office until the time of the general municipal election, at which he is to be replaced, and not beyond that period. when the name of the corporation is Section II.- Of persona disqualified from acting as cillors. Coun- 283. (^As amended hy S. of Q. o/ 1871, 35 VicL, eh. 8, ». 2, hy S. of Q. of 1878, 41-42 Vict., ch. 10, s. 15, and by S. of Q. of 1882, 45 Vict., ch. 35, s. 9.) No one 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 muni- cipality, 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 any councillor present, such councillor shall, within eight days, give in writing and under oath, a declaration of qualification, con- taining the description of the real estate on which he bases his qualification, and deposit it in the office of the council. (1) (1) In Henderson vs. Loravger^ S. C, Montreaf, April, 1871, Markath Jm 1?» !. C. J., p. 143, it was held that, unuer ch. lOJ article*l)97 and seq. and 1017 of the C. C P., a petitioner iv'-suing a writ of qiio warranto iu term cannot proceed in vacation, but only during term. 72 MtmiCIPAL CODE. BK. I. TIT. IV. i| 294. Nevertheless, any person domiciled in a village, town or city municipality incorporated by 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 office in the municipality in which his domicile is situated. 285. No one actually presiding at an election of couneil- loTi can be elected councillor at such election. Section III. — 0/ Sessions of the Council. 286* In every newly organized municipality, the first session of the council is held at the time and place indicated by the warden of the county, in the notice of appointment which he addresses to the person whom he appoints to preside at the first election of the municipality. If the councillors or some of them have been appointed by the lieutenant-governor, such first session is held at the time and place fixed upon by the person to whom the letter com- municating the appointment of the councillors has been ad- dressed. Until the appointment of the mayor, such first session is presided over by one of the councillors who compose the new oounoil. Suoh session is an ordinary session of the council. 287* Ordinary or general sessions of the council take place, also, on the first Monday in each month, unless it be other- wise 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 the council. 290. The notice of convocation of every special session of In Loiseau vs. Lacai/te, G. C, Montreal, 12th March, 1872, Mackay, J., 2 R.C.. p. 236, it was held that the mere fact, by a councillor, of leaving his domicile or place of business in the municipality, makes his office vacant and that a by-law to divide the municipality into electoral divisions, adopted by four coun- cillors amongst whom is the councillor whose office wj^s vacant is null ; that art. 120 is to protect the rights of third parties against the council, in case where, by inadvertence, an illegal vote has been admitted. / I f CH. Ill, EfiEOTlONS OP LOCAL COUNCILLORS. 73 the local council, as well as the notice of adjournment in the case prescribed by article 1 39, mast be given to the members of the council at least two days before the day fixed for the session or the resumption of the adjourned session. CITAPTRK SECOND. OP MUNICIPAL ELECTIONS. 291. (Afi amended by S. of Q, 1878, 41-42 Viet., ch. 10, s. 16, and by S. of Q, 1886, 49-50 Kic^, ch. 21, ». .2) Every person who possesses, at the moment he exercises such rights and privileges, the following conditions is a municipal elector, and as such has the right to vote at the election of local councillors, and to exercise all the rights and privileges con- ferred on municipal electors by the provisions of this Code, subject to article 497 : 1. lie must be of the male sex, have attained the age of majority, and be a British subject ; 2. He must have been in possession, in the municipality in 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, farmer or lessee, or as occupant by any title whatsoever of 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; "or at a previous period which any council may fix by by-law, provided that such date be not fixed before the fifteenth of December; " 4. His name must be entered in the valuation roll, if there is one in force in the municipality, either as proprietor, lessee or occupant. (1). CHAPTER THIRD. ELKCTIONS OF LOCAL COUNCILLORS. Section I. — Time of holdinr/ General Elections ; Notice re- quired therefor. 292. The general elections for all local municipalities take place every year, on the second Monday in the month of Jan- uary, at ten o'clock in the morning. I • • • I - II I I I 1 II - i II - f i- ■ ■ I — ■ I mam\ Miiwai <■■—.—■ n i ■_ j u^ujm (1) See notes under art. 311, 346 and 349. ■^p 74 MUNICIPAL CODE. BK. I. TIT. IV. 293. {As amended hi/ S. of Q. 1878, 41 Vict , ch. 18, a. 12, and S. of Q. 1885, 48 Vict., ch. 28, /». 6.) In every newly eroctcd local municipality, the first general election of councillors must bo held at the same hour, on the day fixed by the war- den of the county, which day shall not be less than fifteen nor more than thirty days after the territory falls within the conditions required to form a new municipality in the case of articles 29, 31, 35 and 37 ; and in the case of articles 32, 37a and 39, the first general election must be held, in the same manner, on a day which shall not be less than fifteen nor more than thirty days after the date of the publication of tho resolution. The subsequent general elections of such municipality take 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 muni- cipality, 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. (1). 295. {Aa amended by S. of Q. of 1872, 36 Vict., c. 21, a. 7, and by S. of Q. of 1882, 45 Vict.,ch. 35, a. 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 one of the persons who have neglected to give such notice within the prescribed delays incurs a penalty of not less than five or more than twenty dollars. (2). ■ - (1). In Brousseau vs. Brouillet, C. C, Montreal, 3rd February, 1872, Beaudry, J., 2 R. C, p. 234, it was held before the ampud- ment to art. 295, by J 6 Vict., ch. 21j s. 7, that the want of notice prevents the meeting of the municipal electors from being held, ev- n if this want of notice is caused willingly by the secretary- treasurer, in order to have the councillors named by the lieu- tenant governor. That the fact that the day and hour for the meeting was generally known, and that the electors attended a meeting at the day, hour and place required by the Code, in larger numbers than in previous years, and that there was no in- lustice, has not the effect of making valid the holding of the meet- ing, and that the lieutenant-governor could name the councillors. (2). In Marquis et al. vd. Cbui^^ard et al , G. C, QueheCt 8th CH. III. ELKOTIONS OF LOCAL COUNCILLORS. 75 8th Section II. — 0/ the Officer presiding at the Elect iont, 296. The election of local councillors is presided over by a person appointed to do so by a resolution of the local coun- cil. He may be one of those members of the council who do not go out of office at the time. If no one is appointed to preside at such election, or if the person appointed is absent, the secretary-treasurer of the council is ex-ojfficio the presiding officer at the election (I). 297. The first election of a newly organized municipality 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 person who should preside thereat and the secretary-treasurer are both absent, or if neither has been appointed, the meeting is pre- sided over by the senior justice of the peace, or, in the ab- sence of a justice of the peace, by any person at the meeting chosen by the majority of electors present. 299. The person presiding at the election cannot vote thereat, except in the case specified in article 321. 300. The person presiding at an election of councillors is a keeper of the peace from eight o'clock in the morning of the day on which the meeting of municipal electors is held. March, 1876, Dorion^ J., 10 Q. L. R., p. 98, it was held that the fact of not giving notice in English does not make the election void, if no person is damaged by the ab ence of such notice. (1). In Olobensky vs. Champagne^ G. C, St. Scholastique. 16th February, 1872, Berthelot, J., 2 K. C, p. 236, It was held that the election of local councillors presided over by one of the members of the council goine out of office, will be declared null. In Morrier vs. Hasconi, Magistrate's Court, Bagot, Lanctot, magistrate, 7 R. L , p. 140, it was held that the deputy secretary- treasurer can preside at a meeting as well as the secretary- treasurer himself. Ill Marquis et al. vs. Couillard et al., C. C, Quebec, 8th March, 1876, Dorimi, J., 10 Q. L. R., p. 98, it was held that the fact of a councillor being named by the council to act as presiding officer at the election does not lessen his power but increases it. In Legault vs. Paienient, U. C, Montreal, 5th March, 1872, Mac- hay, J., 2 R. C, p. 235, it was held that the choice unanimously made at a meeting of a presiding officer at the election, is valid, notwithptanding the presence of the sfccretary-treasurer, even when such person nominated is not an elector. IMAGE EVALUATION TEST TARGET (MT-S) A "^ V 1.0 I.I ^^•^iU 11112.5 '" *" ill ^ i:^ IIIIIM 1.8 1.25 1.4 ^ 6" - ► 4^^ ^ (^^ V] /: /A '^ o / Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, NY 14580 (716) 873-4503 76 VUnCflPM. OODI. BE. I. TIT. IT. lil ontil nine o'oloek in th« morning of tlie day whioli follows the close of the election. He possesses in this respect all the powers of jastioes of the peace, and may exercise them throughout the whole municipality. SOI. (At amended fty S. of Q, 1885, 48 Via., eh. 28, «. 7.) The presiding officer at the election may, moreoveri for the purpose of preserving peace and public order : 1. Swear \m aa many special oonstables as he deems neces- sary j 2. Reqiih« the assistance of all justices of the peace, con- stables, or other persons residing in the municipality, by yerbal or written order ; 3. Commit on yiew to the custody of a coostab!'^ or of any other person, for a period of not more than forty-eight hours, any one breaking the pence or disturbing public order ; *' To cause such offender to be imprisoned upon such con- viction in the common goal of the district, or in any house or other place of detention within the limits of the municipal- ity of the county, for a period not exceeding ten days." (1). SOS. Within the three days next after the close of the el<«Qtion the '>fficer presiding must give, to each of the coun- cillors 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 elected, designate the time and place of the first session fixed upon by the warden of the county. If the hotter has not fixed the time or place for the session th« pre- siding officer himself does so. (1) In Triptmier, petitioner for Habea$ Corjmt, 8. O., Quebec, tSth January, 1885, MeCord, J., 11 Q. L. R., p. 86. It was heht, before the adoption of tlie amendment, that a presiding officer cannot condemn on vieit, to an imprisonment of ten days, in the common gaol, a person he alleges to have disturbed the public peace during a meeting of the electors, but he is authorised only to commit on view for 48 hours. In Tripanier vs. Cloutier, S. C, Quebec. 188ft, Stuart, J., It Q. L. R., p. 321 and 9 L. N.. 174, it was held that at the time of the meeting of the municipal councillors, the presiding officer has not the right to imprison, after the election, by an order in his handwriting, persons who disturb the meetings by their cries and threate when it hi establislMid that these persons did nothing but object to the nnlnst conduct of the presiding officer, and that in so doing he is Uaole in damage* for unjust imprison- Hient : that sneh ptesMhig officer cannot Imprison such persons, except after snmmaiy eo n f i o t l e » t if be 4ees net eemaiU them on view immediately. fl fl OH. in. BLBOTIOV OF LOOAL OOUHOILLORS. n <••• Within the eight dajs next after the elose of the election, the presiding officer must make the resalt of the meeting known to the warden or to the seoretar j-treasurer of the eonntj coaneil ; if there has been an eleotion of eonn- eillon, he must give at Uie same time the names, aar-names, qnalitj and reeidenoe of eaeh of the coonoillore. (1) S04* If a poll has been held, the presiding oflleer mast, within the said delaj of eight days, deliver up the poll books kept by him at such election at the office of the local eoancil, to be lodged among the archives of such council. ••9. Bvery person who has been appointed, whether 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 transmitting 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, he is no longer at liberty to refuse such office. S06. The services of presiding "officer at an election are given gratuitously, nevertheless, the council must reimburse all expenses necessarily incurred by him on account of the election, and may, moreoveri allow him an indemnity for his services. Sbction III. — Meeting of Municipal EUetore, S07 (ii« amended fry ^S". of Q. 1872, 36 Viet., ek. 21, «. 8, and fry S, of Q. 1885, 48 F»c(., ek. 28, «. 8.) The meeting of municipal electors is held at the place where the local eonno oil holds its sessions, and must be opened at the hour of ten in the forenoon, the day fixed for tne election. *' And the proceedings of svch meeting shall be reduced to writing, either on the books of the proceedings of the said council or in a document which will form part of the archives of the said council." Nevertheless, the conn 11 of a rural municipality whose ses- sions 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. (1) In noUeau vs. Pmulx, C. C, Montreal^ 4fh March, 1872, Maekau, J., 2 R. C, p. 236, it was held that it Is not neceetiary to proceed by improbation against a prods-verbal of an electoral miwtlng. 78 MUHIOIPAL CODE. BK. I. TIT. IT. If it it the first eleotion after the erection of a new mantoi- pality, the meeting is held at the place designated in the notice. 808. The presiding officer, after having opened the meet- ing, reqnests the electors present to propose those persons whom they wish chosen as local councillors. (1) 808* The presiding officer is bound to received and pro- Eose as candidates, the names of all persons submitted to im, whether verbally or in writing, by 'it least two of the municipal electors present. Nevertheless, no one can be proposed for election unless at the time, his name and sur-namo, as well as the names and sur-names of his' proposers are given. (2) 810. If, afttr one hour has elapsed from the opening of the meeting, as many candidates as there are councillors to be elected, or fewer candidates than the required number, have been proposed for election as councillors, the election is declared at an end, and the presiding officer proclaims the eandidates proposed for election duly elected. (3) (1) In Legault vs. Paiementt G. G , MantretU^ 5th March, 1872, MiMckaif, J., 2 R. G., p.. 235» it was held that at this meeting any municipal matter may be discussed. (2) In Boileau vs. Proutx,C. G., Montreal, 6th March, 1872, Mackay^ J., 2 R. G., 236, it was held that when persons are pro- posed as candidates by two electors who do not give their name and sur-name, but wno are notoriously known as electors (vis. : thecttt^ and the member of the House of Commons), the nominar tion must be received by the presiding officer ; that it is the duty of the |)r38iding officer lo ask for the names andsur-namesof the mover and the seconder. In Legault vs. Paiement^ G. G., Montreal ^ 6th March, 1872, Maekajft J., 2 R. G., p. 235, it was held that it is not necessary to propooe separately the candidates ; that the presiding officer is bound to propose as candidates, all those who are proposed verbally or in writing by two electors. In Morrier et al. vs. Rascmii. Magistrate's Gourt, Bagot^ Lanctot, Magistrate, 7 R. L.. p. 140, it was held that the inca- pacity to vote of electors who hiive proposed the candidates does not annul tbe election if no objection was made at the time the candidates were proposed and before the opening of the poll. In Bureau vs. f^ormandf 6 R. L., p. 40, it was held that the law does not require the presence of the candidates, at the time of the election, to examine their qualification. See note under art. 8i9. (3) In MeUmgtm vs. SglvtMtret 0. G. , St, HgacitUkef 23rd March, OH. III. ELBOTIONS OF LOCAL COtJNOHLORS. n Sll. One hoar after the opening of the meeting, if more candidates have been pat in nominaticn than there are eoan- cillors to be elected, the presiding officer, upon a requisition by five electors present, proceeds without delay to hold a poll and to enregister the votes of the electors present. Nevertheless, if among the candidates put in nomination there are any to whom there is then no opposition, the presi- ding officer declares such candidates elected, and the poll is held for the other candidates only. (1) 1870, Sicotttt J., 14 L. C- J., p. 217, it was held that, from the moment the prestdhiK officer at an election of municipal ooaii- cillore has declared the seven proposed candidates elected, the election is then dosed, and that electors who have come since cannot propose new candidates, nor can the president hold a poll; that If a poll is held in such a ca«e it will be illegal, and if any ppfson votes without having the right of doing so, aucording to law, they will not by this fact, incur the fine ox 930 prescribed by the section 6S of ch. 24, C. S. L. C. In Legault vs. Paien^eiUt C. C . Afonireai^ 5th March, 1R72, Jfoo- kawt J.. 3 K. C, p 236, it was held that the eandldates, to bo vMidly elected, must first be pat in nomination and af t«r a proper interval be declared elected t^ the presiding officer who reads aodibly the names of e^ch candidate, that an election is null, when the names of the seven candidates have been read onoe onlV} one or two minutes before eleven and when, before the end of such reading or the second one, if it has taken place, electors have proposed oUier candidates by amendment, whi -h 1)ropoeiilon was rejected by the presiding officer as coming too ate. In ffun^u va. Aiagnan, O. C, LAsamnptiom^ 26th January. 1871, Baetuirpy J., 2 R. 0., p. 284. it wss held that the presiding officer at an election can declare elected a candidate put in nomination which has no adversary, before an hour has passed since the opening of the meeting, and then he proceeds to hold poll itx the other candidates. In Marqui$etal, vs. CoiUllard et al., C. C. 0N«6ec, 8th March, 1876, Dorumt J-, 10 Q. L. R., p. 98, it was held that the delay to pat oandidatea in nominsUon is an hour from the beginning of the meeting, and that a poll can be asked for before and at the time of the explratitm of that hour, without it being neccHsary that a demand be made in writing for the holding ot a poll for the registration of the votes of the electors. See note under article 340. (1). In Bematchez et al. vs. Hamtmd, C. C, MoHtmagny^ 19th February, 1881, Angera, J., 7 Q. L. R., 26, it was held that the presiding officer at an election, who deprives illegally an elector of his riffht to vote, is liable in damages, and the municipal officer whose conduct denotes bad faith in the execution of hia duties, has no right to one month's notice. In 8i, Oeorae vs. O'tdowMt C. C, JoUefte, I4th February, 1885. Cimm, J., 9 L. N., p. 59, it was held that an election Is null 80 MfJVIOIPAL OODI. BK. I. TIT. IT. Sit. (i4« amended by S, of Q,, 1878, 41 Viet., ek. 18, «. 13, hjf S. of Q, of 1882, 46 Viet., eh. 36, 9.U»andby S, a/ Q. of 1886, 49-60 Viet., ck. 22, ». 1). In the abionoe of a demand from five electors present to the effect that a poll be held, the presiding officer declares elected councillors the candidates X when, nfter the time for the nomination has elapsed, the presiding officer at the election, after counting the present elect- ors faTonible to each candidate, refuses to hold poll, slthough asked by fire electors, and declares one of the candidates electml. In Liantte et al. vs. Laleneette et a1., C.G., Sorel, 17th March, 1879, Papineaiu. J., 10 K. L., p. 480, it was held that when a can- didate to the office of councillor has no opponent, he must be Ini- niediately declared elecred before holding of a poll for the other candidates, to wit, at the expiration of the first hoar following the opening of the meeting. In LcmmiMf A BtimTner, G.C., Sweetibwrg, 96th Febmarj, 1871, Dunkith J.. 16 L. G. J., p. 164, it was hpldthat. at the time the candidates are put in nomination, if any one contests the qualSfl- oation as electors of those who propose candidstis. the presiding officer most inquire and decide upon the qualification of the electors ; but if there is no such objection at the time for doing so, the president, after the poll has commenced, cannot change his decision and declare the nomination irregular for want of auaiificatiou on the part of the electors who proposed the can- idatet. • In Bexiire» tb. Turcotte, S.G., Ftt. fff/acinthe, 24th March, 1870, Sicotte, J., 2 R. L., p. 129, it was held that when a municipal elec- tion haa taken place by acclamation, it is no longer in the power oi Uie presidiiig officor to hold a poll, if asked for after procla- mation ; and IT a poll is held it has no elfect, and those who ▼ote at ndi a poll without having the qisality of electors are not liable to fine. In Martin vs. The Citv qf Montreal, S.C. Montreal, 11th De- cember, 1882, Dohertj/, 4., 6 L. N., p. 23, it was held that the depriving a rate-payer of the right to rote, by a municipal corpo- ration, giTes rise to an action for damages on behalf of the rate- payer. In aanwi k iMteam. Q.B.C., Mtmtreal, 20th September, 1882, JDoHoM, C. J., Monk, hamnay, Croen, Ht^, J.J ,6 L. N., p. 267, it was held that under the section 29, ch. 6, of tho S. of Q., 1878, 41 Vict., which amends the f>. 87, ch IS of the G. S. L. G , a poll will be held for the election of the school commissioners in the manner prescribed for the election of the municipal coun- cillors, (by art. 808. 309, 310, 811, 312, 313. 314, 316, 317, 318, .319, 320. 321 and 826 M. G.) ; that five electors must auk for a poll, and that if the election has taken place in such cireumatances asito cause the Court to believe that some electors have been deprived of their vote bv durpriaa, the election will ha annulled. Bee note under art. 340. OH. III. EL10TION8 OF LOOAL OOVirmLLORS. 81 who have the minority of electors present in their f»vor, after having established such majority by ooantin<; the eieotors present who are in favor of each candidate. " Twenty electors E resent may, however, immediately appeal from this decision y requiring a poll to be held." (1). SIS. The presiding officer, if a poll is opened, must enter or cause to be entered, in a book kept in accordance with the conditions hereinafter prescribed, and in the order in which they are given, the votes of the electors, by entering therein the names and qnalities of each. (2). 514. Every elector may vote for as many candidates as there are councillors to be elected in the municipality, or in the ward if the municipality is divided in virtue of article 617. (3). 515. Any person tendering h{ election was validly made on Hie valuation roll of 1H69 : *hat this latter had caused no injury, since the election could have no other result with the rolls of 1870and 1871. In Morrier et al. vs. Haaconit Magistrate's Court, Bapnt^ Lanctot, Magistrate, 7 R. L., p. 140, it was held that the omission of the quality of the electorfl in the poll t)ook is not a cause of nullity ox tho election if no inJuHice has resulted there- from, because this formality does not bear on the vote itself and doea not essentially affect the election. (3) In Huneau vs. Magnan, G. C. L^Asaomptum, 26th January, U71, Beaudry, J. ^ 2 11. C, p. 234, it was IiPld that a ceitaln number of electors may agreo that thoy will vote by list or ticket, and then the votes can bereglst red '' 'rsix candidates, although the elector has voted for one candid^* . only, the one whone name was flr^t on the ticket. In VennervB. Archer, S. C, Quebec. 17th May, 187B, CatauH^ J., 1 Q. L. R., p. 288, it was held that if an elector, who can vote twice, votes once only, he is presumed to have voted for only one candidate, and his right to vote again for anoth«>r candidate ia lost, but the prfsidlng officer atthe election, after having r^ celved the lecmid illegal Tote, caunot strike it off ; this right be- longs only totteOottii. 82 MUHIOIPAL OODK. BK. I. TIT. IV. li ■0 to do by him, by an eleetor, by any candidate, or by the representative of any candidate. (1) I swear (or I affirm) that I am entitled to talce part in this meetine, that I am duly qualified 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. SI 6. Any person voting at an election of municipal coun- cillors, without possessing at the time of giving his vote the aaalification of a municipal elector, incurs a penalty of twenty ollars. S17* Whenever the presiding officer does not understand the language spoken by one or more electors, he must appoint an interpreter, who, before acting, takes before such person presiding, the following oath : I swear (or affirm) that I shall faithfully translate the oaths, declarations, affirmations, questions and answers which the person presiding shall reauire me to translate, respecting this election : So help me Goa. SIS* Bach j^age of the poll -book must be numbered in writing, and initialed by the pers n presiding at the election. S19* If an elector take the required oath, or refuse to take the same, or if objection is made to his vote, mention of each of these facts must be made in the poll-book, in the following terms, — "sworn" — "refused" — or ** objected to," as the case may be. S90* The presiding officer at the end of the first day*s pol- ling, and at toe close of the election, but before proclaiming the candidates elected, must certify, under his signature, on il (1) In Z>a{6ec etal. vs. Portelance^ G. 0.. Quebec^ I8th July, 1879, Stitartf J., 6 Q. L. K., p. 17. it was held that the vote of a municipal elector registered after he had refused to take the oath required by this article is null ana must be declared such by the Court. In Ramaae vs. Lenoir dit Holland, Stole vs. The inme, and Renix vs. The »€tme, G. G., Montrealt3l»t May, 1871, Vorrance, J., IS L. G. J., p. 219, it was held that carters, engaged by the agent of the candidate at a municipal election, to carry electors to the polling plaoo, can sue tha agent and the candidate, jointly and severally, for the value of their serylces, for tbli contract ia not illegal as the law has not declared it so. OB. IT. APPOINTMBKT OP LOOAL 0OUN0ILLOR8. 83 the poll-book, the total number of votes entered, from the first to the last entry in the book, and also the total number of votes given for each of the candidates. (1) S91. In case of an equal division of votes, in favor of one or S2ore of the candidates, the presiding officer is bound to vote, even although he is not a municipal elector, under a penalty of not less than twenty or more than fifty dollars. SS9* If, at four o'clock in the afternoon of the first day of the poll, the votes of all the electors present have not been polled, the meeting is adjourned to the hour of ten in the forenoon of the following day, for the purpose of proceeding with the polling of such votes. 888. (A* amended by S. of Q., 1884, 47 Vict., eh. 18, «. 3.) The election must be closed at four o'clock in the afternoon of the second day. In a municipality having more than six hundred electors, however, an additional voting day shall, subject to article 322, be allowed for every three hundred electors eioeeding the number of six hundred. 884. If at any time after the votes have commenced to be polled, either on the first or on the second day of the said election, one hour elapses without any votes having been poll- ed the presiding officer must close the election. Nevertheless, if notice under oath is given to the presiding 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 expiration of one hour after such violence has ceased. 885* At the close of the election, the presiding officer de- clares such of the candidates as have obtained the largest number of votes duly elected councillors. CHAPTER FOURTH. and !, J., the )tor8 ate, tliii APPOINTMENT OF LOCAL COUNCILLOBS BY THE LIEUTENANT- OOVBRNOB. 886. Whenever: 1. A meeting of the municipal electors for the election of local councillors has not been neld within the time prescribed (1) See note under art 348. 84 MUHIOIPAL OODI. BK. I. TIT. IT. hj law, or by publio notice, if the election is to be held in ▼irtue of article 381, or the meeting having been held no election has been had : 2. Or an insufficient number of councillors has been elect- ed; Then it is the duty of the presiding officer at such election, or of the secretary •treasurer of the corporation, to inform the lieutenant-governor of such factor facts by a letter addressed to the provincial secretary^ within fifteen days after the time fixed for such election. Any municipal elector may give such information to the lie u te n an t-governor. S97* The lieutenant-governor, as soon as such information is communicated to him, uppoipts from among the qualified persons in the municipality, an equal number of councillors to the number required to be elected in the case of the first paragraph of the preceding article, or a sufficient number to complete the numoer of councillors required in the case of the second paragraph of the same article. When the municipality is divided into wards, in virtue of article 617, the lieutenant-governor can only appoint council- lors for those wards in which no election has taken place. S8S. The letter of the provincial secretary, wherein the councillors appointed by the lieutenant-governor are named, is forwarded to the secretary-treasurer of the municipality or to one of the councillors so appointed. The person receiving such letter must give, without delay, to every councillor named in it, special notice of his appoint- ment. If such appointment is that of the first councillors of a newly organised municipality, the person receiving such letter must, in the special notice gi /en to each councillor appointed at the same time appoint a time and place for the first session of the council. S99. The lieutenant-governor may cancel any appointment of eounoillors made by him, and, if he deems advisable, re- place such councillors by others. CHAPTER FIFTH. TBI APPOINTMBirT OF MATOB. SSO. At the first session after any goaenU manioipal elec- tion, or after any general appointment of councillors by the OH. TI. YAOAKCIIB IN TBI LOOAL OOUNOIL. as to the lieuten»iit-goTernor in the abMnoe of an election, the mem- bers preient, if they form a quorum, appoint as mayor of the corporation any one of the councillors possessing the neces- sary qaalillcations. SSI* 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 appoint- ed if he was not present at the election. SSS* If the appointment of a mayor has not been made by the oouncillors 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. SSS* The mayor remains in office from the moment he takes the oath of office until the appointment of his succes- sor. 554. Whosoever is appointed mayor and refuses illegally to accept or discharge the duties of such office, incurs a pen- alty of thirty dollars. 555. Nobody can be appointed mayor nor act as such, un- less he is able to read and write. (1) 556. 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 appointment, by the lieutenant-governor, in the ordinary manner, of a person able to read and write, and possessing the other qualifications re(][uired for the office of member of such council. CHAPTER SIXTH. ▼A0ANCIB8 IN THB LOCAL COUNCIL. Section I. — Vacancies in the Office of Councillor. 8S7. (At amended by S. of Q. of 1878, 41-42 Vict., ch. 10, t. 17.) The office of councillor becomes vacant in each of the following cases : (2) (1) In Turgeon vs. Moreau, C. C, Quebec, March, 1873, Stuart, J., 9 Q. L. R., p. 383, it was held that the provisions of this article must be taken in a liberal sense, and that a man who can only read or write with difficulty and by spelling, has not the quMiflcations required for the office of mayor. (3) In DmImQ wi. Fot^k^, S. 0., JConlrwU, Stst Deoember. 1881, Papineau, J., 11 B. L., p. 114, it was held that the vacancy 86 MUVIOIPAL OODB. BK. I. TIT. IT. 1. When a penon has been appointed ooaneillor who Is exempt from senring as such, or when a person discharging the office of ooanoillor becomes exempt during his oooupancy thereof, and such person has, in either case, complied with article 213 ; 2. In the case of refusal to accept or continue to 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 business is situated in a neighboring municipality, forming part of the same parish or township as the municipality for wnioh he is a councillor ; 4. When a councillor, after his appointment, has come under one of the disqualifications established by the law and has complied with article 207 ; 5. In the case of the councillor's absence from the local municipality, or of his inability to act through sickness, infirmity or otherwisct durinf the period of three months consecutiTcly, sulgect, however, to the provisions of article 119; 0. When the resignation of a councillor has been accepted by the council or when his office has been declared vacant in virtue of article 208 ; 7. In the case of death ; 8. When a councillor has neglected to make and deposit within the required delay, the declaration mentioned in the last paragraph of article 283, subject, nevertheless, to the application of article 119, in case he should make and deposit his declaration before proceedings have been taken to get the vacancy filled. SSS* Notwithstanding any vacancy in the council, the councillors remaining in office continue to exercise their f lowers and fulfil their duties as such, if they form a quorum, f, on the contrary, they do not fok?i a quorum, they cannot act as councillors unti! after such vacancy has been filled up. 8S9« At one of the sessions after the occurrence of such vacancy the council appoints by resolution, from among the inhabitants of the municipality, a person as councillor, who possesses the necessary qualifications to fill the vacancy. (1) mentioned in the articles 337 and 339 M. C, prevent? the coun- cillor from actinff as councillor, when the prcoeedini^ to fulfil this vacancy are begun. (1) lu Parii vs. Ckmture, Parii vs. BHwm and LtUiberti vs. OH. Tl. TA0AH0IK8 IN THB LOCAL OOUWOIL. 87 S40* If the eoanoil reftite or nagleot to All op a TMftney io the o9oe of coanolllor within fifteen days after speoial notice of the oocurreuoe of such raoanoy has been lodged at the office of the council by any elector, such vacancy is then filled ap by the lieutenant-governor, in oonformity with the rules prescribed for the appointment of councillors when no election has taken place. S41« Whenever, in consequence of any vacancies in the conncilf there are less than four councillors remaining in office, such vacancies can only be filled by tho lieutenant- governor, in the usual manner. Sbction II. Vaeaneiet in the Office of Mayor. 849* The office of mayor becomes vacant in any of the fol- lowing cases : 1. When the seat as councillor of such mayor becomes vacant ; 2. When the resignation of such mayor is accepted by the ooonoil, or when his office has been declared vacant under article 208 ; 3. In the case of refusal to accept, or to continue to fill the office of mayor, or that of county councillor ; 4. When a mayor has been appointed who is exempt from the office, or when the person filling the office of mayor becomes exempt during his occupancy thereof, and who has, in either case, complied with article 213 ; Bamabif S. R. C, Quebec, 31st December, 18S3, Meredith, C.J., CoMoutt, Carotit J. J., 10 Q. L. R., p. 1, it was held that the nomination of oouocillors made by the council to fill the vacancy of the councillors who cannot act by reason of sickness, absence or refusal to accept the office, must be contested under art 100, but cannot be annulled, because the election of the councillors who have apf>ointed them is illegal if such election has not been contested In Lizot*e et al. vs. LtUeneette, G. C Sorely 17th March, 1879» Papineau. J., 10 R. L., p. 480, it was held that the election of a municipal councillor is null, if it has been made by the people to fin the vacancy of an absent councillor before the office of such a councillor has b en deolired vacant bv the muni- cipal oouneil, which can alone proceed to replace the ubsent coun- cillor : that if such elected councillor wlios« election is con- tested admits the nullity of hi* 9lectit andexempt from fraud, although one i erson has been deprived of his right to vot« by the fact of this absence. In Venner vs. Archer, S. C, Quebec, 17th May, 1876, Casnult, J., 1 Q. L. R., p 28.3, it was hold that the payment of a sum of money to the electors for their trouble and expenses, and for the time they spent in going to vote, constitutes an act of bribery under the common law ; that a promise or a gift to a person for a vote which hp has not got, does not constitute aa act of bribery ; that on quo warranto th petitioner may aU«ge, genenUiy, ttiat I!-. OH. VII. OONTESTBD APPOIlfTMBNTS. 89 rNClL. S47* The appointment of the mayor may also be ooBtetted on the same ground by any member of the council. the defendant ha^ not the real and legal majority of the votos, and that it is for the defendant to prove that he has the right to hold his office ; but it is not the same on contestation other than a qtu> warranto. In Auctaire et Ptnrier, C.G., Waterloo^ 13th January, 1882. Buch- atiaHf J.f 28 L. G. J., p. ^1, it was held that a new election will be ordered when acts of corruption are proved to have been done bv the petitioner who was candi.iate and claimii the seat, or by his agents to his Icnowledge, even if it is proved the defendant has not the majority of the vot^, after striking off the illegal votes ; that the school monUily dues is a school tax in the sense of the art. 291 M. C. In FisetYB. Foumier, 8. C. R., Quebect 3l8t October, I8T7, Mere- tfiih^ C. J., Stuart et Canault^ JJ-, 3Q. L. R., p. 334, it was held that the right to hold a municipal office must be contested according to the provisions of the Municipal Code, and in the manner prescribed by the Code, and not by qito warranto. In l*ari.urt or ju<1ge obtained in the manner mentioned in article 908 ; and th^ same delays an- 1 formalities are observed in the proceeding as in the precedin); section. 1018. The complainant, m addition to the allegations concern- ing the usurpation and ille,i!ral detention of the office, may, in his petition, declare the name of the person who has a right to such office or franchise, and allege such facts as are necessary to show such right, and the Court may, in such case, adjudicate upon the claims of both parties. 1019. If the complaint is well founded, tho judgment orders the defendant to be ousted and excluded from the office, franchise or privilege, and condemns the defendant to pay a floe not exceed* MUNICIPAL CODE. BK. I. TIT. lY. S48* The examination and decision of snch contestation is vested in the Circuit Court of the district or county, or in i ! 1^ lug the sum of four hundred dollars, which must be paid over to the receiver-general of the province. 1020. If the complaint is dismissed, the complainant must be condemned to pay &V costs. 1021. Any person whom the judgment declares to be entitled to the oflice. or the franchise, may, after taking the oath of office, and giving ruch security as may be required by law, take upon himself the exercise of such office or franchise, and may demand of the defendant all keys, books, papers and insignia, in the pos- sessioQ or custody of such defendant and belonging to such office or franchise, and in the case of neglect or refusal to deliver up the same, the court may order the sheriff to take possession of such keys, books, papers and insignia, and to deliver over the same to the person adjudged to be entitled thereto, without pre- ludice to any criminal proceedings to which such defendants may oe liable. In Metro* vs. Trudeau et al., Q. B. C, Montreal, 27th May ,1885, Dorion. C. J., Monk, Tessier, Cross and Baby. J J., 8 L. N., p. 274, and 1 M. L. R., p. 347, it was held that under the provisions of the Act of Q., 1882, 45 Vict., ch. 29. s. 2, which enacts that for all the contestation of the election of the school commissioners, the proceedings to be adopted is the same as for Uie municipal elections and according to art. 846 et seq. of the M. C. ; that the contestation of the elections of the school commissioners must be brought before the Circuit Court or the Magis< rate's Court,such Courts having exclusive jurisdiction in this matter ; that the re- medy by writ of quo warranto^ established by C. S. L. C, ch. 15, 8. 40 and 41. and ch. 8S to protect the rights of corporations, is thence repealed that even if that remedy was still in force, the election of the defendants as school commissioners, without any act on their part to assume that office, wi:l not give lieu to a quo warranto. In Bureau vs. Normand, and Gouin et al., S. C, Three Rivers, 9th September. 1873, Sieotte, J., 5 R. L.. p. 40, it was held that the faults of the officers, which d > not affect the right or exercise of the vote, are cause of nullity only when the law so declares it ; and that any omission which does not pre- judice the free and entire exercise of tlie right to vote cannot render an election void. Procedures by quo warranto will not te rejected because stamps have not been put on the petition, and the Court will per- mit double stamus to be affixed. It is not necessary that the judge should order defendant to appear in the manner indicated in the petition. This petition takes the place of the declaration re- quireti by art. 50 C. C. P. In these proceedings the delay of three days to appear is sufficient according to art. 1000 CC.P. A petition addre8.»ed to the judge of the Superior Court, having turisdiction in the district, is a sufficient indication of the trf mnal and the judge. It is not necessary to put a number on OH. VII. 0ONTK8TED APPOINTMENTS. 91 station r, or in over to nuBt be titled to tt oflB(*e, le upon demand the pos- cli office (liver up Bsion of jver the out pre- luts may Iay,1886, [.,p. 274, rovisions that for Mloners. unlcipal that the rs must urt,8uch the re- .f ch. 15, itions. Is >rce, the lout any to a 9U0 , Three K it was ect the hen the lot pre- cannot because will p**r- )e judge k1 in the tlon re- Jelay of C.C.P. havinff the tri- nber on the Magistrate's CJourt of the county in which the municipa- lity is situated, to the exclusion of all other courts. (I) 8^9* Such contestation is brought before the court by a petition in which are set forth the facts and reasons alleged in support of the contestation. The petitioners may also in their petition indicate the persons who have a right to the office in question and state the facts necessary to establish such right. (2) the petition, especially when the writ bears one. Wnen the law does not declare that if one of the candidate's is not qualified and, for that reason, incapabln of exercising the office, the other eandidate although he has not the majority of the votes shall be declared elect^, the judge cannot declare it, and in that case a new election must take place. In Dubuc vs. Fortirif S. C, Montreal, 21st December, 1881, Papinenu, J., 11 K. L., p. 114, it was held that a plainliif , in an action QUO warranto, under the provisions of art. 1016 and seq. G. C. P., to have a municipal councillor's office declared vacant, is not incapable to proceed, becaus'* other persons obliged themselves to pay the costs for such an ajtion, if he is qualified fts an elector of tne municipality. In Stole vs. Rollatul, G. G.. Montmal, 31st May, 1872, Tor- ranee, J., 4 R. L., p. 465, it wes held that a person who hires a horse to carry the electors to the poll at a municipal election, can bring an action for the payment of the hire of his horse. See notes under art. 283, 291, 294, 309, 848, 349, 355, 616 and 809. (1) In Paris vs. Couture, Paris vs. Brisson, and Laliherti vs. Bamabif 8. G. R., Quebec, 31st December, 1884, Meredith, G. J., Gfuau//, J., Caroii, J., 10 Q. L. R., p. 1, it was held that an election or an appointment of a municipal councillor must be contested by a direct action, and that it cannot be incidentally attacked in the demande en nulliti of a resolution in which he concurred ; that the jurisdiction iiiven to the Circuit Court and the Magistrate's Court by thi:* article, to contest the election of the councillors by the electors, and the appointment of the mayor by the council, is, for reation of violence, bribery, fraud, incapacity or want of the observation of the essential formali- ties, exclusive of all other, and specially of that created by the article 1016 and seq. of the C. C. P. See note under art. 283. (2) Held : That the election of six municipal councillors, who have been elected as such at the srm<* time, may be con- tested by a single petition, even though the grounas of con'esta- titm are separate and diiierent as to each of the councillors. That in such a case a single bond of security for costs is suffi- cient. That the payment of all municipal and school taxes due at the 92 MUNICIPAL CODE. BK. I. TIT. IT. 850. A copy of the petition, with a notice stating the day on which the petition will be presented to the court, is served upon every councillor whose appointment is contested, within thirty days from the date of such appointment j other- wise the right of contesting is forfeited. period of a municipal election is an essential part of the qualifi- cation of a municipal elector, and that a nomination of candi- dates made by persona who, at the time of such nomination, were indebted for taxes is void, even though they were otherwise duly qualified electors, and notwithstamiing the provisions of article 16M. G. That in order to show that municipal taxes are due, it is not sufiicient to produce and prove the by-law of the municipal council by which they were imposed, but it is also necessary to show that the collection roll of the municipality was made and deposited in the oflice of the secretary-treasurer, and notice of such deposit given as required by article 960. That a declaration made by the ofiicer appointed to preside at the elrietors of immoveables of the value required is sufficient. C- C. , St. Hyacintlie. 3rd April, 1872, Sicotte, J., Bourgeautt et al., petitioners, et Dalp4 et al., coun- cillors contested, V- L. C. J., p. 255 and 4 R. L., p 74. In Hubert et al. vs. Frechette, Iberville, 10th February, 1886, C. C, CAo^non, J.. 14 R. L., p. 213. it was held that, in the case of a contestation of a municipnl election, the bund given un- der the art. 352 C. M., stating that the surety is owner of real estate of the value of four hundred dollars over and above his debts, is insufficient, because art. 353 requires that the surety should be owner of real estate to the value of two hundred dol- lars, over and above any incumbrances there may be on such pro- perty. See note under art. 970. (2) In Axi^lair vs. Poirier, C. C, Waterloo, 13th June, 1882, Buchanan, J., 28 L. C. J., p. 231, it was held that the collection CB. VII. CONTESTED APPOINTMENTS. 96 put C, pre- 1886, the 856* The Court proceeds in asammary manner to hear and decide such contestation. (I) roll for the school monthly dues will b« admitted as a »ufBcient proof of the imposition and default of payment of taxes, when no contestation is raised by special plea as to the validity of the imposition of nuch taxes ; that monthly dnes are taxes within tV.<) meaning of art. 291 ; that the payment of taxes due by an electa >.; with the view to qualify him to vote for one of the candidates, is an act of bribery, (1) In Bourasaa vs. Auhry, Montreal^ 3rd March, I88»i, CO., JUathieu, J., 14 R. L., p. 114, it was held that a municipal coun- cillor whose election is contested for bribery, by a person who does not claim the seat, cannot contend by a recriminatory procedure that, even by striking off the votes which have been Irreffalarly given to him, he still retains the majority ^fter deduct- ing the bad votCB given to the defeated candidate for whom the Boat is claimed. In Auclair\B. Poiricr, C.C, Wafer lon^ 13th June, 1882, Jitich- anan, J., 26 L. C. J., p. 2.31. it was held that a scrutiny of the ill* gal votes may take place, lor both candidates, when the seat is claimed by the petitioner for the defeated candidate, and that the petition ai'd ttie defence both allege the illegality of a certain number of votes given to the defendant, the elected candidate and to the defeated candidate. in Venner vs. Archer, S. C, Quebec^ 17th May, 1876, Caaaulf-, J., 1 Q. L. R.. p. 283, tlie judge declared that he was doubtful whether a defendant, replying to a quo warranto^ could, without a special allegation, attack and have votes given to his adversary set aride, and maintain himself, by that rejection, in possession of an office for which he has been declared elected. In hose et al. vs. Tansey, S. C, Montreal, 14th July, 1884, Pa- pineau, J.. 1885, and 25th June, 188C, JettS, J., 14 R. L., p. 115, it W..8 held that the contestation of the election of an alderman for the city of Montreal, under 8. of Q., 1874, 37 Vict., ch. 51, s. 25, i» of the natuie of a quo warranto, and that the alderman has the^right, in defending h s seat, to show that, if illegal votes have been given in his favor, the other candidate isguiltyof acts which rendered him ineligible, ai d that illegal votes have been also given in favir of the defeated candidate, and that, after deduct- ing the illegal votes from both parties the majority of the legal votes is still in his favor. In i>o«^a/er et al. vs. Coutu, C.C., Berfhier, 3l8t March, 1881, Oill, J., 11 R. L., p. 109, and 14 R. L., p. 117, a count of the votes was made and recriminatory evidence allowed although the seat was not claimed for the defeated candidate. In Law/ord et al. vs. Robertson et al., C. C, She'^brooke, Fe- bruary, 1872. Ramsay, A. J., 16 L. C. J , p. 173, and 14 R. L., p. 117, a scrutiny and recriminatory evidence was declared legal, although that scrutiny did not take place, because the parties, after the decision ot the legal points, dlscuntinued the allegations of bribery. 1^^ 16 MimiOIPAL OODB. BE. I. TIT. IT. I. i II The evidence may be taken orally or in writing, in whole of in part, as the Court shall order. 357* The Court by its judf^ment may confirm or annul the appointment, or declare another person to have been duly elected. (1) 858. The Court may condemn either of the parties to pay the costs of the contestation } and such costs are taxed and are recoverable against all parties to the suit and their sure- ties. The judgment of the Court, in so far as regards the costfi, is executory against the sureties, fifteen days after a copy thereof has been served upon them. S50. The Court may order that its judgment be served at the expense of the party against whom the judgment has been given, upon the warden or upon the registrar, and on any person it may deem proper. 360. If the trial of the contestation is not concluded at the close of the term of the Court to which the petition was presented, the sitting judge must continue it without inter- ruption during the vacation, adjourning from day to day until he delivers his final judgment upon the merits of the ooi^ostation. S61. If the judgment annuls the election of the local councillors or any one of them, without stating who should fill such offices, the Court must in the same judgment order a new election to replace the councillors whose appointments are so annulled, name for that object a person to preside at such election and fix the day and hour upon which a meeting of the municipal electors is to be held* (2) Such day must not be sooner than fifteen nor later than twenty days from the date of the judgment. 'I ^ lit See the authorities reported on this question in 14 B. L., p. 117 etseq. In Fiset vs. FcmmieVy S. C. B., Qnehee, 31st October, 1877, Meredith. C. J., Stuctrt and (kisauUf J J., 3 Q. L. B., p. 381, it wae held that ttiere is no revision of a judgment rendered by the Superior Court on a quo warranto^ concerning a municipal office. (1) See note under art. 346. (2) In Burroughs vs. Barron^ S. G. B , Montreal ^ 2lBt December, 1886, Johnson, Doherty, GUI, JJ., 30 L. C. J., p. 80, it was held that on quo warranto the defendant will be held a usurpw unless he shows complete title. CH. VIII. OFFICERS OF THE LOCAL COUNCIL. 97 whole or nnul the en duly 5 to pay zed and )ir sure- BOfltfl, ig » copy trved at 9nt has and on ided at on was ; inter- to day r of the 3 local should order ments tide at eeting r than p. 117 1877, it was >y the (»ffioe. mber, t was carper 369. Such election must be annoanced by public notice, by the mayor in office, or by the secretary-treasurer, if there be no mayor in office or if the mayor is the councillor whose appointment has been annulled. If there be neither a mayor nor a secretary-treasurer in office, the notice is given by the warden of the county, as soon as a copy of the judgment has been served upon him. The omission to give this notice prevents a meeting of the municipal electors from being held, and renders the persons whose duty it is to give it, subject to the penalty imposed by article 295. 363. In default of the person appointed by the Court, the election is presided over by the secretary-treasurer, and in default of that officer, by the senior justice of the peace of the district present at the meeting. In other respects, the election is held and conducted in conformity with the rules and formalities prescribed in the third chapter of this title, and the councillors elected at such election are invested with the same rights, and are subject to the same obligations and penalties as councillors appointed at general elections, and only remain in office for the time for which the persons whose elections have been set aside were appointed. 364. If the judgment of the Court declares the appoint- ment of the head of the council null and void without naming a person to replace him, the council must proceed to elect a new head within thirty days from the date of the judgment. 0) In default o? such election, the head of the council may be appointed by the lieutenant-governor in the usual manner. CHAPTER EIGHTH. OF THE OFFICERS UF THE LOCAL COUVCIL. General ProviaionB, 36.1. (i4» amended by S, of Q. of 1875, 39 Vict., ch. 29, «. 3.) Every local council must appoint, in the month of (1) In Beauchemin alias Petit vs. Husy S. C. B., Montreal. 30th May, 1885, Dohertu, Loranger^ Caron, JJ^ 1 M. L. R., p. 413, it was held that a final judgment of the Superior Court on a petition contesting a municipal election cannot be inscribed for revision, this Judgment not being appealable. E 1 ' 98 MUNICIPAL CODE. BK. I. TIT. lY, \l I March, every second year, in addition to the munieipal officers which it is required to appoint in Tirtue of the other provisions of this Code : 1. Three valuators ; (1) 2. A road inspector for every road division in the mnnici' pality. (2) 3. A rural inspector for every rural division in the raunici' pality } 4. As many pound-keepers as it deems necessary. see. {Afi gubntituted by S, of Q.j 1875, 39 Vici., eh. 29, ». 4.) The valuators shall enter upon their duties, so soon as thoy have made oath well and faithfully to discharge all the duties of their office. Road inspectors, rural inspectors^ and pound-kcopers shall enter upon the discharge of their duties immediately after service of the notice of their appointment. 3e7» Justices of the peace are exempt from serving as road inspectors, rural inspectors, or pound-keepers. 3e7a. (.Addedby S. of Q., 1872, 3« Vtcf., ch. 21, », 9.) Any person appointed to any of the offices mentioned in art. 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, — Proviaiona gpectally applicable to (he secretary- trecuurer of the Local Council. Ses* The secretary-treasurer of the local council must keep a " register of roads and water-courses,'' in which are enter- (t) The local council of the township of Stoke had appointed tliree valuators, but one of them being absent and nut able to act, the mayor took upon himself to appoint a third, who made the valuation roll with the two others ; and on the day that the roll was homologated the council ratified the nomination made by the mayor. Held :— That the nomination made by the mayor is null and causes the nullity of the valuation roll. Q. B. C, Montreal^ 3rd February, 1880, Dorion, C.J., Mo-ak, Ramsay and Crags, J.J., Jiol/e et al. and The CorporcUian of the Township of Stoke, 26 L. C. J., p. 213. See note under art. 726. (2) In Leniire and Courchesney Q. B. C, Montreal. Duval, C. J., Varon, Drwnmond and hadglep, J. J.. 1 R. L.| p. 168, it was held that proof that an Inspector naa Jurisdiction and qualification to act as such, when the quality is denied, cannot be made but by fyling an extract from the municipal registers showing that his nomination has been legally made, and that verbal evidence that he is known as such is iusumcient. OH. Tin. OFFICERS OF THE LOCAL COUNCIL. 99 nunieipttl the other > manioi- D munioi' ch. 29, », > 0oon as j^e all the tors, and sir duties •intment. g as road n, 8, g.) d in art. rcept the naltynot icretary' ust keep re enter- ppointed )e to act, lo made that the on made nnll and ''eal, 3rd l€, 26 L. il, C. J., NVi% held iation to ade bnt ing that evidence ed, at full length, in the order of their dates, and oertified to be correct by him, all proch^verbatix, acts of apportionment and by*law8 in force respecting work to be done on the roads, bridges and water-courses to be built and kept in repair in the municipality under the control of the local council. 369. He must note on the margin of every document, so registered, any amendments which are subsequently made to such document, or its repeal in the event of its being repealed. 370* The secretary-treasurer must perform whatever it is his duty to perform under the provisions of the law respect- ing the jurors' list and the list of parliamentary electors. 371. The secretary-treasurer must prepare in the course of the month of November in eaoh year, a statement 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 persons unknown ; 8. 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 statement, if a state- ment of such arrears has been lodged in time in the office of the council by the secretary-treasurer of the school commis- sioners 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 were not collected ; 9. All other information required by the council and all remarks connected therewith. 372. Such statement must be submitted to the council and approved of by it. 373. (i4/» amended by S. of Q., 1878, 41-42 Vict., ch. 10, «. 18.) The secretary-treasurer, if he receives an order to that effect from the council, must, bef«)re the twentieth day of De- cember of each year, transmit to the office of the county coun- cil, an extract of such statement as approved by the council, containing : I' 1 %o MUNICIPAL CODE. BK. 1. TIT. IT. 1. The names and qualities of all persons indebted for mn- nioipal or school taxes, imposed on the real estate possessed or occupied by such persons ; 2. The description of all lands liable for the payment of municipal or sclioql taxes ; 3. The sum totarof tho taxes afTecting such lands, fur mu- nicipal or school purposes. Section II. — 0/ Valuators. !l?4« No person can be a valuator unless he possesses, as proprietor, either in his own name or in that of his wife, real estate to the value of four hundred dollars, according to the valuation roll, if there is one. (1) 875. Valuators, in the execution of their duty, may demand the services either of the secretary -treasurer or of any other clerk. The seoretary-treastirer, or clerk, whose services have been so required, is entitled, for every day during which he is em- ployed, to a sum not exceeding two dollars, payable by the corporation, on certificate from the valuators who employed him. Section III. — 0/ Road Inspectors, S76* The road inspector is bound to superintend all work ordered to be done in the constructing, improving or keeping in repair of local or county municipal roads, sidewalks and bridges, situated within the limits of his division, and to take care that such work be performed in conformity with the pro- visions of the law, procis-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 officer has been appointed to superintend such work. If any county municipal road is situated partly in one divi- sion and partly in another, it is under the joint and several superintendence of the inspectors of the two divisions. (2) (1) In Barrette vs. The School Ckrnimissioners for the Mnnicipor lity of the Parish qf St. Colomban^ C. C, Ste. Scholastique, 10th May, 1S76, Johnson, J., 7 R. L., p. 186, it was held that the want of qualification of the valuators does not give rise to an action for damages on behalf of a rate-payer, when (an execution which has been followed by a sale issues against him for the school taxes, based on their valuation roll. (2) See note under art. 799. CH. Tin. ornoEitB ov^raExocAx council. 101 sesses, as S77* Fdiries are alio under the superintenitenoe bf the in8pector of the road division, within the limits of which they nro situated, unless they have been placed by the council under the superintendence of another officer. 37S. Every road inspector appointed for a division has jurisdiction over every person liable to perform 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 inoapaoity ; in default of whieh the mayor must, during the continuance of such incapacity, place the division under the jurisdiction of another road inspector of the municipality, by a written order served on such inspector. Such inspector is not thereby released from the superinten- dence of the division for which he had been in the flint instance appointed. 380. The road inspector, in so far as regards his relations to the county works, whereof he has the luperintendenoe, is an officer of the county oouneil. 380a. {Added hy S. of Q.^ 1875, 39 Vict. ch. 29, •. 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 exe- cute or supply, as interested in such work or matter, the sec- retary-treasurer of the local municipality wherein such inspector has jurisdiction, possesses in relation to such inspec- tor 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 work to be performed in common, the inspec- tor so interested is always in mord, to fulfil the obligations attaching to such works. 881. 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 locr.l or county council, in respect of the works which are under his superintendence, incurs, in ad- dition to damages caused for each case of neglect or refusal, a penalty of not less than one or more than twelve dollars, ezoept in cases otherwise provided for. 102 MUNICIPAL CODE. BK. I. TIT. lY. ■t .!!3 882. (A» amended by S. of Q., 1872, 36 Vict., ch. 21, ». 10, and by S. of Q., 1878, 41 Vict., ch. 18, «. 14.) Whenever any work must be perfurmedin 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 to perform such work, by special notice either verbally or in writing, or by public notice of three days : 1. Of the time and place where such work must be perform- ed ; 2. Of the quantity and description of materials which are required, and of the time and place where they must be pro- vided 5 3. Of the amount of labor which each must contribute ; 4. Of the description of tools and implements required, which must be of the kind ordinarily used by farmers in the municipality. However, if the work to be performed in common is not suf- ficient, in the opinion of the council, to justify the making of a call upon the rate-payers interested, the road inspector may cause such 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 of the collection, which shall be taxed by the said council. 383. If the nature of the work demands it, he may require each of such persons to bring or to cause to be brought a cer- tain 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 oflf such labor, and the time for 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. 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 dis- missed, at the costs of the person so in default ; such costs may be recovered by the substitute or by the inspector in the CH. Vni. OFFICERS OF THE LOCAL COUNCIL. 103 f all such manner prescribed for the recovery of penalties imposed by this Code. 385. 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 municipal road in this diviifion. Every person who is bound to perform work on municipal roads, may be compelled by the road inspector 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 ex- piration of the delay granted in cases which come under the provisions of article 389, cause the removal 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 authoi- izes so to do, at the costs of the person in default. Such costs are recovered in the same manner as penalties imposed by the provisions of this Code, and the local corpora- tion is answerable therefor if ihe person in default is without means. If the person who occasioned such obstructions or nuisances is unknown, they must be removed at the expense of the cor- poration of the local municipality. (1) Held : ITiat the right to have nuisances and encroachments on public highways and streets removed, under the municipal laws in force before the Code, belonged exclusively to municipal cor- porations, and private individuals did not possess a right of action, unless they suffered real and special damage>). (Q. B«G., Montreal, 8th September, 1870,/>w?;^r^. C. J., Oiron,J., Drumtnond. J., liadgley, J., Monk, J., J seph Bourdon, appellant, and Kusfacfie li^nard et al., respondents, 15 Jurist, p. 60, reversing the judgmentof the S.C., 3/o«^rea/, 27th February, 1869, Torrance, J., 13L. C. J.,p 233. In Johnson et al., vs. Archambault, Q. B. C, Mmitrealy 9th March, 18W, JXival,CJ„ Meredith, J., Mmidelet, A. J., Bcui- gley.A. J., 8 L. C. J., p. 317, it was held that the owner who sustains special and distinct inconvenience (especially, the impossibility of communicating with his land) by obstruction on a street, has a right to an action for the removal of these obstructions. Held : That a suit for the removal of nuisances on a public road to which ib added a demand of damages to the amount of li« I p iM 104 MUNICIPAL CODE. BK. I. TIT. IV. 887. 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 anj water-course or ditch connected with such road or bridge ; 2. Any trench 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 im- pede free approach to the beach or to a quay. (1) 388. Whoever has committed any act which may have the IM 9400 (the demand of damages having been discontinued pend- ing the suit) is in the jurisdiction of the (Hrcuit Court, according to statutory disposition. (Q. B. C, Montreal, 10th December, 1870, Duvalf C. J., JJrummond, J., Badgley^ J,, Caron. J., (dis- sident) and Monk, J., (dissident) 1 Revue Critique, p. 119.) In Benard et al. vs. Bourdon, S. C, Montreal, 27 th February, 1869, Torrance, J., 13 L. C. J., p. 233, it was held that several owners who claim damages resulting from ohstructions put on a street, cannot claim these damages in a joint action, altliough such an action lies for the removal of the obstructions. Thin ground appears not to have been specially pleaded by the defendant, and it was invoked at the hearing only. And la appeal this ground was also invoked at the hearing only it was not stated in the factums ; however, the Court of Appeal held that when individuals have a right to sue they cannot join in the same demand to obtain the removal of obstructions on the streets, of which they complain, and damages caused to them. Q. B. C, Montreal, 8th S«»pember, 1870, Duval, C J., Caron, J., Drummond, J., Badgley,J-f Monk, J., Bourdon and Bhiard et al., 15 L. C. J., p. 60. In Lawford et al., vs. Hoberfson, eta'., C. G.,Sherbrooke, Feb- ruary, 1872, Bamsaif, A. J., judge Hamsay, since a judge of the Court of Appeal declared, 16 L. C. J., p 178, th«t it is un- doubtedly the general principle that courts will not take cognizance of distinct ana separate claims or liabilities of ditfe- rent persons in one suit, though standing in the same relative position. But it docs not appear that this principle is applic- able to matters of elections. (1) In The Corporation of St. Joseph and The Quebec Central Baiiway Company, Quebec, 7th Feb., 1885, Q. B. C , Dorion, C. J., Ramsay, Tessier, Cross, Baby, J.J., 14 K. L., p. 54 and 11 and Q. I^. K., p. 1!)3, it was held that a justice of the peace has juris- diction to hear and decide upon a complaint, under sections 15 and 27 of the Railways Consolidated Act of Quebec, 1880, S of Q., 1880. 43-44 Vict. ch. 43, for obstructions on a public road, by a municipal corporation against a road company incorporated by a Statute of Quebec, but cros^inff a railway of the Dominion Government of Canada, under S. of C, 1883, 46Vict.,ch. 24, s. 6. CH. Vttl. OFFICERS OF THfi LOCAL COUNCIL. 106 effect of obstructing, impeding or rendering inconvenient the free passage of vehicles or foot passengers 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 occasioned an obstruction or nuisance, within the mean- ing of the two preceding articles. (1) 389. Whenever such obstruction arises in the course of gome work duly authorized by law, by the council, or by the road inspector, under the provisions of any by-law or resolu- tion 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, sidewalk or bridge, excavations and other dangerous places must be pointed out, both by day and night, in 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 occa- sioned thereby. 391. Whoever causes any obstruction or nuisance on any municipal road, side-walk, ferry or bridge, or renders the use thereof difficult or dangerous, incurs for each offence, over and above the damages occasioned thereby, a penalty of not less than two or more than ten dollars. 392. 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. 393. Every road inspector, and every person who accom- panies him, or who is authorized by him in writing, may, in the day-time, without previous notice, enter upon any land whatever, whether occupied or unoccupied, inclosed or unin- cloaed, for the purpose of making a survey for any road, or upon any unoccupied land, for the purpose of searching for timber, stone or materiah' necessary to carry on any public work, by making compensation for actual damage done. 394. Every road inspector entrusted with the superin- tendence or direction of labor on any road, bridge, or other public work, may, by himself or by others acting under his direction, and without previous notice, enter in the day- iH (1) See note under art. 793. 106 MUNICIPAL CODE. BK. I. TIT. IV. rli! ft $ 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, declare on oath, what he believes to be the value of the damage occa- sioned 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 municipal purposes. 306. The amount of damages is paid by such road ins- pector, 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 default of such moneys, it is payable by the corporation, saving its recourse against the persons bound to perform such works. 307* The road inspector may, without being authorized by the council, perform or cause to be performed, 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 at 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 furnish the materials required, within a delay of four days, the whole without prejudice to penalties or damages incurred by such persons, by reason of their default to execute such work or to furnish such materials in the manner and within the delay prescribed by the procla- verbaux, by the by-laws or by-law. (1) (1) See note under art. 825. CH. VIII. OFFICERS OF THE LOCAL COUNCIL. 107 In every case, the road inspector who has performed work, or caused the same to be performed, or furnished materials, or caused the same to be furnished, under this article, must, as soon as possible, inform the persons in default thereof, by !i special notice, containing a statement of the amount due for such works or materials. (I) :19H, The value of such works or materials, with twenty per cent, in addition thereto, may be recovered by the inspector of roads, as a debt due to himself, together with costs against any person bound to perform such works or furnish such materials, in the manner prescribed for the recovery of penalties imposed by the provisions of this Code. (2) 309. If the road inspector does not comply with the provisions of article 397, when the labor or materials required on any municipal works, in his division, have not been performed or furnished in the manner and at the time pres- cribed, 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 by 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 1^ !-s (1) See note under art. 398. (2) In Lambert vs. Lapalisse, C.C., Sorel, 20th October, 1874. Jiilanger, J., 6 R. L., p. 65. it was held that in a suit brought by the mayor of a municipality, under art. 398 and 1042 M.G., for the value of works on a road which the municipality had neg- lected to perform, a justice of the peace residing in another mu- nicipality thuii that or' the defendant, has no ju risdiction, if it does not appear by the record that there is no justice of the peace in the municipality of tlie defendant, and if ft is not established by the production of a by-law, or by the testimony of the inspector, that the rate-payer was bound to repair that road and, conse- quently, tliat the debt was incurred in the parish in which the justice of the peace resides. In Boss vs. The Corporation of the Parish of St. Clotilde of Norton, Q.B.C., Quebec, Hh May, 1882, Dorion, C.J., Ramsay, J., Tessier, J., Cross, J., Baby, J., 11 R. L., p. 520, it was held that the Superior Court has jurisdiction to take cognizance of a suit for the collection of a sum exeeeding^200, for works done on roads for a municipal corporation at tSb expense of the owner, and that notwithsUnding art. 896, 401, 951 and 1042 M.C. h 1 n^ 108 liUNICIPAL CODE. BK. L. TIT. IV. i:ii 11^ m , 1. coanoil, and is recovered by the corporation from the persons in default, with twenty per cent, over and above the amount thereof, and costs, in the manner prescribed for the recovery of penalties imposed by this Code. (1) 403* The amount of any judgment rendered in favor of the road inspector or of the corporation, on any action brought to recover the value of the works performed or the materials furnished by either the road inspector or the cor- poration, and the twenty per cent, in addition thereto, together with interest and costs, is assimilated to municipal taxes. (2) 403. In every action brought, either by the road inspector or by the corporation, to recover the value of such works or materials, the evidence of the road inspector is sufficient proof, if it is not contradicted by a witness worthy of belief, in the case where he establishes : 1. That the required formalities have been observed ; 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 thd same. 404. The road inspector must, between the first and fifteenth days of June and October, in each year, and more- over 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 ; 2. Mark down the state in which he finds such ferries, roads, side-walks and bridges, and the works in conneotioa therewith ; 3. lifake note of any person who has neglected to fulfil his obligations, and prosecute him in the name of the corpora- tion ; 4. Make a report in writing containing the substance of the notes he has taken and the information he has obtained tVince his last report, on every public work under his super- iatendence, and further stating the arrears of labor unper- formed or of materials unfurnished, the value in money of .^uch labor or materials, and the penalties and costs remain- (1) See note under ar^378. (2) 9ee arwesa fti^ UQW «ttd«c tlu^ 44I9A. CH. VIII. OFFICERS OF THE LOCIL COUNCIL. 109 ing unpaid, specifying the lands in respect of which the same are due, and the owners or occupants of such lands, if known. 405. (As amended by S. of Q., 1878, 41-42 Vict., ch. 10, ». 19.) When a municipal bridge, or one forming part of a municipal road, or a bridge over a water-course is destroyed or broken, or whenever the use thereof becomes dangerous, or (whenever the use of a municipal road becomes difficult or dangerous), the mayor of the local muni- cipality in which such bridge (or such road) is situa'.ed, either in whole or in part, whether such work is a local or a county work, may in cases of urgent necessity, authorize the road inspector or any other person to reconstruct or repair the same, or to make a safe temporary bridge or crossing, at the expense of the local corporation. The cost of such work is recoverable by the local corpora- tion, from the persons or corporation who are liable therefor in virtue of the law, by-laws or procla-verhaux, in the manqer laid down for the recovery of penalties imposed by this Code ; and the amount of the judgment witih Interesti and. costs is assimilated to municipal taxes. Section IV. — Of Rural Tmpectora, 406* Rural inspectors are bound to do whatever is refj^uired of them, in virtue of the provisions uf this Code, respecting, public nuisances, clearances, boundary ditches or boundary fences. They are bound to superintend all works of construction, improvement or repair, ordered upon local or county munici- pal water-courses, situated within the limits of their divisions, and to take care that such works be performed accord^ing to the provisions of the law, proc^s-verbaux, or by-laws which govern them, unless they are exempted from so doing by aa order of the council or of the board of delegates under whose direction such works are being executed, or unless a special officer entrusted with the superintendence of such works has been appointed. They are also bound within the limits of the division for which they have been appointed, to perform all the other duties which are imposed upon them by the provisions of this Code or by municipal by-laws. 407. U« amended by S. of Q., 1875, 39 Vict.y c, 29, «. 6.> The rules laid down io artioles a^S, 379/280, aSQa and 381; H-. r no MUNICIPAL CODE. BK. I. TIT, IV. lir i w i '■ i regarding road inspectors, apply also mutatig mutandii, to rural 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 municipal roads, side-walks and bridges, by the road inspec- tor 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 value of such work, apply with similar eflfect to work prescribed either under the provisions of this section, or prescribed on municipal water-courses, for the execution of such works by the rural inspector of the divi- sion, or by council in the name of the corporation, upon the default of the persons liable, and to the recovery of the value of work executed by such inspector or council. 409. Whenever the services of a run 1 inspector are re- quired, under the provisions of the fo'^r following paragraphs of this section, in any locality situate partly within the limits of the jurisdiction of one rural inspector and partly within the limits of the jurisdiction 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 sec- tion, is entitled to ten cents for every hour employed in visit- ing the localities, as well as in managing and superintending the works, if he does not perform them himself. He has also a right to be repaid any necessary outlay and costs incurred by him for notices, or other papers requisite, made under the same provisions. Such costs are paid by the person whom the rural inspector finds in default. If no person is in default, they are paid by the party who demands the service 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 inspec- tor. 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. CH. VIII. OFFICERS OF THE LOOAL COUNCIL. Ill Uandis, to e to such •courses. , 400, 401, ?crihed on ad inspec- I, upon the respecting ith similar )n8 of this 88, for the the divi- upon the ' the value )0T are re- aragraphs the limits tly within er of such %et under this sec- 1 in visit- intending ttlay and requisite, inspector 5 paid by il officer. y all the vered in i leges as 1 inspeo- required joration, lil, may. 419. Every special notice or order given by a rural in- spector, may be given either verbally or in writing, saving it> 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 any land, in the same manner as from the owner of such land, the ful- filment of every obligation imposed upon such owner in regard to clearings, boundary ditches, boundary fences or water- courses, saving the recourse of such possessor, tenant or oc- cupant, against the proprietor, if any there be. 414. The rural inspector must, on being authorised for such purpose by the mayor or the secretary-treasurer of the local council, make or cause to be made, at the expense of the corporation, in the snow or ice, trenches and all other works which are required to prevent floods and to facilitate the water in running off. § I. — Public Noticee, 415. Whenever any filth or dead animal has been deposited upon the property whatever or in a water-course, stream or river, it is the duty of the rural inspector of the division, within twenty-four hours after he has received a special no- tice, either written or verbal, so to do, to have such filth or dead animal removed by the person who deposited it. If the person who has deposited such filth or dead animal is unknown, it is the duty of the rural inspector, within the same delay, to cause the same to be removed at the expense of the corporation. 416. Whoever deposits or causes to be deposited, any filth or dead animal upon any of the localities mentioned in the ppeceding article, incurs over and above any damages occa- sioned thereby, the penalties prescribed by article 391. (I). § II. — Clearances. 417. The rural inspector, on either the written or verbal requisition of any owner or occupant of land in a state of cultivation, who requires a clearance to be made by his neigh- (1) See in the Appendix the sections of the " Act respecting Lunatic Asylums in the Province of Quebec," concerumg the municipalities. f« :|i 112 MUNICIPAL CODE. BK. I. TIT. IV. ; \i i : bor in rirtae of article 531 of the Ciril Code, must attend at the place where such clearance i^ required, after giving spe- cial notice of eight days in writing to the parries interested. After an examination of the locality, and on proof that such clearance is necessary and has been demanded by special no- tice in writing, senred before the first day of the preceding month of December, he enjoins by written order that, within the thirty days next following, all shrubs which are of a na- ture 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 fbi the embellishment of the property be cut down, (l) 418. Whoever refuses or neglects to obey the orders of the rural inspector reiative to the clearance, incurs, without pre- iudice to the execution of such orders, a penalty not exceed- ing two dollars for each arpent in length of such clearance, for the first year, and f6r every subsequent year a penalty equal to double that of the preceding year, over and above all damages occasioned to the cultivated land. (2) (1) Art. 581, G. G. JCvery proprietor or occupier of Isnd in a state of cultivation, contiguous to undleared land, may compel the proprietor or occupier of the latter to fell all trees along the line of separation which are of a nature to injure the cultivated land, ana this on the whole length, and on the breath, in the manner and at the time determined by law, by rei;ulations hav- ing force of law, or by established and recognized usage. Trees, however, which may be preserved on or near the line, With or without curtailing the branches or roots, according to the three last preceding articles, are excepted. Fruit trees and maple trees, which may be preserved in aQ cases near or along the line, but are subject to the same curtail- ing, are also excepted. The fine for any contravention does not free one from the necessity of giving the clearance ordered by a competent tribu- nal, nor from the damages actually incurred since the party was put in default. (2) In Leduc va Vigneau^ C. C, Joliette. 14th December, 1881, Alathieu, J., 12 R. L., p. 214.lt was held that a suit for the penalty decreed by this article will be dit^missed, if it is not proved that the notice required by the first paragraph of art. 417, was of eight clear days, and it the mdet given under the second paragraph of the said art. 417 is not signed by the rural inspector in his official quality. CH. VIII. OrFICERS OF THE LOCAL COUNCIL. 113 419, The damages resulting from the refusal or neglect to mukt the clearance as required by the rural inspector, are e.^itablished by three experts Mp]>ointed as follows : one by each of the interested parties, and the third by the two ex- perts 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. § III. — Boundary Ditches. ^420. The rural inspector, upon the written or verbal application of any owner or occupant who demands the open- ing up of a boundary ditch between his land and that of his neighbor, must visit the locality of such proposed boundary ditch, where, after an examination of the place, and a hear- ing of the parties interested who have received three days' special notice thereof, he orders performance of any works which he de«ms necessary, and determines how and by whom they must be executed. (1) 421. The rural inspector, on the written or verbal appli- cation of one of the neighbors who complains of the insuffici- ency or bad condition of the common or joint boundary ditch, orof the part thereof for which his neighbor is liable, must, if it is necessary, order the person in default to deepen, cleanse and repair such ditch or part of a ditch, or to do his share of such work within a fixed delay. Such delay must not exceed the time absolutely necessary to perform such work. m 1 iSl (1) In Ltinire & CourcMne, Q. B. C, Montreal, 9th June, 1868, Dural, C. J., Caron^ Drummond, Badgley, JJ., 1 R. L., p. 158, it was held that, under the provisions of sect. SI of ch. 26 of the C. a. L. C, '♦ The Agricultural Act," which are analogous to those of this art., the opening of a boundary ditch between two lands must not oe ordered, except when it is the best way to drain these lantia ; that the order of an inspector to open a boun^ry ditch must be considered as a judgment imposing a ser- vitude, and must be rendered in writing, in such a manner as to settle, as sl proch-verbal the dimension and the direction of the boui dary ditch ; that such an order is illegal when the boundary ditch is so do?.e as to injure one of the parties, and when the lands are otherwise drained by a water-course determined by a proc^s-verbal ; that the negatory action is a remedy granted Dy law to provide against the judgment of an inspector who, by ordering the opening of a boundary ditch, has done an injustice either in form, by not proeeeding according to law, or in principle, by ordering useless, expensive and prc^dlciiil works. M 13 114 MUNICIPAL CODE. BK. I. TIT. IV. i ' i ill lilPi In case the work be not performed within such delay, the inspector may authorize the complainant to do the urork him.self, the cost thereof to be recovered in the same manner as penalties under this Code. 423. Ho may, at the same time, order the party complain- ing to deepen, cleanse or repair that part of the boundary ditch for which he is liable, within the same delay, if he finds such part insufficient or in bad condition. 423. Whoever refuses or neglects to comply with the orders of the rural inspector given in virtue of the preceding provisions of this paragraph, incurs, over and above the dam- ages resulting from the defect or insufficiency of his ditches, and without prejudice to the execution of such orders, a penalty not exceeding one dollar for every arpent in length of such ditch, which he has to make, every fraction of an arpent being counted as an entire arpent. 424. Whoever obstructs or allows any boundary ditch to be obstructed in any manner whatsoever is liable to a penalty not exceeding one dollar for every day such ditch is so ob- structed. § IV. — Boundary Fences, 429« The rural inspector of the division, on the written or verbal application of any owner or occupant who demands the construction or repair, or any works necessary for the preservation of a boundary fence between 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 required, he orders any party in default, whether complainant or not, 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. (I) 425a. (Added bi/S. of Q., 1872, 36 Vic, c. 21, «. IL and as amended by S. of Q., 1878, 44 Vic, c, 18, «. 15.) K the event of the works not being executed within such delay, the rural inspector may authorize either the complainant him- (1) Art. 505, 0. C. Every proprietor may oblige his neighbor to make in equal portions or at common expense, between their respective lands, a fence or other sufficient kind of separation according to the custom, the regulations and the situation of the locality. CH. VIII. OFFICERS OF THE LOCAL COUNCIL. 116 self or any other person to execute the same, or to cause the dame to be exoouted, and the cost thereof is assimilated to municipal taxes if it is Tiot rccov'orcd in the same manner ua penalties under the auinority of this Code. 426. The rural inspector cannot order the making, in a rural municipality, of a new fence, or the repairing of an old one when so dilapidated that the cost of repairing it would be equal to that of a new one, unless the i»arty bound to do such work has received special notice in writing, to such etfect, before the first day of the preceding month of Decem- ber. 427. Article 423 relative to boundary ditches applies also to persons liable for boundary fences. Section V. — Of Pound- Keepers, 428. Pound-keepers are bound to receive and retain 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, until such animals are reclaimed by their owners, or sold at auction under the provisions of this sec- tion. 429. Pound-keepers are bound to provide animals im- pounded under their charge, with proper food in sufiicient quantities, and to take proper care of them under a penalty not exceeding one dollar for each day during which they neg- lect so to do, without prejudice to all damages occasioned by such neglect. Such penalty belongs to the owner of the animal, and is recoverable by him only. 430. 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 part, 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 the owner thereof is unknown or does not reside in the municipality, the pound-keeper must, under the same penalty, give public notice, in which are set forth the species and color of the animal, the place where it was found straying, and the name >:■<' :?? ;..' !ti M WM 116. MUNICIPAL CODE. BK. I. TIT. IT. \'m i m \ I u of the place where it is impounded, and he must further an- nounce 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 evening of any day, upon payment or legal tender to the pound-keeper of the expenses, fines, fees and costs incurred respecting such animal, and such dam- ages as may be agreed upon, or are determined according to art. 442. If the pound-keeper refuses or neglects to deliver the ani- mal kept in pound after such payment or tender has been made, he incurs a fine of two dollars for every day he there- after detains such animal, in addition to the damages occa- sioned by such refusal. (I) 433. If, on the day fixed for the sale, the animal impound- ed has not been reclaimed, and if the damages fixed together .with the penalties, fees, expenses and costs incurred have not been paid, such animal must be publiclr sold by the pound- keeper to the highest and last bidder. 434. If on the day fixed for the sale, there are no bidders, the sale is adjourned to another day, and a public notice thereof is given without delay. 435. The price of adjudication must be instantly paid and before delivery, in default whereof the animal is again put up"^ for sale. 436. The proceeds of the sale are employed in paying what is due in consequence of the impounding of the animal ; and the balance is placed without delay in the hands of the secre- tary-treasurer of the local council, and, if not reclaimed with- in a year by the owner of the animal sold, belongs to the cor- poration. 437. If the sale has not realized a sufiicient sum, the owner of the animal is liable to make up the balance. (I) In Brosseau y a. Bro*Keau, S . C, Montreal, 9th April, 1886. Cimon, J., 1 M.L.R., p. 307, it was held that when an animal straying is impounded, the owner of the animal cannot reclaim it, unless he previously offers to pay the fine, fees and costs in- curred and that, without auoh aa offer, a aaUifi retiendication of the animal will be rejected. OH. VIII. OFFICERS OF THE LOCAL COUNCIL. 117 irther an- ;h animal expenses, images as ording to emand its morning payment ies, fines, meh dam- ording to the ani- has been he there- bges oooa- impoand- together have not ie pound- > bidders, ic notice paid and in put up*^ ingwhat nal ,• and he secre- led with- the cor- um, the •ril, 1885. 1 animal reclaim costs in- 7ation of w I 438. The owner of any animal so sold, if he does not re- side in the municipality, or if his place of business is not situ- ated therein, may reclaim his animal from the purchaser, within one month from the day of sale, by paying him ten per cent, on the purchase money, over and above all disburse- ments for purchase, keep and other charge. 439. Whoever takes and conveys away any animal im- pounded, without permission from the pound-keeper, incurs a penalty equal to the sum claimed on account of such animal ; and, in addition, a fine of two dollars, 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 bull, boar, or ram 2 00 do gelding, colt, filly, mare, ox, cow, calf, heifer or hog ringed 25 do hog not ringed, or goat 100 do sheep..... 10 do goose, duck, turkey or other poultry 05 For each subsequent offence the penalty is double that im- posed in the last instance. Such penalties may be paid to the pound-keeper before suit brought. (1) Q) In Lahaie & McAfartin, C. C, Ste. Scfiolastique, 10th May, 18i6, Johnson, J., 7 R.L,, p. 185, it was held that a suit for the recovery of fines incurred under this art., and instituted by a complainant, in his own name, cannot b(^ maintained, but such an action mu^t be instituted by the plaintiff as well in his own name as in the name of the corporation. Held :— In the same sense, C. C, Beauhamols, 19th February, 1874, BHanger, J., Robert vs. Dmitre, 5 R L., p. 400. In Lami vs. Raoouin, S. C, Three-Rivera, I5th April, 1870, Po- letfe, J., 1 R. L., p. 687, it wan held, under the provisions of I 8 of 8. 63 of ch. 24, C. S L. C, (which enacted that all fines imposed by the Act respecting municipalities and roads within Lower Canada, or by any by-law mad« under its author- ity, and paid, should belong one half to the municipality and the other half to the prosecutor, unloss the suit has been ins- tituted by the order of a municipal council or by one of their offi- cers, in which case the whole fine should belong; to the municipa- lity), that (under the provisions of 5 1 of s. 64 of the said act providing that, any person in majority should have the right to bring any suit authorized by the provisions of the said act,) the prosecutor was bound to institute hit action a* w«U in him own naiii« m In tke eoroon^Hont** Mune. Soe na>e a mader it. fftf. '■i 118 MUNICIPAL CODE. BK. I. TIT. ir. stS Ml ii " i. 'J 441. The penalties mentioned in the preceding article may be paid to the pound-keeper before suit brought or their recovery. 442. In case of contestation, the damages occasioned by animals found straying, are ascertained and determined by three experts appointed as follows : one by tie complainant, one by the owner of the animal, and the third by the two ex- ports already appointed, jLf the complainant or the owner of the animal is not pre- sent, 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 appointed 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 conclusive. The amount of damages determined by them is recoverable, 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 damages caused upon his land by stray animals if such damages are occasioned by the absence or defect of his boundary fences. (2) ^ (1) In Lacasse vs. Delorme, Magistrate's Court, St. Jerome, 20ih March, 1874, De Montigny, magistrate, 6 R. L., p. 210, it was held that experts, named to ascertain damages caused by animals straying and not impounded, have no power to oblige the parties to submit to their dec'sion, unless there has been an agreement on behalf of the conteoting parties to submit thereto, or acquiesce therein. 'J'hat experts hav»^ such authority only under the conditions mentioned in arts. 428. 429, 430 and 431 M.C. that is where animals are impounded. Otherwise these experts nave authority only as witnesses. (2) In Lacasse vs. Delorme, Magistrate's Court, St. Jerome, 29th March, 1874. De Montigny, magistrate, 6 R. L.. p. 210, it was held that the defendant, to take advantage of this article and save the damages caused by his animals, has not only to prove the want, or the bad condition of the plaintiff's fences but also to prove that it is through those fences that his animals have i)a88ed, when they have caused damages, and that the plaintiiT s bound to fence the place through which animals have got in. That where, between two neighborB, there is a place that no- body is bound to fence, each one Is liable for the going out of his animals through that place. g article t or their ioned by mined by iplninant, e two ex- not pre- If one of refuse to he peace, without lal or of es and to joverable, I manner, damages kiages are •y fences. t. Jerome f p. 210, it sausod by oblige the 3 been an thereto, or conditions re animals ity only as OH. VIII. OFFICERS OF THE LOCAL COUNCIL. 1 19 444. It is not necessary that aninmls found straying be impounded to give rise to n iJght of action against the persons permitting suoh animals to stray, for the penalty and damages oooasioued. 445. The occupant of any land is answerable for any animal he receives to pasture thereon, as if such animal were his own property. 446. Persons in possession of animals found straying 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 member of his family, may take and impound on his own premises any animal found straying in the municipality, on any beach, flat road, public place, or upon any 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 by the pound- keeper of the rural division, if there be one, or if there be no pound-keeper, or if he neglect to do so, then by the rural inspector of the division, without, however, in any manner, rendering the corporation, whose officers they are, respon- sible. 448. Penalties recovered under the provisions of this title, except in the case mentioned in article 429, are divided according to the rule prescribed in article 1048. f. Jerome f no, it was rticle and y to prove nices but mats have I plaintifl 9 got in. e that iio- ing oat of 7P •11 .5 BOOK SECOND. 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 provi- sions of this Code, or of any other law not inconsistent with this Code. 450. By-laws, resolutions, and other municipal ordi- nances, must be passed by the council in session. 451« Municipal councils, in exercising their powers, must comply with all the formalities prescribed by the by-laws in force in the municipality, in addit on to the formalities required by the provisions of this Code. 452^ The powers specially conferred on any municipal council by the provisions of this Code, can be exercised by such council only. Nevertheless, any council Which, under the Municipal 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. il- TITLE FIRST. MUNICIPAL BY-LAWS. rred upon ncilg may ler provi- stent with pal ordi- r^Ts, must y-Iaws in ormalities tnnnicipal rcised by Vfanicipal conferred Be of this led under CHAPTER FIRST. GENERAL PROVISIONS. 45S. The by-laws of municipal councils must not contain any provisions inconsistent with those of this Code or of any other law. (1) 454. Municipal by-laws come into force and effect as law, if not otherwise prescribed in the provisions contained in such by-laws, fifteen days after their promulgation, except always in the case of appeal to the county council against the pass- ing of a by-law by the council of a rural municipality, and in any other case otherwise provided for by the provisions of this Code. 499. Municipal by-laws which, in consequence of certain provisions of their own or of this Code, can only come into force at some stated period, must be promulgated at least fif- teen days before such period. 496. Every by-law passed by the council of a rural muni- cipality, and amended or confirmed in appeal by the county council, comes into force fifteen days after its promulgation or publication, in virtue of article 695. 497> The original of every municipal by-law, to be authen- tic, must be signed either by the head of the corporation, or by the person presiding at the council at the time such by- law was passed, and by the secretary-treasurer. (1) In Ex parte Papin, petitioner for habeas corpus, Montreal, 24th November, 1871, Q. B. C, in chambers, Drummond, J., 15 L. C. J., p. 331, it was held that the provisions of s. 17 of the S. of Q., 1869, 32 Vict., ch. 70, authorizing the city of Montreal to impose a fine and imprisonment for contravention of its by-laws are unconstitutional, because the Legislative Assem- bly has not itself that right, § 15 of s. 92 of the " British North America Act," 1867, giving only the light to impose fine or ti imprison as a sanction of its laws, and that a person condemned to a fine and to be imprisoned for having pinyed card-t in an hotel, in contravention to the provision of a by-law of the city of Montreal, will be liberated on habeas corpus. iy s*- >l 4 '■i ■I 11 122 MUNICIPAL CODE. BK. II. TIT. I. u m If it ha*- been necessary to submit the by-law for the approval of the municipal electors or of the lieutenant-gov- ernor in council, before it can come into force, and it has re- ceived one or other of such approvals, a certificate, under the signature of the head of the council and of the secretary-treas- urer thereof, certifying to each of these facts, must accom- pany and form part of the original of such by-law. 458. The secretary-treasurer of the county council must transmit a certified copy of any by-law passed by such coun- cil, to the office of the council of each local municipality within ,!.r '" Hs of which such by-law is in force, 45fi>. C >r more of the subjects mentioned in the pro- visions cf iiiLS uile may be provided for in one and the same by-law, provided that each of such subjects is within the jur- isdiction .1 thi oot;r M which passes such by-law. In the case oi sov^ al ubjects provided for in one and the same by-law, requirii;g the approval of the municipal elector or of the lieutenant-governor in council, one approval, given either by the municipal electors or by the lieutenant-govern- or, or by both, if necessary, suflices for the entire by-law. 460. {As amended by S. of Q. of 1872, 36 Vic, c. 21, «. 12.) The council may 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, 687, 588, 589, 590, 591, 608, 625 and 663. (1). 461. Municipal by-laws are binding until they have been annulled by the Magistrate's Court, or by the Circuit 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. (2). 462. Municipal by-laws remain in force until they are amended, repealed or annulled by some competent author- ity, or until the time for which they have been made has expired. (1) In Tlie Corporation of the County of Arthabaska and Pa- toine,Q. B. C, Quebec, 6th February, 1886, Borion, C. J., Ram- say, TeBsierf Cross, Baby, J. J., 9 L. N., p. 82, it was held that in proceedings to. have b. procks-verbal or a resolution of a municipal council declHred null, the jurisdiction of the Superior Court is not taken away by art. 100 M. C. 2. See notes under art. 100 and 809. ". .„g CH. II. JURISDICTION OP MUNICIPAL COUNCILS. 123 463. Municipal by-laws whioh were submitted to the ap- proval of the municipal electors, or of the lieutenant-governor in council, or of both, before they came into force and eflFect, can only be amended or annulled by another by-law approved of in the same manner. (I). CHAPTEE SECOND. BY-LAWS WITHIN THE JURISDICTION OF ALL MUNICIPAL COUN- CILS. 464. Every municipal council has a right to make, amend or repeal by-laws which refer to itself, its officers, or the municipality, upon any of the subjects mentioned in this chapter :— Section I. — Oovernment of the Council and ofiU Offlcera* 465. To compel members of the council to attend the sit- tings of the council or the committees thereof, and to perform their duties thereat. (2).' 466. To regulate the manner in which debates are to be carried on, and order and decorum preserved during the sit- tings of the council or of the committees. 467. To fix the number of days the ordinary sessions may last. (3) (1) In The Corporation of the Parish of St. Ouillaume, and the Corporation of the County of Drummond, Q. B. C, Montreal. 5th June, 1876, Dorion, C. J., Ramsay ^ Tessier, J. J., and McCora, J., ad hoc. 7 B. L. p. 721, it was held, amrmins the judgment of the C . C. of the County of Drummond, 27tn October, 1875 , Plamond&ii, J., that the nullity of a by-law of a municipal county corporation subscribing to shares in a railway company, under the provisions of ch. 25, C. S. L. C, ch. 83, C. S. C, and ch. 24, C S. L. C, 8. 24, § 10, 11, 13, 14, which has been approved by the lieutenant-governor, cannot be pleaded in an action for the recovery of taxes imposed by such by-law. <2) In Plante vs. Bivard, C. C, Three Rivers, 31et December, 1868, Polette, J., 2 R. L., p. 240, it was held that, under the dispositions of §1 & 2 of s. 24 of c. 24, G.S.L.G., authorizing every council to pass a by-law to compel the members thereof to at- tend the sessions of the oouncil,th*» members of a nuinicipal coun- cil cannot be condemned to a fine for want of attendance,if there is no by -law tocompelthem to attend an)de, of the accordance le perfortn- Lve not been Dmission. municipal is who have t they were ere the fees iC provisions st be posted icil. Beers by the ich they are Code, of any ek the office 'clock in the office days In the council uch hours. 7ict., c. 21, ». 1 newspapers, ; prejudice to ipality. itercst of the irable portion CH II. JURISDliDTibN OP MUNICIPAL CdUNCILS. 125 thereof, the construction, opening up, widening, deepening, altering, repairing, or maintaining at the expense of the cor- poration, of all ditches, water-courses, sewers, embankments and fences. Every by-law, made in virtue of this article, concerning a water-course, governed by an act of agreement, or by a. pro- cPjt-verbal, has the effect of subrogating the corporation in the place and stead of the persons bound to work at such water-course, in so far as the obligation to do such works is concerned. (1) 476. To authorize road inspectors to permit the execution of certain works, on municipal roads, fords, ferries, sidewalks or bridges, under the control of the council, which might have the effect of obstructing, impeding, inconveniencing and rendering passage on such public works dangerous ; and in every such case, the council must determine the conditions under which such permits may be granted. 476a. (Added by S. of Q, of 1885, 48 Vict., ch. 28, ». 9.) To order that fences be made of wire along municipalities' roads at the places which the council shall deem expedient. Section III. — Aid in the construction, improvement and main' tenance of Public Works or Undertakings not belong- ing to the Corporation. 477. (Aa amended by S. of Q, of 1882, 45 Vict.^ ch. 35, *. 12.) To assist by money, granted or lent, in the construction of any macadamized road, or the repair or maintenance of any road leading to the municipality, or of any bridge or public work, under the direction of the corporation of any other municipality. (1) Held :— TLat the flooding of a house, occasioned by the rising of rain water, which cannot escape because the public drain is obstructed, makes the municipal corporation responsible for the damages caused since it has been notified of the obstruc- tion of the drain, and put in default to repair the drain. S. C. Montreal. 30th May, 1871, Beaudry^ J., Boucher vs. The Mayor, the Aldermen ana ^e Citizens of the City cf Montreal, 15 Jurist, p. 272). In Leduc vs. The City c(f Montreal, 8. C, 8 L. N., p. 226, it was held that, where a municipal corporation is in possession of drain pipes, even thouch this drainage has not been built by the corporation, it is bound, by law, to keep them in good state of repairs, and is liable for damages incurred through their bad state as its powers are not legislative, and it cannot contend that it is bound to those repairs only according to its pecuniary resources and disoretiou. h ■i if *i %U ^ - r J h 126 MUNIOIFAL OOOE. BK. II. TIT. I. Ml If 1^1 i i si: i: hi' Hi IMI, 478* To aid in opening up and improving the colonization roads, declared by the lieutenant-governor in council to be colonization roads of the second or third clasr, in which the corporation has been held to be interested, in virtue of any law concerning colonization roads. 479. (As amended by S. of Q. o/1878, 41-42 Vict., ch. 10, ». 20, and S. of Q. o/1883, 46 Vict. ch. 28, a. 4.) To aid in the construction of any bridge, causeway, pier, wharf, slide, macadamized or paved road, omnibus or diligence lines, iron or wooden railroad, or other public work, situated in whole or in part within the municipality or its vicinity, to be undertaken and built by any incorporated company, or by the provincial government, or by any person or firm of persons. 1. By taking and subscribing for shares in any company formed for such purpose j 2. By giving or lending money or debentures to such com- pany, or to the Provincial Government, or to any person or firm of persons who shall undertake the establishment of any of the public works above mentioned ; 3. By guaranteeing by endorsation or otherwise any sum of money borrowed by such company or by the government, or by such person or firm of persons. (1) (1) Held : — ^That when the amount of a municipal corporation's BUDscription to a railwajf company was payable either in deben- tures or money, the corporation could nut, by a mere notarial protest served on it fixing a time for the delivery of the deben- tures, be deprived of its option to pay in debentures, that >he action against the corporation should have given the alternative, and that the corporation can only be deprived of its option by the expiration of a delay fixed by a judgment. (Q. B. C, Montreal^ 20th December, 1879, Doriorif C. J., Monk, J., Ramsay, J. (dissi- dent), Tessier and Cross, JJ., The Laurentian Railway Co.. ap- pellant, and The Corporation qf the parish of St. Lin^ respondent, 24L.C. J., p. 191). In The Corporation of the Cotmty of Ottawa and The Montreal, Ottawa and Occidental Railway uo., Q. B. €•, Montreal, 27th No- vember, 1883, Dirrion, C. J. (dissident), Ramsay f Tessier, Cross, (dissident). Baby, JJ., 28 L. G. J., p. 29, it was held, affirm- ing the judgment of the S. C, Montreal, 18th April, 1882, Tor- mnce, J., 26 L. G. J., p. 148, and 5 L. N., p. 132, that the obliga- tion of a municipality to give debentures in payment of a suba- cription of shares in a railway is not to be treated as a mere obli- gation to pay money, in which case, under G. C. 107, the damages resulting from delay consist only of inter lit ftom day of default. In The Eastern Tovmship Bank vs. The Municipality of the Township of Compton etal., S> G., Sherbrooke, 7th January, 1871, Doherty, J., 7 B. L., p. 446, it was held that by-law So. 37, colonization ouncil to be n which the irtue of any Vict., ch. 10, To aid in vharf, slide, le lines, iron ed in whole cinity, to be ly, or by the of persons, ny company ;o such com- ly person or ment of any I any sum of rernment, or corporation's ler in deben- lere notarial if the deben- ires, that > he i alternative, option by the , Montreal f fay, J. (dissi- hoay Co., ap- respoudent, r^e Montreal y 'eal, 27th No- 388ier, Cross, held, afflrm- 11, 1882, Tor- it the obliffa- mt of a suba- a mere obli- the damages ly of default. ipality of the anuarv, 1871, r-law No. 37, CH. II. JURISDICTION OF MUNICIPAL COUNCILS. 127 480. U« replaced hy S. of Q. of 1882, 45 Vict., ch. 36, #. 10.) To aid in the establishment of manufactories and the construction of electric telegraph lines : 1. By subscribing for or holding stock in any company formed for such purposes ; 2. By giving or lending money or debentures to such com- pany, or to any person or firm of persons, who shall undertake the establishment of a manufactory in the municipality of the construction of electric telegraph lines. 481. Every by-law passed in virtue of the two preceding articles, before coming into force and effect, must be approved by the electors of the municipality and by the lieutenant-gov- ernor in council. (1) 482. If the price of the shares fixed upon by a by-law of the council passed in virtue of articles 479 and 480 is not in hand, none of such shares can be taken or subscribed for in execution of such by-law, by the head of the council or other person thereunto authorized, before the council has ordered an issue of debentures or a loan to be contracted sufiicient to cover the amount of shares to be subscribed for. 483. By-laws made in virtue of articles 477, 479 and 480 may determine the conditions under which assistance or sub- scription for shares is authorized. Skction IV. — Aid to Colonization, Agriculture, Horticulture , Arts and Sciences. 484. (As amended by S. of Q. of 1871, 35 Vict., c. 8, s. 13.) To aid in every suitable way, colonization within the province, and agriculture, horticulture, arts and sciences, within the municipality or within the limits of such agricultural society, in which such municipality is situated. of the courty of Compton is legal and there is res judicata as to the legality arising from a judgment rendered by the Superior Court, in iSherbrooke, the 10th December, 1870, and declared va- lid by the S. of Q., 1870, 84 Vict., ch. 30, s. 3. In La Compagnte du Chemin de Piage de La Pointe Claire and Leclaire.Q. B. C, Montreal, 9th December, 1884, Dorion, C. J., Monk, Ramsay, Tessier and Baby, J. J., 1 M. L. R., p. 296, it was held that a company duljr mcorporated, under a3 Vict., ch. 32, had the right to macadamize a front road within the limits of a village municipality, to build turnpikes, and to collect tolls. See note under art. 463. (1) See notes under art. 698. 128 MUNICIPAL CODE. BK. II. TIT. I. i 484a. (Added hy S. of Q. of 1875, 39 Vict., c. 29, ». 7.) To establish and manage alms houses, or other establishments of refuge for the support of the necessitous; and to aid charita- ble institutions established in the municipality. Section V. — Acquinition of Property and Public Works 4S5« To acquire, gratuitously or for a consideration, cither in whole or in part, all beach lots, bridges, toll-bridges, roads, wooden railways, macadamized roads, piers, wharves, dykes, embankments, or other public works, a part at least whereof is situate within the limits of the municipality, together with the lands and dependencies required for the use or manage* ment of the same. (1) 486. To acquire, for the use or in the interest of the cor- poration, either gratuitously or for a consideration, any other (1) Hilaire Thiberge obtained from the r vd^slative Assembly, by 26 Vict.,c. 32,tlie right to levy tolls on a bridge by him built over tlie Yamaska River, in the village of St. Pie. This Statute, s. '"\ forbids the establishment of any oridge for the conveyance of ' person, cattle or carriage whatsoever, for hir«». within one ' above, and one mile and a half below the said bridge, under uu. alty of a fine of forty shillings currency ; provided that nothing shall be construed to deprive the ftublic of the right <»f crossing the river within the limits aforesaid, by fording or in canoes or otherwise, without payment. H ELD :— That the ownership and possession of Th^berge are not sufficient to give rise to an action en complainte or en a^non- ciation de nouvel cBUvre against persons who would build "x bridge within the limits above mentioned ; that under the provisions of this statute a bridge may be built within the limits of the village, but not for hire ; that the persons who have commenced to bnlld within the limits of the plaintiff's privilege, a bridge for their free conveyance and for 400 others, without liire, have not erected abridge with the view of hire, nor have they violated the plaintiff's privilege, nor disturbed hi8 possession, that the only right of the glaiutiff would be a suit for fine, in case of the buildii)g of a ridge for hire, within the liirits of his privilege. S. C, St. Hy- acinthe, 2nd December, 1872, Sicotte, J., Oirard vs. Bilanger et al., 17 L. C. J., p. 263, 4 R. L., p. 467. In The Municipality of the Township of Cleveland et al., and The Municipality of the Ttnvnship of Melbourne and Le Brompton Gore, Q. B. C, Mmitreal, 20th February, 1881, Dorion, C.J.,Afonk. Ramsay, Cross and Baby, JJ., 26 L. C. J., p. 1, it was held that the act of the local IjCgislature of Quebec, 18 ^9, 32 Vict., ch. 16. s. 190, authorizing the lieutenant-governor in council to de- clare forfeited, for want of repairs, the right of collecting tolls on any toll-bridge and to transfer the property therein, is withia the powers of Che local Legislature. rovide for the establishment, protection and management of water works, public wells or reservoirs, and 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 administra- tion, or for any special purpose whatever within the scope of the functions of the council. (I) (1) In lyubols vs. The Corporation of The village of Acton Vale^ C. C, St. Hffacinfhe, 29th November, 1870, Sicotte, J., 2 R. L., p. 565, it was hpld that the by>law of a municipal council order- ing to levy a siim of moiiev Ho pay the corporation's debts and the expenses of the municipal councU, for tbflyt»ar 1869," without precisely pointing out iheae debts and expenses, is contrary to the niunioipai law and must bo declared null ; That every rate-payer who has paid his taxes, under such a by- law, may, by invoKlng theuullity thereof, recover them back from the corporation ; That if the collection roll mentions the taxes due by a rate- payer at a larger sum than it should be, under the by-law, such roll is null quoad that rate-payer for the surplus. In Chulet vs. The Corporation of The parish of Sie. hfarthe, C. C, Afon i 400. {Asamendedhy S. of Q. cr/1872, 36 Ftcf., c. 21, s. 14.) To levy by means of direct taxation on all the taxable pro- perty or only on the taxable real estate, belonging to those persons who, in the opinion of the council, are interested in any public work under the control of the corporation, or be- longing to those who benefit by such work all sums of money required for the construction and maintanance of such work* (1) 491. To levy, by means of direct taxation, money required for any purpose within the scope of the functions of the coun- cil, on all taxable property, or only on all taxable real estate comprised within a part of the municipality, on petition by the majority of the rate-payers liable to pay such tax^ to the extent and under the conditions set forth in such petition. The county council only exercises the power conferred by this article when the territory, by the majority of the rate- payers of which such petition was presented, is situated in two or more local municipalities of the county^ or when the money to be raised and levied is to be employed on some public work which falls under its jurisdiction. Section VII. — Loans and hsue of Debentures, 402. To borrow money in sufficient sums for any purposes within the jurisdiction of the council. (2) J., 8 L. N., p. 119, it has beon held that taxes cannot be imposed by county council otherwise than by a by-law, and that the im- position of taxi 8 by resolution is illegal. (1) See note under art. 941. (2) In Pacand vs. The Corporation of Halifcu: Sud^S.C^., Que- bec, 15th December, 1866, JWf'r^^r/*/^. C J., iStuart, J , Tnscherenn, J., 17 L. C. K., p. 56, it has b^^en held that when the authorizatiun of making promissory notes and of accepting bills of exchange is not expressly given to municipal corporation, sucli an authori- zation could not be presumed to he iu>cessary for ilie objects of the corporation, and that the legislation having established, lor the municipalities, another mode of borrowinsr a promissory note made by a municipal corporation to settle tue amount of a judgment against them, is null. Ill Ledoux \B. Picotte et al., S. C, Montreal, 20th December, 1878, Alackay, J., 2 L. N,, p. 37, it lias been held that a promis- sory note, signed by the mayor and the secretary-treasurer of the municipality, according to a resolution of the council, authori- zing them to pay a debt due by the corporation, is valid and obliges the corporation, and that a creditor of the receiver of such a note from the corporation cannot maintain a saiaie arret enmain tierce issued against the corporation, and contend that the note being null, the corporation was still debitor. See note under art. 4. f . GH. II. JURISDICTION OF MUNIOIPAL COUNCILS. 131 ly purposes 493. To issue debentures for any amount deemed requisite, to obtain money for any purposes within the jurisdiction of the council. •494. Every municipal by-law, which orders or authorizes a loan or an issue of debentures, must declare the purposes tu which the sum so borrowed must be applied, and may con- tain all provisions deemed requisite to ensure the proper ap- plication of the money and the attainment of the end set forth in the by-law. 495. (As amended by S. of Q. of 1875, 39 Vict., c. 29, #. 8.) No debentures can be issued, and no loan can be contracted, unless the by-law which authorizes the issue of such deben- ture or the contracting of such loan, imposes upon all taxable property liable for the payment of such loan or debentures, an annua) tax sufficient for the payment of the yearly inter- est 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. (1) 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 taxable real estate of the whole municipality is subject for the payment of such loans or de- bentures, and in all oases by the lieutenant-governor in coun- cil. (2) 497. If only the taxable real estate of the municipality is liable for the payment of such loan or debentures, the muni- cipal electors, who are the proprietors of such real estate, are alone entitled to vote in approval or disapproval of sucb by-' law. 49S. It is the duty of the secretary-treasurer of the coun- cil, which has passed any such by-law, to forward to the lieutenant-governor, together with a copy of the by-law sub- mitted 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 th«? special oath of the secretary-treasurer. (1) See art. 950 and notee under the same. (2) See note under art. 696. r r 4 m WB^VSWAh' CO»li. BK. II. TITk I. SXGTiOif Y^JJL.—^Admini9tration of Corporation FkntU. 499. (i4# amended by S. of Q. of 1976, 40 Vict., c. 18, «. 1 ; fty S. of Q. of 1878, 41 Vict., c. 18, ». 16 and by S. of Q. oj i878, 41-42 '^Hct., c. 10, 8. 22). To deposit at interest in a char- tered bank, or to invest in the public funds of Canada, or of this province, or on first hypothec, any moneys belonging to the corporation ; but when the suras are intended to form a sinking fund, for the redemption of debentures issued, the council may, instead of depositing the same in an incorpor- ated bank, redeem its own debentures. Any municipal corporation in this province which had any agreement with any incorporated bank or other institution, fqr depositing sinking fund in virtue of any resolution or by- law of such corporation, or otherwise to redeem debentures issued by such corporation, in virtue of any such by-law pre- vious to the passing of the above mentioned act, (viz., the 40 Vict.y c. \9jpa$sed on 28th December, 1876) may withdraw any money deposited in virtue of the same, together with the in- terest thereon accrued, with the consent of such bank or in- stitution» 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 inter- est thereon accrued, to such corporation on receiving a reso- lution 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 de- posit temporarily in a duly chartered bank, all moneys pro- ceeding from municipal taxes or dues or belonging to the cor- poration, 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 appropriated form part of the general fund of the corporation. Whenever any sum levied exceeds in amount the sum re- quired by the council to meet the liabilities for 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 general fund of th« corporation, may be employed for apj pnrpPte wHWn the scope of the functions of tne couftcU,, •» u OH. 11. JURlSDICTIOir OF ItTKieiPAL CCyUKOILS. 193 Srction IX. — Miscellaneous Prottsions. 503. To establish and manage a sinking fund for the pur- pose of liquidating any municipal debt* 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 whioh such rewards are given. 506. To offer and give rewards for information which maj lead to the discovery and arrest of persons who have commit- ted criminal offences. 507* To authorise the oflBcers 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 or not the by*law8 of th« council are carried out. To oblige owners or occupants of such properties, buildings and edifices to receive the ofiBcers of the council, and to ans- wer truly all questions which are put to them relative to the carrying out of such municipal by-laws. 508. (A» amended hy S. of Q. of 1878, 41 Ftcf., c. 18, ». 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 inflicted by the court, unless they are fully des- cribed and set forth in the by-laws respecting them. (1) iated form (1) In CorbeUle vs. The fJorporatinn qf village of Si. Jean Bap- tiste^ C. C, Montreal, 11th April, 1876, Dorion, J., 7 K. L., p. 616, it has been held that the unconstitutionality allesed in the last part of art. 508, M. C, which contains the following, before the anieiidnient of 1S78 *' or both together," do not cause the nullity of the whole article, and that a municipal by-law bearing the pain by flne or imprisonment could, under such a depositor oi the art. 508, as it was existing first, be amended in order to impose either one or the other only. Held :— T!iat the S. of Q. of 1869, 32 Vict., ch. 70, h. 17, giving )Ower to the council of the City of Montrt-al to impose, in Its by- aws, a flne and costs, and in default of itn mediate payment, ni prison men t, as to impose a flne and costs besides the said nnprisonnipiit, ts unconstitut'onal, the ss. 15 of s. 82. of the ^^ North Jiritish America Act, lb07," authorizing the alternative of the fine or impri^'oumeut only (S. G. Montreal, 20th Sept., 1872, Torrance, ^^^ 134 MUNICIPAL CODE. BK. II. TIT. I. Hi! ill 1 'i 500. Every council may also, in the interest of the inhabi- tants of the municipality, make, amend or repeal any other by- law, for a purely local and municipal object and not specially provided for by this Code. 509a. {Added by S. of Q. of 1883, 46 Vict., c. 28, ». 5.) Every municipal council shall further have all the powers granted to county councils, by article 521, as amended by the act. 45 Vict., cap. 35, sec. 14. J., Papin, petitioner for certiorari, and The Mayor et al. of Montreal, prosecutors, 16 Jurist^ p. 319.) The coutrary has been held by Sanhom, J., 12 R. L., p. 476. In Brown, petitioner for certiorari, and Sexton, recorder, B.C., Montreal, 30th May, 1874, Torrance^ J., 18 L. C. J., p. 194, it has been hi Id that a conviction baeed upon a municipal by-law Drdering a penalty for every day that a thing continues to be done (the keepine of a private stall), while the statute upon which the by-law is framed, authorizes the corporation to impose such flues not exceeding $20, or such impiiSwUment no . txceeding 30 days or both, will be quashed. Held :— Thata municipal by-law of the city of Montreal, made under the following statutes of C. of 1860, 23 Vict., ch. 72, s. 13, of 1864, 27-2? v., ch. 60, s. 50, and of Q. of 1869, 32 Vict., ch. 70, s. 17, authorizing the council to pass by-laws imposing fines or impris- onment, or both, which gives the recorder pow^r to conrieninto a fine or to imprisonment is illegal, as it gives the recorder a dis- cretionary power which the law gives to the council only, and that a conviction under such a by-law imposing fine and impris- onment in default favor of payment is illegal. Held also :— That a cunvictiou condemning to costs is illegal, if the by-law doe^ nut specially authorize such a condemnation to costs. ^S. C. Montreal, 18th Dec. 1S68, Tmi'ance, J., ex-pnrte, Mary, petitioner for certiorari, and Sexton recorder, and The Mayor et al. qf The City of Montreal, prosecutors, 14th Jurist, p. 163, and 2 K. L., p. 188.) Held:— That the Superior Court has a discretionary power, under the stat. of Q. of 1878. 41 Vict., ch. 14, to issue an injunction to the city of Montreal, ordering the city to suspend proceedings before the Recorder's C urt, for the enforcement of an alleged illegal by-law, and this ' ven when the question c f the validity of such by-law is ' ending before the Court of Appeals ; that the court will not exercise such power, unl ss the party petitioning for the injunction U with'^ut other remedy and is exposed t irre- parable injury, especially if the issue of tlie injunction will cause serious injury to the party enjoined that the condemnation to a flue, with a term of nnprisonuient in default of payment, does Dot constitute a case of irreparable injury. (S. C. Montreal, 25th November, 1879, Papineau, J,, Mallette et al. vs. The City of Montreal, 24 Jurist, p. 264.) CH. II. JURISDICTION OF COUNTY COUNCILS. 135 CHAPTER THTED. BY-LAWS SPKCIALLY WITHIN THE JURISDICTION OF COUNTY COUNCILS. 510. Every county council may also make, amend or re- peal by-laws for any of the objects mentioned in this chap- ter : — Skction 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 passed v»ith the concurrence of two- thirds of the members of the council in oflRce. After a registry office has been established therein, accord- ing to the provisions of article 2158 of the civil code, or a public building for the use of such council has been provided, or is in course of construction, the chief-place can only be changed by the provincial legislature. Section II. — Circuit Court and Registry Office of the County, 512. 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 consolidated statutes for Lower Canada. 513. To provide for the construction and maintenance of a building designed for the circuit court at the place appointed for such purpose. 514. To provide for the construction and maintenance of a registry office either apart from or forming part of any court house in the county, with .a metal safe, or fire-proof vault for the preservation of the books, deeds and papers of the office. (I). (1) Held:— That when by a by-law of a municipal county conncil a committee has been appointed to acquire, for the council, a piece of land to erect thereon a building for a registry office and for a Court House, that committee exceed ttieir power, if they give a contract for the construction of a building to be used as registry office, as a Court House, and also as a publit; hall f ir the use of the parish where it is erected, even if he costs of the buildii>g do not exce d )he limit put by the by-law ; and tt at tbe con- tractors will hnve no action against the corporation on such a contract, the corporation having * otifl'^'d him t' at it will not be responsible fur works done under such a contract, (S. G. Mont- real^ 30th Sept., 1870, Torrance, J., Fournier (lit l*r^ontaine vs. The Corporation of The County qf Chamblf/ , 14 Jurist, p. 295. i I M 136 IfUKIOlPAL CODE. BK. II. XIT. I. m III Sia. (An amended by S. of Q. o^ 1878, 41 Vict., ch. 18, ». 18, and by S. of Q. of 1885, 48 Vtvt., ch. 28, e. 11.) Every county corporation is bound to provide and keep constantly in perfect repair a suitable and ample metal safe or fire-proof vault in the registry office of the county or registration divi- sion, 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 comply with the provisions of this article is liable to the crown in a penal- ty of two hundred dollars, recoverable as a debt due to Her Majesty, and is further responsible for all damages occasioned by such omission or neglect. 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, as well as the costs occa- sioned for the erection and repair of the place absolutely required for registry offices, in the same proportion as the other local corporations of the county, according, however, to the total amount of the valuation of its taxable property ; and I rir In Mygnerand and LegctrS, Q. B. G. , Quebec, 3rd December, 1879, Dorion, C.J., Monk, Ramsay, Tessiet , Cross, J. J., 6 Q. L. R., p. 120, it has been held that every road opened to and frequpnted by the public, as such without contestation, during ten years and more, is considerpd to be a public road. In (ruy et al. and The City of MotUreal, Q. B. G , Montreal, 24th November, 1880, Dorion, C J., Monk, Hamsay, Cross, J.J., and Doherty, J., ad hoc, 3 L. N., p. 402, it has been helci that a writing is not required to establish that a property has been abandoned to the public to be used as a public t>treet, nnd that he fact that a street was openly used by the public without dispute, for upwards of ten years, as a highway, is sufficient proof of destinatiou by the proprietor in fav» r of the corpor tion. In The Corporation of St. Martin vs. Cantin, S. G., Montreal, 2nd December, 1878, Mackay, J . , 2 L. N , p. 14, it has been held that a village corporation seekini; to have a lane declared a pub- lic r«>ad, must establish by positive evidence the existence of the right alleged, and that it is not sufficient to show that inhabitants ox the village passed by the lane, m re especially when the facts appear to i dicate that the 1 «ne was opened originally for the privae convenience of adjoining proprietor. la The Corporation qf JbervUle, and Jones et al., Q. B. G., Montreal, 22iid June, 1880, Dorion, G.J., Monk, liamsay, Tssier. Crott, J. J., 3 L. N., p. 277, it has been held ihat a municipal corporation has not the right to expropriate for the purpose of openinff a street, the property which has been already expro- priateo, under a special statut«>, to build a bridge for the puolic use. •♦.J.. "«• OH. III. JURISDICTION OV^ OOXTNTT OOUNOILS. 137 the county oorporation may determine its share and recover the amount thereof in the same manner as from any other local corporation. If the council of such city or town neglects or refuses to produce, at a suitable time, an authentic certificate of the valuation of its taxable property, the county council may de- termine the amount of its share as it may deem proper. 516. If it is established that a registry office is without a vault or safe, or that such vault or safe is defective, the lieu- tenant-governor may order the recovery of such penalty from the county oorporation in default, and may cause a proper safe to be placed, or a proper vault to be built, in such regis- try office, or the existing safe or vault to be renewed or repair- ed at the cost of the province ; and the sum so expended may be recovered from the corporation as a debt due to the crown. 517* If there are several county municipalities in the same registration division, the penalty, expenses and costs are due by all the county corporations, and may be recovered from any one of 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, 510. To cause mile posts and guide posts to be set up on municipal public roads, or on those belonging to trustees of turnpike roads or others, to show the distance from the • T~y cipal places to which such roads lead, at the expense ot porations of local municipalities in which such mile post» ai^ placed. 520. To place toll-bars on the bridges under the control of the corporation of the county ; and to levy toll on the persons, animal and vehicles which pass over such bridges. The council may, by such by-law or by any subsequent by- law, exempt from tolls such persons as it may deem desira- ble. By-laws made under this article have no force and effect, until they have been appraved^by^ the liQuteoAatvgpvecAor in oounoil. -:4i H i 138 MUNICIPAL CODE. BK. II. TIT. I. :| :H. m 531. (A» amended hy S. of Q. o/1882, 45 Vict.y eh. 35, «. 14.) To prohibit 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, when they are not harnessed abreast, be harnessed in such a manner that the left runner of the vehicle shall run in the tracks of such horse or horses or other beasts of draught ; and further to regulate the construc- tion of the vehicle to be used by such persons, on such roads, in so far as the length and breadth thereof is concerned. (1) 922. To prevent, on the opposition of any interested party, the construction of macadamized or planked roads by road companies, according to the provisions of chapter seventy of the consolidated statutes for Lower Canada. Section IV. — Fire in the Woods. 523. To determine the periods of the year during which fire must not be applied within the limits of the municipality, to lands, brush-wood, trunks of trees, stumps, fallen trees, and other timber, for the purpose of clearing or improving lands. This power, however, is not to be constructed so as to affect the provisions of chapter 36 of 33 Victoria, statute' of the Province of Quebec. (2) Section V. — Indemnity to Members of the Council. 524. To award and fix an indemnity to the warden, tu the members, and to the delegates of the council, for their travel- ling expenses and board. SI I - I I r! (1) See note under art. 698. (2) Held :— Tliat when a person sets fire on his land, to clear it, and that the fire, excited by a violent wind, communicates to the property of a neighbor, the person having set the fire is respon- sible for the damag'^s caused to the neighborhood (S.C.R. Mont- realf 30th November, 1870, Berthetot, J., Mackay, J., and Beau- dry, 15 Jurist, p. 80 and 1 R. C, p 120.) In Turcotte and Rioux, Q. B. C., Quebec, 5th November, 1876, Dorion, C. J .. Monk^ J., Jtamsay, J., Sanborn^tJ., Teaner,J„ 9 R. L., p. 363, it has been held that the plaintiff who claims damages caused to his crops by a fire which has originated in trees cut down on his neighbor's propertv, must prove that the fire has been set by such neighbor, the defendant, or that the latter has ordered it to be set. CH. IV. JURISDICTION OF LOCAL COUNCILS. 139 CHAPTER FOURTH. nY-LAws Specially within the jurisdiction op local COUNCILS. 52.1. Every local council may further make, amend or n'pe.il by-laws for each of the objects mentioned in this chapter. Section I. — Public Highways. § I. Roads and Bridges. 526. To order the opening, construction and maintenance of public roads or bridges in the municipality, under the management of the council. (1) 527. To order the widening, altering, or change of position of all municipal bridges or roads, in the municipality. 528. Whenever a municipal council has passed a by-law or resolution, in virtue of the two preceding articles, the proceedings prescribed by the provisions of article 794 and the following articles to article 821 inclusively must be car- ried on without delay ; to regulate, determine, and apportion the works ordered by such by-law. (1) In Bninet et al. and The Corporation of the ViUcufe of Cote St. Louis, Q.Ti.C, Montreal, 2Gtht)ecomhw, 1885, Dorion, (\J., Monkj Ramsay, Tessier, Bal>y, JJ., 2 M. L. R.. p. 103, it has been held that a municipal corporation cannot validly bind itself to make a by-law ordering the opening of a street ; that in t.' e case of such a deed the default to make it does not authorize any recourse agninst the corporation. In The Coloration of St. Gabriel West and Hal ton, Q.B.C., Quebec, Gth March, 1877, fiorion, C. J.| Monk, Ramsay, Tessier, J. J., 8 R. L., p. 293, it has been held that a petitory action mav issue against a municipal corporation to claim a property which has been iilega'ly taken by the corporation for the purpose of opening a road ; that damages may also be claimed by the same action. In Callaghan vs. The Corporation of St. Gabriel West, S.C-, Quebec, 7th Decpmb^ir, 1876 Dorion, tt., 4 O. L. R., p. 50, and 8 R. L.. p. 203, it has been held that a corporation having passed an illegal by-law to open a road over one person's propei'ty, is liable for any dam ige incurred by them at the suit of the proprietor coni- p aiiiing to have been injured by the opening of such road in an illegal niannt^r, and without observing the formalities required by the Municipil Code. The plaintiff has bpen employed by the road inspector to open that road over Halton's property, who had sued the former and obtained damages against him, which damages the corporation was condemned to reimburse him. I 'TW 140 UWUGlFjLh.eOBE, KK. U. TIT. !• I ■\I 520. Nevertheless, if the works mast be ezeonted at the expense of the corporation, under article 535, no proc>.n-ver' bat la made, and the works are legalated and determined by the council which orders the same. 580. To order, after having given public notice, the closing or destruction of any municipal road in the municipality, whether governed by a. proc^s-verbal or not. (1) 531. The opening, constructing, widening, altering, diverting, or keeping in repair of municipal roads or bridges, may also be ordered by & proc^n-verhal duly homologated by any council or by a board of county delegates, subject, never- theless, to the approval of the county council in the case of the following article : 582. (^Repealed by S, of Q. of 1872, 36 Vict., ch. 21, ». 21. 583. To cause the levelling or cleaning of any ford and the raising, rounding, paving, macadamizing, gravelling or planking of any road, or part of a road under the direction (1) In The Mayor et^eU. of Montreal ^ and Drummond, Q. B. C, Montreal, 20th June, 1874, Taschereau, Ramaay, Sanborn, JJ., Mackay, diss., J., Torrance, J , (diss.) 18 L. C. J., p. 225, and 22 L. C. J, p. 1, it has been held that a corporation having acquired a right to close streets generally by an Act amending its charter, and in which Act there is no menlion of indemnity, may be con- demned to pay damages for the exercise of the right conferred by such amending Act. The Privy Council before which the case was brought on the 16th May, 1876, held that the house owuers, along a street, had no right to an indemnity because an end of the street would be closed according to the disposition of an Act of the Legislature, authorizing the corporation to act so. In The ^Corporation of the South part of the Townships of Cole- raine and Ireland, and Larochelte, Q. B. C, Quebec, 8th Mavi 1881, Monk, Ramsay, (dissident) Tessier, Cross, Baby, J. J., 13 B. L., p. 697, it has been held that a municipal corporation which illegally orders t<> close a municipal and public road existing for more than 20 years and which is the front road of a concesHon, wiil be liable for the damages resulting therefrom to the pro- prietor residing along that road. In Lambert and Tm Corporation of St. Romuald and Tlie Cor- pora^ion of The County of Levis, C. C, Quebec, 27th May, 1876, Vorion^ J., 1 Q. L. B., p. 310, it has been held that a local muni- cipal council cannot close a road leading from the municipality represented by the council to a neighboring municipality, with- out having given a notice to the interested parties of such neigh- boring municipalijby,jeT«n.ttaoi|8U . tkis. latter iaaot bouiuLto.tbe ketpUig of .th^MM. OH. IV. 9I7RI8DI0TION OF LOCAL OOUNOILS. 141 of the oounoil, at the conts and charges bf any one who is liable for the work on such ford or road. Nevertheless, if the work of paving, macadamizing, gravel- ling or planking, must be performed by the rate-payers liable for the road-work, or at their expense, the by-law, which orders such work, can only be parsed on petition of the ma- jority of the taxable proprietors so liable. (1) 534. The works ordered on municipal roads by any by- law made in virtue of the preceding article, are governed and determined by the by-law which prescribes them, even in cases in which they must be performed by the rate-payers bound to do work on such roads by proe^a-verhal or by the sole provisions of the law. 535. {An amended by aS. of Q. o/1878, 41 Ftc«., ch. 18, «. 19). To order that all the local orooutity municipal roads or bridges for which the rate-payers are liable, and which Are situated within the limits of the local municipality, be, fbr the future, made, improved and maintained at the costs aiid charges of the corporation of such local 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, in the place of the rate-payers of such muni- cipality, in all obligations of which the latter may be bound, in reference to all municipal roads or bridges, local &nd county, water-course bridges, and road bridges. The council may, however, except and leave in the keeping of the persons who are bound to do work thereon, front roads as well as roads or bridges leading exclusively to ferries or toll-bridges. This article does not apply to those referred to in article 749. Any by-law made in virtue of this article shall only come into force on the first day of the month of January following its promulgation. (2). (1) Hbld : — That works done by a municipal corporation, in changing the level of a street, constitute, for the proprietore along the street a partial expropriation authorizing the less ea to obtain a diminution of the rent or a resiliation of their leases ; that the lessees havR also, in that c se. a direct recourse in damagf>s against the corporation. (8. C. R., Quebec. 3\Bt March, 1875, Stuart, J., Tessierj J., et Caron, J., Motz vs. Holiwellet aL, 1 Q. L. K., p. 6i.) (2) In Boutelle vs. The Corporation qf The village of Danvftle, C. C, Sherhrooke» 9th July, 1874, Dohe^p, J.,'6iEt. L., "p. 2, If #ts , all • M .i>i I 142 MTKICIPAL CODE. UK. II. TIT. I. 686* 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 corpo- ration, 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 they proceed from procis- verbaux, by-laws, or the provisions of the law, under the same penalties as such rate-payers. 037* During the whole time such a by-law continues in force, every part of a prochn-verhal or of a by-law which determines the work to be done, the manner in which it is to be done, the nature and quality of the work, and the duties of the road officers, remains in force and is obligatory upon the corporation j the other parts of the prov^s-verbal or of the by-law are suspended, and after the repeal cf such by- law, revive and take effect. 538* The council may, by resolution, define the manner in which the money levied for su^ch 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 articles 786 and 787. 539. The road inspector of the division must take care that such work is executed by the corporation in the manner required by the proc^-verbaux or by the provisions of law which 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. > -f j: V- i. I V . 1 i:¥ i i i .. 4 ■^^=^ held that there is no action for quantum meruit a^ a muni- cipal corporation for works done on roads. In Hough vs. The Corporation of the South part the i un- ships qf Ireland and Coleraine, Q. B. C. , Quebec, 8tii May 1885, Dorion, C.J., Monk, Tessier, CrosSt Baly, J J., 13 R. L., p. -ri, it was held that a municipal corporation and those wht ni it employs to work on a road opened for upwards of 25 years, duly regulated by proch-verbal, and declared municipal road by a judgment, cannot be sued by an action en comp/uinte. and for damages by the proprietor of the land over which the load passes. See notes under arts. 793, 868. CH. lY. JURISUIOTION OF LOCAL OOUNCILS. H3 • M [passed in >f placing )al cor|)o- Ir work on irporation. Id stead of under in ^m provls- I under the tinnes in aw which ich it iH to the duties itory upon rbal or of f such by- le manner I expended make any rtieles 786 take care he manner ons of law ^ration to prosecute a niuni- fhe f trn- May 1885, >P. -^1, it whf ni it ears, duly road by a e. and for the load 940* •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 come into force 4)M the first day of the month of January next after its pro- mulgation. 541. To fix the time during which persons bound to keep in repair winter roads under the control of the corporation must keep the fences, mentioned in article 836, levelled, in the manner set forth in such article ; to compel such persons to put the fences up again ; or to exempt them from taking them down. 542. To place turnpikes on bridge.^, or on macadamized, paved, or planked roads, under the control of the local corporation ; and to levy toils on persons, animals and vehicles passing over such bridges or roads. The two last paragraphs of article 520 apply also to by- laws made in virtue of the preceding provision. § II. — Public Places, 543. To open, enclose, embellish, improve and maintain, at the costs and charges of the corporation, squares, parks, or public places, of a nature to conduce to the health and well-being of the inhabitants of the municipality. § III. — Sidewalks and Sewers, 544. To oblige the proprietors of lands situated on roads belonging to trustees of turnpike roads, on municipal or other roads, or on public places, in the whole municipality or in a part only of the municipality, to mike and maintain on such roads or public places, in front of their respective properties, sidewalks of wood, stone or other material fixed upon. 545. To oblige such proprietors to make and maintain sewers in front of their respective properties. 546. (As amended by S. of Q. of 1878, 41 Vict., c. 18, «. 20.) To fix upon the manner in which such sidewalks or sewors must be made or maintained ; and even to construct th I at the expense of the corporation j or by apportionment upon a portion of the municipality. § IV. — Miscellaneous Provisions. 547« To cause trees to be planted along roads, belonging to trustees of turnpike roads or along municipal or other m ■m m i^m i-'^ 144 MVNIOIPAL CODE. BK. II; TIT. I. Shi ■i ccu- pied and used as th** property if a ferry company, is liable to taxation by tUf municipality. By the §2, s. 3 ot the ch. 75, C. S, L. C, it is decreed that when a bank of any river is in one district or county and the opposite bank is in another, the centre of the main channel of the river is the boundary between the two districts or countJ&s, each of which extends to the centre of such main channel. See § 1 of the art. 19 M.C. By s. 56, ch. 3 of the S. of Q. of 1878, 41 Vict., it is pro- vided that no license is required to carry on the vocation of ferryman between the river banks of the St. Lawrence, exct»pt between t'iC city of Montreal and the town of Longueuil and between the said city and Laprairie, and between I^achine and Gaughnawagar at the placi^8ih|id IMtis iiidjjcul^^d in the. U^sonse by tlg^e Hcensfi iuspeQtcti^, CH. IV. JUBISDIOTION OP LOCAL COUNCILS. 145 ( JJi 5.50. To fix or approve the tolls payable for crossing such ferries either in a boat, steamboat or other craft. 551. No by-law, made in virtue of the two preceding arti- cles, can fix or approve the tolls payable by certain persons at a less sum than those payable by others, nor give certain per- !?ons or localities advantages refused to others. 552. (As amended by S. of Q. of 1878, 41 Vict., ch. 18, «. 21.) No license issued for 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 may make by-laws respecting such ferry, under articles 649 and 560 ; but such by-laws have no force and effect until they are approved by a resolution of the council of the other municipality, or in default of such reso- tion, by lieutenant -govenor ip council. Skction III. -"Plan and Division of the Municipality. 554. To have maps, plans or surveys of the municipality made. Maps or plans of the municipality, prepared at the expense of the corporation, must be made by a provincial 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 expedient, for the superintendence and direction of works on municipal roads and bridges, and any other works under the jurisdiction of the road inspectors. (I) 556. To divide the territory of the municipality into such rural 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 divisons, 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, thejurisdiction of each must be determined by a reso- lution of the council ,: otherwise such inspectors continue in ^he exercise of their jurisdiction as if no changes had been made. Ms- (1) See note under art. 799. f.'t \\:l.l-\ \v 146 MUNICIPAL CODE. BK. II. TIT. I. Section IV. — Abuses prejudicial to Agriculture, 558. To prevent the cutting down, damaging or destruc- tion of trees planted or kept for shade or ornament, as well on public roads as on private property. 550. To prevent or cause to be done away with all abuses prejudicial to agriculture and unprovided for by law. 560. 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 there- with, within four months from the time when this code comes into force. Section Y.—Sale of Intoxicating Liquors, § I. — Prohibition of the Sale of Intoxicating Liquors. 561. To prohibit the sale of intoxicating liquors in quan- tities less than three gallons, or one dozen bottles of at least three half pints each, at one and the same time, and the granting of licenses therefor, within the limits of the munici- pality and on the ferries which are dependencies of such mu- nicipality. (I) (1) In Kdson, petitioner for certiorari, and The Corporation of H'lUejf, S. C , Sherbrooke, lOi.h November, 1883, Brooks, J., 27 L.C.«J., p. 312, it was held that, although the Tjocal Legis- lature has no authority to prohibit the sale of iuroxicatiug liquors, it has power to make laws for the purpose of regulating the traffic in the same, and to raise revenue by enforcing the pav- meut of money for licenses, and to impose a fine for selling with- out license ; that a municipal corporation has no authority under M.C- 561 , to prohibit the sale of intoxicating liquors within tho limits of the municipality. In Sauve and The Corporation of the County of Argent euil, C. C, Lachute. 15th September, 1«76, Bourgeois, J., 21 LC. J., p. 119 and 12 U. L., p. 477, it was held that the municipal code of the Province of Quebec has not totally abrogated the provisions of The Temprtraiice Act of 18(U. In CAivey and The Corporation of the Cimnty of Brome, C. C, Bedford, 20th July, 1877, JMnkin, J., 21 L. C. J., p. 182. and 12 K. L., p. 478, it was hold that the provisions of the Temper- ance Act of 1864 have not been repealed or amended by the municipal code or subsequent legislation so as to prevent the ~i OB, IV. JURlSDICtrON OP LOCAL COUNCILS. 147 561a. (Added by S.of Q. of ] SIS, 41 Vtct., ch. 18, ». 22.) To prohibit children or apprentices from frequenting taverns, hotels, restaurants and stores, in which are retailed intoxicat- ing liquors. enactment of a by-law there under for thp prohibition of the sale of spirituous liquors, and that the regulation of the traffic in intoxicating liquors iu within the jurisdiction of the Parliament of Canada. In Hnrf and The. Corporation of the County of Missisquoi, C.C., Sveetshurghi October 1^76, Caron, J., 3 Q. L, K., p. 170, and 12 K. L., p. 479, it was held that the county cou* cilM.as well as the local councils, have the power of passing by-laws prohibiting the sale of intoxicating liquors, that the tirst 10 Fections of the Temperance Act of 18W, have not been repeated by art. 1086, M.C. In Poitras vs. The Corj)oration of the City of Quebec, S. C, Quebec, 27th January, 1879. Caron, J., 9 K. L.. p. 531, and 12 R. \j. , p, 479 it was held that hotel keepers are not bound to close their house on Sundavs, but their bar on y, and that the Legis- lature has not the right to prohibit or restrain in any manner the ^ale of intoxicating liquors. In The Corporation of Three-Rivers and Sulte^ Q. B. C, Quebec, 7tb October, 1882, Dorion. C. J., Monk. Ifamsay, Tessier, Baby, J.J., 5 L. N., p. 330, and 12 U. L., p. 485, it was held That a local statute empowering a municipality to make by-laws prohibiting; the ^'ale of liquor, or allow ing its snle under certain conditions, is not justified hy sub-section 9, s. 92. B. N. A. Act of 1867, even though the municipality only exercises the power to the extent of fixing a tax by way of license, and for the pur- pose of re>enue ; that, at the time of Confederation the r ght to prohibit the sales of intoxicatimj: drinks existed as a municipal institution, and. consequently, that it is to be deemed a municipal institution within the meaning of sub-section 8, s. 92, B. N. A. Act of 1867 ; that the power of the Dominion Parliament to pass a general prohibitory liquor law as incident to its rights to legislate as to public wrongs, is not incompatible with a right in tlie Provincial ijcgislature to pass prohibitory liquor laws as in- cidental to municfpal institutions. In Smart and The Corporation of the village of Hochelaga, S. C, Montreal, 27th June, 1881, M(tckay, J., 4 L. N., p. 2. 5, it has been held that the Superior Court cnnnot issue a maiuhtmus to a municipal council to compel the council to appiove n oertifivjate for the grant of a license ; but that th< council can in its dis- cretion iipprove or refuse to approve of such a < ertlti«'ate. In Poulm and The Corporation of (^inhvc, Supreme C<*urt, L. N., p. 214, it was held that' the S. < f Q. of 1H;9, 42-43 Viot., eh. 4, entitled : " Act respecting the closing of tHvernson Sundays, and at certain hours on other days" was within the jurisdiction of the local legislature. This statute is reproiuoeu in the Appendix. In 1878. the Parlif^ment of Canada (.asbed the Temperance i-l >r-| f 148 MUl^IOlPMi €0I»£. Br. II. TIT. I. f, ij '1 \i IIh 56a. Ev^ry by-law made in virtne of the preceding arti- cle, wiietlier for prohibiting the sale of intoxicating liquors and the issue of licenses 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 district cannot, 80 long as such by-law remains in force, issue licenses, authoriz- ing the vending or retailing of intoxicating liquors in a quantity less than three gallons, or a dozen bottles of at least three 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 municipality. 564. If a prohibitory by-law has been annulled, the col- lector of inland revenue oaanot, within two 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, according to the ordinary rules, another by-law for the same purpose, and send a copy thereof to the collector of inland revenue of the dis- trict. 565. Licenses granted in contravention to the provisions of a prohibitory by-law, and to those of this code, are null and void, within the limits of the municipality where such provisions are in force. No license issued to distillers, or brewers, or for the retail of intoxicating liquors on board of any steamer or other vessel, or any other license whatsoever, can in any wise avail to render legal any act done in violation of this section. 566. (Ah amended hy S. of Q. 0/I88O, ft^^ 43-44 Vict.., ch. 11, 9. 16.) In any municipality n which a prohibitory by-law, made in virtue of article 5b 1, is in force, no person shall, Act of Canada, 1878, which has the effect, in places in which it is put into forcp, in the Dominion, to prohibit the selling of in- toxicating liquors, except for certain quantities by wuolesnle, or for certain special objects. The 23rd June, 1882, the Privy Council decided in the case of Russell and The Queen, 7 Law Reports. House of Lords and Privy Council, p. 829 and 12 B. L , p. 664, that the Statute WM wittOo Oie luriidiotloii of the BMUMMBt4Df4lMlMla. . CH. IV. JUBISDIOTION OF LOOAli tJOlfVOILS. 1^ under a penalty of fifty dollars or imprisonmeat for three calendar months, or of both together, for each offence, expose or keep for sale, sell, barter, or give in exchange for any cha- tel or consideration, intoxicating liquors in smaller quan- tities than those prescribed by the said article ; deliyered, taiten or carried away at one and the same time, by himself, his clerk, servant or agent, directly or indirectly, on any pre- tence whatsoever; unless it be for medicinal purposes or for use in divine worship by the person appointed for that pur- pose, by resolution of the municipal council and licensed therefor under the Quebec License Law, and upon the certi- ficate of a physician in favor of a patient ander his immediate care, or upon that of a clergyman in favor of a person whose spiritual adviser he is honafide, 567> All obligations oontracted'under any form, or in any manner whatsoever, for liquor obtained in contravention of the provisions of this section, are held to have been con- tracted without any consideration, and are null and void, except in so far as a subsequent 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 or value of such payment may be recovered from the receiver by the party who made the same, before any court of competent jurisdiction. § \1,^— Limitation of the Number of Licenses for the Sale of Intoxicating Liquors. 568. To limit and determine the number of licenses which the collector of inland revenue for the district may issue, for the sale of intoxicating liquors in taverns, inns, and other ))Iaces of public entertainment, or in stores and shops. 560. The articles 562, 565 and 567, apply also to by-laws made in conformity with article 568. 570. If the council has passed a prohibitory by-law 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 continues in force. § IIL — Miscellaneous Provisions. 671. The by-laws made by the council of a rural muniei- pality, in virtue of the provisions of this ■ettTOB, an not subject to appeal to the county council. Sfeif 150 MUNICIPAL COPE. BK. II. TIT. I. V ( Sv ■ 572* All municipal by-laws and all provisions in any municipal by-law relating to the sale of intoxicating 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 fol- lowing the coming into force of this code. Sbgtion VI. — Storage of Gunpotodcr or other Explosive Sub' stances. 578. To limit the quantity, 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 to other explosive substance must be stored. (I) S74. 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 sur- rounded at a fixed height and distance. To prescribe the precautions which must be taken by any person whatever entering such buildings, or conveying gun- powder or other explosive substance to or from the same, within the limits of the municipality. 575* To restrict the storage of gunpowder, or any other explosive substance, in quantities of twenty-five pounds or more, to certain limits within the municipality. S76. To provide that any gunpowder or other explosive substance, which is kept in a less quantity than twenty-five pounds, be placed in tin, lead or copper boxes. 577* To cause to be removed or confiscated any gunpow- der or explosive substance, kept or conveyed contrary to municipal by-laws. S78. The municipal by-laws respecting the storage and conveyance of gunpowder, do not apply to Her Majesty's magazines or ammunition. (1) By 8. 2fi8 ch. 3 of the S. of Q., 1878, 41 Vict., it is pro- vided that all provisions of the Munici^)al Code of the Prov- ince of Quebec, whereby any nuniicipalities are empowered to regulate the storage of guiipowd* r, or any oth<»r matter, shall apply only, in so far as such storage, or such other matter, is not or shall not, at any time hereafter, be regulated by tills law or by any regulationt made in virtue thereof. CH. IV. JURISDICTION OP LOCAL COUNCILS. 161 ne; and to or to other Section VII. — Sale of Bread and Wood. 579. To fix the weight and quality of the bread sold or offered for sale in the municipality ; and prescribe the marks which it should bear. 580. To regulate the measuring of cord-wood, bark, lum- ber and shingles, offered for sale in the municipality. 5 SI. To authorize the confiscation for the benefit of the corporation or of the poor of the municipality, of every arti- cle offered for sale or sold or delivered, in contravention to the by-laws made in virtue of the provisions of this section. Section VIII. — Trade Licenaeg, 582. (As substituted hy S. of Q. of 1871, 35 Viet,, eh. 8, «. 3, and as amended hy S. of Q. of 1882, 45 Vict., eh. 35, s. 15) To compel each of the following persons to take out a license from the corporation, for the exercise in the municipality of his trade, occupation or calling, and to prevent each of them from carrying on such trade, occupation or calling, without such license. 1. Every broker or banker, and every wholesale or retail trader, residing in the municipality or not, merchant or deal- er, except such persons as are obliged to take out licenses from the government of the province, in so far only as relates to the particular business for which they must have such li- cense. 2. Every carter or common carrier. No such license can be given for a longer period than twelve months. The price fixed for granting any such license, in virtue of this article, must be proportioned to the extent of the business, trade, or occupation 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 paragraph two. (1) (1) In Walker, petitioner for certiorari, and The City of Mont- real, S. C, Montreal, 22nd June, 1882, Torrance, J., 5 L. N., p. 201 , it has been held that, under the provisions of sub-section 26 ot the 8. 123 S. of Q. of 1874, 37 Vict., ch. 51, the power to license do s not include the power to tax. Held :— That a municipality has no existence or power of ac- tion but what the law gives, and that its attributes are circum- scribed by its territorial limits ; that it has no power, by virtue of this article to pass a by-law, in the following terms : Every r > . ii *f 152 MUHIOIPAL CODE. BK; It. TIT. I; 5 Hi l'< 58acr. (Added hy S. of Q. of 1885, 48 Vxct.y ch. 28, s. 12.) To require aud exact, for the granting a license, under the previous articles, a higher price from persons who do not re- side in the municipality than from those resident therein, provided such price shall not exceed forty dollars for carters or common carriers. S83« Every carter or common carrier, licensed as such in the local municipality in which he is domiciled, may convey any articles taken from such municipality, or any person going therefrom, into any other municipality erected in virtue of any law whatsoever, without paying to such other municipa- lity any municipal license or taxes by reason of such con- veyance. Ae may also, without being bound to take out any other license or to pay any other tax, convey within the local muni- cipality wherein he is licensed, goods or persons coming from any other municipality erected under any law whatsoever. In the absence of any by-law under the preceding article, respecting carters or common carriers, the council may grant to any carter or common '^arrier, domiciled within the local municipality, a permit which secures to him the rights con- ferred by the two preceding provisions. (1) Section IX. — Pertonal Taxes. 584. To levy annually the taxes hereinafter mentioned upon the following persons : ta^n^W^Hi^^*- III- 1-1 ■■■ II I ■•■-I .— M— 1 ■■■ ■III* ■■■■ ■_ ■■ I t^^^m^^^^mimm^^^mmmm^ ,\ w-«^— V^PW-^M-iM^W—i^—i^^ person not an inhabitant of this municipality, and who, by him- self or by other persons, may come hither to carry on the trade of delivering, offering for sale, or selling bread, wholesale or reta'l, Bhall take out a license from the council of this municipality, for which license or leave, every such person shall pay the sum of 912, and that the said by-law is null as affeotine persons out of the jurisdiction and control of the council, and oecause it closes a branch of trade, whilst the article authorises the licensing of all traders, and also because it is in restraint of trade. (G.C., Quebec ^ November, 1872, Stuart, J., La Corporation de St. lioch vs. J>ion. 1 Q. L. R., p. 241). (1) In Bicher and The City qfMirntreal, S. C, 3rd March, 1884, Loranger, J.. 7 L. N., p. 79, it was held that a carter domi- ciled in Ste. Cun^gonde.and licensed by the municipality of Ste. Cun^gonde, then regulated by the Municipal Code, had the right to convey eoods from said municipality to the city of Mont- real, withotu; having a license from the city ; that the corporar tlon of the city of MontreaU having caused the plaintiff to be arrested and detained for the purpose of making a test case^should be condemned to damages. CH. IV. JDRISDICTION OF LOCAL OOUKCILS. 153 1 . TTpon every tenant who pajrs rent, a sum not exceeding three cents in the dollar upon the amount of his rent ; 2. Upon every male person of twenty-one years of ago, res- iding in the municipality and not otherwise taxed in virtue of this Code, a sum not exceeding one dollar. 585. The valuators in office of the municipality are bound to make each year, upon order of the council, in the manner and at the time it prescribes, a return of all the persons tax- ed by the council in virtue of the preceding article. Upon the refusal or neglect of the valuators to make such return in the manner at the time prescribed, the council may have it made by one or mgre persons whom it appoints for that purpose. Skgtion X.— /ndemntftM and Relief* 586. To indemnify persons whose property has been des- troyed or injured, either wholly or in part, by rioters, within the limits of the municipality. 587. To contribute to the maintenance or support of podr persons residing in the municipality who, from infirmity, old age, or other causes, are unable to earn their own livelihood. 588. To relieve any person who has received any wound or contracted any sickness or disease at a fire. 589. To grant rewards, in money or otherwise, to any per- son who performs a meritorious action at a fire, or who saves or endeavors to save any one from drowning or from other i^erious accident. 590. To provide for the wants of the family of any person who loses his life at a fire, 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 jtoor and destitute ; to give domiciliary relief to the poor res- iding within the limits of the municipality ; and to aid chari- table institutions established in the municipality or its neighborhood. SbOTION XI. — Public Nuisances. (1) 592. To compel the proprietors or occupants of houses to clean their stables, cattle-sheds, pigsties, out-houses. ■1 i (1) In Pillow et al., and Ths Recorder's Court of the dtp of Montreal 9,ii^ The City of Montreal awA The Attorney-General, Q. 154 MUNICIPAL CODE. BK. II. TIT. I. II ■in i -! fi lift! i i^ |;5 privies, and the yards connected with such buildings, at such times and in such manner n.s the council deems expe- dient. 503. {As amended by S. of Q. of 1878, 41 Vict., c. 18, *. 23). To prevent the making deposits of substances or matters from whence issue noxious gases or odors, such as coal oil, superphosphate of lime in course of preparation, detritus or remains of dead animals, the contents of privies and the like ; and to regulate the mode of making such deposits. 594. To prevent any person from letting oflf fire-works or fire-crackers, discharging fire-arms, lighting fire in the open air, in the streets or roads, or in the neighborhood of a building, grove or fence. 505* {As amended hy S. of Q. of 1872, 36 Vict., c. 21, s. 15.) To order dogs to be kept muzzled or tied up ; to prevent them from being at large without their masters or other persons who take charge of them ; to impose a tax not exceed- ing ten dollars on the owners of dogs kept in the munici- pality ; and to authorize any municipal officer or 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 by-laws made under this article may be recovered, except in so far as respects the tax, from persons residing outside the munici- pality, whose dogs shall have been found in contravention of such by-law. 596. To regulate the manner in which public or private slaughter-houses must be built and kept in repair. Section XII. — Decency and Good Morals, S97« To prevent the desecration of all burial grounds, tombs, graves, monuments, or vaults in which the dead are buried. 595. (As amended by S. of Q. of 1882, 45 Vict., c. 35, s. 16.) To suppress every kind of gambling and the existcDce B. C, Montreal^ 27th January, 1885, Dorian, C. J., Ramsay , Cross and Baby, JJ., 30 L. G. J., p. 1, it was held that the Provin- cial Legislature by authorizing a municipal council to make by- laws for the prevention and Buppression of nuisances does not act ultra vires, but according to sub-section 8 of the s. 92 of the '* BritiBh North America Act, 1869," notwithstanding the provi- sions of this act giving to Federal Legislature the right of making laws in criminal matters. OH. IV. JURISDICTION OF LOCAL COUNCILS. 155 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 exhibi- tions from being held ; to regulate and permit them to be held upon such conditions as may be deemed fit, and subject tlicm to a duty or tax which must not exceed fifty dollars for each performance. Every tax imposed by a by-law made in virtue of this article, if it is not paid on demand, may be levied upon all movables and efifects, even upon those which are ordinarily exempt from seizure, found in the possession of any of the persons connected with such circus, theatre or exhibition, under a writ of seizure, signed by the mayor or by a justice of the peace, and executory forthwith, without other preli- minary formality. 600. 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 in the morning. 601 • To prevent, on Sunday and holidays of obligation, horse races and all other horse exercises upon any race course or place whatever. 602. To prevent cock fights, dog fights and every other cruel amusement; and punish whoever takes part in or is present at them. 603. To prevent profane oaths, and blasphemous and obscene language from being used on roads, squares, or in their vicinity. 604. To prevent the posting up, or the making or writing of indecent placards, paintings, drawings, words or inscrip- tions, upon houses, walls or fences, and on roads or squares. 60.5. To prevent persons from bathing or washing them" selves in public waters, or in the open air, close to the public roads or squares, or to regulate the manner in which bathing in such places may be performed. 606. To prevent all persons, even those having licenses, from selling or giving intoxicating liquors to any child, apprentice or servant, without the consent of the father, mother, master or legal guardian thereof. m '! 4 IM MmncirAL 0001. be. 11. tit, i. VA '■i. Ill SvGTioir XlU,-~Puhlic Health, 607* To establish boards of health and appoint tho members thereof. 608. To take proper measures for securing the inhabi- tants of the municipality from contagious or pestilential diseases, or for diminishing the danger resulting therefrom. Section XIV. — Miscellaneous Provisions, 600. To erect in the municipality, if there is no district goal in such municipality, a lock-up house for the incarcera- tion of persons sentenced to a term of imprisonment 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 oompanies or firemen for the protection of property. Oil* 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, temperance hotel, or other house or place of public entertainment. CHAPTEE FIFTH. BY-LAWS SPECIALLY WITHIN THE JURISDICTION OP TOWN OB VILLAGE COUNCILS. 616. Every town or village council may further make, amend and repeal by-laws for any of the objects mentioned in this chapter. (1) In Lequin et al.vc Meigs etal., S.C., Sweetsburgy 26th February, 1872, Dunkin, J. 16 L. G. J., p. 153, it was held that although a council is bound to repeal a by-law by another by-law, however, when a council repeals with good faith by a reBoIation a by-law U' CH. V. JURMDIOTf Oir OF TOWITOII VrLLA»S OOUNCILS, IM SlOTioif I.-^DiffUion of the 3iHnicipalitif into Wanh, 617* To divide the municipality into as many wards as is deemed expedient for the purposes of representation in the council ; to determine the limits of each ward ; and to fix the number of councillors that the municipal electors of each ward may appoint to represent them in the council, so that the councillors of the municipality shall number seven in all, atul in such manner that the term of office of each of such councillors shall be three years, save in so far as regards the term of office of the councillors elected at the first general election after the coming into force of the by-law, or appoint- ed by the lieutenant-governor in the absence of an election. (1) •IS. The by-laws made in virtue of the preceding article, must determine the manner in which councillors elected at the first general election, or appointed by the lieutenant-governor in the absence of an election, shall go out of office, so that as many councillors for each ward shall be elected or appointed as go out of office. (2) 610. At the time of the general municipal election which follows the coming into force of any by-law made under art. 617, dividing or redividing any municipality into wards, the councillors then in office retire therefrom, and seven council- lors, within the whole municipality, must be elected, or ap- pointed by the lieutenant-governor in the absence of an elec- tion. m V TOWN OB made under art. 617 and 618 M. C, to divide the municipality into wards, such resolution will not be declared null, and the election which will have taken place in the rT>unicipality without care with the division operated by the by-law will not be an- nulled, if no real injusti e has been sustained by the fact of such abrogation. (1) In Lequin et al., and Meigs, SC, Sweetnlnirp, iJ6th Feoruary, 1872. Z)u'lt^-«7l, J., 16 L. C. J., p. 1A3, it was held' that when a vil- lage council, at a meeting at which only thre«> councillors and the mayor are present, pass a by-law to divide the villa^?e into wards for the purposes of the representation in the council, and that when at a meeting held the next day, at which all the council- lors are present, a resolution is adopted to revoke the by-law, and that the election which follows is made, according to the resolu- tion, for the whole village, without care with the divisions made T)y the by-law, the court will not annul the election because the by-law woukl have not been revoked by a by-law, but by a reso- lution, beeause no injustice had been caused by the action of the connotL (2> fi«Ova#ie iiBderMii «6. 158 MUNICIPAL CODE. BK. II. TIT. I. :. 620. In every municipality divided into wards for the pur- poses of municipal representation, the meeting of the muni- cipal electors of each ward is convened to be held in each of such wards, at the place named in the public notice. 621r If more persons are proposed for election in a ward than there are councillors to be elected, the presiding officer must proceed to hold a poll for such ward, at the place of meeting itself in the usual manner. 622. Municipal electors can only vote in the ward in which they are duly qualified electors. If they are duly qualified as municipal electors in several wards, they u*ay vote in each ward in which they possess such qualifioation. 623. The council must appoint, to preside at the meeting and in the holding of the polls in the various wards, as many poll clerks as there are wards in the municipality. 623a. (Added by S. of Q. of 1874, 38 Vict., ch. 25, a. 1.) The council, on a petition to that efiect, of the proprietors representing 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 618. On the refusal or neglect of the council to pass a by-law for this object, at one of the two general meetings following the presentation of the petition, the heutenant-governor in council may n:;ike such division, which shall have the samo effect, 0.8 if mt*A^ by the municipal council. Section II. — Masters and Servants, , 624- To regulate the conduct of apprentices, servants, hired persons, day laborers or journeymen, whether they bo of age or minors, towards their masters or mistresses, and the conduct of masters and mistresses towards the former. In default of by-laws made under this article, regulating the conduct of apprentices, servants, hired persons, day-lab- orers or journeymen, whether of age or minors, towards their masters or mistresses, and that of m:'sters and mistress- es towards the former, in any village or I'own municipality, the provisious of the law respecting naasters and servjints in force in rural municipalities, are applicable within such vil- lage or town municipality. Section III. — Public Markets. 62{^. To establish, change, abolish or keep in order public markets or place in which publie^ markets are held; and to. CH. V. JURISDICTION OF TOWN OR VILLAGE COUNCILS. 159 r thepur- the miini- in each of -' « in a ward ing ofliccr e place of i in which n several ssess such e meeting as many 25, 8. I.) roprietors ;ate, shall Is at least, a by-law following; vernor in the samo servants, r they bo ^, and the or. egulating day-lab- towards mistrcsa- icipality, rvjints in such vil- er public i; and to. iT'ECulate the lease of stalls or stands therein, for the sale, or nth ring for sale, of every description of goods, merchandise, (ir wares, or of any specific commodity. (1) 626. To determine and define the duties and powers of all oHiccrs employed on the public markets within the whole ex- tent of the municipality. 627. To prevent any person, not resident in the munioi- j* ility, from selling or exposing for sale in the municipality, )>r(;visions, grain, wares, or other merchandise, elsewhere than upon the markets of the corporation. 628. To prevent any person, residing in the municipality, from cutting up or weighing any meat; whether beef, mutton, !;iinb, veal, pork, or salt beef, for the sale thereof, or from exposing the same for sale, on any such markets, else- where than in a butcher's stall or in a stall for the sale (»f salt provisions, provided that nothing containchnient aiul Ihe rcfulation of public niaVketrfand the public Mails, and to reyulnte !ic< nnc, and contine the hj Je of fresh meat, which is usuiilly sold en markets, it Iijjs been lifld : That the city council coulil legality ninke a by-law authori/Jng the oi)ening of pub'ic stalls in a distance of not less than 300 y.''.fds from any market, and also a by-law amending it by substi- ♦utiiig to the distar.ces of ;«KJ yards tliat of 5'50 yards. S. ('., Mont- Villi, 13th Septen.oer, ls7!), Jetti, J., Lensifue, petitioner, and •V' '/on, recordei, and The City o/ Montreal, 23 L. C J., p. 2H4. ^11 160 MUNICIPAL CODE. BK. II. TIT. I. l-\ I ! 630. To regulate the conduct of any person selling or ex- posing for sale, purchasing or seeking to purchase upon such markets. 631. To impose duties on all persons selling on the roads or on the markets or market places of the corporation, any provisions, vegetables, butchers* meats, poultry, grain, hay, straw, firewood, shingles and other articles. (1) 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 ways, or upon a beach. 633. To regulate the manner in which such wagons, carts, sleighs, boats, canoes, and vehicles shall be placed in the markets or market places, 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. 635. {As amended hy S. of Q. of 1875, 39 Vict., c. 29, *. 9.) To determine whether articles brought into or produced in the municipality to which no provision of the law applies, 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 all goods, wares, or articles bought or sold or delivered in contraven- tion to the by-laws made in virtue of the provisions of this section. Section IV. — Waters and Lights. 637. (As amended hy S. of Q., of 1878, 41-42 Vict., c. 10, s. 23, and by S. of Q. 0/I88I, 44-45 Vict., r. 22, s. 1). To provide for the establishment, protection and management of aque- (iucts, public wells or reservoirs, and to prevent the same from being fouled or wasted. (1) Held :— That an Act of the Legislature of Quebec, author- ixing the city of Montreal U> make a by-law, imposing a license tax on butchers keeping stalU or shops in the city, for the sale of meat, ttsh &c-, &c= , elsewhere than on the public markets is not ultra vires. (S. C, Montreal, 7th Noveinber, 1879, Mackay, J., Mallett^^ et »1. vs Iai (V^ de Montreal, 24 L.C. J., p. 263. A similar judgment has been rendered on the 28th July, 1S76, S. C, Mont- real, Joknmn, J , Anqers, attorney-general, vs. The City oj Mont- real, ML. C. J.J p. 259. ling or ex- upon such t the roads Eiiion, any rain, hay, jhs, boats,, rtieles are B roadf- fons, carts, }cd in the hucksters, ng articles '., c. 29, *. r produced iw applies, lefit of the all goods, cotitraven- )ns of this ?<,, c. 10, ». To provide t of aque- the same >ec, author- g a license r the sjileof rkets is not Mackay, J., A similar S. C, Mont- ity oj Moni- ca. V. JURISDICTION OF TOWN OR VILLAGE COUNCILS. 161 To grant for a fixed number of years to any company, per- aon, or society of persons, who will undertake to construct an aqueduct, public wells or reservoirs, or who shall assume the Dianagement thereof, an exclusive privilege of laying pipes to supply water within the limits of the municipality, and enter into a contract for such supply of water for one or m-re \\>ars, but for a period not to exceed twenty-five years. «37a. (Added hy S. of Q. of 1878, 41-42 Vict., c. 10, ». ,3, and by S. of Q. of 1881, 44-45 Vict., ch. 22, «. 2.) To provide over and above any tax for the establishment, or for the maintenance of aqueductcJ,public wells or reservoirs, for tl ] 'Vtnentofa compensation for the water, according to sucli ti. ff as it shall be met, every proprietor, tenant or oc- cupant of any house, shop or like 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 « ; ocl that it is prepared to conduct the water, at its own ^...-.tnse, into or near their houpes, shops or buildings. Every by-law to compel proprietors, tenants or occupants to pay such compensation for water, before having force or effect, must be approved by th«) majority of the electors, be- ing proprietors of real estate in the municipality who vote on such by-law, and by the Lieutenant-Governor in council ; provided always that the number of those who vote in favor. of such by-law is at least one-third of the total number of electors being proprietors. Every proprietor having one or more tenants, sub-tenants or occupants, shall be liable for the payment of such com- pensation in the event of his refusing or neglecting to furnii^h a distinct and separate supply pipe to such tenant, sub-tenant or occupant. 6376. {Added by S. of Q. o/ 1878, 41-42 Vict., c. 10, ».. 24, and as amended by S. of Q. of 1881, 44-45 Vict., c. 22, *. 3.) To provide for the payment of annual subsidy to any company, person or firm of persons which shall undertake the construction of an aqueduct, public well or reservoir, dur- ing such period as may bo agreed upon. Every by-law, passed in virtue of the present article, before having force and effect, must be ap|)roved by the majority ot the electors being proprietors of real estate in the municipal- ity who vote on such by-law, and by the Lieutenant-Gover- nor in council ; provided 9.lw«a.ys that the number of those. -.i- . :■ [J -'*. ■■%! m 162 MUNICIPAL CODE. BK. II. TIT. I. who vote in favor of 8uch by-law is at least one-third of the total number of electors being proprietors. 638« To provide for the lighting of the municipality, in Bjiy manner deemed suitable. 689. (Repealed and as replaced by S, of Q« o/ 1884, 47 Victm, ch. IB, 9. 4.) To compel the owners or occupants of lands situated, as well in the municipality as in the neigh- boring municipalities, not more than thirty miles distant, to permit and allow all works undertaken for the purpose of providing the inhabitants of the municipality, or municipali- ties, with water or light to be carried on, and the taking pos- session, for the purpose of supplying and feeding such water- works and other hydraulic constructions, of the lakes, non- navigables rivers, ponds, springs and water-courses, having their sources or flowing on private property, without, how- ever, prejudicing the rights of the riparian proprietors to make use thereof, as well as under the common law, as under chapter 51 of the Consolidated Statutes for Lower Canada, subject to the indemnity to be determined by the arbitration to the effect made under articles 640a, 6406, 640c, 640(f, 640e, 640/, UOg, and 640^ of this Code. ^ 640. (Ag replaced by S. of Q. of 1878, 41 Vtct., ch. 18, *. 24.) To transfer its rights and powers respecting the supply- ing water to any company, person or firm of persons, who wish to take charge thereof, provided that such company, person or firm do not exact, for the supplying of the water, higher rates than those fixed and approved of by by-laws of the council, and the council may take stock in such company, or lend money to such company, person or firm of persons. Every by-law, passed under this article, is subject to the provisions of article 482. 640a. {As added by S. of Q. o/1884, 47 Vict., vh. 18, «. 5.) If the municipal council, or the company, person, or firm of persons in the rights of the council, canuut agree with the proprietors or owners of the lands upon the amount of the indemnity, the expropriation is proceeded with in the man- net mentioned in the following articles. 640i^. {As added by 47 Vict., ch. 18, s. 6.) A disinterested person is appointed by the municipality or the company, per- son, or firm of persons in the rights of the municipality, and another is appointed by the proprietor or the possessor of the land damaged, which two persons jippoint a third, and all three shall act as arbitrators in the matter in aiitpute between the parties. m % CH. V. JURISDICTION OP TOWN 0)1 riLLAOte COUNCILS. 163 640c. (As added hy 47 Vict.j ch. 18, ». 6.) The delays to appoint such arbitrators are of eight days, counting from the service of a notice given for such purpose by one of the parties to the other. 640c{. (Aa added by 47 Vict., ch. 18, ». 5.) If, in the de- lay of eight days above mentioned, one of the parties makes default to appoint his arbitrator, such arbitrator may be ap> pointed by the judge of the Superior* Court of the district in which the land to be expropriated is situated, upon petition presented in chambers on the eighth day, counting firom the service of a notice to that effect, vpon the party in deiitalt. 640e. (Aa added by 47 Ftcf., ch. 18, «. 5.) The delays to appoint the third arbitrator are three days counting from the ucceptanf the side- ind cellars, 64S. To prevent the erection in the municipality, of manu- factories or machinery propelled by steam ; to permit them upon certain conditions, or to determine the places in the municipality where they may be erected. 649. To prevent or regulate the construction of slaughter- houses, gas-works, tanneries, candle or soap factories, dis- tilleries, and other manufactories which may become public nuisances ; and to cause the removal of slaughter-houses then existing in the municipalities. 650. To prevent any person from carrying, depositing or leaving in the municipality, or in the waters which border upon it, dead bodies or other deleterious substances. 651. To oblige the owners or occupants of all groceries, cellars, manufactories, tanneries, drains or other unhealthy and unwholesome places, to keep them clean and render them wholesome. 652. To compel all owners or occupants of lands on which there are stagnant waters, to drain or fill them up ; and, in case of neglect or refusal on the part of such persons, to authorize the officers of the corporation to undertake such work at their expense. Section VI. — Migcellaneoua Provisions^ 653. To prescribe the mode of placing stoves, grates and stove pipes, and making chimneys, furnaces and ovens of every description ; and to regulate their use. 654. {As amended by S. of Q. of 1882, 45 Vict., ch. 35, a, 19.) To oblige owners or occupants of houses or other buildings to provide themselves with a fixed number of fire buckets, or with any other apparatus 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 the roof. And order that such house or building be not covered with shingles, unless a coat of cement or adhesive mortar, of at least one-half inch in thickness, be placed upon the boarded roof, underneath the shingles, and between both, under a })enalty for each contravention of a fine, the amount of which shall be fixed in the said by-law. 655. To prevent any person from entering any cattle shed, stable, pig-sty, barn or out-house with alight not enclosed in a lantern, or with a lighted cigar or pipe, or from carrying into the same any fire without proper precaution. -IH m MTTNIOIPAL CODE. BK. II. TIT. I. .^ enie. (As amended by S. of Q„ o/1878, 41 Vtc«., cX. ffi, ». 25.) To prevent any person from lighting or having any firo in any out-house, pig-sty, barn, shed or other buildings, un- less such fire be placed in a chimney or in a metal stove con- necting with a chimney. ., 657* To prevent any person from carrying its fire in or through any public road or way, or. through any garden, yard or field, unless such fire be contained in a metal vessel. 658. To compel proprietors or occupants of barnSi hay- jlofts or other buildings, containing combustible or inflamma- ble materials, to keep the doors thereof closed. , 659* To compel the owners or occupants of houses to have {heir chimneys swept ; to determine the mode in which such sweeping must be done, and the number of times such chim- neys must be swept within a given period ; and appoint the chimney-sweeps to be employed. ,.,''660. To prevent the sale of gunpowder or other explosive substance after sunset. ;:^ .661« To prevent or regulate the construction of furnaces for making charcoal. 662. To determine the manner in which ashes or quick- lime must be kept or stored. 64I~S. To provide for the purohase of engines/ apparatus pr artieles suitable for tlie prevention of accidents by fire, and for arresting the progress of fires. 664. To prevent thefts and depredations at fires. ^^, 665. To authorize certain persons to blow up, destroy and j)ull down as many buildings as may be deemed necessary to arrest the progress of a fire, saving recourse for any damages and indemnities payable by the corporation to the owners of such buildings. ^i^ In the absence of any by-law made in virtue of this article, the mayor may, in the course of a fire, exercise this power by giving a special authorization. The corporation can always, even ir the absence of any by- laws or special authorization by the mayor to that eff'ect, award and pay an indemnity to any person who has suff'ered loss and damLge by the demolition of his buildings during a fire. 666. To rtgiil&te the fednattct of 6v6ty JieVs 1.0 I.I 11.25 ■ti- 1^ 1^ 12.5 IIIJ4 U 11.6 1114^ 7a ^> oj^ /: V >^ Photographic Sciences Corporation 33 WeST MAIN STRKT WEBSTIR, N.Y. MStO (>16) 873-4503 ^ I ^ > ^1^ iHMhciplL boiiie. me. ti. tit. i. ' i|i edpy of all doenmehts oatcutated to eooTey iti)^¥iiiatiOn to the lieutenant-governor upon the fulfilment of the provisions of the law, and the utility of the passing of such by-law. 6S8. The lieutenant-governor may exaibt from the eoun- eU which has passed such b^-law, all the doeulp^^iits and in- formation he deems hecessa|ry for a^suring^ hiibiiil^lf 6t the utility of the by-law or of any of Us p'rovisioni. 0Sft« The lieutehan^-governor iq council must Qot 'approve of a municipal by-law until aller proof has beep made to its satisfaction that the formalities required for the passing of such by-law have been observed . (1) lS0b. A by-law which, berbre havin]g force and eff^it, 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 municipal electors, and afterwards to the lieutenant*jgoverhor lb oounbil, if it nas bisdh apprbvb'd by them. Section III. — Promulgation of Municipal By- Lavf§, •Cl* Municipal by-laws are pjomulgated on the day of their publication in virtue of the following article. •99. Municipal by-laws are published within fifteen days aft^r the passing thereof, or of their final approval in cases w^ere they may have been submitted for approval to the imttnioipal electors or to the liiButenant-goviernor in council, by a public notice mentioning the bbjeot of the by-laW, and the date of the passing thereof. Siich notice is given under the hand of the secretary-treai- nrer, and is published in the ordinary manner. If the by-law is approved of by the municipal electors, or by the lieutenant-governor in council, or by any other coun- cil, when such approval is required, the notice of publication must also mention that each of these formalities has been observed, and the dates upon which they were complied with. (1) In the Conoration qf the parish of St, Ouitlawne tokdthe Corporation qf the Countv qf Drumnuma, Q. B. C, Montreal. 5th June. i876| />orion, C.J ., AfonAr, Ramsay, TesaierfA.J.fJt McCcrd, J., ao hoc, 7 B.L., d. 721, it was held that the nullity of a by- law of a municipality to subscribe shares in a railway company," jrhi^b hat b^en improved by the ^e^|enant:govemor cannot, be JbirakAd In an action for the rooovory of taxet iiiq»OMdby that ^^^ f ^i ' li OH. Yl. FQRMAUTJES %% Bl( Q^aXSJ^SD. 171 lation to rovisions law. be ooan- and in- f df the y^pr^ve de to its Msing of ^t, must u tenant- instance is to the roved by tW9. day of )en days in oases I to the ooanoil, rW, and y-treaS- tors, or er coun- plication tas been omplied BXidthe reaL6th McCard, of a by- oinpany," kDnot.pe IbytbAt ••S. Every n^^cipa^ ^^r!f^* i^Q^be re^ at any place determined on by local coancil, nnder article 234, if such place has been fixed, on two Sundays within thirty days fol- lowing the day on which it was published in virtue of the E receding article, after divine service, if divine service has een performed. If it is a by-law of a county council, and if the notice of publication has been addressed, under article 235, to the sec- retary-treasurer of any Ipc&l municipality, such officer must provide for the by-law being reltd in the manner required by the pi^Qoding provision. The neglect, to re^d, sueh l^-I»w> in opofprmity with this, article^ does not prevent such by-law f^om coming into force btit it renders the persoh wl^ose duty it is to read the same liable to a penalty of, not les^Uiui teidnbrmore than twenty dpUaris. ' " ei^#. Any cpttpoll, maj^ moreover^ publish its by-laws, in one or more neif spacers. 69l|,» Any by-lai^ P,M^efl l^ a oopi^pil of a rural mnnici- pality, and amended or bonfirmedl, in appeal by the county counoii, 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 t^l^e^ certVfiicate of the secretary-treasured i^ tjiat counoii gave, no decision, eveii thoiigh suph l^y-l|tw majr have beei| published before the appeal to the couiity councUt ^(^ A, ijiqiiipipal by-law nmr always be. pul^llshed afjter the delay prescnbed oy articles 6d2 and 695, but only by or- der of the council. 6k97* The promulgation of every municipal by-law is con- sidered to have been sufficiently made, until the contrary is alleged, at the expiration of the delay prescribed for the pub- lication of such by-law. (1) In Parent vs. The CorporcUiun qf the parish of St. Sauveur, C. 0., Quebec, l5Ui October, 1873, MeredUh. C. J., 2 O. L R.. p. 258, it was held that the failure to reads a bylaw dc9S nut annul the by law, but m ikes the officer charged wiU| that reading amenable to the penalty llnposed by law. See note under art. 696. I> i m 172 MUNICIPAL CODE. BK. II. TIT. I. CHAPTBK SEVENTH. ANNULMENT OF 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 county or district, demand and obtain, on the ground of illegality , the annulment of any municipal by-law, with costs against the corporation. (1) (1) In Morin ▼■. The Corporation of the towmJUp of Garthby. G. G., Sherbrorke, 11th July, 1882, Doherty, J., 6 L. if., p. 272, it was held that, tho nullity of a by law which had not bt»en promulgated can^^iot be asked for, and hat a petition asking for such a nullity will lit set aside with costs. In The CorporoUUm of Arlhabatka and Paloinet Q. B. G., Otieftec, 6th February, 1886, Dorion, G. J., Ramsay ^ Tessier, Cro»»t Babp, JJ., 9 L. N., p. 82, it was held that the juris- diction of the Superior Court is not affected by the proTisions of art. 100 M. C., in an action to annul a by-law or a resolution of a municipal council, and that the neglec*^ to promulgate a by-law does not deprive an interested party of his right of taking proper proceedings to haye it set ssid*. In Bitson and The Mayor et al., of Montreal^ Q. B. G., JtfofU- realt 22nd September, 18<9, Dorion^ i.C^Monk^ Ramsay ^ Tessier, (diss), JJ., & L. C. J., p. 306, it was held that, when a person brinfln an action to have an assessment roll annulled, which roll was to defray the costs of an improvement declared illegal, the payment by him after the issue of the action of the amount for which has been taxed, to prevent an execution which issued against his moveablep, shall not be considered as a waiver of his light of having the said roll declared null, as far as she is affected thereby. In StmoBon et «L, The (Jorjporation cf the parish qf 8U, M€Ua' thie qf Ormstown, Q. B. 0.. Montreal^ 26th November, 1884, DorUm^ G. J., Ramsay^ Tesner, Cross, Ba^, JJ., 29 L. G. J., p. 36, it was held that a municipal by-law, which was changed and altered before being submitted to the municipal electors, will not be annulled on account of those alterations, if the peti- tioner who asks the nullity thereof does not prove that he suf- fered iuiustice by the fact of that alteration. In Afolson and The City of Montreal, Q. B. G., Montreal, 27th January, 1876, Dorion, CT J.. Monk, hameay, Sanborn, and TVres- sier, JJ.. 23 L. G* J-i P> 169, it was held that a corporator who alleges that he Is suffering an actual injury from the unauthor- iaedacts of a corporation, may institute an action in his own- name, without the intervention of the Attorney-General, to restrain such unauthorised action ; but the enactment of a by- law by a corpjration, which by-law was only to take effect after being ratifled by the municipal elaotors, cannot support such Mtion by A corporator before the by-law hai been ratifled. OB. VII. FORMALITIES TO BE OBSERVED. 173 •••• The annalment of part only of a by-law may be de- manded and obtained in the same way. 700* The petition must set forth in a clear and precise manner, the reasons alleged in support of the demand, and must be accompanied by a oertilSed copy of the by-law impu- gned, if such copy could be obtained. Held :— That the ooets. on a demand in annulment of a muni- cipal by-law» mu t be taxed as in a flrat olaaa non appealabia action of the Circuit Court (C.C., Montreal^ 16th May. 1872, Mae- kafft J.y Bourbonnaia et al., La Corporation du Comte de Soulan- gesp 17 JurUt, p. 0B.) In Dat^on and Mdrquit, Q. B. C, ifuebee, 8th September, 1877, Dorion, C J., Monk^ Jtanuaiff Teiiusr^ CroM, JJ., 3 Q. L. R., p. 336, it was held that there la no appeal from a Judgment rendered by the Superior Court on fNroceedings reepeeting municipal matters ; especially, on a mandamut to compel the mayor to sign the proceedings of the Council. In Parent vs. The Corporation qf the parish <^ St, Sauoeur, G* C. Qnebee, 15th October, 1873, Meredith, C. J., 2 Q. L. K., p. 258. it was held that the Talidi'y of a munioipal by-law cannot be attacked by means of an Incidental prooedure, but by the di- rect procedure indicated by the code. In Thirien vs. The Corporation qf Meueouehe et al.,C. C, d- mon, J . , 9 L. N.. p. 20, it was held that only a municipal elector can, by means of the petition mentioned in art. 896, pray for the annulation of a municipal by-law for inegularity. That the petitioner must allege in his petition that heis sueh elector. In Archambtmlt ys. The Corporation qf the village of I'Asiomp- turn, S. C, J'tliettet 9th J'liy, 1870. Loranger, J., 2 K. L.. p. 105. it was held that when a writ of prohibition had issued addressed to " The Corporation of the village of TAssomptioit in county of rAssomption, in the district of Joliette.*' forbidding it to proceed with or under a by-law of the 31st August, 1869. adopted the same dav by the.munidpal council of the village of L*A8somption, a rule for contempt of Court cannot be main- tained against a person who worked at the request of the Cor- E oration upon a canal whose construction was ordered by Nuch y-law. In Martin vs. The Corporation the County of Argenteuil, C. C, Ste. Scholastique, 2nd April, 1884. Bilanger, J.. 7 L. N., p. 139, it was held that a by-law passed by a county council under law other than the municipal code, espeeially a by-law under a the provisions of S. of Q., 1874, 37 Vict., ch. 6, s. 2, to declare that in the future all the exhibitinns for the county of Argpu- teoil should be held in Lachute, is not subject to auoulaiion under this art. See notea under art 100, 283, il32, 933, 1061. 174 HOnmfAl qOPB. BK, II. TIT. I. I m Ifsnoh eopjr.oonld not be obtained, tbe eonrt, npon •ppH- eatioE being made to it to that effeot, orders the secretary- treasarer of the oounoil, or any other person in whose cus- tody sooh by-law may be, to produce such copy ; and such person, in the same manner as the secretary -treasurer, is for this purpose deemed to be an officer of the court which gives such order. 7M» Saeh petition most be served at tbe office of the ooancil which pkMMed'tbe by-laW| eight days, at least, before it is pre- •epted^tp the.eoart. 709. The rules prescribed by articles 36S^ 369^ 364» 365» 96&t 3i6, and'dM apply «lio muiatu mutandi§to the petition preseiited in vir^ne of the provisions of this chapter. 7%^ Thacovrtmay, by it* Judgment, annul snch by-law, in whole or in part, ordei^ tbe service of such jndfpient at t)ie office of the council interested, and cause the same to be published either in the manner prescribed for the publication of. orderp of the council or in one or more newspapers. 704. Any by-law or part of a by-law so annulled, ceases to be in force from the date of the judgment. 705. Nevertheless, every tax, contribution, penalty, or obligation imposed by any by-law sulgect to be annulled, and payable before sqch by-law was set aside, is exigible, notwith- itftiuDding the setting aside of such by-law, if the petition qn which ^uph by-law was set aside was not presented to the Qonrt within tbvfBe ii^pnt|i8frpnA^t]be ti|9|e such by-law came iptofproe. l^rj. loa9i e.ontraotQd:n|i4.ev<^ry debentures issued in vir- Uie of^a> by-laif: liable to l^ s^t aside, ip valid ; and the taxes impoaed to pay such loan or sneh, debenturea, are due and eju||ible, if toe petition prayingthat such by-law be set aside was. presented t6 the court after the three months i^ioh fol- low tde coming into force of such by-law. (1) (1) In Parent vs. The Corporation qf the parish of St. Sauveur. C C, Quebec, 16th October, 1878, Meredith^ C. J.. 2 Q. L. R., p. 258, it Iras held that the validity of a municipal by-law can- not be attacked by means of an incidendal procedure. That a municipal by-law must be attacked by the direct pro> Ordure Indicatea by t|ie municipal Code. Tna'i an error In the deeorlpuon of a municipal, cprporatipn does not vitiate tha proj^nrei ^ ^ r i 1 appli- itettLTj- >8e 0U8- id fluoh •, is for )h gives ooancil is pre* Bent at e to be icatioq ceases ty, or ^d, and »twith- ion qn to the eame in yir- tazei e^ and aside ihfol. CH. YII. F0RMALITIB8 TO BE OBSERVED. 176 706. The corporation, tlie council whereof passed the by- law so annulled, is alone responsible for the damages and rights of action proceeding from the patting into force of such by-law or of such part of a by-law. 707. (il« amended by S. of Q. 0/1876, 4 F»ee., e\. 18, «. 28.) Such responsibility is incurred, neryertheless, only in the case where the petition for annulment has been served at the office of the couneil, Within thiHy ddys after the by-law has come into force. 70P. {At amended by 8. of Q. of 1875, 39 Viet., eh, 29, «. 2.) The right of demanding the annulment of any by-law, is prescribed by thiirty days ftrom the ci^ite of the coming into force of such by-law. (1) In The Corporation of St. Oermain de Himourki and JUinffuett Q.B.C., Quebec, ith March, 1878. Dorion, G.J., Monk, JiumsoM, 7'e««t«rand Cross, J.J.. XL. N-t p. H5, it was held that tnu article does not apply when the by-law Is in direct oppoMiion to the law, a d, in that case, the paid taxes can be recovered, al- tiiough the by-law has not been attacked within the delays re- quire by law. See notes under irt. 100^ In The Central Vermont Sailway Co. and The Town of St. Jean. Q. B. C, Montreal, 27th March, 1886, Dorian^ G. J., Ramsay t Te»8ter, Cross and Baby, J. J., 80 L. C. J., p. 122, it was hHdthat the limits of the town of St. John,- extending to the centre of Bichel*eu river, the corporation or said town had the right to levy taxes on the portion of a certain bridge which was wiUtin ill limits. OH. I. WHAT PROPERTT IB TAXABLE. 177 1. Property belonging to Her Mi^esty, or held in tmit for ber use, luid property owned or occupied by the corporation of the municipality in which it is situated, as well as the buildings in which are held the Circuit Courts and registry offices. 2. Property owned by or oooapied for the use of the federal or the provinoial government ; 3. Property belonging to Fabrique; or to religious, charita- ble or edneational institutions or corporations, or occapied by such Fubriqueitf institutions or corporations, for the ends for which they were established, and not possessed solely by them to derive a revenue therefrom ; 4. Burial-grounds, bishops' palaces, parsonage houses and their dependencies ; 5. All property belonging to iron or wooden railway com- panies, to which a grant from the provincial government has or may be made, for the period of twenty years from the date of the first payment on account of the grant. (1) (1) In The Corporation qfthe village of Verdun and Les SSorars. de la Omgrigatum de Noire Dame ae Montrial. Q.B.G.y Montreai 25th January, 1881, Dorian, C. J. (diss.) Uonk, Ranksajf, Croas, J. (difs \ Bahy, JJ.. 1 Q.B.R.. p. 163, it was held that the St. Paul's islaua, given to the respondente upwards of 100 years ago, for educational purposes, In which island a large building has oeen erected to loase sick nuns and others, and Uie products of which are devoted u> th<* maintenance of that religious community, and other establishments of a religious and educational char- acter, is exempt from municipal taxes under this article, and also from school taxes under s. 77 of ch. 16 of the C. S. L. C.,and «. 13 of S. of Q., 1869, 32 Vict., ch. 6. In The School Commiseionere qf St. Roch Nord and The Semi- nary of <^6ec, Q. B. C, Quebec, 1884, Dorion, C. J., Ramtayt Te89ied, Cross, Baby, JJ., 10 Q. L. R., p. 335, and 8 L. N., p. 83, it was held that the Maizerets' farm, which was for npwtrds of a ceiitttry used as a place of recreation for the priests, ecclesias tics and pupils of the Quebec Seminary, is exempt from school taxes. In The Corporation of Quebec vs. Leap craft and The Attorney- General, S.C., Quebec, Stuart, J., 7 O. L. R., p. 66. it was held that the Crown is assessable for municipal taxes on property o«- cupied as tenant. In 7Ae Treasurer qf the City of Quebec and The Morrin College, Recorder's Court, Quebec, 8 Q. L. R., p. 3. and 5 L. N., p. 144, it was held that a house situated on the same lot of land as Morrin College in the City of Quebec, to which it belonged, and occupied as a private dwelling by two of tbe prof ewon of this College, was lYt5 VtJVlblPAL odtE. BE. II. TIT. II. ■im 71S. The oeoupants of property mentioned in paragraphs 3, 4 and 5 of the preceding article, are nevertheless, liable for works of repair upon the front roads situated opposite such property in the local municipalities, wherein sucn roads are not at the costs and charges of the corporation. They are also liable for work on water-conrses, eleaimnees, boundary ditches and fences, belonging to such lands. 714* Crown lands occupied, whether under or without location tickets, are deemed to be taxable property ; bat this municipal taxes for which they are liable, cannot, in any case, be recovered from the Crown. 715. U« replaced hy S. of Q. of 1882, 45 Viet., eh. 30, «. 6.) The provincial registrar shall transmit, during the course of the month of January in each year, a list of the public lands, for which letters patent have been issued during the preceding year to the registrars of the registration divisions, and to the secretary-treasurers of the county municipalities in which such letters patent have been so issued. held to be exempt from municipal taxes, under 29 Vict., ch. 67, s. dS, as employed fbr the purfkMes of education, although part of the salanee of the professors was deducted as rent. In Bogan and The City of Montreal et al., Q. B. G., Montreal. 19th November, 1884, Dorian, O.J., AfonA;, Ranuaif, Tetaier and Oroi»t J J., 29 L.C. J., p. 29, It was held that a purchaser of pro- pel from Government, in the middle of the civic year, uter oompletidn bf roll, Is not liable for taxes for remainder MUNiqiPAJi CODE.. Bi;, II. TIT. II. i t L 1 1 ; ; T 1 1,-' ■ ! r '.I 1 i i' L^ ^ tors have .not mn^e and 4^po8i|b^ the valuation roll in the oAce of the council, the mayor or the secretary-treasurer^ must, without delaj, inform the lieutenant-governor of the fact, by letter addressed to the provincial secretary. Any rate-payer may, i'"> the same manner, give such infor- mation to the lieutenant-governor. 728. The lieutenant-governor, as soon as such negligence or refusal of the valuators has been made known to him, appoints three valuators whom he orders to make a valuation roll, and deposits the same at the office of the council within a delay fi^ed by him. If such delay, be not Q^edi these valuators must make and. deposit the valuation roll within, the thirty, dajs foilowing the notice .of , their, appointment. 791^ The valuator? appointed by the lieutenant-governor, in virtue of the preceding article, only act in relation to th& valuation roll which the valuators in office omitted to make. Such valuators are municipal officers ; and in the exercise of their duties they are invested with the saipe rights and powers, subject to the same obligations, and liable to the same, penaltier for refusal, negligence, default or omission, as the valuators appointed by the council. 780. Each of the valuators appointed in virtue of article 728 is entitled to an allowance of two dollars for each day he is employed, in valuing taxable property, and in drawing up the valuation roll. The amount of such fees is determined and taxed by certificate of the mayor, and is recoverable in the manner prescribed for penalties imposed by the provisions of this code, by the valuator entitled thereto, from the valuators in default, who are jointly and severally liable for the amount of the same with costs. 7S1* The lieutenant-governor may, if the valuators ap- pointed by him, in virtue of article 728, refuse or 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 deposited in conformity with the provision of this title. 733. So soon as the valuators heve deposited the valua- tion roll in the office of the council, the secretary -treasurer must give public notice thereof. 788. The three valuators must act together in making the valuation h)ll7 "- ^ " ^•^'- * '^^^ - '- V- - - -» - *|. : CH. III. fcXAitlNATION OF THE vAttJltlOK ROLL. 183 the CHAPTER THIRD. EXAMINATION OF THE VALUATION ROLL. 754. {U» amended hy S. of Q. of 1878, 41-42 VicU, ch, 11, «. 27.) The local council must, within thirty day next after the notice given in virtue of article 732, examine 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 with its value and all other particulars re- lating thereto, required by article 718, by striking therefrom any property erroneously inserted therein ; by fixing at such sum as it think reasonable, any valuation of '«:axable property which it judges to have been made under its true, real or annual value, or by correcting the names of persons entered therein, or the description of the lands mentioned therein, or by inserting therein whatever the valuators have omit- ted to insert. "yss* Every person who considers himself Wronged by the valuation roll, prepared by the valuators, may demand that the same be amended in such a manner as to cause that justice be done to him, either by producing an application in writing at the office of the local council upon or before the day fixed for the examination of the roll by the council, o^ bv stating his complaint verbally before the council at stfch examination. 756. Before the local council proceeds to the examination and amendment of the valuation roll, it must, by {mblic notice, inform the inhabitants of the municipality of the day and hour of the sesssion at which the same is to be commen- ced. 757. The council, at the time of the examination or the valuation roll, must take notice of all complaints lodged at its office or made verbally before it, and hear all parties in- terested, and the valuators present, and their witnesses. 755. Any amondmont 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, together with the time at which they were made, must be entered on the roll or annexed thereto, utadcft the slgtiatQre of the ptesfdent s&d the secretary-treasurer. 184 *' «!i t! t MUNICIPAL CODE. BK. II. TIT. II. I I 789. (A» amended by S. of Q. of 1882, 45 Vict,, eh. 36, «. 8.) The mayor 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 expiration of the thirty days mentioned in article 734, a certified copy of the valu- ation roll as it then stands. 740. (At amended by S. of Q. of 1882, 45 Vict., ch. 35, «. 22.) Every county council must, during the month of Sep- tember, in the year wherein the new valuation roils 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 previously given to ail the members com- posing such council, examine all the valuation rolls made in the local municipality of the county, which have been for- warded to its office, ascertain whether the valuation made in each of them bears a just proportion to the valuation made in the others, and increase or decrease, if necessary, the amount of the valuation entered on the roll of each of such municipalities ; by any rate per cent, which it deems requisite to establish a just proportion between all the valuation rolls made in the county municipality. Nevertheless, the county council cannot in any way reduce the total amount of all valuation rolls made in the county municipality, and forward to its office. The valuation roll so amended serves only for county pur- poses. 741. When a copy of a new valuation roll is forwarded to the office of the county council, after the examination made in virtue of the preceding article, the county council must, within thirty days thereafter, take communication of the new roll, and, if necessary, proportion the amount of the valuation thereof to the amount set forth in the rolls of the other local municipalities of the county, in conformity with the rule laid down in the preceding article, without, how- ever diminishing or increasing the several '.mounts of the valuation rolls in force in the other municipalities. 742* Every valuation roll comes into force as amended, if it has been amended within the time prescribed, notwith- standing any appeal pending before the county council, in virtue of article 927, for local purposes, from the expiration of the thirty days mentioned in article 734, and for county purposes, from the expiration of the delay during which the county council could take oommunication thereof. I i I 4. OH. III. EXAMINATION OF 1HE VALUATION ROLL. 185 The default of the coantf ooanoil to comply with the pro- visions of articles 740 and 741 does not prevent the valuation rolls from coming into force for county purposes. 74S. (A» amended by S. of Q. o/1871, 35 Vict., eh S, s. 4.) It remains in force until a new valuation roll, made in accordance with the provisions of this title, comes into effect ; and during such it serves as a basis for all taxes, rates, apportionments in money, labor, or materials imposed in virtue of municipal by-laws, proeis-verbatucj 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 by the provisions of the code. (1) (1) In re Les Listes ilectomlen du comU de Kamouratkat S. C Kanumraska^ April, 1877, TaschereaUt J., 2 Q. L. RmP* 308, It was held that according to the Electoral Actol 1875, 1. The valuation roil is conclusive as regards the value of the property ; 2. No per- son can be on the list of voters if he is not on the roll ; 3 That all persons who appear qualified by the roll must be on the list, except in cases of personal disqualltication whi li cannot appear in the roll. The Municipal Code shows the manner of attacking the valu- ation roll : and in a collateral proceeding, as the contestation of electoral lists, a new cont^e^'tation cannot be raised on what has been finally decided touching such roll. The secretary-treasurer has no right to correct the valuation roll. Ihis roll is his only guide. The date of the qualification of a voter is that of the list, and it is when the list is being made by the secretary-treasurer tnat the qualification must exist and appear in the roll. A complaint may be brought before thij council against the list mad«* by the secretary-treasurer, and an appeal to the judge may be had from the decision of the council upon these complaints : lo. Under sec. 83 of the Electoral Act of 1875, which orders that if upon proof, the council is of opinion that a property has been leased, asxigne > or made over under any title whatnoever, with the sole object of giving to a peroou the right of having his name entered on the list of electoi-s, it shall strike the imme of such person from the said list, upon complaint in writing being made to that elf ect. 2o. Upon fbcts which take the right of voting away from a per- son who would have all the required qunliflcations, when those facts do not appear eirher by tne valuation roll nor by the elec- toral list, as Hhere the person inscribed upon the list is not a subject of Her Majesty, or has not the possession of his civil rights or interdict for insanity or is a felon. m MUNICIPAL CODE. BK. II. TIT. H* ill I ! CHAPTER FOURTH. OKNBBAL PB0VISI0N8. 744. (Repealed by S. of Q. of IS71, 36 Fict., cA. 8, «. 12.) 745. The owners or occupants of taxable real estate, or of property declared taxable by article 710, are bound, in so far as it lies in their power, to give all the information applied for by the valuators, and to answer truly the questions put to them by the valuators relative to the value of their pro- perties, and upon their refusal to givu such information or to an''..er such questions truly, such owners or occupants incur a penalty of not less than five or more than eight dollars. 746. (At amended by S. of Q. of 1882, 45 Vict., ch. 35, «. 23.) After every change of owner or occupant of any land set forth in the valuation roll in force, the local council, on a written petition to that end, and after sufficient proof, shall orase the name of the former owner or occupant, and inscribe on such roll the name of the new one, as well as th^ name of every tenant of any lot, appearing in the valtiaj^ioi^ roll. 3o. If the secretary-treasurer h^ entered upon the list AP^f' son who has not that light, under art. 11. 267 and 270 of the j^ileo- toral Act. sec. 14, as amended by 39 Vict., ch. lH, s. 2. 4o. If the secretary has omitted a person, who, undet the roll, i9 entitled to vote aud not disquaUfled, or if he has inserted the name of a person, who, under the roil, appears to be not qualij&e4. 6o. Upon facts which may affect the right of voting, and w^iich do not appear upon the roll, as where a tenant is not a houye- bolder. In Grattcnva, The Corporation of St. mmiss0aer« q^ Hochelaga vs. Hudon et al. i S. C, Mdntrealt lOVh April, 1877, Dorian, J., 10 R. L., p. 113, and 9R.L.,p. 16. It was neld lo. That the perception roll for school purposes is not affected by the nullity of the municipal valuation roll. 2o. That the right which a municipal council has of amendiag a valuation roll, implies that of changing and modifying it, ana even of making a new roll. 30.. That the duty imposed upon municipal councils to have a valuation roll mt^e every three years, does not prevent flrom making a roll befofe the Expiration of this delay. TITLE THIRD. >,':' OF MUNICIPAL ROADS. r 'I t ■ i I (■ CHAPTER FIRST. Qentral Proviaioru, 748* All roads which lead solely to the landing stations of iron or wooden railways, tc ferries or to pay-bridgps, and all public roads, except those mentioned in article 751, are i^inder the control of municipal corporations, and are made and maintained in conformity with the provision of this code. (1). 749* Land or passages used as roads by the mere permis- sion of the owner or occupant, are municipal roads, if they are fenced on either side or otherwise diyided ofT from the remaining land, and are not habitually kept closed at their extremities, but the property in the land, and the obligation to maint^kin such roads, continue in all cas' s vested in the owner or occupant. The council or the board of delegates who have the man- agement of such roads, may, by resolution, order the owner or occupant to close the same by means of fences or gates, under a penalty of twenty dollars for each day he may neglect or refuse to execute such order. (2) 750* If they are fenced on either side, or otherwise divided off from the remaining land, and are not habitually kept closed at their extremit'js, they are municipal roads ; but the property in the land and the obligation to maintain such roads continue vested in the owner or occupant. The council, or the board of delegates who have the management of such roads, may order the owner or occupant to close the same by means of fences or gates, under a penalty of twenty dollars for each day he may neglect or refuse to execute such order. (1) In Mignerand dit Mvrand and Legar^t Q. B. C, Quebec, 3rd December, 1879, DorUmj 0. J., Monk, J., Ramsay, J., I'essier, J., Cross, J., 6 Q. L. R., p. 120, it was held that every road opened and used by the public, as such, without c r.testation, during the space of ten years and upwards, must be considered as a public road within the meaning of the law. See notes under art. 614. (2) ^ee note under art. 825. OH. GENERAL PROVISIONS. 189 ;ioii8 of bnd all I lender ie and e. (1). )ermi8- if they 'om the it their ligation in the te man- ) owner r gates, le may herwise )itually roads ; laintain ive the coupant inder a ;lect or ebec, 3rd >8«ter, J., 1 opened iring the a public 751* Public roads, under the control of the federal or f>rovincial government, and turnpike roads, governed under etters patent or special acts, or under chapter seventy of the Consolidated Statutes for Lower Canada, do not fall under the control of municipal corporations. (1) 752. The ground occupied by any municipal road belongs to the municipal corporation under whose control it is placed, and cannot be in any manner alienated, so long as it is em- ployed for such purpose. This article does not apply to the ground of a road which leads solely to a ferry, or pay-bridge, and which is main- tained at the expense of the proprietors of such ferry or pay-bridge. 753. {Afi amended by S, of Q. •/ 1878, 41-42 Vict,, c*. 11, «. 29.) Every part of the land of a discontinued road returns by right to the land from which it had been detached, and is at the charge of the occupant of such land. If the land of the discontinued road has not been taken from the neighboring lots, it returns by right to the lands between which it is situated, in the proportion of one half to each. (1) In Leclerc vs. La Compagnie du Chemin de Piage de la Pointe Claire, S. C, Montreal, 14th November, 1883, Mathieu. J., it was held that under sect. 40 of ch. 32, 8. of Q., 1870, 83 Vict., entitled, <' An Act to provide for the formation of Joint Stock Companies for stoning roads," the directors have power to regu- late the tolls which shall not exceed the rates mentioned in Schedule B. annexed to said act. and that the tolls mentioned in the said schedule are of two cents or two cents and a half per mile, travelled, and not two cents or two cents and a half for each mile of the whole road ; that the company may have, in a villagn two turnpikes gates near the entrance of a road, leading to a railway depot, provided a toll be exacted once only from those who pass through the turnpikes ; that a person who resides less than half a mile from the turnpike is not bound to pay any toll, not having travelled a whole mile ; and by Q B.C., Montreal, 9th December, 1884, Dorian, C. J., Monk, hamxay. Tessier et Bahy, JJ., 1 M. L. R., p. 296. and 8 L. N., p. 233, it was held, reversing the judgment of the S.G. ,that the toll is due, although less than a mile was tra- velled, and that under art. 19, $3 M. C, local municipalities com- prise village municipalities, and that the object of art. 27 of the same Code is only to state what country municipalities shall be considered as local municipalities, without regard to village mu- nicipalities, which fall under the general rule established by par- agraph 3 of art. 19 ; that under letters patent granted in accor- dance with the provisions of 33 Vict., ch. .32, an amended by 36 Vict., oh. 26, a company has power to macadamise a front mad in a village municipality, to put up turnpikes and to levy tolls. ' ! lIVNIOl^AL oWe. Wk. tl. TIT. III. NeTerthelesSf if obe of the proprietors whose property ^borders upon the disoontinued road gives the ground, or a part thereof required for the new road, property of the former road is vested in him proportionately to the extent of land given by him towards the new road. Parties who have shares of fencing along the discontinued road shall have the right of removing such fencing, within fifteen days from the closing of the road. 754: Municipal roads are either local roads or county roads. ^ 79S. {At amended hy S. of Q. o/1882, 45 Vict., eh, 35, «. 24.) Until otherwise provided in virtue of articles 758 or 759 : 1. Every municipal road, or every part thereof, wholly situsite in one local municipality, is a local road ; 2. £very municipal road or every part thereof, lying bet* ween two local municipalities, or partly in one local muni- cipality and partly in anot'uer, is a county road ; and if such road or part of a road lies between two local municipalities, which form part of two county municipalities, it is the road of such two county municipalities. ( 1 ) 790. Every municipal road known, at the time of the coming into force of this code, either as a local or a county road, eodtindes to be so known and to be governed as such, until the cont'raify is provided under the authority of this code. 757* Munioiptil roads are under the control of the corpo- ratichi of the mtinibipftlities to which they belong. If they are the roads of several county municipalities they are, under joint control of the corporation of such county muni- oipkMties, represented by the board of delegates. (2) <1) In Goulet vs. La .Corporation de Ste. Marthe^ C.C, Montreal, 29th IKdcember, 1884« Mousseau^ J., 29 L. G. J., p. 107, it was held that a road constructed under the proc^«-verfta/of the deputy road- master of the county council, before the coming into force of the act concerning munlcipaltiesand roads in Lower Canada, and of the Municipal Code, and when no other municipal councils were existtnB other than the county councils, is a county road : that it must be recognized and described as such till it is changed or modified by the proper authority, viz., the county council itself, and that a local council has no power or jurisdiction to amend, change or modify such B^procks-verbai; that a road wholly situated in one local municipality, but adjoining the boundary line which divides two local municipalities, is a county road •ecordiiig to the muniolpal Code, as being sitoated between two local- iHQitlcipalitiQB. (2) See note under art. 793. CH. I. GENERAL PROVISIONS. 191 roj^erty d, or a of the ctent of itinaed within county h, 35, «. or 759 : wholly ing bet* kl muni- 1 if such palities, the road of the county AS such» of this B corpo- If they ey are, r muni- fontrentl* nr as hold ity road- force of ada, and councils y road : changed council iction to d wholly oundary ity road een two 759. The county council may, by resolution or in a procis'verbalt declare : 1. That any road under control of a local corporation of the county municipality, be for the future a county road ; or 2. That any county road under the eiLclusive control of the corporation of the county, be for the future a local road under the control of the corporation of the local municipa- lity in which it is situate, or which it separates from any other municipality. (1) (1) In McEvUla vs. The Corporation qf the County of Bagot Magistrate's Court, Acton Fa/e, 22nd September, 1876, 7 R. L., p. 360, it was held that the declaration authorized by art. 758 M . G . , chanffins a county road into a local road and vtQe verta, must be puDliuied, under art. 761, only in the interested municipalities. That the description of a taxable proper! v in Skoroc^e-verbalt by reference to tht»-Tal nation roll, is legal ana regular. In Lacombe vs. Corporation qf the County (tf' Hochelaga, S. C. Montreal, 29th May, 1884, Mathieu, J., 13 K. L., p. 611, it was held that, under this article, the county council may, by a procit' verbaly declare that a road under tne direction of a focal corpo- ration shall be in the future a county road, and that this clause of the Code does not confine ihe power of a county council to the case where it is desired to impose upon the inhabitants of one local municipality the obligation of maintaininff the road of a neighboring local municlpnlity, but also authorizes the county council to declare a local road a county road, even when the keeping of that road is charged solely upon the pro- prietors of the local municipality in which it is situated. In The Corporation of the County qf Arthaba»ka and PatoinCf Q. B.C., Queoecy 6th February, 1886, {Dorian, C. J., diss, as to the whole, Ram,my, Ttssier, and Cross, JJ., and Baby, J., dirs. as to damages), 9 L. N., p. 82, it was held that when a county council declured the front road of a local municipality to be a county road merely for the purpose of abolishing it, the Court will interfere and annull such decision. Th • judgment of the 8. C, Arthabaska, 26th March, 1885, Plcb- niondon, J., is in the following terms : On September 13tli, 1882, there existed a municipal and local road, under the control of the municipality of the parish of St. Chri^tophe of Arthabaska. That road, wholly situate within the limits of the munici- pality of St. Christophe, and under the charge and for the benefit of the inhabitants of the first range of that parish, was the front road of the said first range only. Upon the aforesaid date (18th September, 1882,) the corporation defendant has, by resolution, noniologated a prods-verbal f ordering the opening and keeping of a new front road of the said first range. -.®;1J If- 1 192 MUNICIPAL CODE. BK. tl. TIT. III. fl i ! f . i 7S9. The board of delegates may also, by resolution or in tkproci»'Verbul, declare : Upon appeal by the present plaintiff, the Circuit Court annulled aud set aside the said proch-verbal thus homologated and rtvestablished the status quo before the homoloffation. This decision of the Circuit Court was rendered on the 14th May. 18S3. Pending these proccedinss, of the issu? of the proceedings on the said appeal and the oate of judgment, viz. : on the I'^th December. 1882, the Corporation defendant passed a by-law, ma- king the old ro d a county road, and at the same time passed another by-law abolishing the said old road, leaving it neverthe- less at the charge of the interested parties till the new road was finished. It may be ntentioned h<>re as a matter of fact, that the Corpo- ration defendant has not ''hanged the old road, nor has it done aiiything under its resolntion to open a new road. The plaintiff being interested in having the old road kept as heretofore, sued the defendant, praying for a declaration that th«^ defendant Corporation has not the right to turn an old road into a county road, and to have the resolution to that effect declared null, and the said road put under the control of the local municipality. 'Vhe plaintiff claims also damages. The defendant pleaded that the resolution of which the plain- tiff complains has no force, not having been promulgatfKi. The plaintiff's reply is that hU right of complaint springs from the fact of the adoption of the resolution of which he comnlains. If the plaintiff's pretention is well founded, the procedure he has taken is legal, because under the jurisprudence he could exercise his demand acco' ding to the common law, which he did. But is that position founded ? He concludes that these resolu- tions of which he complains be declared null. Under the Municipal Code such a resolution has no effect, as long as it has not been promulgated, and in fact it never has been promulgated. The Court cannot thence declare null what does not legally exist. Wherefore the d«»mani is rejected with cos s. This judgment was reversed by the S. C. K., Quebec, 30th May, 1885, Stfuirt, C. J., Caron^ ami Andrews, J J., which decided that: Considering that the plain'iff has proved the essential alletra- tions of his declaration, and namely that the said road established in 1861, was a mere local road, and was not under the jurisdic- tion of the defendant. Considering, con8(>quent1y, that the said defendant could not legally close or abolish the said old road, and that it was also illerai for it to pass a resolution, dfclaring the said road a county road, with the sole view of closing it immediately. Considering, moreover, that although the said resolution was not published, it is not to be considered as not existing, as U wrongly declared in the said judgment. Considering that the said plaintiff has also proved that in con- sequence of these illegal acts by the defendant, he sustained damages for an amount of not less twenty dollars. OH. I. GENERAL PROVISIONS. 193 1. That any local road, situate within the limits of the county municipalities, whereof it represents the corporations, be, for the future, a county road under the joint control of such county corporations ; or 2. That any county road under the exclusive control of one of the county corporations which it represents, be for the future under the joint control of all such county corporations ; or 3. That any road under the joint control of the county cor- porations which it represents be, for the future, a county road under the exclusive control of one only of such county corpor- ations, or a local road under the control of the corporation of the local municipality in which it lies, or which it divides from another municipality. Considering that ttiere is error, etc., reverspd, etc. and declared th-^ said resolution null, and condomnod th(* defpndant to pay to plaintilf the said sura of twenty dollars for damaj^es, and the costs of an action as issued in 8. C, and also the costs of this Court. This judgment waA conflrmpd by the Court of Appeal. In Rothwell vs. The Corporation of Wlckhani Weal, 8. C. R,, Que6ec,28th February, 1880, HereditH, CI., Stuarf, Ca'-on., J.»I , 6, Q.Ii.R., p. 45, it was held that a local road situated wholly within the limits of a local municipality cannot be op *ned, established and declared a county road by the county municipality, which has that power onlv when a local road has already been establish- ed or ordered by the com >etent authority. in Bill et al., and The Corporation of the County of Stanateady C.C., Sfaiistead, 13th November, 1873, Sanborn, J., 17 L. C. J., p. 312, it was held that a countv council cannot by a procis-verbal establish a road, a part of which is in one and a part in another local municipality, without first declaring by resolution or by prochn-nerhal such a road to be a county road ; that every road so established by a cour.ty must be maintained under the control of such county, that in the counties of 8tanstead, Bromo, Missls- quoi, Huntington and Richmond, except certain municipalities mentioned in art. 1080 M. C, it must be established and kept by general contribution from every corporation in the county, in pro- portion to the value of taxable propertl(>s, except in the case mentioned in art. 190 and 191, and that an assessment for a«ounty road upon two of the loc««l corporations oi a county, not in con- formity with the exception mentioned by art. 190 and 191, is illegal. In Th: Corporaionofthc. p%''ishof Sf. Gtn'vieoe vs. Legault, 8. C, Montreal, 29th November, lH73,Jofin8on, J., 5 R. L., p. 467, It was held that when a proces-verbal declares that a work shall be done under the superintendence of a countv council, the cor- poration of the parish within which the work lies cannot cause it to bvj done and sue the rate-payers to recover the cost thereof. L. See note under art. 793. I IN MUMIOIPAL OODfi. BE. II. TIT. III. ^1' I '. 769* From the date of anj declaration made under either of the two preceding articles, the work to be performed 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 municipalities, whereof the corporations have the control of the road, and who are liable for such work by the procit'verbauxf or by law, or at the sole charge of the corporation as the case may be. 761 • The declaration mentioned in articles 768 and 769, 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) 769. The powers conferred by articles 658 and 669, on the county council and the board of delegates, may be also ex- ercised by them in regard of any road, to be made in the same manner as for roads already made. 76aa. (^Added by S. of Q. of 1872, 36 Vict., ch. 21, •. 21.) Any by-law or procit-verbal, made to close a road leading into or from any neighboring local municipality, or for diverting such road at a point where it leads into or from such muni- cipality, has no force or effect until approved of by a resolu- tion of the county council, carried in tne affirmative by two- thirds of the members composing such coLncil. If the neighboring local municipality forms part of another county municipality, the by-law ot proems-verbal must be ap- proved of by a resolution of the board of delegates of such county municipalities, carried in the affirmative by two-thirds of the members composing the board of delegates. 703. All county or local municipal roads are either front roads or by-roads. (1) In McEvilla ve. The Corporation of the Counly of Bagotf Magistrate's Court, Acton Vale, 22ud September, 1875, 7 R. L., p. 360, it was held that to be entitled to public notice, it is necessary to be a rate payer under a proch-verbal or under the law. That the declaration authorized by ait. 758 of the Municipal Code, to change a local road into a county road and vice versa f must be published, under this article, only in the municipalities alfected by Uxe proc^a-verbal. In Bothwell vs. The Corporation of Wickham Weaty 8. G. K., Quebec 1 28th February, 1880. Meredith, C. J., Stuart, Caron, J. J., 6 Q. L- R., p. 45, it was hpld that a declaration made under this article is without effect, if the notice therein mentioned was not given. CB. I. OEKBRAL PROVISIONS. 196 Mf ' either mud on %» been of the >D8 have rork by ! of the Qd 759, snd has >fter the on the blso ex- in the ». 21.) ing into iverting li muni- resolu- by two- another be ap- of such thirds ir front B(tgotf . L., p. jceesary luicipal versOf palities G. K.( n, J. J., ier this was not Front roads are those whose general course is across the lots in any rango, and which do not lead from one range to another in front or in rear thereof. All other municipal roads are by-roads. 764. A front road passing betweed two ranges is the front road of both ranges, unless such road be by resolution of the council, or of the board of delegatcH, under whose jurisdiction it is situate, declared to bo the front road of one of such ranges. 7tf S* The front road of a lot includes every portion of such road which crosses such lot throughout its breadth, or upon which such lot borders at one or other of its extremities. Whenever a road is the front road of two ranges, the exact half of such road, ac^aoent to each lot, is the front road of such lot. Roads in village municipalities are front roads, unless other- wise ordered by the council. (1) 766« Any proeiii-verbait or any by-law respecting muni- cipal roads, may declare that any new road, or any road al- ready designated or recognised as a by-road, be for the future a front road, or that any new road, or any road already de- signated or recognized as a front road, be for the future a by- 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. 7«7. {At amended by S. of Q. o/1872, 36 Vtct., ch. 1, «. 22, and by S. of Q. of 1886, 48 Vict,, ch, 28, «. 14.) Every vil- lage council owns the land acquired or reserved for streets and squares, and may, on opening up such streets, deviate from the plan, by giving the land marked out in such plan in compensation for that which has been in Hs place, the pro- visions of title eight of the book to the contrary notwithstand- ing. Provided always that the opening of such street has become necessary, owing to the sale of some lots bordering on such streets. 768. Every front road must be at least thirty-six feet, and every by-road at least twenty-six feet, French measure, in width, between the fences on each side thereof. (2) (1) See note under art. 825. (2) Held :— That a front road cannot be less than 36 feet wide, French measure, (8. G. R., MdntreaL 29th April, 1871, Hfondetet, J., Macktxff, J., Torranee, J., Wicksteed and The OnparcUUm of Northamt 1 Revue Critique, p. 473. m 196 MUNICIPAL CODE. BK. 11. TIT. III. 769. These roads may be wider than this article prescribes, if it is so ordered by the acts which govern them. Municipal roads, existing at the time of the coming into force of this code, may retain the breadth which they have at such time, although such breadth be less than that required by the law under which such roads were established. 770. Every front road which if declared to be a road, or every by-road which is declared to be a front road, may re- tain its original width, if, previous to such declaration, it possessed the width required by law. 771. Every road must have, if it required it, on each side thereof, a ditch properly constructed, and having sufficient width and fall to carr> oflf the water of the 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 border- ing upon sach road, such water-course is regulated by a pro- ci^-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 expense, 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 proci^-verbal. 773. Ditches, small drains and bridges, of less than eight feet span, form part of the municipal roads on which they are situ.ited. Pits, precipices, deep waters and other dangerous places, which must be filled up or protected in such a manner as to prevent accidents, form also part of the roads on which they are situated. 774. (As amended by S. of Q.o/1884, 47 Vict, cA. 18, «. 6.) 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. But the establishment of a front rood, between two ranges or two concessions, shall in no manner alter the obligations of neighbors, when such road shall be solely at the charges of one of the ranges or of one of the concessions. (1^ brtd 1 . iscribeSi ing into r have at required road, or may re- ation, it sach side sufficient nd of the ecessary, Y road, it Is border- by a pro- visions of either by r at their ands, the ;h water- hal. han eight I they are IS places, ner as to lich they cK, 18, «. any land it of such ro ranges Rations of larges of of S an- on, C. Ji, diss.) 23 OH. I. GENERAL PROVISIONS. 197 775. {As amended by S, of Q. of 1878, 41-42 Vict., c. 10, «. 30.) Upon any road which runs along the line of any land, one-half of the fence which separates such road from the land forms part of the work to be done upon such road. But if a by-road divides a piece of land into two portions, the owner of such piece of land is not obliged to put up more fences along such by-road than he was before the establish- ment 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 proc^s-verbal or by-law, as the case may be, are determined by the road inspector, in such a manner that the position of the neighboring proprie- tor be not more onerous than it was before the establishment of the road. (I). 776. Every fence required on any municipal road must be well made, and kept in good order according to law. 777* Fords form part cf the municipal roads with which they are connected. If a ford unites two different roads, one half of the ford forms part of the road to which it is adja- cent. They must be marked out with guide poles, and kept at all L.C.J. , p. 17G, and 4 L. N., p. 406, the plaintiff claimed damages the corporation, alleging that oy opening a f^ont road through his property in the first range of the said township for the use of second range proper' ies, tlie corporation had cut down his fences and had not restored tlieni. The cor[>oration demurred th:it the action was not well founded, because a front road being fstablished by law, every proprietor i-* t ound to fence. The plain- tiff contended iliatihe corporation being charged with the Keep- ing up of the r'^ads, under art. 1080 M. C, was also bound to fence the same. '1 he Circuit Court, in Sweetsburg. maintained the de- murrer, and that ludement was aiiirnied by the Court of Queen's Bei eh which decided that corporations which, in iltc Eastern townships, open a front road on property, are not bound to fence either in whole or in part. (l)In The corporation of St. Lucys. yying,Cy.C..St. Jean, April, 1883, Chaunon, J., 12 R. 1^., p. 046, It was held that th'S nrticle, as amended, does not authorize the superintendent of mads to include in \\\s prov^s-verhnl more than lialf of the ci st of fencing that which belongs to tlie public, as the half which is at the chiiree of the proprietors is not subject to the provisions of the procti-verbal. 398 MUKiotp^L tnn)K« n. TIT. IIL ■times free from loose stones and other impediments ; and the bottom thereof must be kept as smooth and even as practica- ble. 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 be- tween the twentieth day of June and the first day of August in each year, by the persons who are bound to keep the roads upon which they are found in repair. 779. The work, ordered by the law, and by prods-verbal or by-law as the case may be, necessary Tor constructing, im- proving and keeping in repair any municipal road is per- formed : * 1. Either by the persons who are liable therefor, under the prociS'Verbaux or the by-laws which regulate such road, or in default of procis'VerbauXt 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 corpora- tion. 780. Crown 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 procis-verbalf 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 against the others in proportion to the value of the land occupied, for the works ordered by the proems-verbal or by-law, until otherwise regulated by a sub- sequent proc^s-verbal or by-law, according as such works are regulated by prods-verbal or by by-law. 783. No rate-payer, of any local municipality, is liable OH. I. GENERAL PROVISIONS. 199. and the )ractica- 1 endive, ich grow jyed be- * August he roads ^n-verbal ting, im- l is per- inder the >ad, or in risions of ', if a by- my other iters such corpora- ork upon Eire made ler under on front the same divided sing of a eirtue of pon any or piece aving to to the d by the )y a sub- orks are is liable for work on any road situated within any neighboring looal municipality, unless such road be a county road. (1) 783. (At replaced by S. of Q. of 1884, 46 Vict., ch. 28, «. 7.) The works on all the by-roads of u municipality in general or on any particular by-road, to be performed by the labor of the persons liable for such works, are divided either in proportion to the extent in superficies of such land, by reason whereof such persons are liable for such by-road, or in proportion to the value of such land, according to the decis- ion of the council of the municipality. The by-laws and proc^g-verbal, as to the works to be per- formed, according to the extent of the land in force on the 27th day of May, 1882, and which have not now been repealed, remain in force until they are repealed or amended. 784. All works upon municipal roads are executed in the manner prescribed by the provisions of this code, and by the procia-verbaux, or b.v the by-laws or orders of the council, respecting the same. 785* All works, ordered to be done upon county or looal 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-walks are situated, or under the superintendence and control of a special officer appointed for such purpose, by prods-verbal or otherwise, by the councilor by the board of delegates having the control of such roads or side-walks. Such special officer is invested with the same authority, sub- ject to the same obligations, and liable to the same penalties as the road inspectors, in regard of the road or side-walk work for which he is appointed. (2) (I) In Ooulet vs. The Corporation o/Sfe. Marihe, C. C , Montreal* 29th December, 1^84, Alousseau, J., 29 L. G. J., p. 107, it was held that a municipal by-law, made by a local council, ordering that the bridges over a road shall be made by all proprietors whose properties are drained by the waters flowing out tliereby, may be annulled for illegality if the proprietors and properties belong to several distinct local municipalities ; that such a road is a county road and falls under the jurisdiction of the county council. In Deschkneit vs. Tlie Corporation of Ste. Marie, C. 0.. St. Joseph, October, 1880, McCord, J., 7 Q. L. R , p. 50, It was held that where a {M>rtion of a municipality has been detached in order to form a separate municipality, the rate-payers w ithin the detached portion are no longer bound by any prroyisions rk. the con- ies as the ch he has penalties n default pal roads law, and ch roads ting from ies inter- cer, when is further each day 702* Every person who, without reason or authority, cuts mutilates, or injures any trees planted or preserved for or- nament on any municipal road, or any posts, inscriptions, works, or articles forming part of, or connected with any municipal road, is responsible for all damages occasioned thereby, and further incurs a penalty of not less than two nor more than five dollars. 793. {Aa amended by S. of Q. of 1882, 45 Vict., ch. 35, •. 26, and by S. of Q. of 1885, 48 Vict., ch. 28, s. 15.) Every corporation is bound to maintain the roads and side-walks under its control, in the condition required by law, by the procls-verbaux and by the by-laws, which regulate them, under a penalty not exceeding twenty dollars for each in- fraction thereof. Such corporation is further responsible for all damages re- sulting from the non-execution of such proc^s-verbaux^ by- laws or provisions of law, saving its recourse against the offi- cers or rate-payers in default. If the road is under the control of several county corpora- tions, such corporations are jointly and severally bound to maintain such road in the required condition, under the same penalty and responsibility. But no such suit shall be taken against any such corpora- tion, without fifteen days notice of such suit being given in writing to the secretary-treasurer of the corporation, which notice may be given by registered letter, and shall be at the cost of the person giving it. If the suit is taken in the name of a person who is not a rate-payer of the municipality, he shall deposit t^e sum of ten dollars with the clerk of the court on the issue of the summons to guarantee costs. (1) In Pariys. The Conxiration of St. Clement, C.C-, Beauhai'nois, ICthFpbruary, 1874, Belanmr, J., 5 R. L.. p. 428, it was lield that in an action against a municipal corporation for neglect to keep the roads in proper repair, it is not necessary to allege in ti e vie- claration that the affidavit required by S. of Canada of !cj..iiitain in good order roads comprised within its limits, even I gh it should not be bound to that maintenance, in virtue of .« 1 - ".'jiw under art. 635. * '" f^iggins vs. The City of Montreal, S.C., Montreal, 14th Octo- ber, 1884, Sicotte, J , 29 L G.J., p. 26, it was held that a munici- pal corporation is liable for the damn^es caused by the bad state of a siaewaltc, if it neglected to give it reasonable attention. CH. I. GENERAL PROYISIOKR. 3oa -h. 21, «. >lution is Lunicipal ettBf 15th It accord- stmenable the state the cases M. C. ver situa- te -waters, ling it. iaiii<)lpal >ii will be fer West, lid that a ing ft* m A Maker , ^ro88 and held that I from an will take s in good 'hec, 27 th that it is • be kept ng roads itants of 'epair by ny older ler in the ay, \9M. p. 606, it unicipal ice along icy, Tes- is bound it«, even irirtue of Ith Octo- munioi- )ad state tion. eounoil, whenever a petition has been laid before it by one or more persons interested in the construction, opening, widening, alteration, divergence, or keeping in repair of any In Ouillaume vs. The City of Montreal, S.C., Monfrtal, 30th November, 1880, 3 L. N., p. 406, it was held that the corporatou of Montreal is liable for damages caut^ed by the bad state of the public footp:ith8 in the city, and that the corporation has a re- course en garanfie for such damages against the proprietor of the ftremises opposite the footpath. See fn the same sen^^e as to the lability of the corporations -.—Grenier niid The Mayor et al., qf Monrealj Q>B.C., Montreal, 15th September, 1876 Dorion, C.J. Monk. Ratnaay, Sanborn and Tesster, J.J., 21 L.O.J.. p. 296. The principles laid down by these two decittions apply to all munici- pal corporations. In Patrick vs The Corporation of V Avenir, Q.B.C., Qii^ftcc, 6th March, 1877, Monkf Ratngay, Sanborn and TVsaier, J.J., 9 R.L., p. 321. it was held that in an action foi damages against a muni- cipal corporation, under art. 793, it is not necessary to state the precise place in the road where the accident occurred nor to give the name of the neighbor lot. In Lulfiam and The Ctiy of Montreal fQ. B. C, Montreal, 19th May, 1884, Dorion. C. J., Monk, Tessier, Cross and Baby, J. J., 29 L. G. J., p. 18, it was held that an action by a person who slipped and sustained injury will be dismissed if it is proved the sidewalk was usually kept in excellent condition, and the influ- ence of the weather, at the time of the accident, was specially un- favorable. That when a by-law orders that the proprietors fronting a side- walk shall make it safe for passengers under a penalty of $20, their failure to do so gives rise to such penalty, but does not make the proprietors liable for the damages caused to individuals by the bad state of such sidewalk. In Htggins et vir and The Corporation of Richmond, S. G. R., J/on/reaf, 30th November, 1872, iuocAra^. Torrance and Beaudry (dissident), J. J., 17 L. G. J., p. 246, and 2 R. G., p. 476, it was held that a municipal corporation is liable for damages sustained by a woman by the upsetting of a sleigh, owing to an embankment on the road, although there was still suthcient roadway to allow of two teams pai^sinK at the same time, and the horse was at the time being driven by a female only 12 years of age, — if it is proved that the corporation had been previously notified about that embankment. In Gagni vs. The Corporation of the TaBpon8ible for dam- ages caused to a proprietor in changing the level of a street. In Bronsdon et al. vs. The City of Montreal^ C. C. Montreal. 9th September, 1884, Mathieu, J., 12 K.L., p. 610, it was held that a municipal Corporation which is obligod to raise the eleva- tion of a street, and obtains the authority of the Legislature to do BO, will be responsible only for damages resulting from the de- preciation of the value of the property alfected by the change, and is not bound to raise the buildmgs in proportion to the street. In Begina and The Corporation of St. Sauveur of Quebec, Q.B.C., Quebec, April, 1877, JJorion, C.J., and Tessier, J., 3 Q.L.B., p. 283, and 1 L. N., p. 180, it was held that an indictment will lie against the Corporation of a rural municipality for the non-repair of a highway, although it is a front road on which each proprietor is bound to repair his frontage ; that in such a caae where the Corporation, after conviction, causes the road to be repaired, a merely nominal fine will be imposed, and costs will not be awarded in favor of the private prosecutor. In Morrison and The City of Montreal, Q. B. C, Montreal 21st December, 1880, Monk, Jiamsay, Baby, J. J., Doherty, J., ad hoc, and Jetti, J., ad hoc, 26 L. C. J., p. 1, it was held that an action for damages lies against a municipal corporation by the owners of the adjacent properties, ^hen the corporation by changing the level of a htreet has interfered with the access thereto from the adjoining houses. Held :— That a proprietor alon^ a street cannot claim dam~ ages for the levelling of a street, if the levtlling has not been made in front of his property. The levelling in front of a neighbour's property is not sufficient. (S. C, Montreal, 31st Octo- ber, 1871, J^ondelet, J. Mercantile Library Aswciatiou vs. The Corporatiofi of Montreal, 2 B. C.,,P« 107.) CH. I. OBKERAL PR0Vlf>I0V8. 207 Lie, de- Eaprit ). 148, it unicipal roads in rht days 45 Vict. Maker. ro88 and eld that Hired in ty; and le want ieargu- alf 6th , p. 383, brdam- eet. ontreal. TBB held e eleva- re to do the de- chanee, i to uie QuebeCf % J., 3 ictrntnt for the n which I such a road to id costs ontreal ^rty, J., that an I by the tion by ) access 01 dam~ Dt been nt of a BtOcto- Y8. The 2. Appoint, without delay, a special superintendent, whoso duty it shall be to visit the places mentioned in the by-law, resolution, jr to report to the counoil and to draw up a proci»'verbal if necessary, within the delay which the coun- cil shall fix. (1) In BoHtelle vs. The (hrporation qfDanvUley C. C, Sherbrooke, 9th July, 1874, Doherty, J., 6 R. L., p. 2, it was held that no action for a qnantum meruit for road work will lie against a mu- nicipal corporation under the municipal code. See the opinion of Mr. Justice Ramsay, dissident, in Priee et al., and The Corporation of J^tt. Geneoikve, 5 L. N., p. 142. In The Cotporaf.ion qf Tinwick and The Grand lYnnk Railway iyfrnpany^Q. B. C, Qitebee, 8th March, 1877, Monk, Ramsay, San- bom, and I easier. JJ.,9 R. L., p. 346, it was hold that a munici- pal corporation has a riffht of action ajirainst a railway company for damages causied by the works of such company to the corpora- tion's bridge . , In Laurtn v. The Corporation of Snult-aux-RecolletUt C. Ct Montreal, May, 1884, Mousseau J., 7 L. N., P- 318, it was heldtha the eight day's notice and the $10 deposit required by sect. 26 of ch. 36 of S. of Q., 45 Vict., for tho issue of the action granted by this article, are not required in civil actions brought against municipal corporations on account of the bid order of their road, and that an exception d la forme founded on the want of notice will be rejected. In Bothwell vs. The Corporation cif Went Wickham, S. C. R., Qtf€6ec. 28 h February, 1880, Meredith, G. J., Stuart, and Caron^ J J., 6 Q. L. R., p. 45, it was held that a local corporation cannot be condemned to make, within three montt^s, under a penalty of 91,000, a road established by a county council : the penalty enact- ed by this article being the only one to which th « corporation becomes liable bv its default. In Labelle et al., vs. The City of Montreal, S. C, Montreal, 4th October, 1885, Papineau, J., 2 M. L. R., p. 56, it was held that where a person dies from an accident, caused by the bad state of a street the hfirs of such person, even though no special damage is proved, can recover from the municipal corporation a certain sum of money, as ** consolation." In Chenier vs. The Corporation of St. Clef, C. C, Montreal, 30th September, 1881, Jotinson, J., 4 L. N.. p. 335, it was held that the prescription enacted by art. 1045, M. 0. , does not apply to an action against a corporation, under art. 793, M. C-, for penalties and damages for not keeping up the fences on a municipal road. See note under art. 4, 958, and see art. 28. (1) In O'Shauyhnessy vs. The Corporation of Ste. Clotilde of fforton, 8. C. R., Quebec, June, !885, Stuart, C. J., Casaulf and Andrews. JJ., 11 Q. L. R., p. 152, 8 l^. N., p. 253. it was held that an omission in a resolution appointing a special superintendent for the opening of a road, especially the omission of the date when the superintendent shall report, does not make the reso- lution null. IWl \ii ai ij ! Ih !» » 208 MUKIOIPAL CODE. BK. I. TIT. III. 70S. Any rate-payer mny be made liable for any work on a front rond or by-road, by a prorPn-verhal or a by-lnw made under and by virtue uf the article 794, in proportion to the property he holds or occupies, Hubjeot uevcrtheleHH to the proviso contained in the article 782. 705o. {At added by S. of Q. of 1885, 48 Vict., ch. 28, ». 16.) If it concerns a front road of two ranges, the municipal council may pass a by-law to divide the said road across for the purposes of maintenance, so that each proprietor or occu- pant of land shall keep the whole width of the said road upon . one half of the breadth of his land, except in cases where the nature of the soil or other obstacles shall render such divi- sion unjust ', and, in default of agreement between the parties interested, respecting such divison, the road inspector of the division shall upon request of one of the parties, make the division himself. In The Corpf.ration of St. Ahxamhr vs. Maillrmx, C. C, St. Jearij 6tb Maich, 1875, 7 B. L., p. 417. it wns held that in the case of a petition of raie-payers of a municipality, praying for the action of the council on the appointment of a superintendent to report on the opening and maintenance of a road, those ^ho in the appeal from the decision to the board of delegates are called intiniis by the municipal GodJ>, should be the petitione: s named at the bottom of tho petition, and not the corporation, which by the inftrumcntality of its council, have appointed the superin- tendent. In Hough and The Corporatu>n of South Ireland, and Cole- raine, Q. B. C, Quebeo, fcth March, 1^86, Dorion, C. J., Monk', Tessier, Crons, and Baby, JJ., 13 K. L., p. 581, it was held that 2Lr\ action en complainte brought agaiiiht a special surperint«n- dent, appointed under the provisions of th( municipal Cort made in the above terms is invalid, and can- not give rise to an a: peal to the county council. In O Shaufffinessy vs. The Corporafton of Ste. ClotiUhof Hor- Um,S. C. K., Quebec, June, 1885, Stuatt, C. J., Casault and Andrews, J J., 11 Q. L. R., p. 152, it was held that wlien a special superintendent, who ife of opinion that the work should be done, reports his opinion to the council without drawing up a proch- vtrhal, and when the council orders him to make r proch-verbnl which is made on that order, such procedure is not a caus** of nul- lity of ihe proc^s-verbal, but is only open to objection as to the cost thereof. In Hough and The Corporation of South Ireland and Coleraine, Q. B. C, Quebec, 8th May, 1SS5, Doriou, C. J.. Monk, Tessier, Cross, and Baby, J.J., 13 K. L., p. 681, it was held that a n uui- cipal corporation, and those whom it employs upon work on roads opened for upward of 25 years, and duly verbalUi, cannot be sued in an action en complainte and in damages. r n m\ ■PIP 2i0 IftmiOtPAL (fODB. fik. tl. tlT. III. ^1:1 : i I im 708. The oouncil, 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 surporintendent, 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 procig-verbal, in accordance with the provisions of this section, or appoint another special saperin- tendent in his stead. 790* "Every procia -verb xl must indicate : 1. The situation and description of the work to which it relates ; 2. The work to be performed and the delay within which it must be performed ; 3. The taxable property of the owners or occupants bound to perform work or to contribute to its performance ; 4. The proportion of work to be performed by each rate- payer, if the nature of the work admits of it, whenever the work must be done by the rate-payers themselves ; 5. The person under whose superintendence suoh work must be executed. (1) 800. If a front road is in question, and if all the work upon such road be imposed upon the owners yt cci: pants of the lots fronting on suoh road, the indication <^l »uch lots in the procie-verbal is not required* 801. 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 I -...■■ — — .. - ■ (I) In 0*Shaughne89y vs. The Corporation of Ste. Clothilde of Norton, S.C.R , Quebec, June, 1886, Suart, C.J., Casauit and An- drews, J.J. , 11 Q.L.B., p. 162, it was held that the failure to mention in the procis-verbal, the person under whose s iperin- tendence the work must be done, is not a fatal omission, because the road being a local one, would fall within one of the road divisions (Art. 655, M.G.), and would thus be under the superin- tendence of the inspector; both for its construction and sub- sequent maintenance. In Bothwell vs. The Corporation of West Wickham, S.G.R., Quebec, 28th February. 1880, Meredith, C.J., Stuart and Q*ron, J. J., 6 Q.L.R., p. 45, it was held that a procis-verbal, which enacts that a municipal road shall run along a railway " till the most proper place for a crossing," does not contain the situation of the work to which it refers, and that it will bp declared illegal, and that for this reason, ft mandamm will not Issue to order tUo making of tlifttroftd. ' within its not rt of the opinion provide prepare, rith the saperin- rhich it (fhioh it 8 boand sh rate- ver the h work 16 work ants of lots in wing to h road, ne-half Hide of ind An- lure to i iperin- >«K!aa8e he road luperin- nd sub- S.G. R., Oifon, , which till the tuation illegal, der Uio OH. II. MODS OK DBAWII9Q A PRQCiS-TEVBAL. 2H 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 proc^a -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 procia-verbal, is considered as a by- road* 802* It may be further ordered by any proc^g-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 according to plans and specifioations annexed to the proc^-verbalt 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 construction deter- mined 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 roaJ pass through uncleared land, the timber on each side of the road be cut down by the owner or occu- pant of such land, or by the persons bound to perform the road work, for the space of twenty feet from each fence, un- less such trees are fruit trees, or maple or plane trees, form- ing part of a maple grove, or are reserved for ornament to a property j 7. That the work be performable fW>m the date of the com- ing into force of such proci»-verbal, without it being nece8« sary to draw up a deed of apportionment ; 8. That works of building or repairing be not performed 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 auction to the last and lowest bidder, offering sufficient security for the execution of the same. 803. Every procia-verbal may, in addition, determine the general mode of constructing or repairing the road and works connected therewith* 9Qi* Xhe special sagerintend^ot most deposit the ^roeit- t ■- 'I i I! iS' j :i ■P4P i; ;j; 1^ N:' iJ||« II 1 1 212 MUNICIPAL CODE. BK. II. TIT. III. verbalt and report drawn up bj him, in the office of the coun- cil by which he was appointed, within the delay fixed by article 794, or by the council in the case of article 798. 805. (As amended by S. of Q. of 1872, 36 Vict., ch. 21, «. 25.) If it appears to the secretary-treasurer of the council, at the office of which such proc^n-verhnl and report have b«^en deposited, that the work to be performed is work falling wiihin the jurisdiction of another council, he must transmity without delay, the jyroc^s-verbal and all the proceedings con- nected therewith, 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 jurisdiction of more than one county corporation, the procH-verbal, and pro- ceedings connected therewith, must be transmitted to the office of the council of the county municipality, in which the work was originally proposed, to be afterwards submitted to the board of delegates of the counties interested. 806. (il« amended by S, of Q. of 1872, 36 Vict,, c. 21, n, 26.) The council or the board of delegates concerned, may, at any time after the deposit of the prods-verbal has been made at the office of the council, under either of the two preceding articles, homologate such proc^»-verbal, with or without amendments, or reject the same, provided that public notice has been given by the secretary-treasurer of the council, or by the secretary of the board of delegates, to the parties interested, of the time and place at which the examination of such prods-verbal is to commence. Every person interested is entitled to be heard by the coun- cil or by the board of delegates, at the time appointed for the consideration of Buoh proc^s-verbaU (1) (l) In Lauiombe vs. T/ie Corporation of the county of ffochelaga* S.C.. Montreal, 2dth May, 1885, Mnfhieu, J., 13 R. L., p. 611, it was held that the proceedings of a county council, relating to the h imolo^atlon oi a. proch-nerbal , will not be annulled, because a member ot* the municipal Corporation, who had been elpcted since the notice of convocation, was not present, if it appears that no real injustice resulted from the absence of that member, and if it is stated, by the prods-verbal of the sitting of the coun- cil, that every member then in office received a nonce of convo- cation for that special session-, that the interested parties which do not invoke that irregularity before the county council, but simply contest the prod*-verbal on the merits, cannot afterwards •i i u \ CB. II. MOD 8 OF DRAWING A PROOFS-VERBAL. 213 807* The municipal council, or the board of delegates in any decision on the merits of a. proci^-verbal, may tax the costs of the proceedings, and cause them to be paid by the parties interested, by the corporation, or by any other per- son in its discretion. In the absence of a decision by the council or by the board of delegates, the costs incurred may be recovered from the corporation, under the direction of which the special superintendent acted, saving its recourse against the peti- tioners who demanded the prods-verbal. In case of refusal, such costs may be recovered in the same manner as penalties imposed by the provisions of this code. 808. The secretary-treasurer of the council, or the secre- tary of the board of delegates, is bound without delay to give public notice of the homologation of any procia-verbal made under the provisions of this section* (I) 809. Every prods-verbal comes into force at the expir- ation of the fifteen days which follow the public notice given, raise the irregularity by a writ of prohibition ; nor can an in- terested party who doei not invoke at the general session for the homologation of the procis-verbal^ the irregularity of the nomi- nation of the special superintendent, afterwards lais ) that irre- gularity on a writ of prohibition. In O' Shaughnessy vs. The Corporation qf St. Clothilde cf Horum, S.G.B., Ooefrec, June. I885v Stuart, C.J.i^Casault and Andrews, 11 Q.L.B., p. 152, it was held, that a notice, under this article, given on Aueust 27th, sta^ing that on Monday, September 6th, the council would proceed to the examination of the procha- ver6aL is irregular and makes the homologation thereof null, Mon- day falling on September 3rd ; and, that the council, having pro- ceeded on September 3rd, there was not the seven dayd notice required by art. 238; and, that a resolution of the council amending uie prochs-verbal, by throwing the costs of thf* works npon the parlies interested instead of upon the municipality, amounted to an homologation of t\n* prochs-verbal thus amended, and that such amendment and the notice given that same would be taken into consideration, were void. (1) In O* Shaughnessy \%. The Corporation of Ste Clothilde of Ilorton,8. C R., Quebec, June^ 1885, Stunrt, C. J., Cafiault and Andrews, J. J., 11 Q. L. R., p. 152, it was held that the h •molog)V> tion on Monday. September 3ril, of a. prods tyerhaf for the open- ing of a road, when public notice announced to the interested Sarties that it would be taken into consideration on Monday, eptember 6th, is null ; that it is equally null when seven days have not elapsed between the public notice and the meeting of the council which has homolofsted it. See note under art 809. 214: MUNICIPAL COPB. BK. II. TIT. III. if ii* m^: 1 in Tirtae of the preceding article, unless an appeal has been taken, in which case the procig-verbal 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. (1) SOOcr. (^Addedhy S. ofQ.of 1878, 41 VicU, c. 18, ». 28.) If the work or works, ordered to be performed by procia-verbal or by a by-law in force, become demolished, ruinous or likely to fall from old age, they may be repaired or rebuilt under such prods-verbal or by-law, by observing the formalities prescribed therein, or with modifications made by the council, if it has amended such prods-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 per- form such work. 810. (As amended by S. of Q. of 1875, 39 Viet., e. 29, «. 11). Every proems-verbal in force may, at any time, be amended or repealed by another prods-verbal drawn up in the same manner, on petition by the parties interested or under order of the council. (2) (1) In O'Shaughnesfy vs. The Corporation of Ste Ctothilde of Norton, S. C. R., Quebec, June, 1885, Stuart^ C. J., Casnult and Andrews, J. J., 11 Q. L U.,p. 152, andl4 R. L., p. 388, it was held, reversing the judgment of the S. C. of Arthabaska, 18th April, 1886, that %v¥och-verbal, or an act of apportionment, cannot be executpd, lAhe notice mentioned in art. 808 and in this art. has not been given , even thottidi a public notice of the deposit of the apportionment act« had been given (art 817, M.C.); that a per- son, who is affected by that proch-verbal and acte, maydemand the nullity thereof by direct action , brought after the delay of three months i^ter the notice of the deposit of the acta, not^nth- standing that such person was before the i^sue of his action en nullife, su»»d twice for the recovery of taxes imposed by the pro- e^s-verbal and acte ; and that, in such a case, it is not necessary to follow the procedure indicated by art. 100 and 698 M. C, and that the procedure under these articles does not exclude other resources for the same object, as certiorari, pmhibitioii and even a direct action , when the procksvtrbaux and the by-laws con- stitute a title which may be invoked by the municipality against a citizen ; that if such title is null or voidable, the rate-payer is not bound to await an attempt to enforce the same, before attack ing ittt validity. (2) In HoUon tf Callaghan, Q. B. C*, Quebec, 7th December 1775, JJorion, C. J , Monle. Jiamsay, and Sanborn, J. J., 9 R. L., p. 665, it was held that & prods-verbcU can only he, aiMnded by another procis-vtrbal made in like manner. OH. II. MODE OF DRAWnra A PROCJSS-yeRBAL. 215 ftlOa. {Added hy S. of Q. of 1878, 41 Vict., eh. 18, ». 29, anrf a» amended by 45 Fi'ct., c^. 35, «. 27.) Every procia- verhal in force may, at any time, be amended by the conncil, by by-law, on petition of one or more interested parties or on the order of the council, prjvided that public notice be given 'by the secretary-treasurer of the council or by the secretary of the board of delegates, to the parties interested, of the place where, and the time when the examination of the pro- c^8'Verhal shall be begun* 811. Any person may be declared liable for work upon any front road or by-rostd, under any proems-verbal, by reason of the taxable property which he owns or occupies, subject to the application of article 782. MS* If the pt ocis'verbal does not dispense with the mak- ing of an act of apportionment, the work required by suoli proei^-verbal need not be performed by the rate-payers, until an act of apportionment has been drawn up and comes into ■force. (I) 81 S* A copy of any procis-verbal, homologated by a county council or a board of delegates, must be transmitted In Bolton and Aikhit, Q. B. C, Quebec, 17th September, 1875, Dorian. C. J., Monk, Tcuchprenu, Ramsay, 'and Sanborn, J. J., 3 Q. L. R., p. 289, it was held that a /m)c^«-ver6a/ of a municipal corporation can only be moditied by another /mM^«-v«r5a/, made in like manner, and any change which a municipal council may pretend to make in Viprochs-verbal, by means of a simple res^ola- tion, is absolutely witnout effect and null, and 8u<^h nullity may be invoked at any time. in Lemire and Courchesne, Q. B. C, Afontreal, June, 1868, Dxtval, G. J., Caron, Drummond and Badgleu,J. J., 28 L. G. J., p. 198, and 1 R. L., p. 158, it was held that the provistions of a proehn-verbal , duly homologated and confirmed, must be executed and obnerved, as long as it has not been duly replaced or annulled! ; that the interested parties cannot claim a position other tlian that resulting from the provi^ion8of Khe proc^,a-vrrbal' In Allen et al. vp. The Corporation of Jiichmon't, 8. C., Rich' m&nd, 21 "»t Jaiiuiry, 1884, ItrookH, J., 7 L. N., p. t>3, it was held that a county council cannot, by a resolution and without notice, amend or aiuiuU & procis-verhaf , establishing a public road pre- viously homologated by the council. (1) In The Corporation qf Sle M'trquerite vs. Migneron, Magis- trate's Court, St. Jirome, April, 1875. de Afnntigny, magistrate, 29 L.G. J., p. 227, it was held that an action to recover a penalty for having neglected to make the works required by &proch-ver' ftaf will be dismissed, if no .apportionment ocfe had been made, the proeis-verbtU not dispensing with the necessity for mn aete. ■" I 1 I 216 MUNICIPAL CODE. BK. II. TIT. III. without delay to the office of the council of ea:h local muni- cipality, in which the road» governed by such procls-verhal, is situated either in whole or in part. Section II. — Of the Act of Apportionment, S14. Within the thirty days next, after the coming into force of any prods-verbal ^ the special superintendent must draw up and file at the office of the council, in which the procia- verhal is deposited, an act of apportionment of the work to be done under such procia-'-erfmlf unless an express provision of the proc^s-verbal dispenses with the same. (1) 819. Every act of apportionment must indicate : 1. The work and :he procis-verbal to which it relates; 2. The woi tp ^ty, by the owners or occupants, 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 con< . ih« ion which must be given by them in money, labor or materials ; 6. The place and time in which, and the officers to whom, such contribution must be delivered. 816* If the special superintendent has not drawn up and filed the act of apportionment within the delay prescribed by article 814, the council, 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 de- lay. (2) 816a. (Added by S. of Q, of 1878, 41 Vict., c. 18, ». 30.) Whenever the council shall so order, a new act of apportion- ment may be made of the works ordered under an old procis- verbalf if the repair or rebuilding ordered by such prods- verbal is in question. ^1) In The Corporation nf Ste Brigide vs. Murray, C. C. Iher- vine, 3l8t January, 1886, Chagnon, J., 14 R. L., p. 227, it was held that an apportionment ac^e of works to be done, in notice of a proda-verbal, is illegal and null, if it has been made after the completion of those works. See note under art. S09. (2) In O' Shaughnessy vs. The Corporation of Ste. Clothilde qf Horfoii,8.C.U., Quebect June, 1885, Stuart, C. J., Casault and Andrews, J. J., 11 Q. L. R., p. 152, it was held that an apportion- ment, made by order of the council after the delay mentioued in art. 814, is legal. OH. II. MODE OF DRAWING A PROCi:S-YERBAL. 217 817* The act of apportionment comes into force fifteen days after it has been filed in the ofiice of the council, provided that public notice of the filing thereof has been given within such delay, (i) 818. Every act of apportionment is annexed to the procl»' verbal to which it relates In the case of article 813, a copy thereof must be trans- mitted without delay to the ofiice of the council of each local municipality, in which the road is situated, either in whole or in part. 819* The council, in the office whereof an act of apportion- ment 18 filed, may amend such act on the petition of any rate- payer or road officer, after having given public notice to the parties 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 paTly who desires to be heard* Every amendment to an act of apportionment comes into force fifteen days after the passsng thoreof, except in the case of an appeal, in which case the act of apportionment 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. 820. No provision of any act of apportionment can be in- consistent with those of the prods-verbal to which it relates. Section III. — General Provigion*'. 821. The contribution of each person liable for work on roads, in virtue o( Any proc^g-verbal or act of apportionment, is based upon the value of the taxable property, by reason of which 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. If* (1) See note under art 809. 218 MUNICIPAL CODE« BK. 11. TIT. III. CHAPTKE THIKD. OP PBBS0N8 LIABLE FOB WOBK ON B0AD8 IN THK ABSENCE OF A PBOGES-VERBAL OB BT-LAW. I 1 j . i i . 1 Section I. — General ProvUioiu, 898* The provisions of this chapter are only applicable when there is no procit-verbal or by-law, establishing by whom the work on municipal roads must be performed. (1) 893. 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. Section II. — 0/ Front Roada, §f84. 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 owners 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 or 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. (2) 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 occu« pant of the lot ; and the other front roads are treated as by* roads. (1) See note under art. 793. (2) In Ooupille vs. Tke Corporation of East Chester ^ C. C, Ar- thabaska, 15th May, 1871, PoCette, J., 3 K.L., p. 3, It was held that the owner of land is personally responsible Cor damages occasioned by the bad state of his front road. See note under art. 774. OH. III. iMfms (fp miAwnro a mooftB-ffeRBAL. H^ In default of sooh declaration, the proprietor or oeonpant is only liable for work upon the road in nearest proximity to his residence. (1) Section III. — Of By-road»m 8S6. The work of keeping by-roads, leading from one range to another, in repair is performed by the proprietors or oo- onpants of the taxable property in the range to whieh such by-roads lead from any older range. (2) 827. Repairs to be done on sach by-roads are not perform- ed by the labor of the parties bound to maintain the same, but by contribution, in money levied 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 ar- ticle 821, and approved by resolution of the council. 888. {At amended by S, of Q. of 1878, 41 Viet., ch. 18, «. 31.) Such work, every year, is publicly given out by the in- spector 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, in- clusively ; and in the month of April, for the period inelnded between the first day of May and the thirty-first day of Octo- ber inclusively, who offers satisfactory security for the execu- tion 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. (1) In The Corporation of St. Rotte vs. Dubois, C. C, Monfr^al, 90th September, 1881. Johnson, J , 4 L.|N , p. 334, it was held that where a person, who already has a flront road on bis farm, ▼oluntariiy opens another road on the same farm, which he obliges himself to mnintain, his successor will be obliged to the maintenance thereof, even if the lE^eement with the corporation has never been registered; that such a road falls within the pro- visions of art. 397, M. G. (2) In Dubois vs. The Corporation of St. Croix, C. C, Quebec. 27th March, 1878, Meredith, C. J., 1 6. L. R , p. 313, it was held that a local municipality is bound to kPep in repair a road situa- ted within its limits, leading from one range in the said munici- pality to another range in another municipality; that if such mnnicipality do'>8 not keep in repair such a road it is sabject to the penalty enacted by art. 793. ■M 220 MUNICIPAL CODE. BK. II. TIT. I. The public notice required by the foregoing paragraphs may be either in writing or verbally, and will apply in the case of by-roads regulated by proc^s-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. 830. The work on any other by-road is done at the ex- pense of the corporation of the municipality. !! 1 i. ;. I i I ' 1 ■ 1 CHAPTER FOURTH. OF WINTER ROADS. Section I. — General Pravisiont. 881* Winter roads are laid out and kept in repair in ac- cordance with the rules contained in this chapter. 8S2* Winter roads are laid out before the first day of December in each year, in the places fixed by the road in- spector 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 and by-roads by the road inspector of the division. 838. The council of every corporation, under the control of which any road whatsoever falls, may, by resolution, order that such road be during the winter laid out and kept in repair as a double road, one track thereof to be for vohi- cles 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 preceding provision, a double track of twenty-five feet in length, at distances not more than four acres f^om one another, must be made and maintained on every municipal winter road. II CH. IT. WINTER ROADS. 221 graphs in th6 ferries )f such the ex- r in ao- day of 'oad in- B orders )reon. spruce, fixed on tot more if the must be able for ector of control lolution, Md kept 'or vohi- vehicles receding »ngth, at must be d. 984. Eveiy person placing balizes on a summer road after the road which must be substituted therefor in winter has been laid out beyond the limits of such road, or displacing balizes already placed, incurs a penalty not exceeding eight dollars. 835. (Ag amended hy S. of Q. of 1871, 35 Vict.y c. 8, ». 11, and aa amended hy S. of Q. of 1882, 45 Vict., ch. 35, ». 28.) No winter road, if there is a single track, must be less than seven feet in width, between the two rows of balizes. If it is a double road, each track must be at least five feet in width. 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. (1) 836. {At amended hy S. of Q. of 1872, 36 Vict., c. 21, ». 27, and hy S. of Q. of 1875, 39 Vict., ch. 29, ». 12.) Every owner or occupant or land, situated upon any front road, and all the persons interested in by-roads must, unless it is other- wise provided for by the local council, in virtue of article 541, or unless he has been exempted from doing so by the road in- spector 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 those along the road, to a distance of twenty-five feet, levelled to within twenty-four inches of the ground. This provision 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 the limits of a village, whether the same be or be not con- stituted into a separate municipality. Nevertheless the owners or occupants of land, who main- tain the fences along any front rofld| not being that on which (1) lu I'he Corporation qf St. Christophe qf Arthabnska and Beatidette, Q. B. C, Quebec^ 6th DeceniWr, 1879, DorUm, C J., Mmik, tiamsay, Tessier and Cross, J.J., 5 Q. L. R., p. 316, it was held that a municipality is resporsible for damages caused by neglect of the provisions of tliis ai*ticle, tlat no wiitter road must be less than seven feet in width between the two rows of balizes. In The Corporation qf St Christophe of Arthabaska, and lieatir- dry, Q. B. C, Dorion, C J., Monk, Ramsay, Tessier, and Cro»$t JJ., 10 R. L., p. 591, the same thing has been held. ,.'! I 1: I- I ? V i: I Jli li^ 022 MVNIOfPlkti OODB. BK. n. TIT. III. they are obliged to work, shall pay to the person bound to maintain such road, the oxoeRS of work occasioned by the faet that, as such fences cannot be taken down, the person liable for the work on saoh road has additional labor. 837* Every council may, by resolution, give such orders as it deems proper, respecting the maintenance of winter roads, which are under its control. These orders are binding upon the officers of the council, and upon all parties inter- ested in the work upon the road to which they relate. 838. Winter roads, laid out on the same lines as the sum- mer roads, are at the expense of the same persons or corpora- tions as in summer. 839. 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 winter as a pas- sage to any other public road, the work of maintaining such by-road or the road which is substituted therefor, is not, during the winter, at the costs and charges of such owner or occupant, but is performed in the same manner as that of any other by-road. Srction II. — 0/ winter roads which replcuse Municipal Sum- mer Road*, 840. {An substituted by S. of Q. of 1878, 41 Vet., cA. 18, «.' 32). Winter roads on land may be laid out beyond their lines in summer, 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, pro- vided the council and the proprietor come to an understand- ing thereon ; if they do not, the council shall have the dam- age assessed by the municipal valuators, the council reserv- ing, 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 within quick set hedges, or fences which cannot be taken down or replaced without incurring heavy expenses, unless the consent of the proprietor or occupant be obtained. The municipal council may make by-laws for the purpose of allowing the opening of winter roads, across all fields or through all wooda» for haaliog logs, square timber or cord OH. IV. WINTERS ROADS. 223 md to le fftot liable orders winter linding I inter- le sum- orpora- or pay- wner or 1,8 a pas- ng 8Uoh is not, wner or that of hi Sum- nd their land in shall be ity, pro- erstand- ;he dam- l resenr- rested in ed. gardens, uick set replaced nt of the I purpose fields or or cord wood, provided it be done without causing damage, and subject to the restrictions contained in this article. 841. Winter roads, which are substituted for municipal 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 830. Skctiok in. —0/ Winter Roads on Rtverg. 843* The corporation of every local municipality, situated on the banks of a river or 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 connecting the two municipalities, any road demanded by the council of one of such municipalities. 842a. {Added by S. of Q. of 1878, 41 Vict.., ch. 18, «. 33.) The corporation of every local municipality situated on the river St. Lawrence, is bound to lay out and maintain, during the winter, within its limits and over half of the piece of water, separating such municipality or a portion thereof from another, or from a city or town municipality, for the purpose of connecting such local municipality with another local municipality, 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 oouiicil of one of such local municipalities, or by one of such city or town municipalities ; and on the refusal 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 corporation in default which is responsible therefore. 843. On the refusal or neglect of the council of the neighboring municipality, the road may be laid out, made, and maintained by the corporation demanding the same, at the expense of the corporation in default, which is respon- sible therefor. 844* Any road laid out and maintained upon the ice, under article 842, may be continued at the expense of the corporation liable for such road work, across any field or !:•# 224 MUNICIPAL CODE. BK. II. TIT. III. n I §>,M i ;iii •HI' 1 ■ 1 1 i / i - land in standing timber, oxcept through orchards, yards and grounds enclosed by a wall or hed^e, to connect the road on the river or other piece of water with any other public road in the vicinity. 84 "5. Such roals are laid out as soon as the ice is suffi- ciently strong, under the direction of the inspectors of roads or other special officers of the two councils interested. 846. Expenses incurred in laying out and maintaining any winter road upon the river St. Lawrence, the Ottawa river, the river Milles Isles, the Chambly river, and the river dea Prairies, by the corporations of the country or village municipalities, situated on the banks of such rivers, are repaid them by the corporation of the county municipality, upon presentation of a statement 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. 847. (At amended hy S. of Q. of 1878, 41 Vict., ch. 18, h, 31.) The corporation of any tow i or city municipality, situated on the banks of the river St. Lawrence, is bound to reimburse the expenditure incurred in laying out and main- taining every winter road which terminates within a radius of two miles from the limits of such municipality, upon the river, to the corporation of the neighboring local munici- pality, on the same side which has incurred them. And if such road pass through a local municipality, and is mide for the purpose of connecting two tow i or city m mici- palities, 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 which such road passes, the expenditure incurred in laying out and maintaining the whole of such winter road, eich paying a share in proportion to the respective amount of the valuation of the property, as establishod by the valu- ation roll of each municipality. 847a. (Added htf S. of Q. of 1872, .36 Vict., ch. 21, h. 28.) The corporation of the municipality of the county of M aski- nong4 is solely responsible for damage resulting from the improper maintenance of the winter roads, on the river St. Lawrence, by the country and village municipalities included in such county municipality. OR. lY. ICTJKIOHPAL BBIDOE. 225 Is and ad oa B road I suffi- ; roads aining Ottawa e river village rs, are pality, ertifled loiincil, rse\ by llowing I. 18, 1. ipality, auid to main- , radius pon the m'anici- and is ra mici- wrence, es, thus 30, shall ipality, nourred er road, amount le valu- /.. 28.) f Maski- rom the iver St. included 84ti. The provisions of articles 842, 843, 844, 845, 846, and 847 do not apply to roads on rivers or other pieces of water,. whioh are substituted for summer roads. 849. Corporations are not responsible for accidents or damages occasioned by the breaking of the ice, on roads laid out and maintained by them, on rivers or other pieces of water. TITLE FOUKTH. OF MUNICIPAL BRIDGES. 850» All 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 com- panies, or by the imperial, federal, or provincial govern- ments, are under the control of municipal corporations, and are made and maintained in accordance with the provisions of this title. 851. 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 muni- cipalities, which form part of the two county municipalities, it is the bridge of the two county municipalities. 852. 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 governed as such, until otherwise provided under the authority of this Code. 853. Every municipal bridge must have hand-rails r other sufficient protection ; it must be at least fourteen feet in breadth between such hand-rails, and must be constructed of materials fastened or bound together in such a manner as to prevent all accidents. 854. Every municipal bridge must be kept in good order in the manner required by law, and by the by-laws or j)rocis- verbaux concerning it. (1) (1) Sea note under art. 868. 226 MUNICIPAL CODE. BK. II. TIT. Tl . *■!! 855* A by-law or a prods-verbal to regulate the work of constructing, improving or maintaining any municipal bridge may be drawn up, ia the manner prescribed 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 bv-luw or resolution in relation to any bridge, in virtue of articles 526 or 527. All the provisions of the second chapter of the preceding title, respecting the manner of drawing up, amending or repealing a proc^8-vcrbal of a road, and the act of apportion- ment relating thereto, apply to procis-verbaux to be drawn up, or already drawn up, respecting municipal bridges, in so far as they are consistent with the provisions of this title and the nature of the work to be performed upon such 1[)ridges. S56. In the absence of proc^n-verbaux or of by-laws respecting them, the work of constructing, improving or maintaining bridges situated on a front road, is performed 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 contract, 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. 857* 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 reterencc to bridges. , 858. Articles 757, 768, 759, 760, 761, 762, 769, 780, 781, 782, 785, 786, 787, 789, 790, 791 and 793 apply also mutatia mutandis to municipal bridges. (1) (1) In iiig%ikre vs. The Corporation of Cherfsey, C. C. JoHette, 15th January, lt<74, Olivier, J , 5 R. L., p, 285, h was held that according to art. 793, M. C, a municipal corporatioii is amenable to a fine for neglect to keep the roatls and bridges in the state required by law, and this obligation is not lii itfd to the cases especially provided for by by-law, according to art. 535. See the same note reported under art. 793. CH. IV. MUNICIPAL BRIDGES. 22T work of .1 bridge icle 794, in such fter the ridge, in receding iding or )portion- t)e drawn jes, in so this title )on such by-laws oviug or formed at e taxable •ont road, is at the ds. [ges is in manner le repairs articles Dd by the they are ouncil of erence to 780, 781, so mutatis . Joliette, held that amenable 1 the state o the casea 5. 839. Any person driving any vehicle faster than a walk, over any bridge exceeding twenty feet in length, unless such bridge is wholly constructed of stone, brick or earth ; or out- ting, defacing or injuring any part of any bridge, or of the posts, or of any other object forming part of a bridge or be- longing thereto, incurs a penalty of not less than two nor more than twenty dollars, in addition to the damages caused. TITLE FIFTH. OF FERRIES. . H60. All ferries on any river, or other piece of water, are under the control of the corporation of the local municipality, within the limits of which is situated such river or piece of water. 861. If a river, stream or other piece of water separates one local municipality from another, the ferry is under the joint control of the corporations of the two local municipali- ties adjoining such river, stream or piece of water. 862. 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 limits assigned by his license, incurs a pena'ty not exceeding four dollars for each person or thing ferried over by him. 86.^. In the case of article 861 the license is given by the councils of the two municipalities interested, in conformity with the by-laws in force for that end, or, if such councils do not agree, by the lieutenant-governor, in conformity with the by-laws made under articles 549 and 550, and approved by him. 864. The moneys arising from any license granted by the lieutenant-governor belong in equal shares to the corporations of the two municipalities interested. In The Corporation of Tin tf wick and The Grnrift Trunk Rait- way Compan,}/, Q. B. C, Quebec, 8th March, 1877, Monk, Ita^nxay, Sanborn and Tessier^ J J., 3 Q. L. It., p. Ill, It was held that a munipal corporation can r«»cover from a railway company the damage)! cau^ted to a municipal bridge by the workd of said company, including co3ts of building the bridge, 1^ 228 MUNICIPAL CODE. BK. IV. TIT. IT. 865* Neither the local council nor the lieutenant-goTemor can grant any license to keep a ferry within the limits, for which an exclusive privilege has been conferred by any law on the proprietor of a toll bridge. 866. Ferries between the parish of Notre Dame de la Victoire and the city of Quebec, between the parish of Lon- gueuil and the city of Montreal, between Montreal and La- prairie, and between Lachine and Caughnawaga, are not governed according to the provisions of this code. I !t m TITLE SIXTH. . . . . • - . ■ . . ,.. .. ., ON MUNICIPAL WATER-COURSES* 867. All water-courses draining several pieces of (and; with the exception of boundary ditches, which drain only the two properties between which they are situated, and of road ditches, are 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 muni- cipal water-course within the meaning of the provisions of this title. A river or natural water-course, which is only floatable at certain periods of the year or after rains, does not cease to be a municipal water-course. (I) I » I f ■ (1) In Starves Rnd Molson, Q. B. C, Afontreal, 1886, Doriorij C. J., Monk, Tessiet , Cross and Baby, ,J.J., 20 L.C. J., p. 278, it was held that the proprietor of a farm, situated on a navigable river, has no right of servitude for free access to such river. In Bourque vs. Farwell et al., S. C. R., A/«i*/reo/, 29th Decem- ber, ISll, Berthelet, Mackay and Beaudry, J. J., 3 R. L.,i). 700, it was held that a riparian proprietor lias not the rij^ht to obstruct a navigable river ; that a river which is only navigable at certain periods of the year, is subject to the geuerbl laws, concerning navigable rivers. In Proulx vs. Tremblay, S. C. R., 7 Q. L. R., p. 353, and 5 L. N., p. 135. it was held that the proprietor of a flour mill which ia moved by the waters of a non-naviffable river, has a right of action for damages resulting from the recent construction of a dam for another 0our>|Dill higher up the river. OH. lY. MUNIOTPAL WATER-COURSE. 229 for law (/ 860. Municipal water-courses are either local water-courses or county water-couraes. In Breakey vs. Carter, S. C, Quebec, Ist September, 1881. Ccu- aultf J., 7 Q. L. B., p. 286, it was held that a statute, whicn per- mits the erection of dams in a waterHJOurse, creates a legal senri- tudeon lands over which the water is thi own by these dams, that the prescription of two years does not apply to an acti< n for in- demnity in respect thereof ; that such action must be brought before the ordinary courts, that the expertise mentioned in the statute can only be had by consent of ooth parties, and has no judicial authority, and thac the person who has constructed the dam is not discharged from liability by the subsequent sale of the mill and dams. In Stein vs. Seath, 1 R. C, p. 482, it was held that no person can obstruct a navigable river with impunity. In Dunning et al. and Girouard,Q. B. C, Montreal, 16th March* 1%7S, Dorion, C.J. , Monk, Jiamsay, Sanborn and Tettsier, J.J.,d B. L. , p. 177, it was held that no one has a right to moor a raft in the St. Lawrence opposite a riparian owner's residence, and leave it there so moored for more than two months against the proprietor's wit»h, such a proceeding being unnecesHary for any purpose of navigation, atd causing special damage to such riparian proprietor. In Jean vs. Gauthier, S. C. R., Quebec, Feb. 28th, 1871, Stvurt, Casauli and Cat on, J. J., 5 Q. L. K., 138, it was held that the Statute of Canada, 19-20 Vict , ch. 104, permitting riparian proprietors to use for industri 1 purposes the watercourses pas- sing over their property, and construct mills and dams thereon, imposes a legal servitude upon adjoining properties, over which the waters are thrown by such daiLS, that the adjoining proprie- tors have simply a right to compensation, and can only demand the demolition of sucndamii. etc., in case of default in payment of such compensation, that the use of the water-course under the Statute being neither a tort nor a tortiousactj the claim for com- pensation is not barred by two yeais prescription ; and that as there is no community between tHe owners of the different erec- tions which cause the damages, each ot them is liable only for that part of the damage which his^'rections ha\ e caused ; finally that the new and spec-al mode of fixing the compensations pro- vided by the statute does not do away with the common law re- medies which can only be abrogated by express enactment. In Frechette and La Compiignie Manv/acturiire rvitude, as it existed before his own alterations, had been changed or interfered with by the other owners. ,1 srI 1 ■ ^1 1 ;■ i 230 MUNICIPAL CODE. BK. II. TIT. YI. Water-courses situated wholly in one local municipality are local water-courses. In Blais vs. Auger and Auger vs. LarochtUe {engarant'ie), S.C , Arlhabanka, iBt September, 1869, Polette, J., 3 K. L., p. 272, it was held that under the Consolidated Statutes of Lower Canada, ch. 57f an owner may lawfully utilize a stream passing through hU property and construct mills with dams, and may sell the same to another party, who has a like right ; that if these dams have caused damage to a neighboring owner, the dam- ages should he ascertained by experts named by the pa. tie.4, or, if either party refuses to appoint an expert, by a municipal expert appointed by the prefect of the county, such experts having power to appraise the damages and lix the compensation in whole or in part ; that after this is done, if the compMiisa'ion is not paid within six months after the experts' report with interest, the neighboritig proprietor has then the right to sue and recover the compensation and obtain the demolition of the dam; that the neighboring proprie or has no action against the owner of the dams to ascertain Mhat damages, if any, he has sutt'ered, the act prescribing another mode of proceeding, and that he can on y demand the demolition of the dam after m right to dam- ages, and the amount thereof has been ascertained by experts and after default in payment within the»trurtion of dams in a water-course can be recovered in the ordin:irv way, without recourse to the expertise mentioned in Consolidated Statutes, Lower Canada, ch. 51. In Maguire\%. Donovan,^. Q., ^uehtc, June 18^4, Meredith^ C. J., 10 Q.L.B-, p. 267, the plaintiiT complaineu that the defend- ant, by making a trench or drain had chaiiKed tlie course of a rivulet or stream, passing through his property, so as to causie it to pass through the land of tlie plaintitf , where it never passed before, to the serious injury of the p aintiif. Held that such di- version of the water-course con.'^tituted an illegal servitude on the plaintiff's property. In Foutnier and Hall, (^ B. C, Quebec, 7th February, 1885, Doriow, C.J. Ramsay, Tesster, Cross and Baby, JJ., 11 Q.L.R., p. 15, it was held that no action en complamte or neqafoire lies in the case of the natural flowing of waters, even iLcreased as to the volume by the culture of a higher land. In Demers tkxuXGermain, Quebec, Hh May, 1886, Q. B.C., Dorion, C.J., Bamsay, Tessier, Cross and Baby.JJ., 14 R.L., p. 369, it was held that the owner of a property, bordering on a running water not part of the public domain, may utilize the water by construct- ing thereon a uim of suflicient height to turn his mill, that the owner of a mill higher up the stream, who is injured by the back flow caused by this construction, is only entitled lo compen- sation, and can only require the demolition ther.of in default of payment of compeuisatiou. CH. IV. MUNICIPAL WATER-OOURSEB. 231 Those which divide two local municipalities) or which pass through more than one local municipality, are county water- courses. If a water-course divides or passes through local municipalities forming part of several county municipalities, it is the water-course of all such county municipalities. 870. The work of constructing, improving or maintaining any municipal water-course is performed by the persons inter- ested, who are liable therefor under any by-law, procia-verhal or act of agreement, or under the following article, or by the corporation, if a by-law has been passed in virtue of article 475. (1) 871. In the absence of a by-law, of an act of agreement, or of a proc^9-verbal, the work on a municipal water-course is performed by the owner or occupant of each piece of land through which such water-course passes. If a water-course passes between two pieces of land it is at the joint cost of the owners or occupants of the same. Nevertheless, in the case of article 882, and in the absence of a by-law, act of agreement, or prods-verbal, the work is at the cost of the owners or occupants of the low and swampy lands drained by the water-course. In The Corporation of Ste. Anne du Bout de VIsle and Rebum^ Q.B.C., Afo?iDE. BE. II. TIT. VI. 878* Work upon municipal water-courses is performed in the manner laid down by the provisions of this Code and by the acts of agreement, procis-verbaux or by-laws, as the case may be, which regulate such water-courses. 873. (J» amended by S. of Q. of 1875, 39 Vict., ch. 29, «. 14.) All the work ordered to be done on any county or local municipal water course is performed under the superin- tendence and control of the rural inspector of the division through which such water-course flows^ or of a special officer appointed for that purpose by the council or board of dele- gates, who have the control of such water-course. Such special officer is invested with the same powers, sub- ject to the same obligations and liable to the same penalties, in relation to the water-course for which he has been appoint- ed as the rural inspector. If such special officer is selected from among the persona 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. 874. The work of opening a municipal water-course cannot, however, be superintended by a rural inspector, who is personally interested in the worV( to be performed on such water-course. 875. Municipal water-courses must be kept in good order and free from all obstructions, which prevent or impede tue water from flowing, for the whole period between the first day of June and the thirty-first day of October following. 876. The rural inspector of every rural division must, between the first and fifteenth days of the month of June in each year, and thereafter until the month of November following, whenever required so to do by the council, or by the board of delegates or by any person interested, visit and examine the water-coui ses under his superintendence, and provide that the necessary work, for the maintenance of the same, be executed without delay, in conformity with the provisions of the law, and of the proces-verbaux, acts of agreement or by-laws, which prescribe such work. 877. {As amended by S. ofQ, of 1878, 41-42 Vict., ch. 10, ». 31.) No person is bound to perform work upon any munici- pal water-course, between the first day of November in each year, and the thirty-first day of the month of May foUowingi ! 4 OB. IV. MUNICIPAL WATER-COURSES. 233 mod in and by bo case . 29, 8. inty or iiperiQ- iivision . officer f dele- rs, sub- aaities, ppoint- persons course, loss of by the •-course or, who on such d order ede tue irst day must, June vember or by sit and ce, and of the ith the acts of h. 10, 9. uunicl- in each lowing, both days inolnsive, except when such water-coarse is obstructed by snow or ice, or otherwise, and on the order of the inspector. 878. {As amended by S. of Q. of 1878, 41 Vict., ch. 18, #. 35. Articles 757, 758, 759, 760, 761, 762, 780, 781, 782, 786, 787, 789, 790 and 791, respecting 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 regulated by act of agreement. Works of improvement or maintenance on every municipal water-course of the same nature as those above mentioned, can be regulated by prods-verbal or by by-law, and made by the owners of lands drained either by such river or natural water-course, or its tributaries. 879. Whoever obstructs any municipal water-course, or allows it to be obstructed in any manner, incurs, over and above the damage occasioned, a penalty not exceeding one dollar for every day such obstruction remains, at the expira- tion of two days, from verbal or written notice given by or on behalf of any person interested, having for object the removal of such obstruction. 880. 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 bound to make or to assist in making through his own land, a water-course of any depth greater than that which is necessary for draining such land. 882. The owner or occupant of any low and swampy land may make a water-course through any neighboring land, or avail himself or those which are already made, deepen the same if they are not deep enough, and repair and keep them in order, in so far as necessary for the drainage of such low and swampy land. The work to be done on such water-courses may be regula- ted by by-laws, proems -verbaux or by act of agreement. 883. The rural inspector of the division may authorize the opening of any trench or excavation in any public road, to enable a water-course to pass through the same. 234 MUNICIPAL OODE. BK II. TIT. VI. I Such trench or excavation must be indicated, both by day and night, in such a manner as to prevent all aceident, under a penalty for the damages occasioned. Within the forty-eight hours next, after the commence- ment of the work upon the road, a suitable and solid bridge of the width of the road must be built over such water-course. This bridge continues to form part of the work of the water- course. 884. (^Aa amended by S. of Q., 1875, 39 Vict., ch. 29, ». 15.) Any municipal council, by resolution to that effect, or on the petition of one or more persons interested in the op- ening, 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 water-course be regulated and determined, or asking that the same be closed, must without delay : Ist, call together at one of 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 work 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 up a proc^s- verhal, if there is occasion to do so, within the thirty days next after his appointment, or within the delays fixed by the council. (1) 885. All the provisions of the second chapter of the third title of this book, respecting the manner of making, amending or repealing s,ny proc^s-verbal of a road and the act of appor- tionment connected therewith, apply to proc^a-verbnux, to be made or already made respecting municipal^ water-cour- ses, in so far as such provisions are consistent with those of In Bebum vs. The Corporation of St. Anne du Bout de I* Isle, S. C, Montreal, 31st December, 1881, PapmeaM J., 11 R. L., p. 133, and affirmed by theQ. B. C, 1 M. L. R., p. 200, it was held that the council had acted illegally in makiu2 a proces-verbal, by which the water was conducted on to property lower down the stream, where it would not have gone if it bad not been so con- ducted ; the result being to impose a servitude on the property on which it was caused to How, which obliged the owner to spend labor and money in draining. ( ■: 1 ClI. IV. MUNICIPAL WATER-COURSES. 235 y day under aence- bridge iourse. wator- 29, 8. ect, or he op- of any asking ;ulated , must igs, by 3Jected il is of by-law water- t, with ition or ty days by the e third lending appor- erbnux, r-cour- lose of e Vlsle^ , p. 133, Id that bal, by )wn the so con- roper ty io spend this title and with the nature of the work to be performed upon the water-courses. (1) 886. The waters of any municipal water-course may be turned into any other municipal-course, if it is so ordered by a prods-verbal or by-law, 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 water-course, may be made liable for the work on such water-course, in virtue of a proci/i-verhal, or of a by-law made under article 884, for and by reason of the extent of his land so drained, in the proportion established by the special superin- tendent, the council or the board of delegates, as the case may be ; 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. (2) 888. The persons interested in any municipal water-course> whether the same is governed by a by-law, by a proc^n-verbal, or in virtue of article 871, may, by an act of agreement ap- proved by the council or the board of delegates, who have the control of such water-course, determine the work to be done thereon, the manner in which it shall be done, and what per- sons among themselves shall do the same. 889. The act of agreement takes de Jure the place of the prods-verbal or of the by-law which regulates such water- course, if there is one, and is obligatory upon a^ who became parties to the same, and upon their representatives, until it is repealed by the council or the board of delegates, or by (1) Tn Berard dit Lfpine et al . and The Corporation of the County of BerthierH al., Q. B.C.. A/on/rert/,27thMay, 1885, Dorion. C.J., Afonk. Tcssier^ Cross*, and Baby, J. J., 29 L. C. J., p. 222, it was he d that a/)roc^.s-vcr6rt/,obliging aproprietor to work on a water- course which is the continuation of a natural water course, will not be annulled as to his property, although it is proved that such property could have bpen drained l>y the natural water- course if it is proved that by his works he has brought into the water-course waters which did not flow into same naturally. (2) In Th£ Corporation of the County of /ierthier and Ou^vre- ntontyQ. B. C. Montreal) 27ih'MAj, 1885, />ono?», C. J., Afonk. Teagier Cross and Boby, J.J , 29 L.' C. J., p. 223, it was held that the owner or tenant of a farm can only be subjected to the con- struction of a water course, in virtue of a procis-verbal in pro- portion to the extent of his farm. 1 ■ , 1 !■ !' ; ) 236 MUKIOIPAL CODE. BK. II. TIT. YII. consent of all the parties thereto, or their representatives, or until it is replaced by a subsequent proc^^-vurbal or by-law, under the same penalties as if the water-course was regulated by a procit-verbal. 890. A copy of every act of agreement must be deposited in the office of the council of every local municipality in which is situated, either in whole or in part, the water-course regulated by such act. HOI. Any person may ube any municipal water-course, as well as the banks thereof, for the conveyance of all kinds of timber or wood, and for the passage of all boats, ferry-boats and canoes, subject always to the charge of repairing, without delay, 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 municipal cor- porations, the execution of which is not specially regulated by the provisions of this code, are made, at the expense of the corporation which orders them, by contract awarded and passed according to the rules laid down in this title. (1) « 893. On resolution of the council to that effect, public no- tice is given, specifying summarily, the works to be made, the details prescribed by the council, and the time daring which tenders therefor may be sent in. 894. The contract for such works must be awarded by re- solution of the council. (I) In Foumier dit PrSfontaine vs. The Corporation of f\e County of Chamhly, 8. C.', Montreal, SOth September, ^' >r- rance. J. , 14 L. G. J. , p. 295, it was h»ld that where a mun cor- poration by by-liw appointed a committee to acquirt .d and contract for the construction thereon < f a court houBi oj^istry ofnce and fire proof vault, such committee exceeded its power in contracting for the construction of a public hall, court hou e, registry office and fire-proof vault, even though the cost stipu- lated by the by-law was not exceeded, and that no action would lie against the corporation on such contract, the corporation .having notified the contractor that they would not be responsi- bie for any work done under jihe ooma^ct. See note under art. 793. OH. IT. OTHER PUBLIO WORKS, 237 ives, or by-law, gulated jposited ality in r-course arse, as cinds of ry-boats without , and to Btcise of )NS. ipal cor- igulated ^ense of ded and (1) iblic no- e made, e during d by re- «i 1 of f\e tr- cor- id and , registr; power n rthou ', St stipu- on would rporation leeponsi- S95* The contract ifl made in the name of the corporation and accepted by the head of the council, or by a person spe- cially authorized for that purpose by the council. (I) 896. The person to whom such work is adjudged must give security to the satisfaction of the council for the due perform- ance of such work, and for the payment of all damages, costs and interest, in the event of his not fulfilling the contract. 897* Whenever work is under the direction of the county delegates the notice is published, and the contract awarded and entered into, accoraing to instructions from the board of delegates, by the council of the county municipality which originally proposed the work in question. 898. The contract is binding on every municipal corpor- ation interested in the work to which it relates. 899. 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. 900* The other municipal corporations, interested in the work to which such contract relates, may bring a similar action, but only after having given the council which entered into the contract a special notice of fifteen days, requiring such council to institute such action. 901. The council or the board of delegates, under whose direction such contract is performed, may order any road in- spector of the division, in which such work is being done, to superintend its execution. (1) In St, James vs. The Corporation of St. Oabriel, S. C, Montreal^ 20th April, 1881, Chagnon, J., 12 R. L., p. 16, it was held that where, by resolution of Council, a municipal corpor- ation agreed to grant a contract to a certain firm which had ten- dered for it, and a change in the firm's name was subsequently made, such corporations not bound by the resolution. r* ■:■ \ ^ TITLE EIGHTH. I'l'i > f i! ' ? SXPBOPRIATION FOR MUNICIPAL PURPOSES. 002. Every municipal council may, in complying with th® provisions of thiit title, appropriate any lane required for the : execution of works ordered by any by-law, proch-verbal ov '. other re8olui.ion within the scope of its jurisdiction. (1) 90d. The corporation becomes the proprietor of such land; and may take possession thereof, without any other formality, - from the moment that the decision of the valuators, who fixed or refused an indemnity, has become final and without ap' . peal. (2) (1) In Judahtind The Corporation of Montreal ^ S. C. R., Mont- real. 2l8t June, 1872, 2 B.C., p. 470, it was held that corporations, when using the right conferred upon them in matters of expro- priation, tire bound to act with proper diligence, and con- sequently they are responsible for damages c.used to the proprie- tor exnropriated by delays which were not necessary. In The Corporation of Townships of Nelson and ZemienXf Q. B. C, Quebec^ 16th September, 18*6, Iknion, C. J., Monk, nnmsaitt Sanborn and Tessier^ J. J., 2 Q. L. R., p. 225, it wab held that the formalities prescribed by the statute for the opening of a road, and the expropriation of property of individuals must be rigorously followed, and are d. peine de nullity, that a municipa- lity failing to observe such lormalities will be compelled io restore the land expropriated and to pay damages, notwithstand- ing that the neglected formalitiej have been observed since action brought ; that the right of a corporation to enter upcm expropriates property depends upon the valuation. In The Corporation of the County of Dorchester and Collet ^ Q. B. 0., Qnehec, 8th Feb^-'.iary. 1884, ilfo»ii', J?ojw.3,'it was held that a municipal corporation had not the right to expropriate the whole of the proprietor's land without having fir^t appointed persons tovaiue it ; and that, if the land was expropriated for the pur- poses indicated, that the owner had a right to be indemnified according tu the value of tlie land taxen, iiotivithstanding the provisions of art. 906, M. C. (2) In Holton and Callaghan, Q. B. r., <^fdee, 7th December, 1876. Dorion, C. J., Monk, Ramsay and Sahboi'n, J. J.. 9 li. 1*., p. 665, it was held that a municipal council cannot appropriate a piece of land for the purpose if makine a road, until it lias pro- ceeded to the valuation of the land in the manner pre^cribca by this article. OH. IV. EXPROPRIATION FOtt MUKIOIPAL PURPOSES. 23$ ith tli« for the rbal ov CD h landy [nality» o fixed ut ap' , Mont- ratione, ' ex pro- id con- [>roprie- emieHrCf Monky T&b held ing of » nust be iiiiclpa- 11«>d to LBtand- i Biiiee )r upcHi Collet y TessieTf d that a e whole Eersons e pur- nnmtied landing member. L.,p. B>riate a las pro- ibi'd by ' 904. (An amended by S. of Q. of 1882, 45 Vict., ch» 35, «. 29.) No council of a county or rural manicipality can, with- out the consent in writing of a proprietor ; 1. Demolish or injure any house, barn, mill, or other build- ing; 2. Cause a public road to be made through any farm-yard» or any garden enclosed by a wall, hedge, board, or standing picket-fence ; nor through any orchard or maple grove, situ- ated within a radius of four hundred feet of the house in- habited by the occupant of such orchard or grove ; nor through any wood-yard, pleasure-ground or other improved and enclosed land, being contiguous to and forming the de- pendence of a country-house or residence. 905. No municipal council can, without the consent in writing of the owner, in any manner injure any canal, or the- dam of any mill or minufactory, nor divert the course of the water which feeds such canal, mill or manufactory, nor cause a public road to pass through property mentioned in any of the first four paragraphs of article 712. In Diinran et al. vs. The Corporation of Rochelaga, S. C, Mon- trfal, 30th June, 1881, Papineau, J., 12 R. L., p. 35, it was held that article 407 of the Civil Code dops not empower a municipal corporation to expropriate the property of individuals for public purposes, without first determining a just and equitable indem- nity. In Dtifon and The Corporation of St. Joseph, Q. B. C, Quebec, 20th March, 1873, Duval, C. J., Dritmrnonfl, Badql^y and Monk, J. J,, 17 L. C. J., p. 193, it was held that in an action en reinte- grande when damages are demanded, the notice of one month re- quired by 22 C. C. P., Is not necessary; that a municipal corpor- alion is responsible for the acts of its officers if it nas ordered them or if it has attempted to justify them. In HMSkXiiX Thf Corporation of Levis, Q.B. C, Quebec, Ith December, 1871, Duval, C. J., Camn, Badffley, Drummond and Monk, J. J., 3 it. L., p ^389, it was held that a possessory action will lie against a municipality wli*»re the latter seeks by proces- verbal to re-open a road through a pr vate property, if it appear that the occupant has been in pe(kceable possession for a year and a day, and although the plaintilT in such action pray only for damages, it is nevertheless a possessoi-y action, that although such proprietor has enclosed with his own land a public road, if he have had undisturbed possession of it for a year and a day, his possession is sufficient to bring the possessory action agains't the municipality, notwithstanding that the object of the road has never been changed. 240 MtJNIOIPAL CODE. BK. II. TIT. THI. It i- 906. No indemnity must be allowed fbr the land reofuired for the first front road upon a lot, nor for the land reserved for a public road in the grant or concession of a lot. (1) Nor is any indemnity to be allowed by way of prix d^cffec- Hon. 007* In the valuation of any land taken for a public road, the value of the road which has been done away with, which falls to the expropriated proprietor under article 753, and the special advantages which such proprietor derives from the new road as laid out, must be estimated and go in deduction of the value of such land. If the land is taken for any other public work, the advan- tages which the proprietor derives f*'om such work are also estimated and go in deduction of tht; value of such land. 908. The indemnity to be paid for any land liable to ex- propriation may be fixed and established by agreement be- tween 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 place ) and it may also be agreed that no indemnity need be accorded to the expropriated pro- prietor. In the absence of an understanding between such parties, the value of the land in question, together with whatever goes in compensation with the value of such land, is esti- mated by the valuators of the local municipality in which such land is situated, and the indemnity is fixed or refused by them. 909. No one can act as valuator under the provisions of this title: 1. Whenever he himself, or his relations either by blood or marriage, to the degree of cousin-german exclusively, are in- terested as expropriated persons ; 2. Whenever he himself will be called upon to pay the in- demnity, which may be granted. (I) The Corporation of the County of Dorchester and Collet . Q.B.C.,Quc6ec, 8th February, 1884, Jl/owifc. liamsay, Teaaier and Cross fd. J., ana Baby, J., dissident, afArming the judgment of the S.C.R., Quebec* 30th June, 1883, 10 Q L.B., p. 63, and 8 L. N.. p. 166, it was hela that a municipal Coi poration has not, in virtue of the reserve of making any number of public roads through any part of a land, in a concession of Grown lands^ made In letters patent* the rieht to expropriate any portion of land of a tenant to open a road, without having first appointed perBons to yalue it. fi'H OH. IT. EXPROPRIATIOK FOR MUNICIPAL PURPOSES. 241 equired eserved 0) d'offec- io road, , which and the ■om the duction I advan- ire also id. 9 to ex- aent be- ggession f which ) agreed ted pro- parties, hatever ifi esti- 1 which 'used by sions of >lood or are in- the in- ColleU «ter and nt of the L. N., p. n virtue through maddln ind of a none to Nevertheless, no valuator can be objected to, on the ground of relationship to any one of the parties who must pay the indemnity in the case where such indemnity may be granted. 910. No objection to the competence of any valuator can be made, after the award fixing 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 ap- pointed to replace them, do not act under the provisions of this title, the local council must replace them by other per- sons capable of discharging such office* These substitutes are invested, with the same powers, sub- ject to the same obligations, and liable to the same penalties as the valuators in office, but they only discharge 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 proceedings at the time and place fixed by the council asking the expropriation, and of which they have given public notice, and also a special notice of at least five days to the parties to be expropri- ated. They may adjourn their investigations and the examination of the parties interested and their witnesses, from day today, until the award is rendered. 913* Such valuators, after having examined and valued the land and heard the parties interested and their witnesses, render their awards, by means of one or more certificates, which are lodged by them in the office of the council demand- ing 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 final 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 following article* or Held :— That the exproprlatod proprietor who hns received the awarded indemnity, for the expropriation of part of his land taken for the widening of a street, has no action In dam- ages, against the Corporation, becautie the said Corporation did not, with diligence, pave and repair th^ street, so as to give an easy access to his property. (C.S., Montreal, 9th July, 1870, Trn^ rancet J., Judah ti. Tf*4 Mayor, ihe Aldermen^ etc., of MonrteaL UJum/, p. 269.) 242 HUNIOIPAL OODE. BK. II. TIT. VIII. I ^ 'I 'I lis v1 HI ^;5 915. Any one aggrieved by any award so rendered may make objection thereto by producing a petition in writing to saoh efifect, at the office of the council, within the thirty days which follow the public notice given under article 913. 016. After ihe production of such petition at the office of the council, on demand of one of the parties interested, three new valuators are appointed as follows: one by the council which demands the expropriation, one by the party who ob- jects to the award, or by the party who maintains the award, if it be the council that object to it, and one by a judge of the Superior Court, the district magistrate, the prothonotaiy, or by the clerk of the Circuit Court for the county or diS' trict. If one of the parties refuse to appoint and to make known his valuator within the two days which follow the demand therefor, which is served upon such party, the valuator is appointed by such judge, district magistrate, prothonotary or clerk. 917. The three new valuators, after having made oath well and faithfully to discharge their duties, proceed with the valuation of the land and of whatever enters into compensa- tion therewith, to the hearing of the parties interested and their witnesses and to the rendering of their award, in the same manner as the previous valuators, save and except the time and place of their deliberations which they fix them- selves. The award rendered, by such valuators, is final and with- out appeal. 918. In every award repLdered by them the valuators must mention the lot of which the land taken forms part, indicate the proprietor of such land, as well as the by-law, prods- verbal, or order of the council in virtue of which such land is taken, and fix the amount of indemnity if they grant any, and if not, state their refusal. 919. The indemnity granted ]• ' the valuators bears inter- est at four per cent, from the day of the entry into possession of such land, and is payable by the Corporation at the expira- tion of the four months which follow such entry into posses- sion. 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 received the indemnity. CB. IT. EXPROPRIATION FOR MUNICIPAL PURPOSES. 243 921. If, before the expiration of the four months, creditors come forward, who claim payment of the indemnity, either in whole or in part, the secretary-treasurer 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 by the magistrate's court for the county or district. 022. If the public work which required the expropriation is at the cost and charge of the rate-payers, in accordance with the provisions of a by-law, of a procis-verbnl, or of the law, the amount of all the indemnities, with interest and costs, must be apportioned, like any oiLer municipal tax, by the secretary-treasurer, upon all the rate-payers, according to the value of the taxable 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. 023. If the council so order, the amount of such indemni- ties is 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 works which require the expropriation are under the direction of the county delegates, the expropria- tion of all lands takes place under the control of the muni- cipal co'^ncil of the county in which such lands are situate, according to the instruction of the board of delegates. ^^ TITLE NINTH. (I m II. I ^ APPEALS TO THE OOUNTY' GOUKCIL* 925. {Ai amended by S. of Q. of 1875, 39 Vict., ch. 29,». 2, o»rf by S. of Q. of 1878, 41-42 Vict., ch. 10, •. 32.) An appeal lies to the. county council, from the passing of any by-law made by the council of any rural municipality, excepting those which merely repeal other by-laws, those which relate to the sale of intoxicating liquors, and those which, before coming into force, must be approved by the municipal elec- tors* The right of appeal can only be exercised within the thirty days which follow the promulgation of the by-law; and no appeal shall lie from a resolution, even when it is passed in the exercise of the powers conferred by article 460. (1) 9S6. {A9 amended by S. of Q. o/1871, 35 Vict., ch. 8, «. 10, byS. of Q. of 1872, 36 Vict., eh. 21, ». 29, by S. of Q. of 1875, 39 Vict., ch. 29, «. 2, and by S. of Q. of 1882, 45 \ict., ch. 35, ft. 30.) An appeal lies to the same council from the homologation of any prods-verbal, made by any council of a rural municipality, within the thirty days following the notice of homologation, given in virtue of article 808, as also from any decision of a council of a rural municipality under article 819, respecting an act of apportionment, within the thirty days which follow such decision. (2) An appeal also lies to the county upon any refusal to homologate a prods-verbal, by the council of a rural munici- pality, and the dismissing by the local council or by its superintendent of any petition, praying for the opening and maintenance of a municipal road, within the thirty days fol- J (1) Held : — TUata writ of prohibition, to prevent a municipal county council from taking cognizance of an appeal from the honioWation of an electoral list, must be directed to the corpo- ration, in its corporation name, and not to the warden and coun- cillors composing the corp!>ration. (Q. B. C. Montreal., 10th Sep- tember.slSto, Caron, J., nrummond, J., Badgley, J., and Monk, J. (disildent), Lindry and Mignault et al., 15 Jurist, p. OS*) (2) See note under art. 1061. r i. 29,«. 2, Ln appeal y by-law Bxcepting ich relate sh, before ipal elec- be thirty ; and no passed in (1) ch, 8) •. of Q. of 45 Vict,, Tom the noil of a ing the as also cipality within fusal to munici- by its ling and ays fol- anicipal :om the e oorpo- id conn- 0th Sep- Monk. OH. IT. APPEALS TO THE OOUNTT OOUNOIL. 245 lowing the refusal of such homologation or the dismissal of saoh petition. (1) 926a. (A9 added by S of V. of 1885, 48 Vict., ch. 28, » 17.) The right of appeal in all cases mentioned in article 926 equally exists when a water-course is in question. 937. {Repealed by S. of V. of 1878, 41-42 Vict., ch. 10, »• 33.) 928* The appeal may be brought before the county ooanoil by any person having an interest therein. 929. The appeal is brought by means of a summary peti- tion, 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 such petition must, within the same delay, be Berved at the office of the local council. 9S0* Every petition in appeal must be taken into conside- ration 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 cases of the follow- ing article : Whenever no ordinary session is to be hell within the thirty days, it is the duty of the secretary-treasurer or of the warden, if they are notified thereof, to summon a special meeting of the council to be held within such delay, to take into consideration such petition in appeal. 931. If the special session convened under the preceding article is not held, through the absence ofaquorVim, the peti- tion in appeal may be taken into consideration at the next general session. 981a. (Added by S. of Q. of 1871, 35 Ttc*., ch. 8, ». 7.) .The county council, however, cannot take the petition in appeal into consideration until after public notice, of vhe day 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, in the local municipality from which the appeal comes. (1) In Contrie vs. The Corporation of the County qf Joliette, S. C,Joliette,\lih. March, 1886, O/mon, J., 9 L. N., p. 154, it was held that there is no appeal to the county council f rom a deci- .sionof alocal)council, r>iiectinga petition praying for the araend- mexit of a prooi»-verbal in force, and that a writ of prohibition lies when theoownty oounoll Msumea ai jufiidictioa Ihatthe law does not confer upon itt ipp 246 HTKrOIPilL CODE. BK. 11. TIT. IX. Rii i i 032. The council, after having heard the petitioners and the members of the local council or the secretary- treasurer thereof, and after having heard the witnesses and examined the documents produced by the parties, confirms, amends or disallows the by-law, />roc^«-t;er6tt/, 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 ' e recovered in the same manner as penalties imposed under the provisions of this code. (1) 033. If the county council neglects or refuses to take into consideration the petition in appeal, within the prescribed delay, or if, after having taken the same into consideration within such delay, it closes the session or adjourns the same •tne die or for any period beyond ten days, without having decided upon the merits of the petition 1 the appeal is quashed, and the by-law, proc^s-verbal, or decision appealed from, is held to be confirmed by the county council. (2) (1) In The Corporation of the County of Yamnska and Durocher, ~ Q. B. C, Montreal t 2l8t January, 1886, Monk. Ramsay ^ Tessier (dissident,) Cross (dissident^and Baby, J J. ,30 L. <'. J., p. 216, the parish of the council of St. David homologated with amendments, ixprochS'Verhal concerning certain local roads. On an appeal from that decision, the county council of Yamaska, on the 24th Oct., 1883, reversed the decision of the local council and homologated the proch-rerbaf unconditionally. The local council dia not execute the decision of the council ; but on the 7th April, 1884, it passed a by-law amending the said proc^s-verbal as it was amended by its first homologation, and reversing virtually the "decision of the rounty council. On a new appeal, the county council set aside the by-law of the local council, considering the question had been already decided upon, and the local council, instead of putting into execution the proc^s-verbal , and instead of renpecting the county council's decision, had • assed a by-law, annulling that decision. The nullity of tlie last decision of the county council was asked for. The Circuit Court, in Richelieu, Oill, J., reversed that decision, considering that the council had .violated the law by proceeding to decide upon the appeal, ' without having heard the case according to art. 932, M. C. The Court of Appeal reversed that judgment, considering that the county council had acted within the limits of its jurisdiction and in the exercise of the rights which are conferred upon it by law. (2) In The Corporation of the County of St. Maurice^ and Dufresne, Q. B. C, Quebec, 1884, Dorian, C. J., Monk, Testier, Cross and Baby. J J., 10 Q. L. K., p. 222, and 7 L. N , p. 401, it was held that there is a cause for cassation, before the Circuit Court, of a decision of a county council even sitting in appeal, ren- dered after the delay mentioned in art. 833, and rejecting a procka-^erbcU' OR. I. MUNICIPAL TAXES. 247 loners and ^-treasurer examined amends or laled from, nd tax the her of the mch costs s imposed take into arescribed sideration the same it having appeal is appealed (2) Durocher, V, Tessier p. 216, the iiidmentH) peal from Wth Oct., nolo^ated did not pril, 1884, >s it was iually the e county JTinp the council d instead I by-law, »n of the ichelien, incil had appeal, C. The that the tion and i by law. tee, and 1, it was t Court, )al. ren- 3cting a ■•S4* A copy of the decision of the county council, if a decision was arrived at, or otherwise, a certificate from the secretary-treasurer of such council, establishing that no deci- sion was given by the council within the required time, must be transmitted, without delay,- to the office of the council of the local municipality from which the appeal arose. 935* Every decision of the county council, which amends any proc^i-verhal, must be published by the secretary-trea- surer of the local council by a public notice containing the substance of such decision. 036. Whenever a petition in appeal is reserved at the office of the local counsil, the secretary-treasurer of such council must forthwith transmit all the documents 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 been no decision, immediately upon the expiration of the time during which such decision might have been rendered. TITLE TENTH. MUNICIPAL TAXES AND DEBTS. CHAPTER FIRST. MUNICIPAL TAXES. Section I. — General Provinions, 937. Municipal taxes, imposed on the taxable property of a municipality, must be apportioned, as well on the taxable real estate as on the movable property declared to be taxa- ble by article 710, unless it be specially declared that such taxes must be imposed solely on the taxable real estate. 938* The amount of every tax imposed by a county council i for general or special purposes, is levied, except in the case mentioned in articles 490 and 491, on all the local corpora- I 11 mm 248 MUNICIPAL OODG. BK. tl. TIT. X. I ! [1 rli ,1 tions of sneh oonnty, 'n proportion to the total value of their taxable property liable for the payment of such tax. (1) 939. The portion imposed on each local corporation con- stitutes a debt payable by such corporation to the county council, ^according to 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 the taxable property subject to such tax, without its being neces- sary 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, such portion may be recovered from it in the manner set forth in article 951. (1) 940. The secretary-treasurer of the countp council is bound, before the fifteenth day of May in each year, or at any other period fixed by the council, to apportion, with the approval of the latter, among all the local corporations of the county municipality, the sums payable to the county council, during the current year, in virtue either of munici- pal orders or of former apportionments in force, and to trans- mit to the office of the council of each local corporation a certified copy of such apportionment. Whenever a new sum of money is imposed by the county council, after the period fixed upon by this article, a new apportionment must be made and transmitted in the same manner by the secretary-treaserer. II I (1) In The Corporation of the County of Hochelciga vs. The Cor- potation of la Cote St. Antoine, C C, Montreal, 20th March, 1883, Lorangery J. , 2? L. C. J., p. 177, it was held that a tax fo provide for the payment of certain costs cannot be imposed by the county council otherwise than by by-law, and that the attempt of a county corporati«.u to impose such tax by resolution was illegal. See notes under art. 941. (1) In lioberge vs. The Corporation of Levis, Q B. C, Quebec, 6th December, 1876. Monk, f'amsay, Sanborn and Tessier, J.J., 7 R.L.,p. 642, it was ^'eld that the means of collecting the contribu- tions due to the county council is through the local municipali- ties and their officers, and that the county corporation has no ri)3:ht to proceed directly against the rate-payers by action or otherwise. Seenotes under art 941 and 951. '^ e of their . (1) ition con- e county rms fixed the local m all tho ng neces- Be. the local »sed upon ELnner set »uncil is ar, or at with the "ations of e county f munici- to trans- )ratioQ a e county e, a new he same TheCfyr- rch,1883, provide by the attempt tiou was Quebec, er, J.J., ontribu- nicipali- has no clion or OH. I. MUNIOIPAL TAX«8. 249 •41. (At amended by S. of Q, of 1884, 47 Vict., eh, 18, », 7.) Taxes imposed for county purposes, under & procit-verbal or act of apportionment relating to any proc^s-verbal, or made under article 490 or 491, are collected by the oflficers of the local municipalities, in which is situated the taxable property affected, in the same manner as taxes imposed for local purposes. (1) A statement of such taxes must be without delay transmit- ted to the mayor of the local municipality, or to the persons entrusted with their collection, 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 pro- cia-verbal, of the act of apportionment, of the by-law, or of the law. In default of the municipal officers levying or causing such taxes to be levied during the two months next, after the for- warding of the statement above-mentioned, the secretary- treasurer of the county council shall have and possess, for the purpose of levying and collecting such taxes, all the right and powers had by such local officer under section second of chapter first of title tenth of this code, and the payment of the taxes in such case shall be made at the office of the sec- retary-treasurer of the county council. (I) 94S. All municipal taxes, imposed on taxable property for local or county purposes, must be fairly apportioned accord- ing to the valuation roll in force, on all property subject to the payment of such taxes, in proportion to its taxable value, that is to say, in proportion 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 783. 94aa. {Added by S. o/Q. of 1878, 41 Vict., ch, 18, ». 36.) In determining 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 (1) See note under art. 911. (1) In The Corporation of the County of Missisquoi v8. The Corporation of th" p Irish of St, George d'i C'arenceoUle,G.G., ^efl[/brrf.30th September, U%^, Mathieii,J., 13 R. L., p. 661), it was held that taxes imposed for cou ity purposes, in virtue of a prochi-verbal ordering the c jnstructiou of a bridge, cannot be levied from local corporations by the county corporation ; but a county corporation has only a recourse against ihe rate-payers obliged by the apportionment act. T" 250 MUNICIPAL OODB. BE. 11. Tit. X. fronting on streets and roads to the ordinary depth of 'build- ing lots in that locality, which may be taxed according to its real value. 043. {Aa amended by S. ofV. of 1872, 36 Vict., ch. 21, ». 30, by S. of V. 0/1878, 41-42 Vict., ch. 10, «. f4, and by S. of V. of 1882, 46 Vict., ch. 36, -. 31.) The council of every local muni- cipality may, by a resolution, exempt from the payment of municipal taxes, for a period not exceeding twenty-five years, any person who carries on any business, trade, or mining or manufacturing enterprise whatsoever, or the proprietor of any bridge, as well as the laud used for such business, trade, or manufacturing or mining enterprise or bridge; or agree with such person for a fixed sum of money payable annually, for any period not exceeding twenty-five years, in 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 oonnectea with taxable property so exempted or com- muted. 944. The local council may, whenever it deems advisable, authorize by resolution the secretary-treasurer or any other officer, to add a sum not exceeding ten per cent, to all taxes to be levied on the taxable property in the municipality to cover losses, costs and bad debts. In Simard vs. The CorporatiMi of the County of Montmorency, Q. B. C, Quebec, 7th June, 18/9, Dorion, C. jf., Monk, Ramsay, Tessier and Cross, J J., 4 Q. L K., p. 208, it was held, affirming the judgment of S:>. C, Quebec, 1877, Stuart, J., that a county municipality can collt'ot a tax imposed by itself, not on a munici- pality but un certain individuuls in whose interest it hns opened a road which is a county road and within its exclusive jurisdic- tiuii ; that taxes imposed by the county on local municipalities can be levied by such municipalities only. Taxes ordered to be levitHl on taxable property, belonging to persons interested or benetited by any public work, aredirfct taxes by the county to be levied by it only. In The Corporation of St. Andr4 and The Corporation of the County of ArqenteuU, Q. B. C, Montreal, 2nd March, 1871, Z>tiva/, C. J., fJrummond, liailgley and Monk, J. J., 3 R. L., p. 374, it was hnld that a numicipai body has no claim at law, for public works at least, until it has paid the contractor for them; that the costs of a county work is at the charge of the rate-payors and not of the local municipalities; that tiie collecti' n of such claim niust bemade by the secretary-treasurer of. the county, according to the share of such person interested. See note under art. 100. of liaild- ing to its 21, «. 30, i. of V. of cal muni- ymcnt of tive years, mining or tor of any trade, or ■gree with aally, for amutation and their work upon 3, or front id or corn- advisable, any other all taxes ipality to ntmorencj/t Jc, Hamsay, affirming a countv a munici- 1H8 o()ened 6 jurisdic- liciDalities eied to be terested or ounty to be tion of the p. 374, it for public n ; that the >ayor8 and such claim according OH. I. MUNICIPAL TAXES. 251 945. Municipal thxes or contributions in labor or materials are always convertible into money, after they fall due. 040. All municipal taxes are regarded as privileged debts* exempt from the formality of registration. 047. Taxes bear interest, at the rate of six per cent., from the expiration of the delay during which they ought to be paid, without its being necessary for such purpose that a special demand of payment be made. Neither the municipal council nor its officers can remit such interest. 048. All municipal taxes, imposed on any land, may be collected from the occupant or other possessor of such land as well as from the owner thereof or from any subsequent pur- chaser of such land, even when such occupant possessor or purchaser is not entered on the valuation roll. (1) 049. Any person, not being the proprietor, who pays municipal taxes imposed in consideration of the land which ho occupies, is subrogated without other formality, in the privileges of the corporation on the moveable or immoveable property of the proprietor, and may, unless there be an agreement to the contrary, withhold from the rent or from any other debt which he owes him, or recover from him by personal action, the amount which he has paid in principal, interest and costs. 050* All arrears of municipal taxes, except in the case of articles 402 and 495, are prescribed by three years. This pro- vision is subject to the application of articles 2267 and 2270 of the civil code. (2) (1) In Hogan and The City of Montreal y Q. B. C, Montreal, \9t\i November. 1884, Z)orto», C. J., A/(f>nA;, liamaay, Tettsier And Cross, J. J., I M. L. U., p. 6n, and 7 L. N., p. 378, it was held that muni- cipal tHxesarenot payable day by day.but.aieindivisible, and be- come due from theproprietor ai d possessor of the immoveable subject to be assessed at the time of the imposition of the^e taxes ; that the fact that a per:4on not proprietor of an immove - able had been entered upon tlie assessment roll as proprietor of an immoveable, does not make him a rate-payer. See note under art. 962. (2) In Tlie Corporation of Lerig vs. Lngueux, S. C, Quebec. 1885, Andiywa, J., 11 Q. L. R., p.32X, it was I'leld that the prescription of Ave years applies to municipal taxes. In The City of Montreal vs. (ieddes^H. C, Montreal, 23rd June, 1882, Torrance, J., 5 L. N.,p 203, it wag held that in the absence of special provisions, municipal taxes are only prescribed by thirty years— Held, in the sanity sense, S. C, A/onYr«a/, 9th Octo- ber, 1877, Belanger, J., Gny vs. J^ormanditi, 21 L. C. J., p. 300. 252 MUNICIPAL CODE. BK. II. TIT. X. if ! I i ' U 951. (As amended by S. o/ Q. of 1883, 46 Vict., ch. 28, ». 8.) The payment of municipal taxes may be also claimed by action brought in the name of the corporation, before any justice of the peace, before the commissioners' court i'or the summary trial of small causes of the parish or municipality, if there be one, before the magistrate's court, or the circuit In The Corporation of Hocht!aga and Hogan, S. C, Montreal, 9th May, 1882, Torrance, J., 5 L. N., p. 154, tfce demand was for assessment due on real estate for the year 1875, amounting to ^780. The defendants pleaded pie^cription of three years under the Municipal Code, art. 959. The evidence showed that r triennial valuation roll was made in 1875, >n virtue of which a building of defendants, situate within the municipality, was taxed to the amount of $730. On the Ist October, 1875, the taxes were payable and were not paid. Tliere were new taxes for 1876 and 1877 which were not paid, and in January, 1878, in order to avoid the pres- cription, which would be acquired for the taxes of 1875, action was brought. Per Curiam —The protension of the plaintiffs is that the sei- zure of January, 1878, which c;>mprehMnde i the taxes of 1875, in- terrupted the prescription for these taxes. On the other hand, the defendants do not say that the seizure was only for the taxes of 1876 and 1877. But it is plain that the prt)hibition only affec- ted the roll of 1876, and not the roll of 1875, now in question. There was nothing to prevent the seizure and sale for the taxes of 1875. Tliere was nothing in the written prohibition to pret^ent the le^al proceedings for the recovery of the axes of 1875. The prescription, therefore, ran against those taxes, the prohibition notwithstanding, i'rescription maintained. In fiiain vs. The (' 'or poratpr 71 of Oranffy,9>. C R.. Montreal, 20th November, 1873, Johnson, J.,'Mackxy, J., lieaudry, J., 5 II. L., p. 180, it was held that a corporation's claim is extinguished as regar ds the debtor personally, by the sale through an assignee, of The hypothecated property, and that «, corporation is liable to damagps for a wrongful Stjizureof the debtor's effects under those circumstances. Article 21(57, C.C. In all the causes mentioned in articles 2260, 2260, '6261 and 2202, the debt is absolutely cxfingui shod, and no action can be maiuUiined after the delay for prescription has expired. Article 2270, C. C, Prescriptions begun before the promulga- tion of this Code must be governed by the fornior laws. Nevertlieiess, prescriptions tlien begun, lor which, according to these laws, an inimi morial duration on one of a hundred years J 8 required, are acquired without respbct to such necessity. % 5 ■ it • >*> ^#---5 i. »*> V • . 28, ». 8.) icied by fore any ; i'or the cipality, 3 circuit fontrealf I was for Linting to ira under triennial tiding of )d to the 3 payable 177 which the pres- 75, action it the sei- f 1875, in- ler hand, the taxes ily aflfec- ^uestion. the taxea " opretfent 75. The ohibition Monfreal, . J., 5 11. liished as assignee, liable to der those cles 2250, il, and uo ption has romulga- ,c cording red years 4ity. CH. I. MUNICIPAL TAXES. 263 court for the county or district, as well against persons absent from the municipality as against those present therein. (1) 952. The local council must, on the requisition of the school commissioners or trustees of any school municipality, situated within the limits of the local municipality, accept the school assessment roll or the certified extract therefrom presented by them, and order the secretary-treasurer to co?- lect ^'uch 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 distinct local munici- pality, under article 39, are expended, less the costs of collec- tion and of management, in the townships in which such taxes were levied, unless the county council otherwise orders. Section 11.-— Collection of Taxes in Local Muni^ipalitiefi. 954. It is the duty of the secretary-treasurer of every local council, to make a general coP'vCtion roll, each year during the month of October, or at any other time fixed by the coun- cil. He must also mnke a special collection roll, whenever a special tax has been imposed after the making of the general collection roll, or whenever he is ordered so to do by the council. (1) In The Corporation of i^i. the County of jJmmmmiU, Q. Ji. Guillaume vs. The Corporation of (J., Qnebor,^ 5th r>ecenjl)er. 1876, M(mk^ liamsaj/, Sanborn and Tefsier^ J. J., 7 K. L.,p. 5(52, it was held that ihi- tiistrlv.L magistrate hae jurisdiction for the recovery of municipal taxes, whatever be the amount ; — That, under art. 93i> and ',)51 M. C, a local c<)riM>ration may be sued before the dis- trict magistrate for the recovery of a«'ounty debt due by the local corporation to the county corporation ;— iTiat a district magis- trate is not diS(}ua]i lied to sit iu such cases by the fact that he is a rate-payer in the municipality. In Jiobtrge and 7^hf i'orjyoration of Levis, Q. B. C, Quef>ec, 5th December, 1870, Afovk, llammy, Sanhom and Tcmic^, J. J., 7 R L., p. G42, it V, as held iliat the only means of co'lectiiig assess- ments due to acciuntycouncil is by m«'ans of the local municiiiali- ties and their otHcers ; as tlie county corporatl n has no right to proceefure than it ought to be, ac ord- ing to th^; by-law inu>«>Hing the same, such roll is null, quoad the the rat>*'pHyer only tor ih^^nnrplus. (n The ( orpora'ion of Chmnblf/ Bisln and Schejff-r, Q. H. C, 3/<)«7rea/, 24ih November, lMH4, Dorion, <>,»!., iVfonk, Ramsaf/, TfMMu^r ntui Hahjf, dJ., 1 M. L. It , p. 42, and 7 L. N., p 390, it was ht'ld that 'he formalities prescribed by this Code, concerning the co'lection roll, must be strictly observed, under pain of mak- ing non «yigibl4» the imposed taxe-«, even though the intoreste I pjtrties have a<'qiii»'{*ced. different irho U a ird "un- f taxable 3upant is valuation laoh rate- , declarefl 5ach rate- jrer. (1) 177, Stuart ' es before a g(4 for the till and an to appear gmeiit, the jedby pro- i Jiinie. i'., Quebec^ lift re ws, J. hata ju fig- he anioiiut Qtwhec, n, ,1 .1., 11 >ra a judg- Int is for a IC. C, St. p. 565, it Ire of taxes |be, ac ord- (juoad the ,,Q. ». C, J, I{sevl by an llities, but |\ot in bad B, was not CH- I. MUNICIPAL TAXES. 257 063. {Afi amended by S. of Q. of 1884, 47 Vict., ch. 18, ». 8.) Such seizure and sale are made under a warrant signed by the mayor of the council or by the warden of the county, as the case may be. Such warrant is addressed to a bailiflf, and must be execu- ted by that oflScer, under his oath of office, according to the same rules and under the same responsibilities 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 under the respon- sibility of the corporation, in whose interest the distress is made. (I) bound ^o pay interest on the money from ihe time of recdivine it, but only from the time of the action en repetition, Q. B. C, Atont- real, 19ih June, 1880, Dorion, C.J., Monk, Ramsay, Temier and Cross, J J., W^llsonQtvkX., appellants, and The City of Montreal, respondent, 24 L. C. J., p. 222. In Blain vs. The Corporation of Granby, S.C.R., Montreal, 29th Nov., 1873, Johnson, Mackay and Beandry, J J., 6 R. L., p. ISO, it was held that th<» sale of a properly by an insolvent assignee, having the etfect of extinguii^hing the municipal taxes on the property, the corporation which will have the purchaser's move- Hbles seize I for the recovery of those taxes, will be responsible for damages caused to tliat purchaser by such illegal seizure. In Green er vir vs. The City of Montreal, S C, Montreal, 30th April, 1877, Johnson, J., 22 L. C. J., p. 128, goods belonging to a wife spparee de biens w^ra seized in the conjugal domicile for taxes due by the husband, by virtue ofs. 88 of ch. 51 of S. of Q. of 1K73, 37 Vict., making goods and chattels f lund in the possession of those indebted to the ciiy for taxes and assessments,' liable to seizure. Held, that the go^bds were not in the possession of the husband, within the meaning of the Statute, that |co-habitation does not destroy the possession sep.iree which pertains to the wife aepar^e de biens. (1) In Blain vs. The Corporation of Granby, S. C. R., Montreal, 29th November, 1873, Johnson, Mackay and Beaudry, JJ., 18 L C. J., p. 1S2, it was held that, in an action in damage's against a corporation for an illegal seizure, the corporation is not entitled to a montli's notice of action ; than a corporation is responsible in damages for an illegal seizure of the moveables belonging to its debtor. In Matthews and The City of Mmtreal, Q.B.C., Montreal. 8th March, 1870, Cnron, Dnunmond, Badgley and Monk, .IJ., 1 R.L., p. Gil), it was held that municipal corporati«)ii8 are strictly bound to follow the exceptional formalities prescribed by law, to have the right of exacting from the rate-payers the payment of their assessments, and, particularly, when they want to seize the defendant's moveables ; that, in an action ih damat^es by a rate- payer against a corporation for illegal seizur^j of the moveables mi ii |lf »v 258 MUNIOIPAL CODE. BK. II. TIT. X. 064. The day and place of sale of the moveables and effects so seized must be announced by the bailiff by publio notice, in the manner prescribed for judicial sales of move- ables. Such notice must also state the names and quality of the person whose effects are to be sold. 965. If the debtor is absent, or if there is no person to open the doors of the house, cupboards, chests, or other closed places, or in the event of refusal to open the same, the seizing oflBcer may, by an order of the mayor or of any other justice of the peace, cause the same to be oprr^cd by the usual means, in presence of two witnesses with a''. ..ecessary force, without prejudice to 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 moveables and effects seized can prevent such seizure and sale, nor the payment of the taxes out of the proceeds of the sale, unless a sum of five dollars, or a sum equal to that claimed in and by the warrant of distress, if such sum does not exceed five dollars, be at the same lime deposit- ed in the hands of the secretary-treasurer. Such opposition is further made, heard and adjudicated upon in the same manner as the one made under article 970. (1) of that rate-payer, the burden of the proof is on the corpoiation to ^'how that all the fornialilies have be- n observed in connection with the seizure, and that the seizure was legal. In The Corporation of Sorel stun Armshonf/, Q.B.C., Montreal, 31st December, 1876, JJorion, CJ., Monk, ttamsay dissident, and Sanborn, JJ., 20 L. C. J., p. 171, it was held that a writ of prohi- bition does not lie to restrain the corporation from proceeding to execute the property of a corporation, where no excess of juris- diction appears on the face of the proceedings, although there is an error in behalf of the corporation quoad the imposition of taxes to be levied. In Blain vs. The Corporation of Granby, S.C.R., Montreal, 29th November, 1873, Johnson, Mackay and Jieoiidrif, J J., 18 L.C..I., p. 180, it was liPld that a writ of prohibition does'lejially lie against a cori)oraiion to rf»8train it from proceeding on ii warrant signed by the mayor, to levy the payment of taxes, becausp a writ of pro- hibition can «)nly be , Dorian, C. J., Monk, l'^ li 260 MITNIOIPAL CODE. BK. II. TIT, X. 971. The secretary-treasurer may, under the authority of the local council, and at the expense of the Corporation, em- ploy on» or more persons to assist him in collecting the muni- cipal taxes, for whose acts, omissions or neglect he and his sureties are, nevertholesg, responsible* CHAPTER SECOND. , J li i i^ MUNICIPAL DEBTS* Section I. — General Provisions, 073. The principal and interest of any loan or debenture may be made payable in the Province or elsewhere, either in the currency of Canada or of the country where the same are payable* 973. The principal, interest and costs of any debt, con- tracted by a county Corporation for general purposes, are payable to the county council by all the local corporations of the county municipality, and are apportioned and levied in the same manner as taxes imposed by the county council* 974. 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, to which tho corporation of one of the local municipalities of the county municipality has al- ready 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 granted 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 name of the local corporation must be given by the deben- tures, and if such debentures are not issued, to cancel such Jiamsay, Tessier^ and Cro^s, J. J., 9 R. L., p. 551 , 2 L. N., p. 338, and 3 L. N., p. 317, it was held that an appeal Mv.s from a judg- ment rendered by the Circuit (^ourt in a cause where the proce- dures are made in virtue of this article ; that the Queen's Bench Court, in its jurisdiction, can grant an amendment of a tiecurity bond if it is irregular. CH. II. MUNICIPAL DEBTS. 261 the the jben- such . 338, judg- ■>roce- ench urity aid to the amount of its share in the contribution granted by the county council. If such debentures have been issued, the holders thereof may exchange them for debentures of the county corporation, by transferring to such county corpora- tion, an amount of the stock of such local corporation equiva- lent to such exchange, with the consent of the local corpora- tion, the council whereof, in any such case, must transfer 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 from the portion of the tax imposed on the corporation of such local municipality, proportionate to the amount of the aid granted by such cor- poration. 977. The whole debt contracted by any county corporation cannot, at any time, exceed twenty per cent of the value of the taxable property of the municipality. 978. No local council can, by itself, contract debts for any amount exceeding i'venty per cent, of the taxable pro- perty of the municipality, such amount to include the share which such council has to contribute towards paying the debt of the county corporation. 978a. {Ad led by S. of Q. of 1872, 36 FtV«., ch. 21, ». 31, and an amended by S. of Q. of 1878, 41-42 Vict., ch. 10, #. 35,) The taxes intended to pay the interest upon municipal de- bentures, 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 debentures, a special collection roll, apportioning on the taxable properties mih- ject thereto, according to their respective value as shown on such valuation roll, the amount of the tax imposed for the interest and for the annual payment to the sinking fund. 979. (As amended by S. of Q. of 1878, 41 Vict.j c. 18, a. 37.) The provincial secretary must compile annually, in the month of June, from the returns transmitted to his office in conformity with article 168, a statement in tabular form showing : 1. The names of all the municipal corporations indebted; m ^w 262 MUNICIPAL OODB. BK. II. TIT. X. i i \ 1 1 i ii i II ■ ' i. •1: 2* The amount of the debt of each of such corpora" tions ; 3. The amount of interest due by them ; 4. The value of moveables or immoveables belonging to them ; 5* The amount of the valuation of taxable property in each of the municipalities of which the corporation is in- debted ; 6. The total rate of taxation or assessment in the dollar, levied for any purpose whatsoever upon taxable 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 legislature, within the first fifteen days of the following session. 980. {As amended by S. of Q. of 1872, 36 Viet., eh. 21, #. 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 muni- cipal loan fund, and remaining unpaid, continue to be gov- erned by the provisions of chapter eighty-three of the Con- solidated 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 collected even in cases where the corporation is in de- fault, 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 re- deemed, in the same manner as if this code had not been pro- mulgated ; subject, nevertheless, to the application of article 978a. Section II. — Special provisions respecting Municipal Deben- tures. 981. Every municipal debenture must specify : 1. The name of the corporation by which it is issued; 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 council OB. II. litKIOIPAL DEBTS. 263 re- pro- ticle or of any other person authorized by the council to sign it, as well as that of the secretnry-treasurer. (1) 983. It must further contain all provisions necessary to carry into effect the intent of the by-law in virtue of which it is issued. 983. 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. 986. 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 finking fund can be imposed only on the taxable real estate of the municipality. 987. Any municipal debentures, payable to bearer, or to any person named therein as bearer, may be transferred by mere delivery. Any municipal debenture payable to a person named therein, or to a person named therein or order, may be transferred by either general or special endorsation. When it is endorsed generally it is transferable by mere delivery. Such transfer vests the property thereof in the holder and gives him the right to maintain an action thereupon in his own name. 988. Any debenture may contain a stipulation to the effect that the sum annually carried to the sinking 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 any such case the (1) In Macfarlnne and The Corporation of St. Chaire, Q. B. C, Montreal, 27th Marcli, 1886, Monk, Ramsay, Tessier, Cross and Bahji, dissident, J J., 2 M. L R., p. 16'>, it was held, reversing the judgment of the S. C. of St ffi/acinthe, 11th December, 18H4, Sicotfe, J., that wlien a by-law of a municipal corporation, grant- hig an aid to a ra-lroad compaiiy^ does not contain any provision to the effect that the condition inserted in the by-law shall be inserted in the debentures to be issued in virtue of the said by- law, the debentures must be issued without condition, and. in that case, the debentr/res containing the condition of the by-law will not be considered as a legal tender by the corporation. IMAGE EVALUATION TEST TARGET (MT-S) A {/ //^'dp. .<%. d^^ y. y. ^ 1.0 I.I rilM IIIIIM ■ i« 112.2 \U m ^ i^ M 1.8 1.25 1.4 1.6 .4 6" - ► ^ e /a /a ■3. * % ^jf ^^ //. y Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY MS80 (716) B72-4S03 4^ j 264 MUNICIPAL CODE. BK. II. TIT. X. i : Ml i,iii-, debenture ie not redeemable at the delay fixed by the by- law, and it is deemed to have been paid in full and dis- charged by tho payment of the annual amount of the interest and of the sinking fund specified in such debenture. 988a. (A» added by S. of Q. of 1879, 43-44 Vict., cA. 42, #. 1.^ Whenever a municipal corporation of a city, town, village or any other municipality shall have contracted a loan, with respect to which it is bound to invest a sinking fund, it may use such sinking fund for the purpose of redeeming the bounds issued by it for such loan ; provided that the interest on the debentures so redeemed, shall in future be employed in the same manner as the sinking fund. 989* The council of any corporation which, either before or after the coming into force of this Code, issued debentures redeemable at the expiration of a certain delay, may, with the consent of the holder, exchange the same for debentures of equal value, payable in the manner set forth in the pre- ceding article. 990. {A^ amended by S. of Q. o/1882, 46 Vict., ch. 36, «. 9.) '"he secret iry-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 secretary, 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-taw ; 2. The amount to be borrowed thereunder; 3. The number of debentures to be issued ; 4. The amounts thereof respectively ; 5. The dates at which the same respectively fall due \ 6. The value of the movable and immovable property belonging to the corporation ; 7. The amount of the privileges and hypothecs to which the movable and immovable property of the corporation is subject ; 8. The amount of the valuation of the taxable property in the municipality ; 9. The annual rate of assessment per dollar required to liquidate the debentures. OH. II. MUNICIPAL DEBTS. 265 991. The seoretary-treasnrer of every corporation which, before the promulgation of this Code, shall have issued debentures without complying with the two first sections of chapter eighty-four of the Consolidated Statutes of Canada, must transmit, within three months after the coming inlo force of this Code, to the registrar of the registration divi- sion in which the municipality is 8ituatcd, authentic copies of all the by-laws theretofore made for the purposes of raising money by the issue of debentures, together with a return shewing : 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 corporation 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 discharge them ; 8. The value of the movable or immovable property be- longing to the corporation ; 9. The amount of the privileges and hypothecs to which the immovables of the corporation are subject. 10. The amount of the valuation of the taxable property of the municipality. 998. The registrar must receive, file and keep in his 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 by-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 desiring to inspect the same during office hours, on paymc :t of the fees established by the following article. 994. The following fees are payable to th? registrar for any services required by the articles of this section : 1. For the registration of an authentic copy of any municipal by-law $2 00 2. For the registration of any report transmitted under articles 090 and 991 1 00 3. For search, inspection and examination of each copy of a by-law, of the entries which refer thereto... 1 00 ; ^1 ill 266 MUNICIPAL OOPB. BK. II. TIT. XI. I'll I .'I I lis 998. Every Booretary-treaaarer who 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, imprisonment until payment of the fino and costs, which imprisonment 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, in virtue of which such deben- ture was issued. 997. Every municipal debenture, issued under a by-law approved of by tho lieutenant-governor in council, whether beiore or after the coming into force of this Code, is valid, and the amount thereof may be recovered in full, notwith- standing that such debenture was issued illegally and irregu- larly. TITLE ELEVENTH. \u SALE OF LANDS LIABLE FOR MUNICIPAL TAXES IN DEFAULT OF PAYMENT. CHAPTEE FIE8T. BALK AMD ADJUDICATION OF LANDS. 998. {An amended by S. of Q. of 1882, 45 VicU, ch. 35, #. 32.) The sec rotary- treasurer of every county council must, before the eighth day of the month of January in each year, from the statements transmitted to the office of the council under article 373, prepare a list shewing : 1. The description of all the lands 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 oouoty oouacil are held, on the first '^■' I IN 15, «. tust, rear, incil tt of Forth »lace first * OH. I. SALE AND ADJUDICATION OF LANDS. 267 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) 990. The list and the notice which accompanies it must be published in the ordinary manner, and also twice in the Quebec Official Gazette, and in one or more newspapers, during the month of January. 1000. (As amended hy S. of Q. of 1886, 49-50 Vict,, ch. 21, «. 3.) At the time appointed for the sale, the secretary-treas- urer of the county council, or some other person acting for him, sells to the highest bidder, those lands described in the list upon which taxes are still due, after making known the amount to 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. In all proceedings had and adopted to effect such sale, the county corporation shall not be responsible for the errors and informalities committed by local municipalities against which alone shall third parties have recourse. (2) (1) In Blnin vs. The Corporatuni of Granhy, S. C. K., Afontrenb 29th November, 1873, e/o/in«o»t, Markay and Jieaudry, JJ., 5 R. L.' p. 180, it was held that the claim of a corporation ix extin- gnished as regards the debtor by the sale of the alToeted property y an insolvent assignee ; that a corporation can be sued in damages for an illegal seizure, in those circumstances of the moveables belonging to the d« btnt of the formalities required by law ; that the purchaser, in gd faith, will, after the two years, be maintained in liis nurchase, but that the local and county corpo- rations, having made tlie sale, without the formalities required by law, will be condemned jointly and severally to the damages incurred by the owner. Q. B. C, Quebec, 19th March, 1870, Du.i'aU C.J., (\iroa, Driimmond, livlgUy and Monk, J J., conflnn- ing the judgment of the Court of Review of Quebec, which reversed the judgment of the Superior Court, at Three Rivera^ Polette, J., The thrporafionqf the County of Artliabaska et al., appellants. &nd James Harlow] respondent, 14 L. C. J., p. 226. In the same ease, 1 R. L., p. 759, it was also held that the prescription of two years as to the redemption of lands sold for municipal taxes runs from the adjudication, and not from the deed ox sale ; that that prescriptiou runs only for the benefit 272 MUNICIPAL CODE. BK. II. TIT. ZI. 11 I- ^ Tl 1016* If any land described in the list published under article 999 is advertised to be sold by the sherifT, the secretary-treasurer of the county council cannot sell such land, but must, without delay, transmit to the sheriff a statement of the sums due for taxes 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 firHt Monday of March the proceedings of the sheriff on the sale have been discontinued, the secretary-treasurer may sell the land in the usual manner. 1018. The municipal corporation, in the interest of 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 sheriff, and the proceedings are suspended, intervene in the cause and ask and obtain the adoption of any step haying for object the rendering of a final judgment. 1019. The demand to set aside or to annul the sale made in virtue of these provisions, and any action to enforce any claim arising from such sale, can be instituted only against the municipal corporation, the council or ofiicers of which are in default. 1020. The sale made under the authority of the provisions of this title may be rescinded, and annulled with the consent of the municipal corporations interested, the owner and the purchaser. of the purchaser and not for thnt of corporations which cause or make the sale, and which are always liable, before as after the two years, for the dania£r«;8 resulting from illptial salen. Ill Bartley vs. Boon, /s. Armstrong vs. The Corporation of .Aeauce, etc., S. C. R., Qtiebec^ 30th June, 1874, Sttmrt, Casault. dissident, and Tesaier, JJ., 19 L. C. J., p. 10, it was held that the purchaser of land sold by a corporation for taxes has, even after the lapse of two years from the time of sale, an action en farantie agairst the corporation which sold, and the corpora- ion which caused it to W sold, for errors and irregularities of their respective secretary-treasurers ; that in such a case corpor- ations are not entitled to a month's notice of action. Ill The Corporation of Chambly Basin and Scheffer, Q. B. C, Montreal, 24tn (November, 1884, Dcrion, C.J.. Monk. Bamsay, Tessier and Babj/. J J., 1 M. L. R., p. 42, it was held that the fonnalities prescribed by the Municipal Code, as to the collec- tion roll, must b<> strictly observed ; and that, when those forma- lities have not been observed, the taxes imposed by the coUeo- tion roll are not exigible. 3ee note under art. 1000. OH. IT. REDEMPTION OF LANDS ADJUDGED. 273 [ under ifT, tho 11 such eriff a rtising, of the rch the tinued, usual f which county land is ngs are ain the ng of a [e made rce any against f which )vi8ion8 consent ind the cause fter tlie ition of nttault. d that B, even ion en orpora- ities of corpor- B. C, amsay, tat the coUec- forma- colleo- \ 1021. No land sold in default of payment of taxes, under the authority of the provisions of this title, can be resold under the authority of the same provisions in tho month of March of the following year. CHAPTER SECOND. REDEMPTION OF LANDS ADJUDUED. 1022. {An amended hy S. of Q. o/ 1884, 47 Vict., ch. 18, «. 10.) The owner of any land sold under the provisionn of the preceding chapter, may, within the two years next following the day of the adjudication, redeem the same, by reimbursing to the secretary-treasurer of the council of the county municipality, in which such land is situated, the amount laid out for the purchase of such land including the cost of the certificate of purchase and the notice to the registrar, with interest, at fifteen per cent per annum, every fraction of a year being reckoned as a year. 1028. Any person, whether authorized or not, may redeem or recover such land in the same manner, but only in the name and for the benefit of the person who Wiis the pro- prietor thereof at the time of the adjudication. When the redemption is made by a person not specially authorized, the secretary-treasurer, in the receipt which he gives in duplicate, sets forth the names, quality and domicile of the person who effected the redemption. Such receipt entitles the person mentioned therein to be reimbursed the amount paid by him with interest at the rate of eight per cent., and secures him a privileged hypothec, ranking next after municipal taxes, on the land in question, for the reimbursement of such money, after being registered in the proper registration division, any provisions contained in articles 1994 and 2009 of the Civil Code to the contrary notwithstanding. (1) (1) In Darling vs. Jieeves, S. C. R., Montreal. 30th September, 1885, Doherty, Bourgeois and Tascherean, JJ., 2J> L. C. .J., p. 255, it was held that, where a property has been sold for municipal taxes, a person who not being the proprietor, redeems it and is Bubiogated to the purchasers riglits, makes iioverthelei^s that redemption for the benefit of the actual projtrietor ; that he cannot, after the expiration i f two years, refuunt paid into his handt^, I088 two and a half per cent, on the purchase money, for his fees. 1029* 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 improvements mnde by him on the land so redeemed, unless he removes the same, and also to reimburse him the amount of the taxes paid, and of the public or municipal work performed on aooount of such land, with interest on the who!e at the rate of fifteen per cent, per annum, every fraction of a year being reckoned as a year. This claim bears a privilege in favor of the purchaser upon the land in question. The purchaser may retain possession of the land redeemed until payment of such claim. '^ 1 i en days thereof ch land emit to n and a BOOK THIRD. SPECIAL PROCEEI)IN(iS. or the wner, to its mnde )V08 the le taxes rmed on the rate ar being urchaser ■edeemed TITLE FIRST. KXRCUTIOK OF JUDGMRNTS RRNDRRRD AGAINST MUNICIPAL CORPORATIONS. 1026« Whenever a copy of a judgment, condemning a municipal corporation to piiy a Muin of money, hn» been served at the office of the council of 8uch corporation, the secretary-treasurer must forthwith pny the amount thereof out of the funds at his disposal, on the authorization of the council or of the head of the council, according to the rule laid down in article 160. 1027* If there are no funds, or if those at the disposal of the secretary-treasurer are not sufficient, the council must, immediately after the service of the judgment of the Court, order the secretary-treasurer, by a resolution, to levy on the taxable property of the municipality, liable for such judg- ment, a sufficient sum to pay the amount due with interest and costs. 1098. The Court which rendered the judgment may on petition, presented either in term or in vacation, grant, from time to time, to the municipal council, any delay which it deems necessary to levy the amount of money required. 1020* If the judgment has not been satisfied within two months after the service thereof at the office of the council, or at the expiration of the delay granted by the Court or agreed upon by the parties, the person in whose favor such judgment was rendered, or his attorney, may, on producing the return of the service of such judgment at the office of the council, and on a 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, 80 soon as the amount of the judgment and oosts has been levied. ' ^ fe' LI V ■ i u 1 % 1 « ., 1 jf 1 1 ] I . ' .; !;,( 276 MUMCIPAL CODE. BK. III. TIT. I. 1030. Such writ is attested and signed by the clerk or prothonotai'y, sealed with the seal of the Court, and address- ed to the shcrifif of the district in which such municipality is situated, who i^ enjoined by the same among other things : 1. To levy from the corporation, with all possible des- patch, 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 corporation : To apportion the sums to be levied on all the taxable property in the municipality liable for such judgment, in proportion to its value as it appears by the valuation roll, with the same powers and obligations, and under the same penalties as the councils and the secretary-treasurer to whom he is by right substituted for the levying of such money. If the judgment has been rendered against a county cor- poration, to make forthwith an apportionment on all the local corporations of the county, and to transmit immediately a copy to the office of the council of each of such corpora- tions. To prepare without delay, and at the same time as the apportionment in the case mentioned in the preceding provi- sion, according to the rules prescribed by article 955, a special collection roll for each local municipality in which money must be levied under the authority of such writ. To publish such special roll in the municipality, in the manner required by article 960. To exact and levy the amounts entered on the special collection roll, in the manner and within the delays pres- cribed by articles 960 and 961. In default of the payment of such amounts by the persons who are bound so to do, to levy the same with costs, on their moveable property, in the manner prescribed by articles 962 to 970 inclusive. To sell the real estate liable for such amounts, in default of their payment, on the first Monday of the following March, in the manner and according to the rules laid down in the fore- going title, after having given the publications and notices required by the provisions of the same title. 3. To make a return to the Court of the amount levied and of his proceedings, as soon as the amount of the debt, interest and costs has been collected, or from time to time as the Court may order* OH. II. EXECUTION OF JUDGMENTS. 277 1080a. {Aa added by S. of Q. of 1875, 39 Vict., oh. 29, «. 20.) If the judgment has been rendered on debentures or coupons, issued in virtue of a by-law made by a county coun- cil, in conformity with article 974 of this Code, or of any spe- cial act to the same effect as such article, the apportionmen t to be made by the sheriff shall be in accordance with the terms of such by-law, and in the same proportion as the apportion- ment made by the county council under article 974, and in such case mention shall be made both in the judgment and the writ of execution that the county corporation has been con- demned in virtue of such by-law. 1031. The sheriff is bound to execute without delay, either personally or by his officers, all the injunctions of such writ, or of any other order subsequently issued by the Court whose officer he still remains. 1032. The sheriff has free access to the registers ; valua- tion rolls, collection rolls and other documents deposited at the office of the council of every municipality in which he must levy money, and he may deramd the services of the municipal officers of such council under the ordinary penal- ties. 1033. He must take povssession of all the valuation rolls and otner documents, which are necessary to him in the exe- cution of the judgment and orders of the Court. On the refusal or neglect of the municipal council or its offi- cers to deliver up such documents, he is authorized to take possession thereof. 1034. If it is improssible for the seizing officer to obtain the valuation rolls, which should serve as a basis for the col- lection of the moneys, or if there are no such valuation rolls the sheriff must without delay proceed to make a valuation of the taxable property 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 valuation 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 part of the costs of execution, and are recoverable from the local corporation in default. 1035. The sale and adjudication of real estate by the sheriff, in default of payment of the amount specified in the collection roll made by him, have no other effects than those mentioned in the preceding title. . .-J...KmJjM 278 MUNICIPAL CODE. BK. III. TIT. I. 1 1 I The deed of sale of the land is given by the warden of the county municipality in which such land is then situated, in the manner prescribed in the preceding title, at the expiration of two years, if the redemption of the same has not in the meantime been effected. 1036. The fees, costs and disbursements of the pheriff are taxed at the discretion of the judge of the Court from which the writ of execution issued. 1037. The sheriff must transmit a copy of his special col- lection roll, and any other list or document whereof he has taken possession, to the office of the council to which it belongs, after having levied the whole amount set forth in the writ of execution, together with interest and costs. 1038. Arrears due, in virtue of the apportionment or of the special collection roll of the sheriff, belong to the corpor- ation, on behalf of which they ought to be levied, and may be recovered by such corporation, in the same manner as any other municipal tax. If any surplus remains in the hands of the sheriff it belongs to the corporation. 1030. If the corporation, against which any judgment has been rendered, ordering the payment of any sum of money, holds property in its own nnme, such property may be seized and tnken i;i execution in the ordinary manner prescribed in the Code of Civil Procedure. 1040. The sheriff may obtain from the Court any order cal- culated to facilitate and ensure the complete execution of the writ which has been addressed to him. 1041. If any land advertised to be sold by the sheriff under these provisions is advertised to be sold on the stime day by the secretary-treasurer of the county, the latter cannot sell the land, but must forthwith transmit to the sheriff a statement of his claims and costs, which statement must be added to the amount claimed by the 8»veriff and levied by him at the same time as such amount. ' TITLE SECOND. RECOVERY OF PENALTIES IMPOSED IN VIRTUE OF THIS CODE. riflF it belongs CHAPTER FIRST. OENKRAL 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 resident in a neighboring municipality in the dis- trict. (1) 1043. All penalties incurred by the same person may be included in the same suit. (2) 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 recover- ed, for the first day only, unless special verbal or written no- tice has been given to the person contravening the same. If such notice is given the penalty may also be recovered for each day thereafter on which such contravention continued. (3) 1045. Every suit for the purpose of recovering such penal- ties must be begun within three months from the date when they were incurred, after which period the sam ; cannot be brought. (4) (1) See note under art. 398. (2) In Daoust vs. Pronlx, Magistrate's Court, Sfe. Scholintique, 10th March, 1875, DeMont\pmj. magistrate, 7 11. L., p. .'U7, it was Ixold that an action of damages, whi<;h is purely a civil remedy, is incompatible with an aciion for a fino, find that the two could not be joined, except when expressly authorized by statute : but where cattle came on plaintiff's property and cauped daniajjes. they were perfectlv justified by C. S , L. 0., cb. 26, which had not been repealed by the Municipal Code, under which the action was brought. (3) See note under art. 3d8, and see art. 1052. (4) See art. 1051 and note under art. 775. I h 280 MUNICIPAL CODE. BK. III. TIT. II. 1046. Such prosecution may be brought by any person of age in his own name, or by the head of the council in the name of the municipal corporation. (1) 1047* Any suit brought in virtue of the provisions of this title may be decided on the oath of one credible witness. (2) (1) In Lawi vs. liabouin, S. C, Three liivers. 15th April, 1870, Polette, J., 1 R. L., p. ()87, it was held that the prosecutor i/wi tam who claims a line for contravention to the municipal act, C. S., L. C, ch. 24, in virtue of the s. 63, § 8, must bring the action as well in his own name as in the name of the municipal- ity ; that any person is entitled to bring such an action without being authorized by the municipality. In Graham vs. Atorissette, C. C., Three Pivers, 16th April, 1870, Casautt, J.. R Q. L. U., p. 346, it was held that he who sues qui tam must do so as well in his own name as in thenume of the cor- poration to whom belongs a porti n of the ilne. In Lahelle vs. firatton, Magistrate's C urt, Ste. Scholastique^ 20th August, ISli, DeMontigny . magistrate, 7 R. L. ,p. ^25, it was held 1. That the action under art. 1046, M. C, as well as under s. 64, ch. 29. C. S..L. C, is not an action qui tam, but a popular action, which may be instituted by an Hdult, in his own name, or by the head of the council, in the name of the municipal corpor- ation; — 2. That an action alleeed to have been taken in the niime of one in wliose name it should not have been taken, is to bo met by exception d, la forme and not by demurrer as in the present case ;— 3. That the Une and damages cannot be claimed in one and the same action, because these grounds of demand tend to condemnations of different nature. In Ferland vs. Morissette, S. C, Quebec, February, 1883, Ca- sault, J.. 9 Q. R. L., p. 70, it was held that in actions qui tam, the proscutor must Indicate in the writ not only his names, qualities and domicile but those of the other party to which belongH a portion of the fine, ard in default of so doing, the action will be dismissed even without eacejttion d. la forme. In Pnr^ vs. The Corporation St. Clhnent, C. C, Bcauhnmois, 19th February, 1874, BMangir, J . , 5 R. L, p. 428, it was held that in an actuyn populaire, It is not necessary to allege, in the decla- ration, that the affidavit required by Statute 27-28 Vict., ch. 42, 8. 1st, has been tiled together with the prsecipe ; that in an action for penalty against a corporation for its neglect to keep the roads in repair, it is not necessary to allege in the declara- tion that the roads in question are situated within the munici- pality and under its control, when the plaintiff shows in what parish are situated the parts of the roed which he alleges to have been in bad order. See art. 1051 and note under art. 440. Lami vs. liahmiin, S. C, Three Hivers, 1870, Polette, J., p. 687, it was held that in an action qui tam the defen- dant cannot be called as a witness against himself, and if be is his evidence will be set aside by the Court. (2) In 1 k. L., OH. I. GENERAL PROVISIONS. 281 ly person of incil in the ?ion8 of this witness. (2) 1 April, 1870, rosecutor qui unicipai act, i8t bring the le municipal- Btion without h April, 1870, who sues qui me of the cor- Scholastique, , p. 'c25, it was >11 as under s. ut a popular own name, or licipal corpor- tak»'n in the in taken, is to rer as in the ot be claimed 8 of demand ry, 1883, Co- ions qui tarn, y his names, irty to which so doing, the X forme. Beauhnmois, was held that in the decla- Vict.,ch. 42, ,' that in an gleet to keep the declare - n the munici- lows in what lieges to have 1048. Penalties recovered in virtue of miUlicipal by-laws or the provisions of this code, belong, unless it is otherwise provided, one-half to the prosecutor and the other half to the municipal corporation. If the prosecution has been brought in the name of the cor- poration, the penalty belongs ^olly to the corporation. If the penalty is due by the corporation^ it belongs wholly to the prosecutor. (1) 1040. (An amended by S. of Q. of 1875, 39 Vict., ch. 29, a. 21.) In default of payment of the fine inflicted by the court, and the costs, within fifteen days from the rendering of the judgment, the property of the person so condemned shall be seized and sold, up to the amount of the penalty and costs, and in default of property sufiicient, the person condemned shall be imprisoned for any time not exceeding thirty days, which imprisonment ends, however, on payment of the sum due. Such imprisonment discharges the personwho undergoes it from the obligation of satisfying the judgment against him. (2) 1050. (As amended by S. of Q., of 1875, 39 Vict., ch. 29, «. 22.) The plaintifif or the com;ilainant, 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 in the preceding article (3) 1051. Articles 1045, 1046, 1048, 1049 and 1050 do not apply to suits brought to recover moneys which, according to the provisions of this code, may be recoverd in the same man- ner as the penalties imposed by this code. (1) In Oraham vs. Morissette, C. C, Quebec, 2nd October, 1870, Cnsault, J.J 5 Q. L. R., p 346, it was held that *' municipal cor- poration" in this article is merely a term of general description and not part of the title of a corporation. See art. 1051. (2) See art. 1051. (3) See article 1051. m %' , Polette, J., I'm the defen- I, and if he is CHAPTER SECOND. OP PROSKCUTION nEFORK JUSTICES OF THE PEACE. 10S9. ProReciitions brought before justices of the peace, in virtue of article 1042, are heard and decided by them, accord- ing to the usual rules of procedure laid down respecting sum- mary orders and convictions, except in so far as tb 3 same are inconsistent with the provisions of this title. 1053. Such suits need not be begun by the affidavit or deposition on oath of the plaintifif or complainant, provided always that the purport of the complaint or demand is suffi- ciently set forth in the writ or in a declaration annexed thereto. 1054. The record of every suit must be remitted by the person in whose custody the same is, to the justice of the peace, upon his order, in cases where there is an appeal from the judgment to the circuit court. 1055. There must be an interva' of at least two juridical days between the day of the service of the summons and that of the return. 1056. On the day of the return of the summons or of the warrant, the justice of the peace who has signed the summons or the warrant may hear and decide the case alone. He may, nevertheless, require the assistance of any other justice of the peace having jurisdiction within the district. 1057* The return'' of service made by a bailiff are given under oath of office. 1058. The justice of the peace or the clerk must take notes of the important parts of the evidence. These notes signed by the sitting justice ef the peace are] part of the record. (1). 1059* The judgment of the court may be executed at the expiration of the fifteen days from 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 coun- cil, or by the council itself, apprehend or arrest at sight all persons found contravening the provisions of any municipal See note under art. 398. CH. II. APPEALS TO THE CIRCUIT COURT. 283 by-law punishable by fine, if it is so ordered by the by-law, and bring them before any justice of the peace to be dealt with according to law. (1) PEACE. ' the peace, in them, accord- speciing sum- I th 3 same are ie affidavit or (lant, provided emand is suffi- fttion annexed emitted by the justice of the B is an appeal St two juridical amons and that ,mons or of the id the summons lalone. le of any other the district, .ailiff are given lust take notes [f the peace are| jxecuted at the liereof. and must, if he iber of the coun- icst at sight all K any municipal TITLE THIRD. APPEALS TO THE CIRCUIT COURT. 1061. (As amended by S. of Q. of 1875, 39 Viet., ch. 29, ». 23, hy S. of Q. of 1878, 41-42 Vict., eh. 10, «. 36, hy S. of Q. O/1880, 43-44 Vict., ch. 28, «. 1, iy .S'. of Q. of 1881, 44- 45 Vict., ch. 22, S. of Q. of 1885, 48 Vict., ch. 28, s. 18.) Any appeal lies to the circuit court of the county or of the district : , 1. From every judgment rendered by justices of the peace in suits brought under the provisions of this code or of muni- cipal by-laws ; 2. From every decision given by a county council, respect- ing any prods -verhnt, made and homologated, or any act of apportionment amended under the authority of such council sitting otherwise than in appeal. (2) (1) In The Corporation of the City of Quebec, and Pich4, Q. B. C, Quebec, 6th December, 18s2, Dorian, C. J., Monk, /iamsapf Cross, and Baby, JJ., 8 L. N.. p. 18, it wan hi*ld that it suflices for a corporation, sued in damages for illegal arrest executed by one of its officers, to show that such officer had a probable cause to make the arrest. Tliat where a commercial traveller not licensed for the sale of goods has been arrested in the act of selling hardware by sample, there was probable cause of arrest, under a by-law of the corpor- ation. (2) In Vinette et al., vs. The Corporation (\f the parish of La Longue Pointe, CO., Montreal, Caron, J., 13 K. L., p. 279, it was liehl that there is no appeal to the Circuit Court from the decision of the county council sitting in appeal on a proc^s-verbnl made and homologated, and that the tribunal even in supposing that this moyen should not be invoked by the parties, ought never- theless to dismiss the action, the procedure being obviously beyond the competence of the Court, procedure is out of its jurisdiction. Held : Jn tho same sense ; C. C, Montreal, 10th March, 1885, Caron, J., Viau et al., vs. The Corporation of La Longue Pointe, 8L. N.,p. 110. In Meunieret al. vs. The Corporation of County of Levis, et al., (C. C, Quebec, 30th September, 1S77, Caron, J., 3 Q. L. K., p. 345, it was held that there is no appeal to tho Circuit Court from a decision of a county council sitting in appeal on a valuation roll. m I 284 MUNICIPAL CODE. BK. III. TIT. III. ■'II t ! •a i: !fc HP I! ■s t 3. From any decision given by a municipal council, in virtue of articles 734, 738, 746, 746a, respecting the valuation roll, whether the decision be rendered by the council, of its own motion, or on complaint produced before it. 4. From every refusal to homologate procia-verbal, by a county council, sitting otherwise than in appeal, and from the dismissal, by any county council or any superintendent, of any petition requiring the opening, construction, enlarg- ing, changing, altering or maintenance either of a road, bridge or water-course which is or should be under the juris- diction. Such appeal lies also whenever the council of a local municipality has neglected or refused to take cognizance of any written complaint made in virtue of article 735, or to obtain the revision and the amendment of the valuation roll in conformity with articles 746 and 746a, within thirty flays after the expiration of the delay in which it might have taken cognizance thereof. The costs of appeal shall be taxed at the discretion of the judge, for or against such of the parties, municipal corpora- tion or couiicillors personally, as he shall deem advisable, and shall be recoverable under a writ of execution issued in the usual manner. (1) In The Corporation of St. Maurice vs. Dufresne, Q. B. C, Que- bec. Dorion, C. J., Monk. Tessier, Cross, and Babpf J J., 10 Q. L. R., p. 227, it was held that under articles 100 and 698 the Circuit Court had juriddiction on an appeal from the county council as to a by-law of the local council, where the county council commits an irregtilaritv. In The Corporation of Ste. Marline vh. The Corporation of St. Isidore, C.C, 1st May, 1886, B^tanger, J., 29L.C.J., p. 240, it was held that there can never be question of res judicata in matters of procks-verbal^ except in a case where it is sought to appeal twice from the homologation of the same proces-verbal or to proceed on the homologation or on the dismissal of &procis-ver- bal already set aside or homologated. (1) In Leclerc vs. The Corporation of Port Jolt, Montmngnv. May, 1886, Angers, J., in C ambers, HR.L., p. 313, it was held tl.ata municipal Corporation has not the tight to confess judg- ment on a petition appealing from a decision of the couneil, by which certain names were struck off the voters lists. That in a case where the council takes on itself to revio-e and correct the list, without any complaint being made, it is not an appeal that must be taken but a procedure en cassation. That a petition for appeal must be presented within the fifteen days alter the review of the lists, and that, such delay elapsed, the judge in chambers is incompetent ra^tone materise. .i*< CH. II. APPEALS TO THE CIRCUIT COURT. 285 1062. The right of appeal also exists from every decision given by a board of delegates under any form whatever, to the circuit court of the county sitting in one of the counties, the corporation whereof the delegates represent or to the cir- cuit court of the district. If the municipalities represented by the delegates are situated in more than one district, an appeal may be brought to the circuit court of any of such districts. 1003. The word judgment employed in the following pro- visions of this title includes also the decisions rendered by a county council or a board of delegates. 1064. (Aa amended by S. of Q. of 1875, 39 Vict., ch. 29, «. 2 and #• 24.) The party who desires to appeal therefrom must within thirty juridical days after the judgment is ren- dered : 1. Give an ordinary notice of such intention to the justice of the peace or to one of the justices of the peace who ren- dered such judgment, or to their clerk ; or at the office of the municipal council, if any municipal council is in question ; or at the office of the council if a decision of a county council is in question, or to the secretary of the board of delegates, if the appeal is from a decision of such board ; 2. Furnish, before the clerk of the court where the appeal is brought, good and sufficient security to effectively prose- cute the said appeal, to satisfy the judgment and to pay the damages awarded, and costs incurred, as well of the inferior court, or the board of delegates, as in appeal, in the event of the judgment being confirmed. (1) In Giroux vs. The Corporation of St Jean Chrysostome, C.C, Quebec, Ist March, 187J>, Meredith, O. J., 9Q. L. K. , p. 267 and 5 (^.L.R., p. !)T, it was held that an appellant, under this article, as amended by 39 V^ict., ch. 29, 8. 23, cannot examine fresh witnesses in support of his appeal. See note under art. 398. In The Corporatum of St. Anne du Bout de J/Tsfe and 7?c- bum, Q.B.G., Montreal, 26th November, 1884. Monk, liamsay, Tesftier and Cross, J.J., 8 L. N.,- p. 67, it was held that if a water- course established by a ^^roc^^-verfrrt/ has the effect of aggravating (considerably) the servitude already supported by the proprietor of a property lower down, such proprietor may sue for the rejec- tion of tixe pro''^s-verbaf, although it has been nomo ogated on an appeal to the county council ; that the homologation of a proces- verttal by the county council does not prevent the usual action en cassation when it orders something contrary to law. See note under art 398. (1) In The Corjjoration of Ste. Philomhie vs. The Corporation 'Mil (■ i i ■ ! : ; ■ ! ^ 1 ^ i i ■ 286 MUNICIPAL CODE. BK. III. TIT. III. 1005. Sureties must, to the satisfaction of the clerk, justify their sufficiency, to the amount of at least one hundred dol- lars, over and above all debts, and under oath, if the cler** deems proper. One surety is sufficient. 1000. The appeal is brought before the court by moans of a writ of appeal, signed by tiie clerk, setting forth that the appellant complains of having been aggrieved bythejueal is from a decision of such board, to transmit the record in the cause. 1007. {Ah amended by S. of Q. of 1875, 39 Vict., eh. 29, «. 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 court, must be served within the thirty dayi: next after the rendering of the judgment, on the respondent (»r 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. of St. Isidore, CO., Sfe. Marline, lat May, 188'>, Mlanger^ J., 29 ij.C. J., p. 240, it was held that where the appellant does not give the security bond required by this article and doos not observe all what it requires, the other par'y must rai*e such objection in limine litis ; that a motion, presented at the hearing of the cause, praying for th«» rejection ot such .appeal on account of irre- gularities, will be rejected as unseasonable ; that the formality of the notice and of the security bond as also the signification of the writ required by art. 1067, are formalities exacted for the benefit of the respondent only, and that this latter must take advantage of the omission of these formalities before proceeding to contes- tation au fond. See note under art. 970. (1) In Cantwell etal. vs. The Corporation of the Counfif ofChu- teaiig uay ettL\.,C.C., tieauharnoltt, 12t i October, 1878, Helanger^ J., 23 L. C. J., p. 263, it was held that the writ of appeal from a de- cision of a board of delegates homologating Rproces-verbal, need not be served on the parties who petitioned for the work, that the writ of appeal must be returned to the Circuit Court on the first day of the term following the expiration cf 40 days after the CH. II. APPEALS TO THE CIRCUIT COURT. 287 :, justify Ired dol- ,ho cler** noiiuH of that the Jie ju.lg- \\v. ]>('ace iidj/jincnt iicil, if a secretary cision of ., eh. 29, clerk or f the day ed within jment, on ;he peace, the same, p decision iry of the question. f/er, J.,29 8 not give ot observe objection g of the ntof irre- nnality of tlon of the be benefit advantage to contes- ity of Chi^ Helanyert from a de- rb(tl, need vork, that lurt on the f6 after the 1068. Between the day of such service and that fixed for presenting the petition in appeal to the court, the justices of the peace, or the secretary-treasurer or secretary, as the case may be, must transmit the record in the case to the clerk of the circuit court, with a certificate testifying that the docu- ments transmitted are all the papers, documents and evid- ence relating to the case. 1069. The execution of the judgment from which an appeal has been instituted is suspended until the decision of decision, that the publication of notices *o convene a meeting by the special superintendent must be stated by a certificate under oath, written cither on the original notice or annext-d thereto, and testimonial proof on tlie appeal is not sufficient ; that the certificate of publication of notices by the secretary-treasurer and by a bailiff under tlieir oath of office is insufficient ; that a proch-verbal of wliich notices are so stated by these officers will he set aside, even though it is proved at the enquite that publi- cation was duly made. In The Corptrratlon of St- Alexander vs. Maillmix et al., (\C., St> Jean, 6th March, 1875, < 'haf/tioii, J. , 7 R. L., p. 417, it was held tliat in the case of a petition of rate-payers of a municipality de- manding the action of ilie council on the appointment of a super- intendent to report on tlie opo8so8sion of the property ; the purchaser from a previous pro- prietor, who has taken possession 'f the property, and whose deed is registered, will not be troubled as to the propt'rty. pos- session and enjoyment thereof by a purchaser at a municipal sale and who has not his title of property register* d and has not taken possession of such property. 11! i^.ii i ii iOi I : 11 t 288 MUNICIPAL CODE. BK. III. TIT. III. the oirouit 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 decision of a county council, or upon the secretary of the board of delofi^ates, if one of their decisions is in question ; in default thereof the judgment may be cir- ried into effect. 1070. {Alt amended by S. of Q. of IST/i, 39 Vict., ch. 29, «. 2.) The writ of appeal must be returned to the circuit court on or before the first juridical day of the term following the expiration of the forty days after the judgment was rendered, in default thereof the appeal lapses. The appellant must produce on the day of the return of the writ of appeal, together with a return of the bailiff establish- ing the necessary services, a petition setting out summararily the title of the cause, the date of the judgment, the notice given, the security furnished, the grounds of appeal, with conclusions praying for the setting aside of the judgment and for the rendering of that which ought to be rendered. (1) 1071* The appeal is hoard and decided in summary man- ner, and no fresh witnesses can be heard unless the appeal is from the decision of a county council or board of doJegates. (0 1072. The judgment can be set aside only when a substan- tial injustice has been committed, and never by reason of any trifling variance or informality. If objections are raised which do not affect the merits of the cause, the court may amend the procedure, which is thereupon executed as though it had been regular in the first instance. 1078* If the judgment is confirmed, the record in the cause, together with a copy of the judgment deciding the appeal and a certificate of the costs allowed on the appeal, must be 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 instituted has been rendered by a county council, or by a board of dele- gates, the costs are levied under the authority of the court which pronounced on such appeal. (1) See note under art. 1061. I has boon ioe.s of the oounoil if »r upun the r decisions lay be o ir- irouit court lowing the 8 rendered, >turn of the f establish- ttnmararily the notice )peal, with lg:nent and red. (I) imary man- le appeal is delegates. a substan- |ason of any merits of which is in the first »rd in the Iciding the Ihe appeal, ow, under jding those instituted rd of dele- the court OH. II. APPEALS TO THE OIRODIT COURT. 289 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 judg- ment pronouncing on the appeal is carried into effect under the authority of such court. (1) 1075* Every appellant who neglects to make the service required by article 1867, or, who having made the same, neglects effectually to proseouto the appeal, is deemed to hnve 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. 1076. The sureties are bound to satisfy the judgment under penalty of seizure and execution, and in the same man- ner as the principal party, fifteen days after service of the judgment upon them. 1077* 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. (2) 1075. No judgment, decision or conviction susceptible of appeal under this title, and no judgment or conviction ren- dered by a district magistrate, can be removed by certiorari to the Superior or Circuit Court. (3) (1) See note under art. 274. (2) In The Corporation of the County of Drummond vs. The Corporation of the Parish of St.GuillaumeJS.Ct Arthahaska, 23rd May, 1873, Taachereau, J., 4 R. L., p. 706, it was held that, under art. 1077, M. C, there is no appeal from judgments rendered by t^e Circuit Court in municipal matters ; That evocation can be made from the Circuit Court to the Su- perior Court, in virtue of art.1058, C. C. P., only in cases where the appeal w^ould be allowed under art. 1054 of this Code, and that, if the present case was well instituted before the Circuit Court, an appeal does not lie nromthe judgment of said Court. In The Corporation f Quebec vs. I^arrf, S. C. R., ^««6ec,30th September, 1885, Casauff, f'aron and AndreWf^J. J., 11 Q. L. R., p. 222, it was held that notwithstanding the provisions of this article an appeal lies to the Court of Iteview from a judgment of the Cir- cuit Court on municipal taxes, provided the amount claimed for exceeds $100. (3) Held :— That although the writ of certiorari is taken away by the Agricultural Act, still the writ lies if the conviction mention, no reason for which it was made. (8. C, Montreal, 29th April, 1871, Torrance, J., ex parte Lalonde for Certiorari, I Revue Critique, p. 476.) L li m ''I f 290 MUNICIPAL CODE. BK. III. TIT. III. !: I 1079* All the documents produced by the county council or by the board of delegates must be transmitted to them after the judgment in appeal is rendered, together with a copy of such judgment. Exceptional ProvtStonffm 1080. (As amended by S. of Q. of 1878, 41 Vict., ch. 18, ». 38, bij S. of Q. of 1881, 44-45 Vict., ch. 22, «. 6, by S, of Q. of 1882, 45 Vict., ch. 35, s. 33, and by S. of Q. o/ 1886, 49-50 Vict.^ ch* 21, 8. 4.) In the municipality of the town of Sherbrooke, in the local municipalities of the counties of Compton, Stan- stead, Brome, Missisquoi and Richmond, excluding therefrom the municipality of St. George of Windsor, and in those of the county of £h«)fford, excluding the municipalities of Mil- ton and Koxtor;, and the municipality of the township of Leeds, in the county of Megantic, and the county of Hun- tingdon, except the municipality 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 passed to that end under article 52r>. The councils of these municipalities may, by a by-law or resolution, ordain that the tax imposed for such works be commutable into statute labor, according to a scale or taritT at a fixed rate. The councils of such municipalities may make such pro- vision as they deem the most equitable for the oiaking and maintenance of the fences along municipal roads, or for or- dering that such fences and all those making an angle with the fences of ernch municipal roads, for a distance of twenty- five feet, be, during part of the year, kept down within twelve inches of the ground. Such by-laws or orders may be put into force, as the coun- cils may deem most equitable, either by compelling the pro- prietors of the adjacent lands to make such fences or to take them down as aforesaid, or in any other manner. These provisions do not apply to quick-set hedges, to picket fences, or those at a greater distance than twenty-five feet from the road, nor to those which cannot be taken down or replaced without great expense. The councils of these municipalities may, by proc^t-vcrbal, define the time during which any by-road shall be built, without it being obligatory on the corporation to build any particular part of such road in any special time. CH. II. APPEALS TO THE CIRCUIT COURT. 291 aty council Bd to them ther with a (. , ch, 18^ 8. S. of Q. of 49-50 Vict. J Sherbrooke, pton, Stan- g therefroiu in those of ties of Mil- township of ty of Hun- St. Anicet, 3uted at the 1 if a by-law a by-law or ch works be ale or tariff such pro- taking and !, or for or- angle with of twenty- >wn within ^s the coun- fng the pro- or to take ts, to picket jty-five feet len down or Y>c^H'Vcrhal, il be built, build any 1081. {As amended hi/ S. of Q. o/1871, 35 Virt., ch. 8, ». 9, % S. ofQ, o/l872, 36 Vict., ch. 21, *. 33, mulch. 30, nndhy .y. of Q. of 1874, 37 Vict,, ch. 43, «. 7, and bij S. of Q. of 1883, 47 Vict., ch. 42, s. 1.) The councils of the following local municipalities possess the functions and powers conferred upon county councils, in addition to those conferred upon local councils, and they do not form part of the county muni- cij)alif ics within which they are situated. The municipality of the parish of St, Pierre de la Pointe ati.c Esquimaux ; ' " ^ The municipility of Ste. Anne des Monts, and . . ? . The township of Sf. John ; The municipality of llC'berfville; The municipality of Roberval, and every municipality formed hereafter to the west of the townships of Kenogami and Lartigue, in the county of Chicoutimi, so long as there are not five municipalities to the west of such limits; The municipality of Tadousac, and the municipality of Es- coumins, in the county ofSaguenay ; * The municipality of I'lsle aux Coudres, in the county of Ci.Hrievoix ; and The municipality of Crane I<, Sweetsburghj 11th Julv, 1877, Dunkin, J., 9 K. L., p. 289, art. 21, L. G. J., p. 182, it was held the License Act of Quebec, 34 Vict., ch. 2, and the municipal code, 34 Vict., ch. 68, have not repealed the Temperance Act of 1864. In Sauviva. The Corporation of the county of Argenteuil. G.G., Lachutej I5th September, 1876, 21 L. G. J., p. 119, it was held that the municipal code of th^ province of Quebec has not totally abrogated the provisions of the Temperance A«'.t of 1864. In D€iou»t vs. ProulXf Magistrate's Court, Ste. ScholastiquCf 10th Mar h, 1885, de Montigny, Magistrate, 7 R. L., p. 3l7, it was held that the municipal code does not abrogate ch. 26 of the G.S. L. G.fbut only in so far as it concerns corporation created since the code, that damages suffered by animals and penalties imposed bjr that statute may still be claimed by the same action, that the oh. 26 G. S. L. G. is abrogated only as to the animals which are impounded and t'6r which the munisipal code has special provisions. I: \ ;oTerned by the time of n all cases : ixpressfy or atrary to or )d ; — and in ,e particular matters and 3ode» F.nd to ring a retro- ut this code, lings remain to them only y to be fixed souncil ; and f any law to from section massed in the all be known i Code of the >/ Missisquoi . R., p 17), it ocal councils, ;ating liquors. Brome, CC^, p. 289, art. 21, jbec, 34 Vict., not repealed enteuil. G.C., was held that 18 not totally 1864. Scholastique, p. 317, it was ch. 26 of the ■ation created lid penalties same action, the animals lal code has APPENDIX. FOEMS. No. 1. Forms in connection with articles 108, 144, 174 and 366. OATHS OP OFFICE. Province of Quebec, Municipality of I, A. B., having been duly appointed (councillor, mayor, warden, secretary- treasurer, auditor, valuator, road inspec- tor, rural inspector, a« the cane may he) of this municipality, make oath that I will well and faithfully discharge the duties of my office, according to the best of my judgment and ability. So help me Ood. A. B. Sworn this day of the month of 18 at (place) before me the undersigned, (warden, mayor or justice of the peace.) J. U. Province of Quebec, Municipality of We, A. B., G. D., E. F., G. H., having been duly appoint- ed (coun'*\llors, auditors, valuators, road inspectors, rural inspectors, a« the ca»e may be) of this municipality, make oath, each of us for himself, that we will well and faithfully discharge the duties of our office, according to the best of our judgment and ability. So help us God. A. B. C. D. E. P. O. H. Sworn, etc. J. U 1 I: iffi 3 , HI if ! - ■? i ill HI •i; i y.»,v 296 To Sir, MUNICIPAL OODB. No. 2. Form in conneotion with article 224. 8PICIAL NOTICE IN WBITINO. Province of Quebec, Municipality of Joseph B. {style,) Special notice is hereby given yon by the undersigned, L. M., (nam* and ttyle of the undersigned,) that (the object of the special notice.) Given this day of the month of eighteen hundred his L. M. {tyie,} or U\M. mark affixed in presenoe of N. 0. Witness. No. 3. Special Notice, convening a special session of the eouncil|in connection with article 126. To Province of Quebec, Municipality of 0. P., C. J., P. Q., M. N., etc., councillors. Gentlemen, Special notice is given you by the undersigned, A. B., (war- den or mayor or secretary-treasurer, or by the undersigned, N. 0. and G. D. councillors,) that a special session of the coun- eil of this municipality is reby convened by me (or by us) to be held at the usual pi of the sittings of the counci^t, on the of {month) instant, (or next,) and that the following subjects will then be taken into con- sideration, vis. : (Orders of the Day.) Given this day of the month of eighteen hundred A. B. 1 N. 0., councillor. it^le), or ] C. D., oounoillbr. 4. beo, ndersigned, he object of eighteen presence of Witness. jsion of the ebeO) ..B., (war- Indersigned, »f the ooun- (or by us) loounci^y on L (or next,) In into con- eighteen APPENDIX. 29T No. 4. Notice of the adjournment of a session ; form in connection with article 139. 0. P., councillor, Proyinoe of Quebec^ Municipality of To Sir, Special notice is hereby given yon, by me, N. F., secretary, treasurer, that the general (or special) session of this council held on the has been adjourned from the absence of a quorum, until the by D., B. and F. O., councillors, in conformity with article 139 of the muni- cipal code of the Proyince of Quebec. Given this day of the month of eighteen hundred N. F., Secretary-treasurer. No. 5. Special notice given to several persons at once. Prcvince of Quebec, Municipality of To 0. P., councillor, C. J., councillor, P. Q., councillor, B. L., councillor, M. N., valuator, etc* Gentlemen, Special notice is hereby given you by me, N. J., (8tyle,y that (^object of the notice^ etc.) Given this day of the month of eighteen hundred N.J. {at^le). m ^uncillor. >anoiUbr. *s li PI 1 298 MUNICIPAL CODE. No. 6. Form in oonneotion with ariioles 219 and 220, 226 and 260, or 230. CBBTIFIGATE OF THE SERVICE OP A SPECIAL NOTICE IN WRIT- ING. Provinoe of QnebeOi Municipality of I, the undersigned, A. J., (style) domioilod in (domiciW) certify under my oath of office, that I served the speoial notice in writing on the other side hereof (or annexed to these presents) upon {name of the pergon to whom the notice «« addreeeed), by personally delivering to himself a copy thereof,— or by delivering it unto a reasonable person of hit domicile, or of his place of business, — or by delivering it tin to R. S., his agent duly appointed, or to a reasonable per- son at the place of business of R. S., his agent duly ap- pointed,—- or by depositing a copy thereof, in the post office of this locality, in an envelope seal'^d (and registered, the postage prepaid, ee« 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 rea- sonable person in such domicile) between and o'clock in the on day of the month of eighteen hundred (If the notice t» addressed to and served upon several per- sons, 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 of Y. Z., Witness. ill t' ; ■ -ft: ■ 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 eay : that I served the with- .i L APPENDIX. 299 9 and 220f I IK WBIT- beo, (domicile') the special annexed to I the notice lelf a copy arson of his elivering it lonable pet- it duly ap- e post office istered, the ixing a copy is domicile, ind any rea- o'olock I of several per- is day of the in presence itness. in special notice in writing (or the special notice in writing hereunto annexed) apon (a« get forth in the preceding form.) In testimony whereof, I give this certificate, this day of the month of eighteen hundred his P. T., (ttyle), or P.J T. mark, affixed in presence of N. 0., Witness. Sworn this day of 18 at (place) before me, the undersigned. Justice of the Peace (or Warden, etc. H. P., Justice of the Peace. 18) Jd, I No. 8. Form in connection with article 232. PUBLIC NOTICE. Province of Quebec, Municipality of To (the persona to whom notice it given) Public notice is hereby given by N. B. (style) that (the object for which notice ie given, and time and place in which the pereone summoned to comply with the notice must do so.) Given this day of eighteen hundred his N. B., (atyle)^ or N. f B. mark, affixed in presence of N. 0., Witness. No. 9. Form in connection with article 692. ^1 > % lebec, n (domicile) 'ed the with- PUBLICATION OF A MUNICIPAL BT-LAW. PUBLIC NOTICE. Province of Quebec, Municipality of To the inhabitants of the municipality of Public notice is hereby given by A. B., secretary-treftsarer ; >n 1 1 I i hi 300 MUKICI^lL tIbDE. That the oonnoil of this mniiioipality, at a session {intert here the heading of the by-late) has passed a by-law respecting (object of the by-law, and the day of ita entry into effect, if it entere into force at a time fixed in ite provitiona.') (If the by-law has beenieubmitted for the approbation of the municipal eleetora and of the lieutenant-governor in council add — ) And that such by-law has been submitted for the approval of the municipal electors of the municipality, and for that of the lieutenant-governor in council, in conformity with ai'ticle— of the Municipal Code, and has been approved by them, in the manner prescribed by the said Code, to wit, by the municipal electors at a poll held on the day of the month eighteen hundred Given this day of the month of eighteen hundred N.^B., Secretary-treasurer. No. 10. 'Form in connection with article 102. PUBLICATION OF ANT ORDEB OF THE COUNCIL OTHER THAN A BY-LAW. PUBLIC NOTICE. Province of Quebec, Municipality of To the inhabitants (or other persona) of the municipality of Public noiiee 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 paaaed by the council, with ita preamble,) Given this day of the month of A. B., Secretary-treasurer. No. 11. Form in connection with article 220. OBRTIFICATR OF PUBLICATION OF A SPECIAL NOTICE. Province of Quebec, ^^^^ Munic ipality of APPENDIX. 301 esflion {intert ifcw respecting ito effect, if it .) obation of the lor in council • the approval and for that iformity with approved hy de, to wit, by day of eighteen B.. treasurer. le 102. )THEB THAN A f Quebec, municipality ary-treasurer, Lition : 'der passed hy treasurer, le 220. NOTICE. f Quebec, of {or of the township of,) certify, under my oath of office, that I published the within public notice {or public notice hereunto annexed) by posting up a copy thereof, at each of the following places, viz. : (jolaees where the notice wae posted up. ) {If it was read in conformity 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 forenoon, on the day of the being the Sunday nekt 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.) No. 13. OBRTIFIOATB GIVEN UNDER SPEOIAt OATH. Province of Quebec, Municipality of I, the undersigned, N. 0., {style,) domiciled in {domicile,) being duly sworn, do depose and say that I have published the public notice hereunto annexed {or the within public notice), by posting up a copy thereof at each of the following places, viz. : (places where the notice was posted.) (If the notice was read in conformity with article 234, add : and by reading the same, or causing the same to be read in a clear and intelligible voice, at the close of divine service on the day of the being the Sunday next after the day of the posting of such notice as aforesaid.) In testimony whereof, I give this certificate this day of the month of eighteen hundred his N. C. '{style,) or N. f C. mark, affixed in presence of N. 0., Witness. Sworn this day of tho month 0f ■ 18 at (place) before me, the undersigned, A. 6., justice of the peace (or warden, ete.) A. B. i ■ 1 J ■ i ' M f •^ ! f i : f, *■: ■Ji . > in 1 ^ 302 MUNICIPAL CODE. MUNICIPAL BY-LAWS. Ko. 13. By-law of the county council passed at a general sesBion. By-law No. Province of Quebec, Municipality of At a general session of the municipal council of the county of held at {place) in this county, on Thuraday, 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 the warden, A. B., mayor of the municipality of the parish of and the following councillors, G. D., mayor of the municipality of the parish of E. F., mayor of the municipality of the village of and H. J., mayor of the municipality of the town of forming a quorum of the council, under the presidency of the warden of the council (or of C. D., councillor, in the absence of the warden). It is ordained and resolved by by-law of the council as follows : 1. [Provtaion of the by-law."] 2. do 8. do [Seal,] A. B., Warden, or C. D. (President). 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 [name of the pariah or totonahip'] held at (place) in the said on 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, CD., E. F., G. H., forming a quorum, under the presidency of Mr. APPENDIX. 303 general lebeo, the connty iradajf, the •ed >al Code of resent the parish of lyor of the lyor of the ., mayor of I a quorum den of the Qce of the council as esident). tral session Quebec, of [name of on e provisions ;c, at nrhich illorSjC.D., ency 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-lato.2 2. fio 3. do [Seal.] A. B. or C. 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 peraont toho have convened the «e««to») and hold at (.place) on 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 were present, Mr. Warden (or Mr. Mayor,) A. B., and the councillors C. D., E. F., and G. H., forming the quorum of the council, under the presidency 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, aa follows ; etc. BB80I.UTI0N OF THB GOUMCIU No. 16. — Form. Province of Quebec, Municipality of At the session, etc., (.same preamble as in the cate of muni- cipal by-laios, unto the following loordt :) It is ordained and resolved by resolution of the council, as follows : 1. (^Provisions of the resolutions.^ 2. ditto, iSeal,) A. B., or C. D. (Warden or Mayor.) President. li Ill I Jl A 804 MUNICIPAL CODE. No. 17. Form in connection with article 149. BUBETT-BOND OF THE SEGBETART-TBlASUBEB TAKEN SOUS SKING PRIT^. Province of Quebec, District of County of Whereas I, A. B., have been appointed secretary-treasurer of the municipal council of in the district of in the county of and whereas, in conformity with the pro- visions of the municipul 30€!e of the province of Quebec, we, C. D., (^atyle and domicile,') and E. F., i.ntyle and domicile,) have been approved of and accepted as the sureties of the said A. B., for the payment of all sums of money, for which he, the said A. B., may, in his quality of secretary-treasurer, be, by himself, or by any person for whom he is responsible, accountable towards the "corporation of {name of the cor- poration) " or towards any other person, including principal, interest and costs, as well as penalties and damages, to which he may become liable in the exercise of his office. Know all men by these presents thi : %t;,cLo said A.B.,C.D, and E, F., jointly and severally ackn or ieuge ourselves firmly bound to repay and reimburse to " the corporation of (name of the corporation) ** all sums for which the said A. B., by himself or by any other person for whom he may be responsi- ble, may, in the discharge of his office, become accountable towards the corporation or any other person, in principal, in- terest, costs, penalties or damages i and for surety of the payment of such sums well and truly to be made, we do spe- cially hypothecate for the sum of dollars the properties hereinafter mentioned, viz. : the said A. B. a piece of land (description of the immovable accepted by the council), and the said C. D. a piece of land (description of immovable). Now the condition of this surety-bond is, that if the said A. B. do at all times well and faithfully discharge the function and duties of the office of secretary-treasurer, to which he has been appointed, and accounts for, pays, or hands over to the said corporation, or to any other person, any sums of money for which he himself or any person for whom he is responsible during the holding of his office, is accountable, towards such corporation or person, in principal, interest, costs, penalties it APPENDIX. :n sous -treasurer ►f in li the pro- aebec, we, domtcile,^ ies of the for which ■treasurer, ssponsible, jf the cor- principnl, i, to which A.B.,C.D, Ives firmly of (name A. B., by responsi- ccountable ncipal, in- ty of the we do spe- )ropertie8 ice of land I), and the le said A. e function ch he has ver to the of money esponsible ards such , penalties :e or damages, then this bond shall be null ; othorwise it shall remain in full force and virtue. Witnesses , (Name of Witnesses) G. H. J. H A. B. C. D. E. F. OATHS OP 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, malice 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 persons and properties of Her Majes- ty's i!ol commis- 1 the school lity, situate tion roll for Y resolution made at the e municipal id with the ) amount, so reasurer for I., ch. 15, 8. bool corpor- the office of m, he must issioners or } must order ed funds at bed for that , they must forauthori- ae, and this of the Con- of 1876, 40 !uch special Y the school assessment 'ed for com- ion of rates. \ If the superintendent does not furnish the authority within fifteen days from the time when it shall have been demanded ft'om him ; or if the amount of the special assessment which he has authorized to be levied has not been collected ; or if school commissioners or trustees have not proceeded to com- plete this roll within the fifteen days following the date of the authorization by the superintendent ; or if the school com- missioners or trustees refuse or neglect in any manner to proceed with completion of the roll, to impose the vote or to collect it in whole or in part, then, in any one of these cases the judgment creditor, and of one or more* affidavits to the satijfaotion of the tribunal of judge, establishing proof of the now performance of one or other of the provisions indicated in the present subsection, may obtain the issue of a writ of execution against the school corporation in default. (S. of Q. of 1876, 40 Vict., oh. 22, s. 14, § 2.) The Court which has rendered the judgment, or a judge of this Court, may, on petition, grant to the superintendent or to the school commissioners or trustees, the delay deemed necessary by the Court or judge for completing the special assessment roll, or for levying the sums of money specified therein, or for any other object connected with this special assessment and collection roll. (Id. ch. 22, s. 14, § 3.) Such writ of execution is addressed and delivered to the sheriff of the district in which the school municipality in question is situated and enjoins him : a. To levy from the school corporation, with all possible despatch, the amount of the debt with interest, and the costs as well of the judgment as of the execution ; b. In default of immediate payment by the corporation, to seise and sell any moveable property, if any there be held by it, and any real estate belonging to it upon which the judgment creditor may have a privilege or a hypothec, and of which the seizure and sale may be ordered by this judgment. (Id. s. 14, §. 4.) In the event of there being no real or personal property belonging to the said school corporation to be seized and sold, or in the event of any such proprety being insufficient to satisfy the judgment ; on the propuction of the return of the sheriff to the Court to that end, after homologation of the judgment of distribution, establishing its insufficiency on alias writ of execution may be issued against the said school cor- poration in default, addressed to the sheriff, and enjoining liii ** Ti I' 1 iii '• :! I SJl ^ .1^ I 3U PUBLIC EDUCATIONAL LAWS. him to levy from the sohool corporation the amoant of the balanooi as the ease may be, of the debt, and with interest and costs, including those of the jugdment, the subsequent costs incurred, by apportioning the sum required on all the rateable real property in the school municipality, liable for the jugdment, in proportion to its value ; to exact and collect the assessment laid by him ; and to make a return to the Court of the amount levied and of his proceedings, as soon as the amount of the debt, interest and costs has been collected, or from time to time, as the Court may order, (/i. s. 14, § 5.) The sheriff shajl procure a copy of the valuation roll in force from the secretary-treasurer of the local municipality in which the school municipality is situated, on payment of the usual fee ; and on refusal or neglect of the secretary- treasurer to furnish such copy, the sheriff is authorized to take possession of the valuation roll and to make a copy and to cause one to be made. If he cannot obtain the valua- tion roll, or if none exists, the sheriff shall proeeed te make a valuation of the assessable property himself. {Id. s. 14, § 6.) The fees and costs of the sheriff on the execution of the said writ of execution are fixed by an order of the Court or of a judge thereof; and such fees and costs with all legitimate dis- bursements are added to the amount to be levied, (/i. s. 14, §7.) The sheriff shall proceed to apportion the sum to be levied on all the rateable real prv>perty in the school municipality, in proportion to its value by the co|>y as the valuation roll in force, or by the valuation made by himself of the case may be ; and he shall make a special assessment roll of sueh apportion- ment. {Id. s. 14, § 8.) The sheriff shall publish such special assessment roll in the manner required by s. 84, of ch. 15 of the C.S. L. C, and by s. 13, of the present act ', and on the day fixed for such purpose shall hear and decide all complaints, made either in writing or verbally by the rate payers, and shall make, in accordance with the said section, such amendments to the special assessment roll as he may deem right, and the special assessment shall become payable at the sheriff's office at the expiration of the delay of thirty days. {Id. s. 14, § 9.) After the expiration of twenty days from the said delay of thirty days, the sheriff shall exact and levy the amount entered on the special assessment roll. {Id* s. 14, $. 10.) i I BXTRAOTS PROM STATUTES. 313 nnt of the h interest lubsequent on all the liable for tnd collect irn to the as soon as tcoIlected» 8. 14,§ 5.) on roll in inioipality payment of seoretary- borized to h copy and the valua- te make a s. 14, §6.) of the said urt or of a -imate dis- (/d. 8. 14, i be levied nioipality, tion roll in ie may be ; apportion- ent roll in L. C; and d for such e either in make, in nts to the he special &ce at the §».) d delay of e amount |. 10.) The sheriff shall make a demand of payment of the un- ooUeoted special rates, by causing to be served upon the rate-payers in default a special notice with a statement of the sums due by them respectively, in the manner mentioned on the ninth sub-section of section 13 of this art. (Id. s. 14, §11.) If after the fifteen days next following the service of such special notice the sums due and specified therein have not been paid, with the costs incurred thereby, the sheriff shall issue a warrant of distress to a bailiff, who shall execute the same in the manner prescribed by sub-sections 11, 13, 14, 17, 18, 19, of the s. 13 of this act, but the bailiff shall pay the proceeds of the sale made by him to the sheriff instead of to the secretary-treasurer. Any rate-payer and any person may make an opposition to such seizure or sale or to the payment of the proceeds thereof, for the causes, in the manner and to the ends mentioned in paragraphs 15, 16, 17 and 18, of the Id. s. 14, $ 12. The sheriff shall collect the unpaid assessment of the resi- dent rate-pjiyers, from whom it has been impossible to collect by distress on their goods and chattels, and those of non-resi- dent rate-payers by the sale and adjudication made by him of their lands, for the amounts for which such lands are respect- ively liable on the first Monday of the month in any year, in the manner and according to the rules laid down for the sale of real estate for arrears of municipal taxes, and with the same effect, after having given himself or caused to be given the publications and notice required to be given by the sec- retary-treasurer of the county council. (/(f« s. 14, § 13.) If any land advertised to be sold by the sheriff is advertised to be sold on the same day by the secretary-treasurer of the county, the latter cannot sell the land, but must forthwith transmit to the sheriff a statement of his claim and costs, which the sheriff shall levy with the special assessment, and shall hand over to the secretary -treasurer. (S. of Q. of 1876, 40 Vict., ch. 22, s. 15.) The redemption of lands sold by the sheriff shall be affected with him ; and in default of such redemption he shall give the deed of sale. {S. of Q. of 1876, 40 Vict., ch. 22, s. 16.) li' '^i li w l\ 1 ^ ■ t -^ 1 11 i If! V, II f JURORS AND JURIES. S. of Q. of 1883, 46 Vict. oh. 16 and its amendmenti. M '< QUALIFICATION OF GRAND JUBOBS. 1. Subject to the exemptions and disqualifications herein- after provided for the following persons are qualified to act, and snail, when duly chosen and summoned, be bound to serve as grand jurors, namely : 1. Every male person resident in a town or city, containing at least twenty thousand inhabitants, or in the baulieu thereof, who is entered upon the valuation roll of such town or city, as proprietor of moveable property of a total value above three thousand dollars, or as occupant or tenant of im- moveable property of the annual value above three hundred dollars. 2. Every male person, resident within the limits of any municipality in counties of Bonaventure and Gasp4, and entered upon the valuation roll as proprietor of immoveable property of a value above one thousand dollars, or occupant or tenant, for an annual value above one hundred dollars ; and 3. In all other parts of the Province, every male person resident within the limits of any municipality, any part whereof is situated within thirty miles of the place of hold- ing the court in the district in which he resides, who is entered upon the valuation roll of such municipality*, as proprietor of immoveable property of a total value above two thousand dollars, or as occupant or tenant of immoveable property of the annual value of above one hundred and fifty dollars. €t QUALIFICATION OF PETIT JUR0B8. t» 2. Subject to the exemptions and disqualifications herein- after provided for, the following persons are qualified to act, and shall when duly chosen and summoned be bound to serve as petit jurors : 1. Every male person, resident in a town or city, contain- ing at least t'/7enty thousand inhabitants, or in the baulieu thereof, who is entered upon the valuation roll of such town or city, as proprietor of immoveable property of a total value of at least twelve hundred dollars, but not more than three w. r EXTRACTS FROM STATUTES. 315 ment0« ions herein- ified to act, be bound to ■f containing the baulieu f Buoh town total value snant of im- tree hundred imit8 of any Gaspd, and immoveable , or occupant Ired dollars ; male person ty, any part ace of hold- lides, who is aicipalit/, as value above immoveable red and fifty thousand dollars, or as occupant or tenant of immoveable property of the annual value of at least one hundred but not more than three hundred dollars. 2. Every male person, resident within the limits of any municipality in the counties of Bonaventure and Gasp^, and entered on the valuation roll as proprietor of a total value of at least one hundred dollars, and not more than one thousand dollars, or occupant or tenant for an annual value of at least forty dollars and not more than one hundred dollars ; and 3. In all other parts of the province, every male person, resident within the limits of any municipality, whereof any part is situated within thirty miles of the place of holding the court in the district in which he resides, who is entered upon the valuation roll of such municipality, as proprietor of im- moveable property of a total value of at least one thousand dollars, but not more than two thousand dollars, or as occu- pant or lessee of immoveable property of the annual value of at least eighty dollars, but not more than one hundred and fifty dollars. ** DISQUALIFICATIONS." S. The following persons are disqualified from serving as grand or petit jurors respectively : 1. Persons who are not qualified as such under the forego- ing provisions of this act ; 2. Persons below the age of twenty-one years ; 3. Persons afflicted with blindness, deafness or any other physical or mental infirmity incompatible with the discharge of the duties of a juror ; 4. Persons who are arrested or under bail upon a charge of treason or felony, or who have been convicted thereof ; 5. Aliens. i if' lit tions herein- aified to act, v'>und to serve city, contain- the baulieu of such town a total value e than three ** EXBMPTIONS.*' 4* The following persons are exempt from' serving as jurors ; 1. Members of the clergy j 2. Members of the Privy Council or of the Senate, or of the House of Commons of Canada, or persons in the employ of the Government of Canada ; 3. Members of the Executive Council or Legislative As- sembly of Quebec, or persons in the employ of the Govern- ment of Quebec or the Legislature of this Province ; lUu [ \ 316 JURORS AND JURIKS. t I II'' m it 11 ,1 Hi. i i i 'A • :,H 4. Judges of the Supreme Court, of the Court of Queen's Bench and of the Superior Court, judges of the Sessions, dis- trict miigidtrates and recorders ; 6. Officers of Her M^esty's Courts ; 6. Registrars ; 7. Practising advocates and notaries ; 8. Physicians, surgeons and apothejaries, practising ':* e profession ; 9. Professors in Universities, Colleges, High Schools or Normal Schools, and teachers ; 10. Cashiers, tellers, clerks and accountants of incorpor- ated banks ; 11. Clerks, treasurers, and other municipal officers of the cities of Quebec and Montreal ; 12. Officers of his army or navy on active service j 13. Officers, non-commissioned officers, and privates of the active militia ; 14. Pilots duly licensed ; 15. Masters and crews of steamboats and masters of schooners, during the season of navigation ; 16. All persons employed in the running of railway trainr 17. All persons employed in the working of grist mills ; 18. Firemen ; 19. Persons about sixty years of age ; 20. The persons mentioned in section twenty-three of the act fourth and fifth Victoria, chapter ninety, to wit, the mem- bers of the council and of the Board of Arbitration of the Montreal Board of Trade. 5« (-4» replaced by S. of Q. of 1885, ch. 17, ». 1.) Whenever it is the duty of the sheriff to renew the lists of jurors, the clerk or secretary-treasurer of every municipality is obliged, whenever the said sheriff so requires it to him in writing, to deliver gratuitously, within the month following such demand, an extract from the valuation roll in accordance with form A, containing the names of all persons inscribed on such roll, domiciled in the municipality, being qualified as grand and petit jurors. 6. {As replaced by S. of Q. of 1885, 48 Vict.f ch. 17, ». 1.) Every year, during the month following the homologation or revision of the valuation roll in any municipality situated wholly or partly within thirty miles of the place in which is held the Court of the district in which such municipality is situated, it is the duty of the clerk or the secretary-treasurer EXTRACTS FROM STATUTES. 317 r Queen's iop8, dis- aing ',' e lohools or inoorpor- srs of the • btes of the ijEiflters of ay trainr mills ', iree of the the mem- on of the 7, •. 1.) le lists of nicipality to him in following iccordance inscribed ualified as 17, ». 1.) ogation or situated which is jipality is treasurer (when the extract above mentioned is not asked for by the sheriff) to deliver to the latter gratuitously a supplementary list, in accordance with form B, containing : a. The names of persons who have since the last extract or supplement become qualified as jurors ; 6. The names of all persons who, to his knowledge, have, since the forwarding of the last extract or of the previous supplement, deed, or No longer reside within the limits of the municipality, or Have become disqualified or exempt from serving as jurors ; and e. The names of all persons erroneously entered upon or omitted from previous extracts or supplements. d. In giving the names of the persons, who have ceased to be jurors since the last extract or previous supplement, the clerk or secretary-treasurer shall identify them correctly by indicating their status, amount of assessment and domicile, when their names were for the first time forwarded to the sheriff at the time of the extract or since. 7* The clerk or secretary-treasurer shall ascertain, by en- quiries and all other necessary means, when the valuation roll is being prepared, what persons within the municipality are disqualified or exempt from acting as jurors, and he shall not, knowingly, under penalty of a fine of not less than one, nor more than twenty dollars for each name, include in any extract or supplement to be furnished to the sheriff under this act the name of any person so disqualified or exempt, un- der sections three and four of this act. 8. Such extract and supplement shall give : 1. The name or the names and surnames of the persons en- tered therein ; 2. Their occupation ; 3. Their domicile ; 4. The amount for which they are assessed as proprietors, occupants or tenants ; and 5. All the details and information required to establish their identity. For the purpose of this section, as well as for these of this I act, the clerk or secretary-treasurer shall be considered to bo I an officer of the court. 9. (^« replaced by S. of Q. of 1885, 48 Vict., ch, 17, ». 2.) In the extract delivered to the sheriff the name of same per- son should appear pnly once as a juror. ■¥ v; I I!! ■\ ■ kl 318 JURORS AND JURIES. i i iit 11. The clerk or secretary-treasurer shall make and keep, among the records of his office, and open gratuitously, to public inspection, a duplicate of every extract or supplement which he furnished to the sheriff, as aforesaid. 12* Every such contract or supplement shall be accom- panied with an affidavit of the clerk or secretary-treasurer, in the form C annexed to this act made and signed by him before a justice of the peace, and testifying under oath to his belief in the correctness of the said extract and supplement, and of the information therein furnished. 13* The clerk or secretary- treasurer is entitled to receive from the corporation or municipal council of which he is the officer, upon production of the sheriff's certificate, that sucL extract or supplement is made in the manner prescribed in this act, the sum of five cents for each name entered by him in such extract or supplement, and fifty cents for e/ery ne- cessary affidavit made by him. 14. (Aa replaced by S. of Q, of 1885, 48 Vict.y ch 17, ». 4.) Before delivering to the sheriff an extractor supplement, the clerk or secretary-treasurer of the municipality shall give a public notice to the effect : 1st. That such extract or supplement shall be submitted to the consideration of the municipal council at a general or special meeting of the council called for that purpose ; 2ndly. That the persons who have a right to be exempt from serving as jurors in virtue of the, must ascertain from the clerk or secretary-treasurer that their names have been struck from the extract or supplement. 2. Such notice shall be published fifteen days before the meeting of the municipal council, in the following manner : 1st. The cities and towns it is published twice a week dur- ing two consecutive weeks, in a newspaper published in the French language and in a newspaper published in the English language, or in both languages on the same newspaper pub- lished in the locality ; 2ndly. In all other parts of the province it is published in the manner prescribed by the municipal code, for the publi- cation of public notices. 3. The said municipal council shall, at the meeting con- vened as aforesaid, examine the extract or list, make all corrections therein as it deems necessary, and approve the same, after having ascertained, with a4l possible care, that the names of all persons who are disqualified or exempt fromj serving as jurors are not therein entered. EXTRACTS FROM STATUTES. 319 I: Ice and keep, tuitously, to ' supplement ill be accoin- -trea?urer, in by him before I to his belief ement, and of led to receive liich he is the ate, that sucL prescribed in itered by him for e/ery ne- ., ch 17, ». 4.) pplement, the ty shall give a be submitted iit a general or urpose ; 36 exempt from srtain from the ive been struck ays before the eing manner : ice a week dur- iblished in the in the English ewspaper pub- is published in for the publi- e meeting con- list, make all id approve the sible care, that r exempt from I In testimony of such approval, the extract or supplement is signed by the head of toe. council or councillor presiding at such meeting and also by the clerk or secretary-treasurer* 15. If any clerk or secretary-treasurer fails to cause any extract or supplement, as the case may be, to be transmitted within the time and in the manner prescribed by this act, the sherifif shall procure the same from such clerk or secretary- treasurer, and he is authorized to take communication of the valuation rolls and other documents which may be found necessary in the preparation of such extract or supplement, and he may recover, before any competent tribunal from the municipality (saving the latter's recourse against such clerk or secretary-treasurer) his disbursements in and about pro- curinig such extract or supplement. "PENALTIES." 57. (^« amended by S. of Q. of 1884, ch. 11, «. 6.) Every clerk or secretary-treasurer of any municipality, who shall, after a notice of six days, neglect to transmit to the sheriff any extract or supplement required of him under this act, or who shall fail to comply with the other provisions of this act, shall incur a penalty of twenty dollars and a further penalty of five dollars for every day, subsequent to the ser- vice upon him, of any information or complaint for such neglect during which he shall continue to be in default. Sd. The penalties hereby imposed shall belong to the building and jury fund for the district in which the offence occurred. Such penalties shall be levied, on a rule or order of the court, by the high constable or a bailiff of the district, upon the goods and chattels of the person fined, in the manner prescribed by the Code of Civil Procedure for the seizure and sale ol moveable effects. 59. Upon the return of the high constable or of the uailiff entrusted with the execution of the rule or order, to the effect that the person against whom he has proceeded, under sections fifty-six, fifty-seven and fifty-eight cf this act, has no goods and chattels, or that his goods and chattels are in- sufiicient to satisfy such seizure, a warrant of arrest may issue against such person, who shall thereupon be imprisoned for not more than fifteen days in the discretion of the court ; and the court may, at any time, reduce, mitigate, or remit the penalty or t«rminate the imprisonment. •-V' ■a n -1 ;1 i J 11 m iiTROJtS AKb JURIES. ** IRTBBPBBTATIOM." 60* Tbeword " munioipality " includes villages, towns and cities, and every municipal corporation whatsoever ^ and the words *' the court" shall mean the court, having crimi- nal or c* vil jurisdiction! (as the case may be) which shall be sitting at the time and place when and where any provision of this act, in which those words occur, requires to be applied and enforced. 1. The word ''municipality " means every municipality of a parish or part of a parish, of a township or part of a town- ship, of united townships, of a village, of a town, existing under the operation of the municipal code, and every town or city municipality, incorporated by charter or special act. 8* Any form indicated by z. capital letter, in the various provisions of this act, refers to the corresponding form con- tained in the schedule annexed to this act* Any of the forms contained in such schedule is sufficient in the case for which it is intended* Any other form, having the same meaning, may be employed with equal effect. 5* If the time fixed by this act for the accomplishment of any proceeding or formality,* prescribed by the provisions thereof, expires or falis upon a Sunday or legal holiday, the time so fixed shall be continued to the first day following, not a Sunday or holiday. 6* Every person before whom any oath must be taken or affirmation made, under the terms of this act, is empowered and shall be bound, whenever the same is required of him, to Administer such oath or affirmation, and to give a certificate thereof, without fee or reward. FIRST PART. PARLIAMENTARY ELECTORS. I. — CONDITIONS REQUISITE TO BE AN ELECTOR. 7* No person shall be entitled to vote at the elect? in of a member of the legislative assembly of this province, unless, at the time of voting, he be an elector entered as owner, ten- ant or occupant, upon the list of electors in force. 8. No person shall be entered upon the list of electors, un- less he fulfils the following conditions : 1. He must be of the male sex, of full age, and a f ubjeot of Her Majesty by birth or naturaliiation ; !■ ! EXTRACTS FROM STATUTES. 321 lages, towns ;8oever ^ and aving crimi- lich shall be ny provision be applied inicipality of rt of a town- wu, existing every town r special act. 1 the various ng form con- I sufficient in brm, having effect. plishment of le provisions holiday, the )llowing, not be taken or empowered ed of him, to certificate FOR. leotiin of a ice, unless, owner, ten- lectors, un- a subject of 2. lie mast not be otherwise log.illy iiieap;jcitatr.l ; 3. He must be, actually and in good faitli, owner or occu- j)ant of real estate, estimated, according to the valuation roll in force, as revised if it has been revised, even for local pur- poses only, at a sum of at least three hundred dollars in real value, in any city niunici[>ality entitled to return one or more members of the legislative assembly, and two hundred dollars in renl value, or twenty dollars in annual value, in any other municipality, or 13e a tenant in good faith, paying an annual rent for real estate, of at least thirty dollars, in any city municipality en- titled to return one or more members of the legisbiMvo as- sembly, and of at least twenty dollars in any other munici- pality ; provided that such real estate be estimated according to such valuation roll, in real estate value at, at least, three hundred d<»lla.rs in any cify municipality, entitled to return one or more members of the legislative assembly, and two hundred dollars in any other mnnicij)ality. 9. AVhenover two or more persons are co-owners, co-})art- ners in the property or possession, co-tenants or co-occupants of any real estate valued at an amount sufficient for the share of each to confer upon him the electoral suffrage, each of such persons shall be deemed to be an elector in conformity with this not, and entered upon the list of electors. He whoso share does not amount to the value required for the electoral suffrage shall not be so entered nor be an elector. The same rule applies to co-tenants, respecting the amount of rent which they pay. 10. Nevertheless if the real estate is owned or oeeu]»ied by a corporation, no one of the members of the corporation shall be an elector nor enter upon the list of electors, by reason of such real estate. II. — PERSONS WHO CAN NEITHER BE ELECTORS NOU VOTERS. 11. The following persons can, in no case, be electors or voter: 1. The judges of the Court of Queen's bench and of the Superior Court, the judge of the vice-admiralty court, the judges of the sessions, district mat^JHtrate?*, recorders ; 2. Officers of the custnms, clerks of tlie crown, clerks of the peace, registrars, sherifts, deputy sheriffs, deputy-clerks of the crown, and the officers and men of the provincial or municipal police force ; M ii 322 PARLIAMENTARY ELECTORS, !| ; ) 1 i? :;.:»! E ?8 I t . ii ( ! i i 3, Agents for the sale of crown lands, postmasters in cities and towns, and all officers employed in the collection of any duties payable to Her Majesty, in the nature of duties of ex- cise, including collectors as well of federal as of local re- venue. If any of the persons set forth in this section vote, save in the case of section 205, he shall incur a penalty of not more than five hundred nor less than one hundred dollars, or im- prisonment not exceeding twelve months in default of pay- ment, and his vote shall be null and of no effect. III. — LIST OF PARLIAMENTARY ELECTORS. 1. Preparation of the list. 12. The secretary-treasurer of each municipality shall, between the first and fifteenth days of the month of March in each year, make in duplicate, a list in alphabetical order, of all persons who, according to the valuation roll, then in force in the municipality for local purposes, and as revised if it has been revised even for local purposes, appear to be elec- tors, by reason of the real estate possessed or occupied by them, within the municipality. In the counties of Gaspe and Bonaventure, however, the secretary-treasurer of each municipality shall, every year between the first and fifteenth of the month of July, make the list of electors in duplicate. (Added by S. of Q. of 1885, 48 Vict., ch. 2, § 1.) 13. The secretary-treasurer, in drawing up the list of elec- tors, shall distinguish the persons, who appear to be qualified as owners, from those who appear to be qualified as tenants or occupants, and shall specify the real estate, through wliich such persons are electors. 14. (^As amended by 39 Vict., ch. 13, s. 2.) The secretary- treasurer shall «. mit from the list of electors, every person who, under sections 11, 267 and 270, or any other legal pro- vison whatsoever, is not then entitled to vote. 15. If any municipality is situated partly in one electoral district and partly in another, the secretary-treasurer shall prepare in the same manner for each of such electoral dis- tricts an alphabetical list of the persons who are electors therein. EXTRACTS FROM STATUTES. 323 iters in cities jction of any duties of ex- of local re- i^ote, save in of not more liars, or im- ault of pay- i. pality shall, th of March etical order, roll, then in as revised if ir to be elec- occupied by lowever, the every year ly, make the of 1885, 48 list of elec- be qualified I as tenants rough which e secretary- very person r legal pro- ne electoral usurer shall lectoral dis- aro electors 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 there are voting sub- divisions in the municipality. Each such part, the title whereof shall be the name, num- ber, or description of the voting sub-division to which it relates, shall only contain the alphabetical list of the electors of such voting sub-division. 17. If a person is »u elector, in one and the same munici- pality from more than one parcel of real estate, or from more than one title, his name shall nevertheless be entered but once 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 in one sub-division only ; and, if such person is an elector 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 be entered in the list of each electoral district, in which he is an elector, according to the rules laid down in the preceding section. 19. The secretary-treasurer shall certify the correctness of the list of electors by him made, by the following oath, taken before a justice of the peace : ** I (name of the aecreUtrji-treaaurer) swear that, to the best of my knowledge and belief, the foregoing list 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 foregoing 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. 21. The secretary-treasurer, on the day upon which he shall take the oath required by the section before the last, shall give and publish public notice, sotting forth that the list of electors has been prepared according to law, and that a du[)licato thereof has been hxl^^cd in his office, at the dis- posal and for the information of all persons interested. Such notice shall be given and published in the same man- ner as notices for municipal purposes, in the municipality in whioh the list has been prepared. 1 ' 'J I % Vmi > I i-ii I tl 324 PARLIAMENTARY ELECTORS. 22. The list of electors may be drawn up in accordance with form A. 23. If the secret ary-treasuror has not made the alphabet- ical list of electors, or has not given and published the notice required by section 21, in the flrst fifteen days of the month of March, then the judge of the Superior Court for the dis- trict, or in the event of the absence of the district judge, or of his inability to act, the district magistrate, on summary petition from the mayor, the registrar or other person en- titled to be entered as an elector in the municipality, shall appoint a clerk ad hoc to prepare the alphabetical list of electors. 2'i. The secretary-treasurer shall be personally liable for the costs incurred on such petition, a* d for those incurred in drawing up the list by the clerk ad hoc, unless the judge or the district magistrate, for special reasons, deem it advisable to order otherwise, and in such case the costs shall be left to their discretion. The secretary-treasurer may, however, draw up and prepare the list, so long as the clerk ad hoc shall not have been ap- pointed. 25. The clerk ad hoc shall proceed, within fifteen days after notice of his appointment, to the preparation of the list of electors. He shall, for such purpose, become an officer of the municipal council, and shall have the same powers to exercise, and the same duties to discharge, as the secretary-treasurer of the municipality, and shall do so under the same penalties in case of default or neglect on his part. 26. {As replaced by 39 Vict., ch. 13, «. 3.) The mayor and the officers of the council, in so far as the same is incumbent upon them, shall be bound to deliver to the clerk ad hoc, on his demand, the valuation roll, which is to avail as the basis of the list of electors, under a penalty not exceeding two hundred dollars, or in default of payment, of imprisonment not to exceed six months. 2. Examination and putting into force of the list. 27. (As replaced by ^9 Vict., ch. 13, s. 4.) The list of electors may be examined and corrected by the council of the municipality, in the thirty days next after the publication of the notice, given in virtue of section 21, upon complaint in writing to such effect, under either of the two sections fol- lowing, and not otherwise. ^^ EXTRACTS FROM STATUTES. 325 in accordance 3 the alphabet- ghed the notice i of the month urt for the dis- strict judge, or e, on summary her person en- licipality, shall ibetical list of lally liable for ose incurred in 88 the judge or cm it advisable shall be left to up and prepare t have been ap- lin fifteen days )aration of the se, become an ave the same scharge, as the all do so under on his part. he mayor and e is incumbent erk ad hoc, on ail as the basis exceeding two imprisonment f the list. The list of council of the publication of complaint in o sections fol- 38. Any person who deems himself aggrieved either by the insertion in, or omission of his name from the list, may, either by himself or through his agent, fylc a complaint in writing to such eflfect, within the fifteen days next after the publication of the notice given under section 21. 29. (^As replaced hy Z^ Vict., ch. 13, ». 5.) Any person believing that the name of any person entered on the list, should not have been 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 80 entered, owing to his possessing the qualifications re- quired, may fyle a complaint in writing to such efifect within the same 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 hoar at which such examination shall begin. He shall also, previous to taking into consideration the complaints in writing filed in the ofllce 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 manner as notices for municipal purposes, in the municipality, within which the list has been prepared. 31. The council on proceeding to the examination of the list shall take into consideration all the complaints iv* v t- ing relating to the said list, and hear all persons intei 32. The council by its decision on each complaint u^aj confirm or correct each of the duplicates of the list. 33. If, upon proof, the council is of opinion that a pro- perty has been leased, assigned or made over under any title ./hatsoever, with the sole object of giving to a person the right of having his name entered on the list of electors, it shall strike the name of such person from the said list, upon complaint in writing being made to that effect. 34. Every insertion, erasure or correction whatsoever of the list, in virtue of the two preceding sections, shall be authenticated by the initials or paraphe of the presiding officer of the council. ¥ 326 PARLIAMENTART ELECTORS. ■ -m .i 1 .t 35* The list of electors shall come into force at the expira- tion of the thirty days following the notice given in virtue of section 21, as it then exists, and shall remain in force until the month of March next, and thereafter until a new list is made and put in force under the authority of this act. If there is an appeal to a judge of the Superior Court, or to a district magistrate, in districts in which there is no judge of the Superior Court, touching a portion of the list, such por- tion of the said list shall remain in force notwithstanding such appeal, until the final decision of the court, before which the said petition in appeal is pending. 30. Every list of electors so put in force shall, during the whole period in which it remains in force, be deemed the only true list of parliamentary electors, within the territor- ial division to which it relates, even although the valuation roll which has served as the basis of such list be defective or shall have been quashed or set aside; saving, nevertheless, any correction made under section 44. 37- It shall be the duty of the secretary-treasurer, as soon as the list of electors has come into force, to insert at the end of such list, on the duplicates thereof, the certificate set forth in form B. 38. One of the duplicates of the list of electors shall be kept in the archives of the municipality, and shall there re- main of record. The other duplicate shall be transmitted to the registrar of the registration division, in which is situated the munici- pality, within eight days following the day upon which such list shall have come into force, by the seoretary-trei,surer, or by the mayor, under a penalty of two hundred dollars, or of imprisonment of six months in default of payment, against each of them, in case of contravention of this provision. Nevertheless, the transmission of the duplicate of the said list of the registrar, after the delay prescribed by this section, or the fact of the same not having been transmitted, shall not have the effect of invalidating such list. 39. If, in lieu of the duplicate required by the preceding section, a certified copy of the list has been transmitted to the registrar, such copy shall be deemed to be the duplicate required, and shall have the same effect as if the duplicate had itself been transmitted. 40* All duplioates or copies of lists of electors, transmitted M the ex pi ra- in virtue of force until , new list is act. Court, or to no judge of t, such por- ithstanding 3urt, before during the deemed the he territor- le valuation defective or evertheless, rer, as soon isert at the rtificate set rs shall be til i.Here re- e registrar the munici- which such refc,surer, or hilars, or of Bnt, against vision, of the said ;his section, itted, shall e preceding msmitted to e duplicate e duplicate transmitted EXTRACTS FROM STATUTES. 327 to the registrar, under the two preceding sections, shall bo preserved by such officer, aud shall remain of record in his office. The registrar, on receipt of the said duplicates or copies, shall enter upon each the date of the reception thereof. 3. Aj^peal to a judifc of the Superior Court or to the district magistrate, 41* (^As replaced hy 39 Vict», ch. 13, s. 6.) Any person may appeal from any decision of the council, correcting or amending the list, to the judge of the Superior Court for the district, within the fifteen days following such decision, by petition in which shall be briefly set forth his grounds of ap- peal. 42. (As replaced hy 39 Vict., ch. 13, ». 7.) If the council has neglected or refused to take into consideration, within the time prescribed, a complaint duly filed, any person may appeal to such judge therefrom, in the manner and within the delay prescribed in the preceding section. 43. A copy of the petition in appeal shall bo served upon the secretary-treasurer of the municipality, who shall imme- diately give special notice thereof to the mayor, and public notice to the parties interested. 44. The judge of the Superior Court shall have full power and authority to hear and decide such appeal, in a summary manner, on any day which he shall fix, and shall proceed without delay, from day to day, in term or in vacation. Such appeal shall have precedence over other causes. 45. He may also order that further notice be given to any of the parties to the cause, summon before him and question under oath or affirmation any party or witness, and require the production of any document, paper or thing. He shall j>«)ssess all the powers conferred upon the Superior Court in relation to matters pending before that court. 46. No proceedings on such appeal shall be annulled for defect of form. 47. The costs of appeal shall be taxed at the discretion of the judge, for or against such of the parties as he shall deem advisable, and shall be recoverable under a writ of execution issued in the usual manner. 48. The decision of the judge shall be final. i ! f ^ I ul HI J vt ;( 'I ;; ■ If 328 PARLIAMENTARY ELECTORS. 49. Tho secretary-treasurer and the registrar shall each correct the duplicate of the list of electors in his possession, according to the decision of tho court, immediately upon authentic copies thereof being served upon them« 50. In any district in which there is no resident judge of tho Superior Court, the appeal specified in sections 41 and 42 may, moreover, be brought before the district magistrate for such district, in the same manner and with the same effect as before the judge of the Superior Court. The respondent may, in all such appeals, obtain a suspen- sion of the proceedings until the appellant has given such security, as may be considered necessary in the discretion of the court or judge, or deposited in the hands of the clerk of the court, such sum as may be specified by the court or judge for the payment of tho costs on such appeal. (As added by S. of Q. of 1883, 46 Vict., ch. 2, s. 1.) 4. Miscellaneous Provisions. 51. If, at any time, it is made to appear to any judge of the Superior Court, in terra or in vacation, that the secretary- treasurer of any municipality or the registrar of the registra- tion division have altered or falsified, or have permitted to be altered or falsified the duplicate of the list in their pos- session, the judge shall require the secretary-treasurer, the registrar, and every person having the custody of the valua- tion roll, which served as the basis of the list, to appear before him and to produce the rolls and lists in their possession. 52. At the time and place fixed for the appearance of such persons, the judge after having examined the duplicates of the list produced by the secretary-treasurer and the registrar, together with the valuation roll, shall, with or without further proof, make the alterations or corrections, which he shall deem necessary, to render the duplicate, so altered or falsi- fied, accurate and faithful. 53. It shall be the duty of the secretary-treasurer of every municipality and of the registrar of every registration divi- sion, having the custody of a list of electors, to deliver certi- fied copies thereof to any person applying thereof, and off'ering to pay for the cost of any such copy, three cents for every ten electors entered on the list. 54. The secretary -treasurer (»f every municipality shall furnish urt or judge As added by my judge of he score tary- the registra- permitted to n their pos- reasurer, the )t' the valua- ippear before ossession. ranee of such duplicates of the registrar, thout further lich he shall ered or falsi- urer of every itration divi- deliver oerti- thereof, and ree cents for 'ipality shall urning officer acting within the limits of the municipality, a certified copy of the list of electors to avail at the election, or of that part of such list, which relates to the locality for which he acts as deputy returning officer. 55. The cost of all copies of the list of electors given by the registrar, in consequence of the secretary-treasurer having refused or neglected to furnish the same, under the preceding section, may be recovered from the secretary-treasurer or the corporation whose officer he is, either by the registrar who has given the copies, or by the returning officer or deputy returning officer who shall have procured the same. 56. (As replaced hy 40 Vict., ch. 27, ». 1.) Every secre- tary-treasurer, who has refused or neglected to make the alphabetical list of electors as required by this act, or who having made the list has willfully inserted therein or omitted therefrom, shall incur a penalty not exceeding five hundred dollars, or imprisonment not exceeding t^velve months, in default of payment. 57. (A» replnced by 40 Vict., ch. 28, a. 1). Every person having the custody of electors' list and whose duty it is to deliver copies thereof, who shall have made any insertion or omission in the preceding sections in the copies furnished by him, shall incur the penalty prescribed in the last preceding section. IV. — DIVISION OP THE MUNICIPALITY INTO VOTING SUB-DIVISIONS. 59. {As amended by 39 Vict,, ch. 13, «. 8.) Whenever, in any municipality, the number of electors shall exceed two hundred, it shall be the duty of the council of such munici- pality to divide, by a by-law made in the ordinary way, into voting sub-divisions, so that there shall not be more than two hundred electors in each voting sub-division. The limits of these sub-divisions shall be well defined, and shall not divide any real estate under which an elector is entitled to vote. 60. (As amended by 39 Vict., ch. 13, s. 8.) Whenever any one of such voting sub-divisions shall contain more than two hundred electors, it shall be the duty of the council to subdi- vide by by-law such voting sub-division into others not con- taining more than two hundred electors each. 61. The council may, always and at any time, for the greater couvenience of the electors, amend or repeal any by- if 11 |V ''.I IT .i^'i 330 ACT RESPECTING LUNATIC ASYLUMS. [ •ll *1 law made under the two last sections, and may make a new division, as provided by section 59. 62. No by-law, made under the three preceding sections, shall be appealed from to the county council. 63. Every by-law or municipal order, dividing a munici- pality into voting subdivisions or other analogous sub- divisions in force, upon the coming into effect of this act, shall remain in force until the same is replaced or repealed under the authority of this act. 04. The list of municipal electors of the city of Montreal, as annually drawn up, revised and closed, under the autho- rity of the acts now in force in relation to the same, shall be for all purposes, the list of parliamentary electors, — includ- ing therein such persons as shall have been struck from the municipal list for default of payment of municipal taxes within the delay prescribed. CLAUSES OF THE ACT EESPECTING LUNATIC ASYLUMS IN THE PEOVINCE OF QUEBEC. S, OF Q. OF 1885, 48 VICT., CH. 34. SECOND PART. ADMISSION OP THE INSANE WHEN THEIR MAINTENANCE IS AT THE CHARGE OP THE GOVERNMENT OP MUNICIPALITIES. 14. The following persons may be admitted to lunatic asylums at the charge of the Government and of municipa- lities : 1. Insane persons who have not themselves, some person bound by-law to provide and care means of paying, in whole or in part, the ex] board, maintenance, and treatment in one of the 2. Idiot or imbecile persons, when they are danger us, a source of scandal, subject to epileptic fits or afflicted with any monstrous deformity, aud are unable wholly or in part to pay their board, maintenance and treatment therein. IHm The medical board of an asylum cannot receive any of the above-mentioned persons if there be not handed to it : ^' rough m, the . of their -•vlums. r i' make a new ing sections, ig a munioi- ilogous sub- of this act, or repealed 3f Montreal, r the autho- ime, shall be )ra, — includ- lok from the iicipal taxes ^TING lOVINOE INANCE IS AT ALITIES. I to lunatic >f municipa- • f* t' rough m, the o of their .isvlum-. latiger us, a [flicted with y or in part herein. iceive any of ed to it : EXTRACTS FROM STATUTES. 331 i:!| 1. An application for admission, containing the names, ptofession, age and domicile both of the person making it, and of the person whose admission is sought, and a statement of the degree of relationship, or, in default of such, of the nature of the ties exHting between them. The application must be signed by the person making it, or if he be unable to write, iJ must be attested before the mayor, or, in his absence, before a justice of the peace of the domicile of the patient. 2. A physician's certificate (according to form C. and the annex thereto), testifying as to the mental condition of the patient, indicating the particulars of his disease, the neces- sity of his being treated in an insane asylum, and of his being there detained. In the case of idiocy or imbecility, the physician shall fur- ther declare whether the patient comes under the category of idiots or imbecile persons, who may be admitted to or detained in an asylum, and shall specially indicate the reasons upon which he bases his opinion. Such certificate cannot ba received if the physician, who signs the same, is related or allied to the third degree, inclu- sively, to the proprietors of the asylum, or to the person applying for the admission, or to the insane person. In case of urgency, the medical board may dispense with requiring the physician's certificate, provided such certificate be sent to it within eight days after the patient's confine- ment. 3. A certificate (according to form D) signed by the parish priest, vicar or minister, or a justice of the peace. 4. A certificate (according to form E ) signed by the mayor, or, in his absence, by any councillor of the place of the patient's domicile. The annex to form C and form D shall be attested and acknowledged before a justice of the peace, in conformity with the provisions of the Act of the Parliament of the Dominion of Canada, 37 Vict., ch. 37, concerning the sup- pression of voluntary and extrajudicial oaths. 19. In the cases of idiots and imbecile persons, more than three months in a public hospital, whose condition has become su 'i that they must be sent to a lunatic asylum, the applica- tion for admission shall be made in writing by the proprietor or superintendent of the hospital, and the physician's certifi- cate shall be given by one of the visiting physicians of the establishment. ! ; i 1 332 ACT RESPECTING LUNATIC ASYLUMS. ii m s U ; li Ii 1 .' i I I 8 1 1 \ '\ The application for admission eball contain the names, pro- fession, age, and the municipality in which the patient had his last domicile before entering the hospital, and also the date of his entry therein. The physician's certificate shall set forth, in accordance with form C of this act, the mental condition of the patient, and give particulars respecting his malady, and shew the necessity of his being confined and kept in an asy- lum. 20. On the receipt of the applicntion and the certificates C, D and E, in the case of section 18 of this act, and of the application for adraisssion and of the certificate C, in the case of the preceding section, th«i medical board decides whether the patient shon.ld be provisionally admitted, or his admission refused. 21. The medical board through the medical superintendent shall, during the fifteen days next after the adtsission of the patient, transmit to the provincial secretary, with such appli- cation and certificates C, or C, D, and E above mentioned, a special report as to the mental condition of the patient, and stating whether he should be definitively admitted into the asylum or discharged. 22. On receipt of such documents, the provincial secretary shall addre^is, to the medical board of the asylum, such order as ho deems expedient, either for the definitive ad*nissioD or discharge of the patient, which order shall be executed with- out delay. COST OF MAINTENANCE OP THE INSANE. 41. In all cases where an insane person is confined in an asylum, under the provisions of the second part of this act, the cost of the maintenance, board and treatment of such insane person in t^p asylum is due and shall be paid, one half by the Government and one half by the municipality of the city, town, village, parish or township, within the limits of which is comprised the place or territory in which the insane patient last had his domicile, provided always that, if the pa- tient be confined in a public hospital, the last domicile of such patient shall not, from such fait alone, be considered to be in the municipality in which sucn hospital is situate. 42. During the first fifteen days of the month of January in each year, the proprietors of each lunatic asylum shall send to the provinoiai treasurer a list containicg : EXTRACTS FROM STATUTES. 833 SI names, pro- ient had his the date of ill set forth, J condition nalady, and t in an asy- cerxificates and of the e C, in the ird decides tted, or his erintendent ssion of tbo such appli- entionod> p. )atient, and ed into the al secretary , such order jmissiou or cutod with- ifined in an art of this lent of such lid, one half ality of the he limits of the insane ,t, if the pa- domicile of msidered to tuate. of January .sylum shall 1. The names of the insane persons confined in the said asylum, since the 24th July, 1880. 2. Their domicile when admitted into the asylum. 3. The amount payable by each city, town, village, parish or township corporation for their maintenance, board and treatment during the course of the preceding year. 4. The proprietors are also bound to furnish the provincial treasurer, along with their quarterly accounts, a statement showing separately the names of the patients at the charges of the government and of municipalities, the date of their entry into and temporary or final discharge from the asylum, and the number of days during which they have been in the asylum. 43- On receiving such list, the provinciaPtreasurer shall, without delay, cause a detailed list to be prepared for each municipality, showing the sums of money due by it, and for- ward it to the collector of provincial revenue of the district in which such municipality is situated. On receipt of such list the collector of ])rovincial revenue above mentioned shall forthwith send to the secretary-treas- urer of the municipality indicated, a duly certified extract from such list, containing the names of the insane persons towards whose m lintenance the municipality is bound to contribute, as well as the cost of maintenance of such insane persons during the previous year, with a notice re«|uiring him to pay into his hands, on or before the first day of March then next, the amount due by such municipality for such con- tribution. 44. Such amount is recoverable by an ordinary suit against any municipality bound to support any insane person con- fined in any one of these asylums, under the preceding pro- visions. 45. Such suit is brought by the collector of provincial re- venue for tlie district, in his own name, against every such municipality, before any court of competent jurisdiction in the district in which such officer resides. 46. It is lawful for any municipality which has so paid any sum of money to the (Jovernment, for such board, lodg- ing, treatment, and which has also paid the costs of arrest and inquiry, and the costs of transport of any insane person confined in an asylum, to obtain the repayment of such sums by suit and distress levied in the usual manner on the property of the insane person, or of those who are obliged by law to provide and care for him. P 334 LICENSE ACT. i\ 2. Such reeourge cannot, however, be had if, at the time of the patient's entry into the asylum, it has been proved that he had no property either by himself or by those who are obliged by law to support him. 47. The amount, paid by any municipality, under the pro- visions of this act, shall be considered as a debt which may be levied under the municij)al code, and it shall be levied and collected in the same manner as any ordinary tax due by the rate-payers of the municipality. LICENSE ACT. LICENSES FOR INNS.— GENERAL MODE OP OBTAINING THEM. 7. {Ae amended by S. of Q. o/ 1880, 43-44 Viet., ch. 11, s. 4.) To obtain a license to keep an inn the following formali- ties shall be observed : Previous to the obtaining of any of said licenses, for any part of the organized territory of this Province, the appli- cant shall furnish the License 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 number 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 eftect 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 public 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. {Aa svbsHtutcd by S. of Q. 0/I88O, 43-44 Vict., ch. 11, 8. 5, and aa amended by S. of Q. of 1881, 44-45 Vict., ch. 4, 8. 6.) This certificate shall be accompanied by an affidavit of the applicant, made in accordance 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 the 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 bo granted, if a majority of the municipal voters, within the municipal polling district of the ward, shall signify their opposition in writing to the granting of suoh liceuse. w at the time of n proved that hose who are ndcr the pro- t which may be levied and IX due by the NINO THEM. ct., ch. 11, s, wring formali- jnses, for any se, the appli- a certificate, d by twenty- y of resident fifty, of the ! city, within which such applicant is est, sober, of ?p a house of d to contains at there is a Vict.f ch. 11, ) Vict., ch. 4, Y an affidavit 1 B, annexed 1 to before a the cities of Sessions, the tificatc for a le munic'ipnl of the ward, ) granting of EXTBACTS FROM STATUTES. 335 8. If the certificate refers to a house situated 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 certificate shall be municipal electors, having their residences or places of business in the ward, and be duly inscribed on the last list of electors. 11. (As amended hy S. of Q. of 1880, 43-44 Vict., ch. 11, e. 6.) Such certificates (except those connected with appli- cations for licenses in the city of Montreal and in the city of Quebec) shall also be confirmed by a decision of the council of the municipality within the limits of which the house is situated, drawn in accordance with form C annexed to this law, and such confirmation is certified under the signature of the mayor and city clerk or secretary-treasurer of the council. 12. (^As replaced by S. of Q. of 1881, 44-45 Vict., ch. 4, ». 2.) The confirmation of a certificate for a tavern can be given only by the municipal council, and certified under the signature of the mayor and clerk or secretary-treasurer. If, on the day fixed for the meeting of the council, there is no quorum, the meeting is postponed from day to day until there is a quorum and until the question is decided. 13. (As amended hi/ S. of Q. of 1881, 44-45 Vict., ch. 4, ». 1.) The council to which this certificate is presented shall ascertain, by procuring such information as it may deem fit and proper, if the requisite number of duly qualified electors have signed the same. The authenticity of the signatures attached thereto shall be established under oath before one of the members of the council, and if the result of such double enquiry be, in whole or in part, unfavorable to the applicant, the confirmation applied for shall be refused. Such certificate shall be refused if it be proved to the satisfaction of the council : 1. That the petitioner is a person of bad character, having already allowed or permitted drunkenness in his tavern, or 2. That he has already been a second time condemned to a fine for having sold liquor without a license, or 3. That his demand for a license is opposed in writing by the absolute majority of the electors, resident ia the locality in which it is intouded to open a tavern. « , ' '\: '■■■ } ) I t , I ACT EESPECTING THE TEREITOEIAL DIVISION OF THE PROVINCE. SECTION FIRST. — GENERAL PROVISIONS. 1. For the purposes of the Legislature, the Province of Quebec is divided : 1. Into sixty-eight electoral districts which form, for the purposes of the representation of the people in the Legisla- tive Assembly, the sixty-five electoral districts constituted by the British North America Act, 1867. B. N. A. Act, 1867, ss. 40 and 80 and second schedule; C. S. L. C, c. 75, s. 1. 2. Into twenty-four divisions for the Legislative Council B. N. A. Act, 1867, ss. 22 and 72; C. S. C, c. 1, s. 1 and schedule. 2. The province is also divided : 1. Into twenty districts, for the purposes of the adminis- tration of justice. C, S. L. C, c. 76, s. 5 and schedule. 2. Into sixty-nine divisions for registration purposes. C. S. L. C, c. 37, ss. 83, 96 and 97. 3. Into sixty-seven county municipalities, and into city and town municipalities constituted by special act, for municipal purposes. M. C, arts. 1, 2, 24 and 1081. 3. County municipalities are subdivided, in conformity with the Municipal Code, into rural, village and town muni- cipalities. M. C, art. 2. 4. Excepting for the cities and towns, and saving the modifications mentioned in their proper place, the division into electoral districts serves as a basis for the other divi- sions. C. S. L. C, c. 37, s. 96 ; C. S. L. C, o. 75, s. 1 ; M. C. , art. 24. SKCTION SECOND. — ELECTORAL DISTRICTS. 5« The sixty-eight electoral districts are named, described and bounded or composed as follows : NAMES OF ELECTORAL DISTRICTS. Argenteuil- — The county of Argontcuil is bounded to the east by the counties of Deux Montagues and Terrebonne; to the north, by the county of Terrebonne ; to the west, by the EXTRACTS FROM STATUTES. 337 ITOEIAL SIGNS. Province of form, for the I the Legisla- s constituted A. Act, 1867, e. 75, s. 1. ative Council . 1, s. 1 and the adminis- chedule. on purposes. md into city cial act, for 081. n conformity I town niuni- d saving the , the division le other divi- I, s. 1 J M. C. , TRrCTS. cd, described rs. mdcd to the rrcbonne; to west, by the county of Ottawa; and to the south, by the river Ottawa, including the nearest islands situated iu whole or in part opposite thereto. The county, so bounded, comprises the parish of St. Andr^, which includes a portion of the village of Carillon, the parish of St. Jerusalem, the municipality of the western part of the parish of St. Jdr6me, the township of Chatham which includes the rest of the village of Carillon, the township of Wentworth, the township of Grenville and its augmentation, which includes the village of Grenville, the township of Harrington and its augmentation, those of Gure, Howard, Arundel and Montcalm, the municifality of Mille Isles, that part of the township of Morin situated to the south-west of the line between lots numbers twenty-four and twenty-five of all the ranges of the township, and the town of Lachute. C. S. L. C, c. 75, s. 1, § 12 j 44-45 Vict., c. 30 ; 45 Vict., c. 40, s. 1. Arthabaska.— The county of Arthabaska comprises that part of the township of Maddington to the south-east of the north-western line of the eleventh range, that part of the township of Blandford to the south-east of lot No. 18 in the first, second, third, fourth, fifth, sixth, seventh, eighth and ninth ranges and in range A, the township of Warwick which includes the village of Warwick, that of Stanfold which includes the village of Princeville, that of Arthabaska which includes the villages of Arthabaskaville and Victoriaville, the townships of East Chester, West Chester, Tingwick, Horton and Bulstrode and its augmentntion, less that part of the townships of Horton and Bulstrode included in the parish of St. Samuel which belongs to the county of Nicolet, and, lastly, that part of the townships of Simpson and Aston included in the parish of Sto. Clothilde de Horton. C.S.L.C., ch. 75, s. 1, § 46 ; 25 Vict., ch. 50, s. 1 ; 41 Vict., ch. 26, s. 4; 46 Vict., ch. 38, s. 1. Bagot.-— The county of Bagot comprises the parishes of St« Hugues, St. Simon, Ste. Rosalie, St. Dominique, St. Pie, Ste. H<51^ne and St. Liboire, that of St. Ephrem d' Upton which includes the village of Upton, the parit*h «)f St. Andr(? d'Ac- ton which incli-dcs the village of Acton Vale, the parish of St. T!idodore d'Aeton, and that ])art of the parish of St. Fulgence de Dtirham which comprises the point of Acton. C.S.L.C, ch. 7r, s. 1, § 57; 27-28 Vict., ch. 54, s. 1 ; 42-43 Vict., ch. 45, s. 1. f^ t ^ 41 I ■J ti it I fpif^ i ■ ; t i ■; \ ii 338 ACT RESPECTING THE TERRITORIAL DIVISION, Beauce.— The county of Beauce is bounded on the north- east by the county of Dorchester, on the south-east by the frontier line, on the west by the county of Compton, on the south-west by the counties of Compton and Wolfe, and on the north-west by the counties of Megantic, Lotbinidre and Dor- chester. The county, so bounded, comprises the parishes of St. Elzdar, Ste. Marie, St. Joseph, St. Frederic, St. Francois, St. George, St. S6v6rin, St. Ephrem de Tring and St. Victor de Tring, and the townships of Metgermette North, Metger- mette South, Jersey, Lini^re, Marlow, Risborough, Spauld- ing, Ditchfield, Louise, Woburn, Gayhurst, Dorset, Shenley, Aylmer, Price, Lambton, Forsyth, Adstock and Broughton. C. S. L. C, ch. 75, 8. 1, § 43 ; 26 Vict., ch. 7, s. 1 ; 39 Vict., eh. 42, s, 3; 42-43 Vict., ch. 48, s. 1 ; 46 Vict., ch. 39, 8. 1. Beauharnois.— The county of Beauharnois is bounded on the north-east and south-east by the county of Chateauguay, on the south-west by the county of Huntingdon, and on the north-west by the river St. Lawrence, including the nearest islands situated in whole or in part opposite thereto. The county, so bounded, comprises the parishes of St. Clement, St. Etienne, St. Louis de Gonzague, St. Stanislas de Kostka, Ste. C6cile and St. Timoth^e, and the towns of Beau- harnois and Salaberry de Valleyfield. C. S. L. C, ch. 75, s. 1, § 63. Bellechasse.— The county of Bellechase is bounded on the north-east by the county of Montm.igny, on the north-west by the county of Levis, the river St. Lawrence and the county of Montmagny, on the south-west by the counties of Levis and Dorchester, and on the south-east by the county of Dor- chester, the frontier line and the county of Montmagny. The county, so bounded, comprises the parishes of St. Valier, St. Michel, St. Etienne do Beaumont, St. Raphael, St. Charles, St. Gervais, St. Cajetan d' Armagh, St. Lazare and Notre-Dame Auxiliaf rice de Buckland, and the townships of Mailloux, Roux, Bellechasse and Daijuam. C. S. L. C., ch. 75, s. 1, § 42 ; 22 Vict. (1858), ch. 11, s. 1 ; 28 Vict., ch. 9, s. 1 ; 39 Vict., ch. 39, s. 1 ; 39 Vict., ch. 43, s. 1 j 42-43 Vict., ch. 49, 8. 1 ; 46 Vict., ch. 37, s. 1. Berthier.— The county of Berthieris bounded on the south- west by the counties of L'Assomption and Joliette, on the north-west by the county of Joliette and by the limits of the DIVISION, on the north- ith-east by the ompton, on the [>lfe, and on the ni^re and Dor- )arishes of St. t. Francois, St. i St. Victor de •forth, Metger- rough, Spauld- orset, Shenley, ind Broughton. s. 1 ; 39 Vict., Vict., oh. 39, is bounded on r Chateauguay, n, and on the ng the nearest ereto. arishes of St. 5t. Stanislas de ^owns of Beau- . C, ch. 75, 8. ounded on the he north-west md the county nties of Levis jounty of Dor- mtmagny. Irishes of St. , St. Raphael, ;h, St. Lazare the townships C o. Li. \j.f 28 Vict., ch. 3, s. 1 ; 42-43 on the south- >Iiette, on the ) limits of the EXTRACTS FROM STATUTES. 339 province, on the north-east by the county of Mnskinong^, and on the south-oast by the river St. Lawrence, following, from the limits of the parish of Ste. Genevitive de Berthier, the ship channel, to the south of He St. Ignace, He Madame, He Ronde, He ^ I'Ours, and the lies au Sable, as far as Lake St. Peter, and the north-western limits of the county of Maskinongd, including He St. Ignace, He au Castor, the Common of Berthier, He aux Foiiis, He au.x F^ncs, He aux Cochons, He St. Aniand, lie Morrison, He dn Pads, He des Plantes, He Ducharme, He Manon, Ho k I'Orme, He au Noyer, He Lamarche, He h la Cavalle, situated between He Madame, He k I'Ours an^ He du Pads, and all the small is- lands and battures included within such extent of territoiy ; He dn Nord, He des P^loquins, He des Cardins, He Millet, les lies and battures aux Carpes, les lies de la Girode.iu, He du Milieu, la Grande He, He la Traverse, He k Letendre, les lies au Sable, and all the small islands and battures included within such extent of territory, and situated to the north thereof and to the south of He k I'Aigle and He k la Gren- ouille. The county, so bounded, comprises the town of Berthier, the parishes of la Visitation de I'lle du Pads, Ste. Genevieve de Berthier, Lanoraie, Lavaltrie, St. Norbert, St. Cuthbcrt, St. Barth^lemi, St. Damien, St. Gabriel de Brandon and St. Michel des Saints, the north-east portion of the township of Joliette, that part of the townships of Provost and Brassard which is not comprised in the parish of St. Michel des Saints, the townships of Gautier, Courcelles and Maisonneuve, and the unorganized territory comprised within thci-e limits. C. S. L. C, ch. 75, 8. 1, § 20 ; 32 Vict., ch. 47, s. 1 ; 39 Vict., ch. 37, 88. 1, 2 and 4 J 40 Vict., ch. 37, s. 1 ;• 43-44 Vict., ch. 36, s. L Bonaventnre.— The county of Bonaventure is bounded on the north-east by the county of Gaspd, on the north-west, partly by the county of Gasp6 and partly by the county of Rimouski, on the prolongation of the same rear line until it meets the river Patapediii. on tlie west by the river Patnpedia jind on the south )jy tho rivor Ristigouclie and liaie des Chaleurs, including th>.i nearest islands situated wholly or in ])art opposite there!:©, exi opt the islands in the river Risti- gouche. The county, so bounded, comprises the seigniory of Shool- bred, the townships of Port Daniel, Ilope, Cox, Hamilton, 'S* '?< .'I 1 . i.S mi 1^1 8 I '1^ i u I !l »'• I 340 ACT RESPECTING THE TERRITORIAL DIVISION. New Richmond, Maria, Carleton, Nouvelle, Mann, Risti- gouohe, Matapedia, Patapedia, Milnikek, and Assametqua- gan, and the unorganized territory comprised within these limits. C. S. L. C, ch. 75, s. 1, § 36. Brome.— The county of Brome comprises the townships of East Bolton, West Bolton, Potton, Sutton and Brome, and that part of the township of Farnham east of the prolongation of the rear line of the seigniory of St. Hyacinthe. C. S. L. C, ch. 75, s. 1, § 55. Chambly.— The county of Chambly is bounded on the north- east by the county of Verch(ires, on the east by the river Richelieu, on the south-west by the counties of St. John and Laprairie, and on the west by the river St. Lawrence, in- cluding the nearest islands situated wholly or in part opposite thereto. The county, so bounded, comprises the parish of Boucher- v.ille which includes the village of Boucherville, the parishes of Longueuil which includes the municipality of St. Ijambert, the parishes of St Bruno, St. Basile le Grand and St. Hubert, that of Chambly which includes the villages of Chambly Basin and Chambly canton, and the town of Longueuil. C. S. L. C, ch. 75, s. 1, § 9 ; 43-44 Vict., ch. 35, s. 1. Champlaill. — The county of Champlain is bounded on the south-west by the river St, Maurice, and then by tiie river Shawinigan, as far as the line between the first and second ranges of the township of Shawinigan, thence, by that line as far as the line between lots 39 and 40 of the first range of that township, thence, by that line as far as the south-west- ern line of the seigniory of Cap de la Madeleine, and, thence, by that line prolonged to the limits of the province, on the north-west by the limits of the province, on the south-east by the river St. Lawrence and the county of Portneuf, fol- lowing the prolongation of the south-eastern line of the town- ship of Mekinac, as far as the river Batiscan, and thence by the river Batiscan, as far as the southwestern line of the county of Quebec, and on the north-east by the counties of Portneuf, Quebec and Chicoutimi. The county, so bounded, comprises the parishes of Ste. Anne, St. Fran^ois-Xavier de Ba^^iscan, Ste. Genevieve de Batiscan, Champlain and Cap de la Madeleine, that of St. Maurice which includes the village of Ferment, the parishes of St. Luc, St. Stanislas, St. Tite, St. Jacques des Piles, St. Prosper, St. Narcisse, Notre-Dame du Mont Carrael, Ste. Flore VISION. EXTRACTS FROM STATUTES. 341 lann, Risti- 'Vssametqua- i^ithin these ;ownships of Broine, and prolongation C. S. L. C, n the north- by the river t. John and iwrence, in- art opposite of Boucher- the parishes It. ]iambert, St. Hubert, imbly Basin C. S. L. C, ded on the •y the river and second that line as st range of 30uth-west- d, thence, ce, on the south-east neuf, fol- the town- thence by ne of the ounties of es of Ste. levi^ve de hat of St. parishes Piles, St. Ste. Flore and Ste. Th^cle, the townships of Radnor, Lejeune, Mekinao, Boucher, Polette, Carignan, Turcotte, Malhiot, Valli^re and Langelier, and the unorganized territory within these limits, C. S. L. C, ch. 75, 8. 1, § 23 ; 37 Vict., ch. 17 ; 39 Vict., chs. 40 and 41 ; 40 Vict, ch. 35, s. 1. Oharleroix.— The county of Charlevoix is bounded on the south-west by the county of Montmorency, by following a line commencing at a point in low water mark of the river St. Lawrence, at the intersection of the south-western side line of No. 395 of the cadastre of the parish of St. Frangois- Xavier de la Petite Rivit^re running towards the north-west along that line and the south-western side line of lots Nos. 396, 397, 620 and 621 of the cadastre of the said parish, as Tar as the rear line of Cdte St. Bernard range, and thence still towards the north-west on a course parallel to the general course of the north-east line of the seigniory of Beauport, as far as the county of Chicoutimi : on the north by the conn- ties of Chicoutimi and Sagucnay, and on the south-oast by the river St. Lawrence, including He aux Coudres and the nearest islands situated wholly or in part opposite the said county, excepting Hare Island, which belongs to the county of Kamouraska. The county, so bounded, comprises the parishes of St. Fran- ^ois-Xavier de la Petite Riviere, Bale St. Paul, St. Urbain, Eboulements, St. Hilarion and St. Irdn^e, the j>ari.sh of St. Etienne de la Malbaie which includes the village of Pointe- au-Pic, and the parishes of Ste. Agnds, St. Fiddle and St. Sira6on, the townships of DeSales, Calli^res and Chauveau, and the unorganized territory comprised within these limits. C S. L. C, ch. 75, s. 1, § 32 J 42-43 Vict., ch. 47, s. 1 ; 45 Vict., ch, 42, s, 1. Chateauguay. — The county of Chateauguay is bounded on the north-east by the counties of Laprairie and Napierville, on the south-east and south-west by the county of Hunting- ton, and on the north-west by the county of Beauharnois and by the river St. Lawrence, including the nearest islands sit- uated wholly or in part opposite thereto. The county, so bounded, comprises the parishes of St. Joachim de Chateauguay, Ste. Philomtine, St. Antoine Abbt"', less that part of the township of Franklin included therein which belongs to the county of Huntingdon, St. Jean Chrysos- tome, less that part of the townships of Hemmingford and Havelock included therein which belongs to the county of 342 ACT RESPECTING THE TERRITORIAL DIVISION. H m :( ! Huntingdon^ Sto, Martine, St. Urbain premier, St Malachie d'Ormstown, Sto. Clothildo and Trds Saint SaoroiueDt. C. S. L. C, ch. 76, 8. 1, § 64 J 32 Vict., ch. 46, 8. 1. Chicoutiini.— The county of Chicoiitimi is bounded on the south-west by the county of Ohnmplain, on the south by the parallel of the forty-eightn degree of north latitude, as far as the intersection of the prolongation of the south-eastern line the township of St. Johns on the Saguenay, them^e on the south-east, by the prolongation of such line as far as the river Saguenay, and crossing the river Saguenay by the pro- longation of such line to the rear line of the township of Labrosse, on the east by a line drawn from that point true north to the limits of the Province, and on the north and north-west by the limits of the Province. The county, so bounded, comprises the town of Chicoutimi, the townships of St. Johns, Hebert, Otis, Ferland, Boilleau, Lailemant, Breboeuf^ Perigny, Ducreux, Bagot, Simon, Chi- coutimi, Laterri(ire, Jonquit^re, Lartigue, Kenogami and Plessis, the townships of Labarre and Mesy which include the village of Notre Dame de H6bertville, the townships of Signal, Caron, Metabetchouan, St. Hilaire, Dequen, Dablon and Charlevoix, the township of Roberval which includes the village of Roberval, the townships of Ross, Ouiatchouan, Ashuapmouchouan, Demeules, Duflferin, Normandin, Al- banel, Parent, Racine, Taillon, De I'lle, Tachd, Bourget, Simard, Falardeau, Tremblay, Harvey, St. Germain and Labrosse, and the unorganized territory comprised within these limits. C. S. L. C, ch. 75, s. 1, § 34 5 37 Vict., ch. 17 J 39 Vict., ch. 40 ', 40 Vict., ch. 35, s. 1. Compton.— The county of Compton comprises the township of Compton which includes the village of Waterville, the townships of Westbury, Eaton, Clifton, Hereford and its augmentation. Bury, Newport, Auckland, Lingwick, Hamp- den, Ditton, Emberton, and Winslow, the township of Whit- ton which includes the village of Megantic, and the town- ships of Marston, Chesham and Clinton. C. S. L. C, ch. 75, s. 1, § 50 ; 42-43 Vict., ch. 48, s. 2. Deux Montagues (Two Mountains).— The county of Deux Montagnes {Two Alo^intainn) is bounded on the north by the county of Argenteuil, on the north and north-east by the county of Terrebonne, on the south by the river Ottawa and the lake of Two Mountains, and on the west by the county of Argenteuil, including the nearest islands situated wholly or in part opposite thereto. nsiow. EXTRACTS FROM STATUTES. 343 It Malaohie Siicrument. . 1. ided on tho iouth by the tude, as far )Uth -eastern ', thenoe on iS far as the by the pro- township of point true 3 north and Chicoutimi, d, Boilleau, Simon, Chi- ogami and jch include ownships of Lien, Dablon includes the uiatchouan, landin, Al- (5, Bourget, ermain and ised within 7 Vict., ch. le township erville, the 3rd and its ick, Ilarap- ip of Whit- the town- . C, ch. 75, y of Deux jrth by the ast by the Ottawa and e county of i wholly or The county, so bounded, comprises tho parish of St. Eus- tache which includes the village of St. Eustaohe, tho par- ishes of St. Augustin and St. B6noit, the parish of Sto. Scholastique which includes the village of Ste. Scholastique, the parishes of St. Colomban and L'Annonciation du lac dos Deux Montagnes, that part of the parish of St. Jerome which is in the seigniory of Deux Montagnes, and tho parishes of St. Joseph du Lac, St. Canut, St. Placide, St. Jlermas and Ste. Monique. C. S.L. C, oh. 75, s. 1, § 13j 39 Vict., ch. 38, s. 1. Dorchester.— The county of Dorchester is bounded on the north-east by the county of Bellechasse, on the south-east by the frontier line and by the county of Beauce, on the south- west by the counties of Beauce and Lotbinidre, and on the north-west by the county of Levis. Tho county, so bounded, comprises the parishes of St. Anselme, St. Isidore, Ste. Claire, Ste. Marguerite, St. Ber- nard, Ste. Il6n6dine, St. Edouard de Frampton, St. Malachie and St. L^on de Standon, that part of the township of Standon not included in the parish of St. Ldon de Stan- don and the townships of Cranbourne, Ware, Watford and Langevin. C. S L. C, ch. 75, s. I, §j44; 37 Vict., ch. 20, s. 1 ; 39 Vict., ch. 39, s. 15 j 42-43 Vict., ch. 49, s. 1 j 46 Vict., ch. 39, s. 1. Drummond.— The county of Drummond comprises the town- ships of Durham, Wickham and Grantham ; thatof Wendover, except that part in the parishes of Ste. Brigitte des Saults, Ste. Perpdtue and St. Leonard which belongs to the county of Nicolet, and that part in tho parish of Ste. Clothildo de Hor- ton which belongs to the county of Arthabaska ; the town- ship of Simpson, except that part in the parish of Sto. Clothide de Horton which belongs to the county of Artha- baska ; the township of Kingsey, and that part of the township of Upton included in the parish of St. Ellg^ne de Grantham. C. S. L. C, ch. 75, s. 1, § 45; 25 Vict., ch. 50, s. 1 ; 36 Vict., ch. 37, s. I ; 41 Vict., ch. 26, ss. 1 and 2; 42-43 Vict., ch. 45, 8.1; 46 Vict., ch. 38, s. 1. Gaspe. -The county of Gasp6 is bounded on the south-west by the counties of Bonaventure and Rimouski, by a lino com- mencing at Mackerel Point, on the north side and near the mouth of Bale des Chaleurs, thence running north-westerly forty -seven miles, thence south sixty-nine degrees West, until it strikes a lino drawn south-east from Cap Chat, on tho river M Si k 344 ACT RESPECTING THE TERRITORIAL DIVISION. I" Si ■< ^ I'l ' St. Lawrence ; on the north, east and south-east, by the River andUulfuf St. Lawrence, including the Magdalen L^iands, the i»hind of lionaventurc, and the nearest islands wholly or in part opposite thereto. The county, so bounded, comprises the fiefs and seigniories of St. Anne des Monts, Mont-Louis, la Madeleine, la Grande Vailde des Monts and TAnse de I'Etang, Grand River and Pabos, the townships of Cap Chat, Tourelle, Christie, Du- chesnay, Taschereau, Denoue, Cloridorme, North Sydenham, South Sydenham, Fox, Cap Rosier and Gaspd Bay north, the township of Gasp^ Bay south which includes the village of Gaspd, the townships of York, Douglas, Malbaio, Perc6, New- port, Ramcau, Fortin, Baillargcon, Laforce, Laroeque, Gait, Blanchct and de Beaujeu, that part of the township of Romioux included in the parish of St. Norbert du Cap Chat, and the unorganized territory comprised within these limits. C. S. L. C, ch. 75, s. 1, § 35 J 29 Vict., ch. 52, s. 10, and ch. 55, s. 1. Hoehelaga. — The county of Hochelaga is formed of the eastern part of the Island of Montreal, and comprises the parishes of Longue Pointe, Pointe aux Trembles, Rividre des Prairies, Sault au Recollet and Cdte St. Paul, the towns of St. Henri, Ste. Cundgonde and Maisonneuve, the villages of Cdte Visitation, Cdte St. Louis, St. Louis du Mile-End, Outremont, Cdte des Neiges, Cdte St. Antoine, Notre-Dame de Graces Quest, Cdte St. Paul, St. Gabriel and Verdun, and Hochelaga and St. Jean Baptiste wards of the city of Montreal, and the nearest islands lying wholly or in part opposite such places, excepting those specially mentioned as belonging to other counties. C. S. L. C, ch. 75, s 1, § 3. Huntingdon.— The county of Huntingdon is bounded on the south by the frontier line, on the east by the counties of St. John and Napierville, on the north by the county of Chateauguay, on the north-east by the counties of Chateau- guay and Beauharnois, and on the north-west by the river St. Lawrence, including the nearest islands situated wholly or in part opposite thereto. The county so bounded comprises the township of Dundee, that of Godmanchester which includes a part of the village of Huntingdon, and also the parishes of St. Anicet and Ste. Barbe, the township of Elgin, that of Hinchinbrooke which includes the remainder of the village of Huntingdon, the townships of Franklin and Havelock, and the township of VISION. by the River len I.slands, is wholly or d seigniories e, la Grande d River and hristie, I)u- 1 ISydonham, y north, the le village of Porc6, New- ocque, Gait, township of u Cap Chat, these limits. 10, and cb. •med of the )n[iprises the Riviere des towns of St. iges of C6te Outremont, I de Graces dllochelaga eal, and the uch places, ng to other bounded on counties of e county of of Chateau- the river ited wholly of Dundee, le village of it and Ste. coke which ngdon, the ownship of EXTRACTS FROM STATUTES. 345 Ilcmmiugford which includes the village of Heinmingford. C, S. L. C, ch. 75,8. 1, § «2; 49-50 Vict., eh. 50. Iberville.— The county of Iberville is bounded on the north by the county of R:»uville, on the east and south by the county of Missisquoi, and on the west by the river Richelieu, including the nearest islands situated wholly or in part oppo- site thereto. The county, so bounded, comprises the town of Iberville, and the parishes of St. George d'llenryville, St. Alexandre, St. Athanase, St. Grdgoire, St. Sdbastien and St. Brigitte. C S. L. C, oh. 75, s. 1, § 61. Jacques Cartier.— The county of Jacques Cartier is formed of the western part of the Island of Montreal and of the whole of He Bizard, and comprises the town of Lachine, the parish of Lachine, that of Pointe Claire which includes the village of Pointe Claire, the parish of Ste. Anno du bout de rile which includes the village of Ste. Anne do Bellevue, the parish of Ste. GenevicVe which includes the village of Sto. Genevi(ive, and the parishes of St. Laurent and St. Raphael de rile Bizard, including the nearest islands situated wholly or in part opposite thereto. C. S. L. C, ch. 75, s 1, § 4. Joliette.— The county of Joliette is bounded on the south- east and on the north-east by the county of Berthier, on the north-west by the limits of the province, and on the south-west by the counties of Montcalm and I'Assomption. The county, so bounded, comprises the parishes of St. Charles Borroni6e, St. Paul, St. Felix de Valois, St. Jean de Hatha, St. Thomas, Ste. Elizabeth, fete. M^lanie, St. Bea- trix, St. Ambroise de Kildare, Bienheureux Alphonse de Rod- riguez, St. C6me and Ste. Emilie de TEnergie, that part of the township of Cartier not included in the parish of St. Cdme, the township of Tracey, the town of Joliette, and the un- organized territory comprised within these limits. C.S.L. C, ch. 75, s. 1, § 17 ; 27-28 Vict., ch. 51, s. 1 ; 32 Vict., ch. 47, s. 1 ; 33 Vict., ch.44, s. 1 ; 40 Vict., ch. 37, s. 1. Kamouraska. — The county of Kamouraska is bounded on the north-east by the county of Temiscouata, on the south- west, by the county of L'Islef, on the north-west by the river St. Lawrence, and on the south-east by the frotUier line and the county of Temiscouata, including Hare Island and the nearest islands situated wholly or in part opposite thereto. 346 ACT RESPECTING THE TERRITORIAL DIVISION. : ■' The county, po bounded, compriHcs thatpurt of the parish of Notro-Dauie du l*ortage, which formerly was j»art of ho jMirish of St. Andr^-, the pari.-^hes of 8t. Andr^';, St. Ah xariurc and Ste. JI<'dene, that of St. Louis do Kaniouraska which in- cludes the villaj^t! of Kaniouraska., the ])arishe.sof St. Pa«(dial, St. DeiiiH, St. I'hilipiie de N^Ti, Notre-Dame du Mont-Car- mel, Notre-I)ain(! de Iiies.«e de la lliviere-Ouelle, Si. Pacr)nie, St. Anne de In Pocatiere and St. <>n(''z^rrtc; that part of the town of Woodhridge not irsclnded in tlie jiarish of St. l*as- chal, that j)art of the towuHJiip of Ixworth no* included in the ]>arish of St. t)n<''/jine, and the townf«hi»)S of Parke, Pun- gay, Chai)aiH, Pjiinchaurl, Chabot and I'ohenegainook. C. S. L. C, ch. 75, 8. 1, § o8; 4;3 Vict., ch. 42, s. 1. Laprairie.— The county of Laprairie comprises the parish of Laprairie which incluart opposite thereto. C S. 1^. C, ch. 75, s.!, §8. L'AsSOmption.— The county of L'Assomption is bounded on tlie m)rth-ea,st by the counties of Perthier anunty of J{(!ilechass(,', on the south-east by the county of I>or','|ny;ter', on the soutli -west by the county of Lotbiniere, and <>!' *he tiorlh-wost by the river St. Lawrence^ rsioN. EXTUACTS FROM STATUTES. 347 the parii'h j»ii.rt of Ihc Al( xarxirc I which in- )t. Pa.sc.lial, Mont-Car- )[. P.icr)ino, »jirt of the >f St. l»as- iicludcd in iirkc, Hiui- [>ok. C. S. c parish of he parishes •0 and 8t. Ihe nearest ). C. b. Ji. joundod on Jolictte, on iwa, on tho the north- west inlands of St. Sul- vvith Jlo j\ urdon, IIo slets adja- cliides the lioch (f I/auren- I. 51, s. I ; IIS atid the »', thereto, iM»rt h-east lie county ."< I»ini<"re, The county, .so bounded, compri.sos the parish of St. Jo.scph do la Pointo L^'vis which includes the village of Lauzon, the parish of Notre- Danic do la Victoiro which includes the village of lii(;nville, the f)arishes of St. David de I'Auberi- viere, St. Tclcsphore, St. Komuald d'Klchennn, St. Nicolas, St. Etienne, St. Lainhert, St. Jean Chry^ostrtino and St. Henri de Lauzon, and the town of Leviy. C, L. S. C, eh. 75, {?. 1, § 2'J ; 37 Vict., eh. 20, s. 1. L'Isiet* — The County of L* Islet is bounded on the north-east by the county of Kamouraska, on the south-we.st by the county of Montmagny, on the south-east by the frontier line, and on the north-west by the river St. Lawrence, including the nearest islands situated wholly or in part opposite thereto, excepting those belonging tj the foonty of Mont- magny. The county, so bounded, comprises the parishes of St. Roch des Aulmets, St.. Jean Port-Joli, L'Lslet, St. Eugiine, St. Cyrille, St. Aubcrt and Ste. Louise ; that part of the town- ship of Fournier not included in the j)arish .. St. Aubert, and the townships of Ashford, Beaul)ien, Arago, (iarneau, La Fontaine, Leverrier, Casgrain and Dioruie. C. S. L. C, eh. 75, 8. 1, § 40. Lotbinierj.— The county ol LotbiniAre is bounded on the north-west by the river St. Lawrence, on the .«outh-west by the counties of Nicolet, Arthabaska and Megantic, on the south-east by the counties of Megantic and Beauce, and on the north-cast by the counties of Levis, Dorchester and Ueuace. The county, so bounded, comprises the parishes of St. Jean Deschaillons and Ste. Philomcno de Fortierviile, that of Ste. Lmiiie wliich includes the village of Leclercville, and tlie parishes of St. Louis de Lotbiniere, St. K0!,11,0 thereto. 348 ACT RESPECTING TEE TERRITORIAL DIVISION. S>l The county, so bounded, comprises the parishes of St. Antoine de la Kivi^re du Loup which includes the town of Louiseville, the parishes of Miiskinongo, St. Leon le (Irand, St. Paulin, Ste. Ursule, St. Justin, St. Didace and St. Alexis, that part of the township of Decalonnes not included in the parish of St. Alexis, the townships of Chapleau and Masson and the unorganized territory comprised within these limits. C. S. L. C, ch. 75, s. 1, § 21 ; 43-44 Vict., ch. 36, s. 1. Megantic. — The county of Megan tic comprises the ships of Inverness and Nelson, that of Somerset which includes the village of Plessisviile, and the townships of Halifax North, Halifax South, Leeds, Thetford, Ireland and Colraine. C. S. L. C, ch. 75, s. 1, § 47 j 26 Vict., ch. 7, s. 1. Misslsquoi. — The county of Missisquoi comprises the parish of St. Thomas de Foucault, that of St. George de Clarenceville which includes the village of Clarenceville, the parish of St. Armand East which includes the village of Frelighsburg, the parish of St. Armand West which includes the village of Philipsburg, the parishes of Notre Dame des Anges, St. Ignaoe and St. Damien, the township of Dunham which includes the villages of Dunham, Cowansville and Sweetsburgh, the western portion of the township of Farn- ham, and the town of Farnham. C. S. L. C, ch. 75, s. 1, § 64. Montcalm.— The county of Montcalm is bounded on the north-east by the county of Joliette, on the south by the counties of TAssomption and Terrebonne, on the south-west by the counties of Terrebonne, Ottawa and Pontiac, and ori the north by the northern limits of the Province. The county, so bounded, couiprises the parish of St. Jacques de I'Aehigan, St. Alexis, St. Esprit, St. Liguori and Ste. .Julienne, the townships of Rawdon, Chertsey, Chilton, Lusfier and Archambault, that part of the townships of Kilkenny and Wexford not included in the parishes of St. Hypolite, Ste. Ad^le and Ste. Marguerite du Luc Masson, whi^li are in the county of Terrebonne, and the unorganized territor"> comprised within these limits. C. S. L. (J., ch. 75, 8. 1, § 16; 27-28 Viet., ch. f)l, s. 1 ; 33 Vict., ch. 44, s. 1 ; 36 Vict., ch. 34. s. 1 ; 46 Viet., ch. 36, s. L Mouitnaagny— The county of Montmagny is bounded on the nortli-east by the county of L'Islet, on the south-ea.st by the frontier line, on the south-west by the county of Belle- 1 1 VISION. EXTRACTS FROM STATX^TES. 349 ■.; ishes of St. the town of )n le (Irand, d St. Alexis, jluded in the and Masson these limits. 5, s. 1. es the a- lerset which townships of , Ireland and ., ch. 7, s. 1. mprises the ,. George de 3nceville, the le village of bieh includes re Dame des p of Dunham ansville and hip of Farn- h. 75, s. 1, § nded on the outh by the le south-west tiac, and on. e. iirish of St. Liguori and scy, Chilton, owiiships of inhes of St. Lie Masson, unorganized L. C, ch. 75, 14, s. 1 ; 36 bounded on outh-east by iity of BcUo- chasse, and on the north-west by the river St. Lawrence, including (irosse lie, Goose Island, Crane Island, lie Ste. Marguerite, lie Patience, and the nearest islands situated wholly or in part opposite such county. T'he county, so bounded, comprises the jtarishes of Caj) St. Ixiiace, St. Thomas de Montmagny, St. Pierre de la Rivitire du Sud, Notre Dame de Berthier, St. Francois de la Riviere du Su«l and St. Paul de Montminy, the townships of Rour- dages, Patton, Talon, Rolette and Panet, that part of the township of Ashburton not included in the parish of St. Paul de Montminy, and the town of Montmagny. C. S. L. C, i-h 75, s. 1, § n ', 22 Vict. (1858), ch. 1 J, s. 1 ; 28 Vict., ch. I), s. 1 J 39 Vict., ch. 43, s. 1 ; 46 Vict., ch. 37, s. 1. Montmorency.— The county of Montmorency is bounded on the soutli-wesi by the county of Quebec, on the north by the parallel of the torty-eighth degree of north latitude, on the north-east by the county of Charlevoix, and on the south-east by the river St. Lawrence, including the Islan Vict., ch. 47, s. 1. Montreal Centre —The Centre division of the city of Montreal comprises St. Ann, West, Centre and East wards. C. S. L. C, eh. 75, s. 1, § II ; 48 Vict., ch. 5, s. L Montreal East.— The East division of the city of Montreal comprises St. Louis, St. James and St. Mary's wards. C. S. L. C, ch. 75, s. 1, § 11. Montreal West. -The West division of the city of Mont- real eompri^c.^ Si Antoine and St. Lawrence wards, iiiclnding Mount Royal Park. C. S. L. C, ch. 75, s. I, § 11 ; 48 Vict., ch. 5, s. 1. Napierville.— The county of Napierville comprises the parish of St. Patrice de Shertington, that of St. Cyprien which includes the village of Na])ierville, the parishes of St, '■I,: m u f-l m 'Vii 350 ACT RESPECTING THE TERRITORIAL DIVISION. i'! Edouard and St. Michel Archange, and that of St. R<^mi which includes the village of St. lldmi. C. S. L. C, ch. 75, s. 1, § 60; 32 Vict., ch. 4(i, s. 1. Nicolet. — The county of Nicolet is bounded on the north- east by the county of Lotbinitirc, on the south-east by the counties of Arthabaskaand Drumiuond, on the south-west by the counties of Drummond and Yainaska, and on the north- west by the river St. Lawrence. The county, so bounded, comprises the parishes of Ste. Sophie de Levrard, St. Pierre les Becquets, lientilly, Becan- cour and Ste. AngtJle de Laval, that of St. Gregoire which includes the village of Larochelle. the parishes of St. Jean Baptiste de Nicolet, Ste. Monique, St. C^lestin, Ste. (xer- trude and Ste. Marie de Blandford, that part of the parish of St. Louis to the north-west of the line between lots num- bers 18 and 19 in range A, and in ranges 5, 6, 7, 8 and 9 of the township of Blandford, the parishes of St. WencesJas, Ste. Perpdtue, Ste. Brigitte des Saults, St. Leonard, Ste. Eulalie and St. Samuel, and the town of Nicolet. C. S. L. C, ch. 75, s. I, § 24 ; 25 Vict., ch. 50, s. 1 j 41 Vict., ch. 26, ss. 1, 2, 4 and 8; 46 Vict., ch. 38, s. 1. Ottawa* — The county of Ottawa is bounded on the east by the counties of Argenteuil and Terrebonne, on the north-east by the county of Montcalm, on the west by the county of Pontiac, and on the south by the river Ottawa, including the islands belonging to the province of Quebec, situated opposite to such county. The county, so bounded, comprises the city of Hull, the parish of Notre Dame de Bonsecours which includes the vil- lage of Montebello, the parishes of Ste. Angolique and St. Andrd Avellin, the township of Lochaber, which includes the village of Thurso, the augmentation of Lochaber, the town- ship of Buckingham which includes the village of Bucking- ham, the township of Templeton which includes the village of (jiatineau Point, the augmentation of Templeton, the town- ship of Hull which includes the village of Aylmor, the town- ships of Eardly, Mashani, Wakefield, Portland, Derry, Mal- grave, Ripon, Deuholnie, Low, Aylwin, Hiueks, liowman, Villencuve, Lathbury. Uartvvcll, Sutfolks, Pon.'^onby, Amherst, Addingtou, Prc^iton, Bidwell, WelUs Bigelow, Wright, North- field, Blake, McUill, Labelle, Clyde, Dudley, Bouchette, Cameron, Wabassee, Joly, Maniouaki, Ke.isington, Egau, Aumoud, Bouthillier, Kiamica, Loranger, Murchuud, Sicotte, HVISION. of St. U6jn'i L. C, ch. 75, on the north- h-cast by the south-west by on the north- rishes of Ste. ntilly, Becan- regoire which BS of St. Jean tin, Ste. (xer- of the parish reen lots num- , 7, 8 and 9 of 5t. WencesJas, Leonard, Ste. olet. C. S. L. I Vict., ch. 2(), on the east by the north-cast the county of iwa, including ebec, situated r of Hull, the eludes the vil- ''licjue and St. ih includes the Dcr, the town- of Bucking- 1 the village of ton, the town- mer, the town- , Derry, Mal- •ks. Bowman, 111 by, V mil erst, Vrigiit, North- y, Bouchette, ington, Egan, ihaud, Sicotte, EXTRACTS FROM STATUTES. 351 Litton, Baskatong, La Minerve, Mousscau, Lynch, Lcsngc, Campbell, and Robertson, and the unorganized territory comprised within these limits. C. S. L. C, ch. 75, s. 1, § I. Fontiac. — The county of Pontiac is bounded on the east by the county of Ottawa, on the south and south-west by the river Ottawa, on the west by lake lY'miscamingue and a lino drawn true north from the head of that lake to the northern limits of the Province, op the north by the northern limits of the Province, and on the north-east b}' the county of Mont- calm, including the Grand Calumet, Allumettes and Petitea Allumettes islands, and the other isliinds belonging to the Province of Quebec situated opposite to such county. The county, so bounded, comprises the township of Onslow which includes the village of Quyon, township of Bristol, that of Clarendon which includes the village of Shawville, the township of Litchfield which includes the villages of Bryson and of Portage du Fort, the townships (»f Tiiorne, Aldfield, Mansfield, Waltham, Chichester, Sheen, Esher, Malakoff, Aberdeen, Aberford, Cawood, Leslie, Alleyn, Clapham, Huddersfield, Dorion, Church, Pontefraet, Bryson, Duhamel and Guigues, and the unorganized territory com- prised within these limits. C. S. L. C, ch. 75, s. I, § 2. Portneuf — The county of Portneuf is bounded on the north-east by the county of Quebec, on the south-east by the river St. Lawrence, and on the south-wesi and north-west by the county of Champlain. The county, so bounded, comprises the parishes of Gron- dines, St. Casimir, St. Ubalde, jSotrc Diime des Anges do Montauban, Deschambault, St. Alban, Portneuf, St. Basile, St. Raymond, Cap Sant('', Ecureuils, Pointe aux Trembles, Ste. Janne de Neuvillc, St, Augustiji and Ste Catherine, that part of the townships of Montauban and Cliavigny not included in any parish, the townships <^t Colbert, Alton. Hois, Lasalle, and Parknian, the seigniory of Perfhiiis, anrt, St. er, find St. ritory com- L, § 27; 31 • of Quebec , that part »f Artillery \lK>e as far ; lying bet- stern limits ch. 75, s. 1, of Quebec id that part towards? the |ues Cartier jstern limits lity of the Notre-Dame licipality of 15 Vict., ch. , ch. 61. •uebec com- ■ Montcalm and of its city limits, 1 })roionga- leue, theucc lie banlieuo . L. C, ch. (led on the east by the nth-west by and on the river St. .' yiarish of tlu" s<»iith 1 I 'Ours and the nurth- EXTUACTS FROM STATUTES. 353 western limits of the county of Maskinong^, including the nearest islands situated wholly or in part opposite to such county and not belonging of the county of Berthier. The county, so bounded, comprises the towns of Sorel and St. Ours, the parishes of St. Joseph and St. Pierre de Sorel, the parish of Ste. Anne de Sorel which includes He de Grace, He aux Corbeaux, He k la Pierre, He du Moine, He des Bar- ques, He aux Raisins, and all tho small islands and battures included wii hin such extent of territory comprised by such islands and ai.^o those situated to the south thereof, and the parishes of Sle. Victoire, St. Robert, St. Aim4, St. Marcel, St. Ours, St. lioeh and St. Louis. C. S. L. C, ch, 75, s. 1, § 18 ', 39 Vict., ch. 37, ss. 3 and 4 ; 44-45 Vict., ch. 33, s. 1. Sichmond — The county of Richmond comprises ihe town of Richmond, the township of Melbourne which includes the village of Melbourne, the township of Brompton, that of Shipton which includes the village of Danville, the town- ships of Cleveland atid St. George de Windsor, that of Windior which includes the village of Windsor Mills, and the township of Stoke. C. S. L. C, ch. 75, s. 1, § 48. , ^ Bimouski — The county of Rimouski is bounded on the north-east by the county of Gasp6, on the south-west by the county of Temiscouata, on the south-east by the county of Bonavonture and the frontier line, and on the north-west by the river St. Lawrence, including the nearest islands situated wholly or in part opposite to such county. The county, so bounded, comprises the town of St. Germain do Rimouski, and the parishes of St. Simon, St. Mathieu, St. Fabien, Ste. C^cile dii Bic, St. Valerien, Notre-Dame du Sacr^-Coeur, St. Germain de Rimouski, Ste. Blandine, Ste. Anne de la Pointe au Poro, St. Donat, St. Anaclet and Ste. Luce, the parish of Ste. Flavie which includes the village of Mont-Joli, the parishes of St. Joseph de Lepage, Ste. AngMe de Mdrici, St. Gabriel, St. iMoi'se, St. Octave de Metis, Notre- Dame de I'Assomption de MacNider, St. Damase, St. Ulric, St. Jerome de Matane and Ste. Felicite, the seigniories of lake M^tis and Matapedia, that part of the townships Duquesne, M»cp6s, Neigette, Fleuriault, Masse, Cabot, Mitane, St. D6nis, Tessier and Cherbourg not included in any parish, that part of the t«>wnsliip of Rouiieu.v not inciluded in th«! parish of St. Norbort du (-ap Chat which is in the count;y of (iaspe, the townships of Dalibaire. Biencourt, B(^dard, Chenier, Ouimet, Flynn, Huin-jui, L«»p;i;xi', Casupseull, Matalik, \ % J I A. 354 ACT RESPECTING THE TERRITORIAL DIVISION. ?fB ■ i Awaatjish and Nerotay^, and the anoi^anited territory comprised in these limits. C. S. L. C, eh. 75^ s. 1, § 37 j 29 Vict., ch. 52, s. 10; and ch. 55, s. 1. Eouville. — The county of Rouville is bounded on the north- east and north by the counties of St. Hyacintheand Bagot, on the east by the counties of Shefford and Brome, on the south- east and south-west by the counties of Missisquoi and Iberville and on the west by the rirer Richelieu, including the nearest islands situated wholly or in part opposite thereto. The county, so bounded, comprises the parish of St. Mathias, that of Ste. Marie de Monnoir which includes the village of Marieville, the parishes of Ste. AngSle, St. Hilaire and St. Jean-Baptiste, the parish of St. C^saire which includes the village of St. C6saire, the parish of I'Ange Gardien which includes the village of Canrobert, the parish of St. Paul d'Abbotsford, and that of Notre-Dame de Bonse- sours which includes the village of Richelieu. C.S. L. C, ch. 75, 8. 1, § 58 J 27-28 Vict., ch. 54, s. 1 ; 42- 43 Vict., ch. 44, 8. 1 J 48 Vict., ch . 37, s. 1. Saguenay. — ^The county of Saguenay is bounded on the south and south-east by the gulf and river St. Lawrence, on the south by the parallel of the forty-eighth degree of north latitude as far as the county of Chicoutimi, on the north- west and west by the county of Chicoutimi, and on the north and north-east by the limits of the province, including the islands and islets of Mingan, the island of Anticosti, and the nearest islands situated wholly or in part opposite to such county. The county, so bounded, comprises the townships of Saguenay, Sagard, Dumas, Tadousac, Albert, Bergeronnes, Escoumains and Iberville, the seigniory of Mille Vaches or Portneuf, the townships of Laval, De La Tour, Betsiamites, Manicouagan, Lafl^che, De Monts, Le Neuf, Amaud, Letel- lier and Moisic, the parish of St. Pierre de la Pointe aux Esquimaux, and all other territory comprised within theso limits. C. S. L. C, ch. 75, s. 1, § 33 j 26 Vict., ch. 8 j 36 Vict., ch. 30. Shefford. — The county of Shefford comprises the township of Milton which includes a part of the village of Ste. Puden- tienne, the township of Roxton which includes the village of Roxton Falls and the remainder of the village of Ste. Pu- dentienne, the township of Ely, that of Granby which includes the village of Granby, the township of Shefford "WE.^ ISI05. EXTRACTS FROM STATUTESt 355 •d territory 1, § 37 J 29 yn the north- nd Bagot, on n the south- md Iberville g the nearest to. krish of St. includes the Angdle, St. St. C^saire rish ofl'Ange rt, the parish me de Bonse- .S.L. C, eh. Vict., ch, 44, mded on the LaTfrence, on Bgree of north )n the north- l on the north including the costi, and the josite to such townships of Bergeronnes, lie Vaches or Betsiamites, maud, Letel- a Pointc aux within these 8 J 36 Vict., the township )f Ste. Puden- the village of e of Ste. Pu- ^ranby which p of Shefford which includes the village of Waterloo, and the township of Stukely. C. S. L. C, ch. 75. s. 1, § 53. Sherbrooke — The city of Sherbrooke comprises the muni- cipal city of Sherbrooke, the township of Orford and that of Ascot which includes the village of Lennoxville. C. S. L. C, ch. 75, s. 1, § 52 ; 39 Vict., ch. 50, s. 4. Soulanges. — The county of Soulanges comprises the parish of St. Joseph des Cadres, which includes the village of Soulanges, the parishes of St. Ignace du Cdteau du Lac and St. CIct, that of St. Zotique which includes the village of Cdteau Landing, the parishes of St. Polycarpe and St. T^les- phore, and that part of the parish of St. Lazare which for- merly formed part of the parish of St. Joseph des GMres. C. S. L. C, ch. 75, s. 1, § 7. Stanstead. — The county of Stanstead eomprises the town" ship of Stanstead which includes the villages of Rock-lslandi Stanstead Plain and Beebe Plain, the township of Barnston which includes the town of Coaticook, the township of Hatley, that of Barford which includes the village of Dixville, and the township of Magog. C. S. L. C, ch. 75, s. 1, § 51. St. Hyaciiithe — The county of St. Hyacinthe is bounded on the north-east by the counties of Richelieu and Bagot, on the east by the county of Bagot, on the south and south-west by the county of Rouville, and on the west by the river Riche- lieu and by the county of Richelieu, including the nearest islands situated wholly or in part opposite to such county. The county, so bounded, comprises the city of St. Hyacin- the and the parishes of St. Hyacinthe le confesseur, Notre- Dame de St. Hyacinthe, St. Damase, La Presentation, St. Barnnb^, St. Jude, St. Charles, St. D^nis and Ste. Marie Madeleine. C. S. L. C, ch. 75, s. 1, § 56 ; 42-43 Vict., -h. 44, s. 1 ; 44-45 Vict., ch. 33, s. 1 ; 48 Vic*.., ch. 37, s. 1. St. Johns. — The county of St. Johns comprises the town of St. Johns and the parishes of St. Luc, Ste. Marguerite de Blairfindie, St. Johns, St. Valentin and Lacolle, including the islands in the river Richelieu nearest to such county, and situated wholly or in part opposite thereto. C. S. L. C, ch. To, s. 1, § 59 J 43-44 Vict., ch. 35, s. 1. St Maurice. — The county of St. Maurice is bounded on the north-east by the electoral district of the city of Three Rivers, the river St. Maurice and the county of Champlain, on the south-east by the river St. Lawrence, on the south-west I i.'i - m 356 ACT RESPECTING THE TERRITORIAL DIVISION. by the county of Maskinong^ 358 ACT RESPEOTINO TllE TERRITORIAL DIVISION. TaniMka.— The ooanty of Yamaaka is boanded on the north- east hy the county of Nicolet, on the north-west by Lake St. Peter and the bay cf Lavallidro, on the south-west by the counties of Richelieu and Bagot, and on the south-east by the counties of Bagot and Drummond. The county, so bounded, comprises the establishment of the Abenakis, the parish of St. Michel d'Yamaska which in- cludes the village of St. Michel, and the parishes of St. David de Guir, St. Ouillaume d'Upton, St. Francois du Lac, St. Pie de Guir, St. Bonaventure d' Upton, St. Thomas de Pierre- ville, St. Elph6ge, St. Antoine de la Baie du Febvre and St. Z^phirin de Gouryal. G. S. L. C., oh. 75, s. 1, $ 19 ; 36 Vict., eh. 37, 8. 1 J 49-50 Vict., oh. 54. 6. These electoral districts include all places within their respective limits, although not expressly enumerated in the list of places comprised. G. S. L. G., ch. 75, s. 2. 7* That portion of a river of which the two banks are within one electoral district is comprised therein. G.S.L.G., ch. 75, 8. 3, $ 1. 8. The limits of every electoral district bounded by a river extend to the middle of such river. G. S. L. G., ch. 75, 8. 3, § 2; M. G., art. 19, $ 1. 9. The nearness of an island or islet to an electoral district is measured by the relative distance between either side of the island or islet and the shore of the opposite electoral dis- trict. SECTION THIRD. DIVISIONS FOH THE LEGISLATIVE COUNCIL. % 10. The twenty-four divisions for the Legislative Gouncil are named and composed as follows : Alma.*-The parishes of Longue Pointe, Pointe aux Trem- bles, Riviere des Prairies and Sault aux Recollets, the town of Maisonneuve, the village of la C6te Visitation, that part of the village of Gdte St. Louis and of St. Jean-Baptiste ward of the city of Montreal to the east of St. Denis street and of its prolongation, and llochelaga ward of the city of Montreal in the county of Hochelaga, St. Mary's and St. James' wards in the east division of the city of Montreal, that part of the East ward which is east of Bonsecours and Victor streeUi in the Gentre diviBion of the city of Montreal and the oounty of Laval. ! ' EXTRACTS FROM STATUTES. 369 Bedford.— The counties of Missisquoi, Brome and Shefford. De U Dnranteyo.— The pariflhedof L'lslet, St. Eugdne and St. Cyrille and the townships of Beaubien, Arago and Lever* rier, in the county of Tlslnt, the counties of Montmagny and Beliechasse, and the parishes of St. Joseph de la Pointe Ldvy, St. Henri de Lauzon, Notre-Dame de la Victoire, St. David de TAuberivi^re and St. Tdlesphore, including the town of Levis and the villages of Lauzon and Bienville, in the county of Levis. Bo LftllAlidiere.— The county of Maskinong^^, less the town of Louiseville and the parishes of Riviere du Loup, St. L6on le Grand, St. Paulin and St. Alexis, the county of Bcrthior and the county of Joliette, less the parishes of St. Paul, St. Ambroise de Kildare, Bionheureux Alphonse de Rodriguei and St. Come. DeLaT&lliere.— The counties of Nioolet and Tamaskaand that part of the township of Upton included in the (mrish of St. ESugdne de Grantham, and the townships of Grantham and Wendover, less that part of the township of Wendovor comprised in the parishes uf Stu. Brigitte dos Saults, Ste. Perpdtue, St. Leonard and Ste. Glothilde de Ilorton, in the county of Drummond. OeLorimier — The counties of St. Johns and Napierville, the parishes of Ste. Glothilde, and that part of the parishes of St. Jean ChrysostAmo and St. Antoine Abb6, in the county of Chateauguay, and the townships of ilemmingford and Uavelock, in the county of Huntingdon. De Salaberry.— The parishes of St. Joachim de Chateau- guay, Ste. Philomdne, Ste. iMartine, St. Urbain premier, Ste. Malachie d'Ormstown and Tres-Saint Sacremeni, in the county of Chateauguay, the township of Dundee, (}odman- chester, Elgin, Hinohinbrooke and Franklin, in the county of Huntingdon, and the county of Beauharnois. Onlf-— The count es of Gasp<(, Bonaventure and Rimouski. OrandviHe.— The oountiey of Temiscouata,and Kamouraska and the parishes of St. Roch dos Aulncts, 'H. .Joan Port Joli, Ste. Louise and St. Aubcrt, that part of the township of Fournier, not included in the parish of St. Aubert, and the townships of Ashford, Lafontaine, Dionne, Garneau and Casgrain, in the county of T Inlet. Inkorman.— The counties of Argenteuil, Ottawa and Pon- tiao. 360 ACT RKSPECTINO THE TERRITORIAL DIVISION. « ( ni KeODebao. —The counties of Lotbinidre, Mdgantio and Arthabaska. Lft 8Alle>— The county of Quebec, less the parifihes of Beau- port, Charlesbourg, St. Dunstan du Lac Bcauport and St. Edmond, the county of Purtneuf, and that part of the centre and west divisions of the city of Quebec, in the banlieue of the city of Quebec. Lauion.— The parishes of St. Romuald d'Etchemin, St. Jean ChrysostAme, St. Lambert, St. Etivnne and St. Nicholas in the county of L^vis, and the counties uf Dorchester and Beauoe. Lei L'AUrentidei.— The counties of Snguenay, Chicoutimi, Gharlevo'X and Montmorency, and the parishes of Bcauport, Charlesbourg, St. Dunstan du lac Beauport and St. Edmondi in the county of Quebec. mile Illee.— The counties of Terrebonne and of Deux Mon- tagnes. Montarville.— The counties of Vorchdres, Chambly and Lnprairie. Bepentigny*— The parishes of St. Paul, St. Ambroisc de Kildare, Bioiihouroux Alphonne dc Uodrigucz and St. Cdme, in the county of Joliotte, and the counties of L^Asvomption and Montcalm. Kiffaud*— The parish of Cdte St. Paul, the towns of St. Ilenn and St. Cun<^gondo, the villngcs of St. Louis du Mile End, Outremont, C<^te des Neigcs, Cdte St. Antoinc, Notre Dame de (JrAoes-Ouest, Cdte St. Paul, St. Gabriel and Verdun, and that part of St. Joan Baptiste ward in the city of Montreal and of the village of Cdte St. Louis to the west of St. Denis street and of its prolongation, in the county of Ilochelaga, and the counties of Jacques Cartier, Vaudreuil and Soulangcs. Son^emont — The city of St. Hyacinthe and the parishes of St. Hyacinthe le ('onfesseur, Notro-Damedo St. Hyacinthe, St. Damage, St. Charles and Sto. Marie Madeleine, in the county of St. Hyacinthe, and the counties of Kouville and Iberville. 8hawinigan«->The counties of Champlain and St. Maurice, the city of Three Rivers, the town of Louiscville and the parishes of Rividre du Loup, St. Ldon lo Grand, St. Paulin and Si. Alexis, in the county of Maskinong^^. It i OK. itio and of Benu- t and St. ho oontre inlieue of Bmin, St. . Nicholas lestor and ^icoutimi, Bcnuj»ort, , Edmond, )eux Mon- icibly and nbroipc de St. Cdmo, Lr<>iouiptioD wn8 of St. is du Milo line, Notre ibriel and n the city o the west county of Vttudreuil Ic parishes jlyaointhe, |no, in the tville and t. Maurice, and the >t. Paulin EXTRAOTB FROM STATUTES. 361 Sorel— The counties of Richelieu and Rairot, and the pnri.shos of Si. Dtni^. Ih Presentation, St. Barnabt and St. Judo, in the county of St. Ilyacluihe. SUldaOOlia*— The east, centre and west divisions of the city of Quebec, less that part of the two latter divisions in the banlieue of Quebec. yiotorift'— The centre and west divisions of the city of Montreal, less that part of the east ward to the east of Bonsecours and Victor streets, and St. Louis ward in the east division of the city of Montreal. Wellington.— The townships of Durham, Wickham, Simp- son and Kingsey, less that part of the township of Simpson included in the parish of Ste. Clothilde de Ilorton, in the county of Drumniond, the county of Richmond, the city of Sherbrooke, and the counties of Wolfe, Compton and Stan- stead. C. S. C, 0. 1, schedule A. SECTION FOURTH. JUDICIAL DISTRICTS. 11. The twenty judicial districts of the province are named and composed as follows : Arthabaik* -The county of Arthabaska, less the south- east half of lots numbers 25, 26, 27, 28 and 29 of the eleventh range of the township of Tingwick, and the counties of Drumraond and Megantio. — Chef-lieu. — Arthabaskavilie. Beanee— ^The counties of Beauce and Dorchester. — Chef" lieu.- — St. Joseph de la Beauce. Beaah&rnoli.~Tbe counties of Beaubamois, Chateauguay and Huntingdon. — Chff-lieu — Beauharnois. Bedford.— The counties of Brome, Missisquoi and Shofford. — Chef-lieu. — Sweetsburg. Chiooatimi— The county of Chiooutimi.— CA«/-/i«tt Chi- coutimi. Uaipe*— The county of Oasp^. — Chef-lieu.— Verc^. Bonaventnre.— The county of Bonaventure.— rA^/-/i«ti. — Now Carlisle. Iberrille.— The coanties of Iberrille, Napierville and St. Johns. — Chef 'lieu. — St. Johns. 362 ACT RESPBOTINO THE TERRITORIAL DIVISION. ft Joliette.— The oonnties of Joliette, L'Assomptiua and Montoalin. — Chef-lieu. — Joliette. Kamoiiraska>--The counties of Kamooraska and Temls- eouata. — Chef-lieu. — Fraserville. Montmagny*— The coanty of Bellechasse, fess the parish of Beaumont, and the counties of L'Islet and Montmagny. — Chef-lieu. — Montmagny. Montreal. — The counties of Chambly, Hoohelaga, Jacques , Cartier, Laprairie, Laval, Soulanges, Vaudreuil and Ver- ' ohdres, and the three divisions of the city of Montreal. — Chef-lieu. — Montreal. Ottawa.— The counties of Ottawa and Pontiac. Chef-lieu. — Aylmer. ♦ Quebee-— The counties of Levis, Lotbinidre, Montmorency, Portneuf and Quebec, the parish of Beaumont in the county of Belleohasse, and the three divisions of the city of Quebec. — Chef -lieu. — Quebec. Biohelieu- — The counties of Berthier, Richelieu and Yamaska. — Chef -lieu. — Sorel. Bimooski — The county of Rimouski. — CAe/-^'eu. — St. Germain de Rimouski. Sagnenay. — The counties of Charlevoix and Saguenay . Chef -lieu. — St. Etienne de la Malbaie. 8t< Francis*— The counties of Compton, Richmond, Stan- stead and Wolfe, the south-east half of lots 25, 26, 27, 28 and 29 of the eleventh range of the township of Tingwick in the county of Arthabaska, and the city of Sherbrooke. — Chef-lieu. — Sherbrooke. St. Hyacinthe. — The counties of Bagot, Rouville and St. Hyacinthe.— Chef -lieu. — St. Hyacinthe. Terrebonne*- The counties of Argenteuil, Deux Montagues and Terrebonne.— CAe/-iiea. — Sto. Scholastique. Three Rivers.- The counties of Champlain, Maskinong^, Nicoletand St. Maurice, and the city of Three Rivers. — Chef- lieu. — Three Rivers. C. S. L. C, ch. 76, s. 5 and schedule ; 33 Vict., ch. 42, s. 1 } 36 Vict., ch. 35, s. 1 ; 44-45 Vict., ch. 23, s. 1. • When the Act 40-50 Vict., ch. 6. takes effect the chef-liea of the district of Ottawa will be the city of HolL [OK. ^loa and d Temis- he parisb mtmagny. 1, Jacques . and Ver- lontreal.— Chef-lieu. ntmorency, le county of ' Quebec. — belieu and f'lieu. — St. Saguenay.— mond, Stan- 5, 26, 27, 28 of Tingwick lerbrooke. — rille and St. Ix Montagues iaakinong^ , [vers.— Cfcc/- (ot., ch. 42, 8. ll. le chef-lieu of EXTRACTS FROM STATUTES. 363 12. The Lientenant-OoTernor in Council may divide the Judicial district of Ottawa into two districts ; and, from the day fixed in the proclamntion issued to that end, the county of Ottawa will become a district to be called the district of Ottawa, and the county of Pontiac, another district, to be called the district of Pontiac. 43-44 Vict., ch. 7, s. 4. SECTION FIFTH. THE REGISTRATION DIVISIONS. 13. The sixty -nine registration divisions of the province are named and composed as follows : Argentenil, (county of). — The county of Argenteull. — Lachute. Arthabaska, (county of). — The county of Arthabaska, less the lots from No. 13 to No. 28, inclusively, of the eighth and ninth ranges, and the whole of the tenth range of the township of Simpson, and lots from No. 1 to No. 9, inclu- sively, of the tenth, eleventh and twelfth ranges of the township of Wendover included in the parish of Ste. Clo- thilde de Horton. — Arthabaskaville. Bagot, (county of). — The county of Bagot. — St. Liboire. Beance, (county of). — The county of Beauce. — St. Francis. Beanhamoii, (county of). — The county of Beauharnois. Beauharnois. Bellechasse, (county of).— The county of Bellechasse.— St Michel. Borthior, (county of). — The county of Berthier. — Borthier. Boxukyenture, (first registration division of the county of). That part of the county of Bonaventure to the cast of the river Grand Ca8cap<5diac. — New Carlisle. Bonaventure, (second registration division of the county of). — That part of the county of Bonaventure to the west of the river Grand Cascap^diac. — St. Joseph de Carleton. Brome, (county of). — The county of Brome. — Knowlton. Cliambly, (county of). — The county of Chambly. — Lon- gueuil. Cliamplain, (county of).— The county of Champlain. — Ste. Genevidve de Batisoan. 364 ACT RESPECTINO TH£ TERRITORIAL DITISIOV. Ji .' ) in r: * Charlevoix and Baflrn^nay, (first registration dirision of the counties of).— Tlie county of Saguenay, and the parishes of St. Simdon, St. Fiddle, St. Ktienno de ia Maibaie, St. Ir6u{>o and Ste. Agndf, the townships of Calliftrcs, Chauveau and do Sii'es*, and the unorganized territory to the north of those parishes and townships, in the county ot Charlevoix. — St. Etionno de la Malbaie. *CharleToiz and Sagnenay, (second registration division of the counties of).— The parishes of St. Franrois Xavier do la Petite Hivit^re, Baie St. Paul, St. IJrbain, Eboulements and 8t« Hilarion, and the unorganized territory to the north of these parishes, in the county of Charlevoix, and the par- ish of St. Louis del'Ile aux Goudros.— Baie St. Paul. Chateangnay, (county of). — The county of Chateauguay. — Ste. Martine. Ghioontimi No- 1.— That part of the county of Chicoutimi to tho cast and south-east of the townships of Labarre and Plessis, and to the north of the river Saguenay as far as the river Peribonka.— Chicoutimi. Chioontimi No. 2.— That part of the county of Chicoutimi to the west and north-west of the eastern line of the town- ships of Labarre and Plessis and of the river Peribonka, in- cluding the island of Alma and the islands of tho west or in the vicinity of the said island. — U6bertville (but it may be changed by the Lieutenant-Governor in Council). Coaticook.— The township of Barford and that part of the township of Barnston to the east of lot number five in all the ranges thereof, including the village of Coaticook in the county of Stanstead. — Coaticook. * Undpr the act 49-60 Victoria, chapter 24, from and after the day fixed for that purpose by proclamation of the Lieutenant- Governor in Council, tne county of i^Muenay shall of itself con- stitute a reffistration division, which snail be called ** The Begis- tration Division of the County of Saguenay,'* and its office shall be held at Tadousac. From and after such day, the rerunining portion of the first registration devision of the counties of Chailevoix and Saguenay shall constitute a registration division under the name of the ** First Kegistration Divi-ion of the County of Charlevoix," and its office shall continue to be held at 8t. £ti«nne de la Malbaie ; and the second registration division of the counties of Charlevoix and Saguenay shall be known under the name of the ' ' Second Kegistration Division of the County of Charlevoix.'* * See the above note. HON. \j\ti\on of B parishes ilbaie, St. Chauveau north of Ticvuix. — 1 division Xttvier do loulemonts tho north d the pur- kuU eaugufty* — Ghicoutimi abarre and I tar as the Ghicoutimi r tho town- ^ibonka, in- west or in t it may be part of the five in all oook in the ,nd after the Lieut enaut- )f itself con- ••TheKegls- ,8 office shall of the first nd Saguenay name of the evolx," and la Malbaie ; f Charlevoix le ' * Second BXTRACTS FROM STATUTES. 365 Oompton, (county of).— The county ofCompton, loss the township of Compton. — Cookfthiro. Detiz MonUgnei, (Tipo Afountninn) (county of).— The county of Deux Montagues (^Two Mountaiim). — St. Scholaa- tiquo. Dorehetter, (county of).— The county of Dorchester. — Ste. lidn<^>dine. Drammond, (county of). The county of Drummond and lots from No. \'A to No. 2S. inclusively, of the eighth and ninth range;^ and the whole of tho tenth range of the town- ship of Simpson, and lots from No. 1 to No. 9, inclusively, of the tenth, eleventh and twelfth ranges of the township of Wendover included in the parish of Ste. Clothildede Ilorton, in the county of Arthabaaka. Drummondville. Oatpe. (county of). — The county of Gasp^, lew the Mag- dalen Islands and the municipalities of St. Maximo du Mont. Louis, Ste. Anne des Monts and St. Norbert du Cap Chat, but not including in the exception the township of Donouo and the unorganixed territory in rear thereof. — Perc6. Hoohelaga and Jacqaet Gartier, (counties of).— The coun- ties of Hochclaga and Jacques Cartior. — Montreal (but the Lieutenant Governor in Council may fix it in the county of Hochelaga). Hantingdon, (county of). — The county of Huntingdon. — Huntingdon. Ibervflle. (county of).— The county of Iberville Iberville. lies fe la Madeleine, {Mtufduhn A/anf];«).— The Magdalen islands in the county of Gaspd — Amherst. Iiland of Orleans.— The Island of Orleans, in the county o' Montmorency.— St. Laurent. Joliette, (county of). The county of Joliette. Joliette. Kamonraska, (county of). The county of Kamouroska. Kamouraska. Laprairie,(county of.) The county of Laprairic. Laprairie. L*Assomption, (county oQ. The county of L' Assomption. L*AsRomption. Layal (county of).— The county of Laval. — Ste. Rose. Levis, (county of).— The county of Levis.— Levis. L'Islet, (county of.)— The county of L'Islet.— St. Jean Port-Joli. 866 ACT RESPIOTIKG THE TERRITORIAL DITISIOV. ! ! !»: t f |i Lotbioiere, (ooantj of). — The county Lotbini^ro. — Ste. Croix. If aikinonge, (county of). The county of Maekinongd. — Louiseville. MegantiOy (county of). The county of Megan tic. Inver- ness. Miiliiqnoii (county of). The county of Missisquoi. Bed- ford. Montoalm, (county oO. The county of Montcalm. Ste. Julienne. Xontmagnyi (county of). The county of Montmagny. Montmagny. Montmorency, (county of). The county of Montmorency, less the island of Orleans. Chateau Richer. Montreal Eait— The East division, the East ward in the Centre division, and St. Lawrence ward in the West division, of the city of Montreal. Montreal. Montreal Weit— The Centre division, less the East ward and St. Antoine ward in the West division, of the city of Montreal. Montreal. KapierviUe, (county of). The county of Napierville. Napierville. Kicolett (county of). The county of Nicolet. Becancour. Ottawa, (county of). The county of Ottawa. Hull. Pontiac,(county of). The county of Pontiac. Brygon. Portneuf, (county of.) The county of Portneuf. Cap Sant^. Qnebee-— The three divisions of the city of Quebec and the county of Quebec. Quebec. Bichelien, (county of). The county of Richelieu. Sorel. Biclimond, (county of). The county of Richmond. Rich- mond. Btmooski, (first registration district of the county of). That part of the county of Rimouski to the north-east of the fiefPachot, the seigniory of Thibierge and Lepage and the prolongation of the north-east line of that seigniory to the rear of the county. St. Jerome de Matane. ISIOV. iiire. — Ste. >kinong6. — ,ic. Inver- luoi. Bed- calm. Ste. Qtmagny. mimorency, ward in the 3st division, East ward tlie city of pierville. Booancour. lEIull. Bryson. neuf. Gap >ec and the in. Sorel. )nd. Rich- anty of), east of the ge and the iory to the EXTRACTS FROM BTlTirTBS. 367 Ximoniki, (seoond registration district of the eoanty of). That part of the county of Rimouski to the south-west of th« seigniory of Metis, the township of Cabot and the prolong- ation of the south-west line of that township to the rear of the county. St. Germain de Rimouski. BouTilto, (county oO. The county of Rourille. Marioyille* Shefford, (county of). The county of Shefford. Waterloo. flherbrooke.— The city of Sherbrooke and township of Comp- ton, in the county of Compton. Sherbrooke. Soulangeii (county of). The county of Soulanges. Goteaa Landing. Stanitoad.— The townships of Stanstead, Hatley and Magog, and that part of the township of Barnston to the west of lot number six in all the ranges thereof. Stanstead Plains. Ste. Anne dos Monts.~The municipalities of St. Maxima du Mont Louis, Ste. Anne des Monts and St. Norbert duCap Chat, less the township of Denoue and the unorganized terri- tory in rear thereof, in the county ofGasp^. Ste. Anne des Monts. 8t- Hyacinthe, (county of). The county of St. Hyacinthe. St. Hyacinthe. St. Johnfi (county of). The county of St. Johns. St. Johns. Temiioonata, (county of). The county of Temiseouata. L'lle Verte. Terrebonne, (county of). The county of Terrebonne. St. Jerome. Three Kiyers — ^The city of Three Rivors and the county of St. Maurice. Three Rirers. Yandrenil, (county of). The eounty of Vandreuil. Vaudreuil. Vercherei, (county oO. The county of Verch^res. Ver- ch^res. Wolfe, (county of). The county of Wolfe. South Ham. Yamaika, (county of). The county of Yamaska. St. Francois du Lac . C. S. L. C, ch. 37, 83. 96 and 97 ;»22 Vict. (1858),'ch. 35 j 29 Vict., ch. 52, 8. 10 ; 29 Vict., ch. 55 ; 32 Viot., ch. 45, s. 1 ; 33 i I 368 ACT RE8PE0TINO THE TERRITORIAL DITIBIOV. Viot., oh. 41, 8. 1 ; 34 Vict., eh. :i], «. 1 ; 35 Viol., oh. 21, m. 1, 2 and 3 ; 36 Vict., ch.31, h. 1 j 36 Vict., ch. 32 ; 38 Vict., oh. 17, 08. 1, 2, 3, 4 and 0; 38 Vio^, ch.l8; 46 Vict., ch. 38; 47 Vict., ch. 42, 8. 1. SECTION SIXTH. MUNICIPAL DIVISIONS. 1 1 m ! mi ii Ni f 1. COUNTY IIUNICIPALITIKS. 14. The ft^xty-se^en county municipalities are named and oomposcd UR follows : Argent61lil*— The county of Argontuuil, lc8» the town of Lachute. Ar '..liabaska.~The county of Arthabaska. Bagot.— The eounfy of Bagot. Beance.— The county of Beauce. Beaoliairnois.—The county of Beauharnois, less the towns of Beauharnoi{< and Salaberry de Vallcyfield. BellecliaMe.— The county of Bellcchaosc. Berthier.— The county of Bertbier, less the town of Ber- thier. BonaTentnre.— The county of Bonaventure. Brome.— The county of Brome. Chambly*— The county of Chambly, less the townofLon- gueuil. Oiainplain.— The county of Champlain. Charlevoix (first division of the county of). — The parishes of St. Sim<^on, St. FidMe, St. Etienne de la Malbaie,. St. Irdn^'e andSte. Agn^s, the townships of Callii^res, Chauveau and de Sales and the unorganized territory to the north of these parishes and townships, in the county of Charlevoix. Charleyoiz, (second division of the county of.) — The par- ishes of St. Fran^ois-Xavier 4g la Petite Rividre, Bale St. Paul, St. Urbain, Eboulemools and St. Hilarion, and the un- organized territory to the north of these parishes in the county of Charlevoix. 9109. ob. 21 « M. ; 38 Vict., It., ch.38; EXTRACTS FROM STATUTES. 369 ■,!>•' namod and the town of gs the towns town of Ber- town of Lon- iThe parishes ^MalbaieKSt. ?s, Chauveau the north of Uiarlevoix. r.)— The par- Ire, Bale St. and the un- [rishes in the Cbateangnay.— The county of Chatcaugiiaj. Obioontimi No- 1.— That part of tho county ofOhicoutimi to the north-eaflt and gouth-oaMt of the towiishipH of Labarre and Plessis, Icms the town of Chicoutiini. Cbiooutimi No. 2.— That part of the county of Chicoutimi to the west and south-west of the townships of Konogami and Lartigues. Compton.— The county of Compton, less the township of Compton. DenzMontagnei (TVfo Jfounfatn«).— The county of Deux Montagnes {Tioo Mountains). DorehMter.— The county of Dorchester. Drummond.— The county of Drummond. Oatp6 No 1.— That part of the county of Onsp^^ to the east of the municipality of St. Maxime du Mont Louis, less the Magdalen Islands. Oaipe No. 2.— The Magdalen Inlands. Gkuipe No. 3.— The municipalitiefl of St. Maximo du Mont Louis, Ste. Anne dos Monts and St. Norbert du Cap. Chat, in the county of Gaspe. Hoohelaga.— The county of Uocholaga, \e99 Hochelaga and St. Jean Baptiste wards of the city of Montreal and the towns of St. Henri, Ste. Cunegonde and Mai»onneuve. Hnntinfi^on.— The county of Huntingdon. Iberville.— The county of Iberville, less the town of Iber- ville. Jacques Car tier .—The county of Jacques Carticr, less the town of Lachine. Joliette.— The county of Joliette, less the town of Joliette. XaniOarai^&*~'The county of Kamouraska. Laprairie.— The county of Laprairie. L'Assompticn.— The county of L'Assomption, less tho town of Laurentides. Laval,— The county of Laval. Levis.— The county of Levis, less the town of Levis. L'Islet.— The county of L'IsIot, Lotbiniere.— Tho county of Lotbini^ro. Xaskinonge.— The county of Maskinonge. 370 ACT >XBSPECmNO THE TERRITORIAL DIYISIOK. I W Xegantio*— The county of Megantic. Xi8eisqtioi.--The county of Missisquoi, less the town of Farnham. Montoalir;.— The county of Montcalm. Montiliagny.*"-The county of Montmagny, less Crane Island and the town of Montmagny. Montmoraney No. 1.— That part of the county of Montmor- ency situate on the north shore of the River St. Lawrence. Montmorency No. 2— The Island of Orleans. Napierrille — The county of Napierville. Nicolet>— -The county of Nicolet, less the town of Nioolet. Cttawa.— The county of Ottawa, less the city of Hall. Pontiac-— The county of Pontiac. Portneuf.— The county of Portneuf. Quebac.— The county of Quebec, that part of the banlieue of Quebec in Quebec Centre and Quebec West, and the muni- cipality of the parish of St. Sauveur de Quebec, the perishes of Notre Dame des Anges and Sacr^-Coeur de J^us, and the municipality of St. Rochs North, in Quebec East. Riolieliaa'— The county of Richelieu, less the towns of Sorel and St. Ours. Siclimond*— The county of Richmond, less the town of Richmond. Bimooiki (first division of the county of). — That part of the county of Rimouski west of the township of MacNider, less the town of St. Germain de Rimouski. Bimonski (second division of the county of). — That part of the county of Rimouski east of the seigniory of Metis. Bouvllle.— The county of Rouville. Sagnenav.— The county of Saguenay, less the municipali- ties uf St. Picrre de la Pointe aux Esquimaux, Escoumains and Tadousac. SheflEbrd— The county of Shefford. Sherbrooke— The township of Compton, in the county of Compton and the city of Sherbrooke, less the municipal city of Sherbrooke. Sonlang^B.— The county of Soulanges. 8tanstead.~The county of Stanstead. siov. EXTRACTS FROM STATUTES. 371 Vl L^ town of ane Island f Montmor- nwrence. of Nioolet. of Eall. the banlieae nd the muni- the perishes BUS, and the t. the towns of the town of -That part of ,f MacNider, -That part of Metis. e munioipali- L, Bscoumains St. Hyadnthe.— The county of St. Hyaointhe» leu the city of St. Hyacinthe. 8t« JohnB.— The county of St. Johns, less the town of St. Johns. St. Manrice — The county of St. Maurice and the city of Three Rivers, less the municipal city of Three Rivers. Temiscouata — The county of Temiscouata, less the town of Fraserville. Terrebonne-— The county of Terrebonne, less the town of Terrebonne. Vaudrenil.— The county of Vaudreuil. Vercheres.— The county of Verchdres. Wolfe.— The county of Wolfe. Tamaika.- The county of Yamaska. M. C. arts 24 and 1081 ; 22 Vict. (1858), ch. 34; 26 Vict., cb- 8 ; 32 Vict., ch. 44 ; 36 Vict., ch. 30 ; 37 Vict., ch. 43, s. 6 J 47 Vict., ch.42, s. 1 j 49-50 Vict., ch. 61. § 2. — LOCAL MUNICIPALITIES WHICH DO NOT PORM PART OF COUNTY MUNICIPALITIES. 15* The local municipalities hereinafter named do not form part of the county municipalities in which they are situate, and their councils have the attributes and powers of county councils. OF THE LOCAL MUNICIPALITIES WHICH DO NOT FORM PART OF COUNTY MUNICIPALITIES. CharlOToix — He aux Coudres. Montmagny.— Crane Island. Sagnenay.— St. Pierre de la Pointe aux Esquimaux, Escou- mains and Tadousac. the county of lunicipal city § 3. — CITIES AND TOWNS WHICH DO NOT PORM PART OP COUNTY MUNICIPALITIES. 16* The cities and towns constituted into corporations by special act, which do not form part of the county municipali- ties, are the following : 372 ACT RESPECTING THE TERRITORIAL DIVISION. IS I ■; t 1 ■< OF THE CITIES WHICH DO NOT FORM PART OF COUNTY MUNICI- PALITIRS. Montreal Centre.— Montreal, 37 Vict., oh. 51. Montreal East ^Montreal, 46 Vict., ch. 82. Montreal West and Hochelaga.— Montreal, 47 Vict., oh. 89 Ottawa. -Hull, 38 Vict., ch. 79. Qnebeo Centre.— Quebec, 29 Vict., ch. 57. qnebec East and Quebec West —Quebec, 29 Vict., ch. 57. Sherbrooke.— Sherbrooke, 39 Vict., ch. 50. 8t Hyacinthe.-St. Hyacinthe, 34 Vict., ch. 39. St. Maurice.— Three Rivers, 38 Vict., ch. 76. OF THE TOWNS WHICH DO NOT FORM FART OF COUNTY MUNI- CIPALITIES. Arsentenil.— Lachute, 48 Vict. 1 ch. 72. Beanhamois.— Beauharnois, 27 Vict., ch. 24. Beauharnois.- Salaberry de Valleyfield, 37 Vict., ch. 48. Berthier.— Berthier, 29 Vict., ch. 61. Chambly.— Longueuil, 44-45 Vict., ch. 75. Chicotttimi.— Chicoutimi, 42-43 Vict , ch. 61. {Ste. Gun^gonde, 47 Vict., ch. 90. St. Henri, 40 Vict., ch. 49. Mai$4onneuve, 46 Vict., ch. 82. Iberville.- Iberville, 22 Vict. (1859), ch. 64. Jaoqnes Cartier. — Lachine, 36 Vict., ch. 53. Joliette.— Joliette, 27 Vict., oh. 23. L'Assomption.— Laurentidos, 46 Viot., ch. 81. L-^vis.— Levis, 36 Vict., ch. 60. Missisquoi — Farnham, 40 Vict., ch. 47. Montmagny.— Montmagny, 46 Vict., oh. 84. Ricolet.— Nioolet, 36 Vict.,ch. 52. o. 9\. and Corporation of Cote 8t. Louis 139 Bureau vs. Normand 78, 90 Burroughs r«. Barron 96 Callagban vs. Corporation of St. (labriol West 139 Cantwellt)». County of Chateauguay 286 Caya t>«. Pellerin.... 270, 287 Central Vermont Ry. and township of St. Johns 176 Chenierv*. Corporation of St. Clet 207 Contr^e and Corporation of county of Joliette 245 Cooey and Corporation of the county of Brome 146, 294 Corbeil vs. Corporation of St. Jeai. Baptiste 133 Corporation of Acton Vale vs. Fulton et al 256 '* Bienville vs. Gillespie et al 256 *' ** r». Nadeau 37 *« Chambly Basin r». Scheffer 254, 272 " City of Montreal vs. Contant 256 «* ♦* ♦* vs. Doolan 167 *• " " vs. Drummond 140 ♦* «* " ©». Geddes 251 *' «* " vs. Seminary of St. Sul- pice 178 " . «* «« <»nrf Wylie et vir 178 '* ** Quebec r«. Pich6 283 •* " Laaycraft et al 177 ** ** Quebec t;«. Ward 289 " " Three Rivers and Lambert 205 ** «« «« anrf Lessard 205 " " •' ond Suite 147 ** of the county of Arthabaska vs. Barlow... 271 ** •' ** Arthabaska vs. Patoine 122, 172, 191 ** ** *♦ Berthier rs.Gu^vernraont 235 «* ** «* Dorchester and Collette 2.38, 240 " «♦ ** Drummond and St. Guil- laume 289 ** " «« Hochelaga and Cote St. Anioioe 129, 248 CITED. 376 Paoe Corporation of the county of JoHette nnrf Prappier.... 245 ** ** Missisquoi and St. George of Clarence- ville 249 ** *' Ottawa and Montreal, Quebec* Ottawa and Occidental railway 126 ** *' Tamaska and Durocher. 246 Eton anr£ Rogers 205 Grantham v«. Ward 254 Hochelaga and Hogan 251 Iberville and Jones 136 La Longue Pointe and The county Coun- cil of Hochelaga 283 L^yis v«. Lagueux , 251 Longueuil and Longueuil Navigation Com- pany 144 N.-Dame du Sacr^-Coeur and Corporation of St. Germain of Rimouski 29 Rimouski and Ringuet 175 Sorel and Armstrong 258 St. Alexander V9. Mailloux 69, 208, 287 St. Andr^ and county of Argenteuil 250 Ste. Anne du Bout de Tlsle and Reburn231, 285 Ste. Brigitte vh. Murray 216, 256 St. Christophe of Arthabaskaanc{ Beaudet . 221 St. Christophe of Arthaba^ka vs. Beaudry 221 St. Gabriel West aiK^IIolton 139 St. Genevidve o«. Legault 193 St. Guillaume and county of Drummond 123, 170, 253 St. Joseph and Quebec Central Railway... 104 St. Luc 99. Wing 197 St. Marguerite v«. Migneron 7, 215 St. Martin vs. Cantin.... 136 Ste. Martine vs. Corporation of St. Isidore 284 St. Martine i>«. Henderson 7 St. Maurice vs. Dufrosne 246, 284 Ste. Philomene and Corporation of St. Isi- dore 286 St. Romuald v«. McNaughton. 63 St. Roch South vs. Dion 152 ** Ste. Rose vt. Dubois 219 <« « « « << «« « (« (( <« tt u tt tt tt tt tt tt tt tt 376 TABLE OF OASES. \H Paob Corporation of Tiogwick and Grand Trunk 207, 227 ** township of Cleveland et al. and town- ships of Melbourne 128 ** townships of Coleraine et al. and Laro- chelle 140 " Douglass anJ Maber 202, 206 ** township of Grantham and Coutureet al. 6 « Nelson anc/ Lemieux 238 << Verdun and Les Soeurs de la Congregation 177 *' Waterloo r#. Girard 159 Craig v«. Corporation of Leeds , 7 Cramp and city of Montreal 46, 49 Crebassavs. P61oquin 93 Dalbec v«. Portelance 82 Danjou V9. Marquis 173 Daoustua. Proulx 279, 294 Darling V9. Reeves 273 DeBellefeuille et al. vs. Municipality of St. Louis du Mile End 6 Demers and Germain 230 Deschenes r«. Corporation of Ste. Marie.. 31, 199 Dorion ana Corporation of St. Joseph 7, 239 Dostaler et al. v«. Coutu 95 Dubois ««. Corporation of Acton Vale 129, 254 Dubois V8. Corporation of Ste. Croix 202, 219 Dubuc vs. Fortin 85, 91 Dufresne and McCrae 202 Dumaine vs. City f Montreal 46 Dunning et al. and Girouard 229 Dupras et al. r». Corporation of Hochelaga 7, 239 Duvernay and Corporation of St. Barthelemi 7 Eastern Townships Bank and township of Compton et al.. 126 Edson and Corporation of Hatley 146 Electoral lists of the county of Kamouraska 185 Ferland et al. vs. Latour < 40 Ferland vs. Morisset „.... 280 Filiatrault vs. Corporation of St. Zotique 187 Fiset vs. Fournier 89, 96 Fournier t>«. Corporation of Lauzon * 204 Fournier dit Pr^fontaine vs. Corporation of the county of Chambly 135, 236 CITED. 377 Paoii ...207, 227 [ town- 128 { Laro- 140 202, 206 ireet al. 6 238 reention 177 . 169 7 .V.....46, 49 93 82 * 173 279, 294 273 Louis du 6 ■ 230 31, 199 7, 239 95 129, 254 , 202, 219 85, 91 202 " 46 229 .V. 7, 239 7 on et al.. 126 146 185 40 280 187 89, 96 204 ounty of ....135, 236 Page Fournier and Hall 230 Fraser et al. e«. Buteau 91 Frechette anc/ La Compagnie de St. Hyacinthe 229 Gagn6 v«. Corporation of West Chester 203 Gagnier v«. Vaoier 48 Gaudet 09. Corporation of West Chester 202 Gigu^re V9. Corporation of Chertsey 202, 226 Girard and B^langer 128 Giroux 09. Corporation of St. Jean Chrysostome 285 Globensky v«. Champagne 75 Goulot v«. Corporation of Ste. Marthe 129, 190, 199 Goupille vi. Corporation of West Chester..... 218 Graham vn. Morrisset 280, 281 Gratton vs. Corporation of Ste. Scholastique 186 Green et vir. v«. City of Montreal 257 Grenicr and City of Montreal 203 Guillaume vs. City of Montreal 203 Guy et al. v«. City of Montreal 136 Guy 178. Normandin 251 naM and Corporation of L6vis 239 Hart tj*. Corporation of county of Missisquoi 147, 294 Hebert vs. Frechette 94 Henderson tj*. Loranger 71 Higgins et vir. and Corporation of Richmond 203 Hogan onrf City of Montreal 178, 250, 252 Holton VS' Atkins 12, 215 Holton and Callaghan 214, 238 Hough aM(^ Corporation of Ireland, etal 142, 208, 209 Huneau vs. Magnan 79, 81 Huot vs. Corporation of county of Montmorency 202, 204 Irvine vs. Corporation of Iberville o 164 Jean v«. Gauthier 229 Jodoin r«. City of Montreal 204 Johnson et al. vs. Archambault 103 Judah and Corporation of Montreal 238, 241 Kelly anrf City of Quebec 204 Labelle et al. vs. City of Montreal 207 Labelle vs. Gratton 280 378 TABLE OF OASES. II -' » :!i Page Laoasse v«. Delorme 118 Lacombe ««. County of Hochelaga 191, 212 Lahaie and McMartin 117 Ijalonde, petitioner for certiorari 280 Lambert and Corporation of 8t. Romuald et al 140 Lambert ancf Lapalisse 107 Lami ant/ Rabouin 117,208,209, 280 Landry and Mignault 244 Lanier o«. Menard 164 Laraway and Brimmer 80 Laurent v«. Villageof St. Jean Baptiste 35 Laurentides Railway Co. and Corporation of St. Lin 126 Laurin v«. Parish of Sault-au-RecoUet 207 Lavergne an(£ Lainesse 36 Lavoie and Hamelin 93 Lawford and Robertson et al 92, 95, 104 Leclaire vs. Fointe Claire Turnpike Co 189 Leclerc vs. Corporation of Port Joli 284 Ledoux o«. Picotte 130 Leduc o«. City of Montreal 125 Leduc v«. Mignault 112 Legault V9. Paiement 75, 78, 79 Lemieux v«. Cantin 40 Lemieux v«. Commissioners Court of Longueuil 26 Lemire v». Courchesne 98, 113, 215 Lemoine vs. Dord 26 Lequin et al. vs. Meigs et al 156, 157 Levesque and Sexton 159 Lizotte et al. vs. Lalencette 80, 87 Loiseau v«. Lacaille 38, 72, 81 Longueuil Nav. Co. and City of Montreal 144 Lulham anci City of Montreal 203 Mackay vs. City of Montreal 167 McEvilIav9. Cori>oration of County of Bagot 191, 194 MoFarlane and Corporation of St. C^saire 263 MoGillivray vs. McLaren 230 McLaren vs. Corporation of township of Buckingham 34 Maguire v«. Donovan 230 Maguire v«. City of Montreal 205 Mallette et al. vs. City of Montreal 134, 160 Marquis et al. vs. CouUlard 74, 75, 79, 92 Marry and Sexton 134 Martin t)«. City of Hull et al 6, 47 CITED. 379 Paoi Martin v». City of Montreal 80 Martin t>». Corporation of the county of Argentouil 46, 173 Matthew and City ofMontreal 257 M<^lan9on v». Sylvestre 78 Mercantile Library Ass. »«. City ofMontreal 206 Meunier et al. V9. Corporation of the county of L^vis 283 M^tras ««. Trudeau 90 Molson and City of Montreal 172 Molson'g Bank V9. City of Montreal et al 34 Montreal Cotton Co. and town of Salaberry 259 Montreal Turnpike road and D'Aoast 205 Morin and Qagnon 55 Morin ««. Corporation of Oarthbay. 172, 175 Morrisette et al. o«. Corporation of Bienville 37 Morrierv*. Rasooni 75, 78, 81, 188 Morrison and City of Montreal 286 Motzo*. Holwell et al 141 Mygnerand and Legar^ .136, 188 O'Shaughnessy ««. Corporation of St. Clothilde de Horton 64, 175, 207, 209, 210, 213, 214, 216 Pacaud and Corporation of South Halifax 130 Papin, petitioner 121 Papin and City of Montreal 134 Par6 v«. Corporation of St. Clement 201, 280 Parent o«. Corporation of St. Henri 204 Parent v«. Corporation of St. Sauveur 9, 10, 171, 173, 174 Paris t>». Couture 34, 38, 39, 57, 86, 89, 91 Patrick v«. Corporation of L'Avenir ^ ^ 203 Pattiflon V9. Corporation of Bryson 39 Pellerin and Caya Perreaultv«. Corporation of St. Esprit 206 Pillow et al. and Recorder's Court ofMontreal 153 Plante and Rivard 123 Poitras v». City of Quebec... 147 Pointe Claire Turnpike Co. ancf Leclaire 127 Poulin and City of Quebec 147 Pr^ville r#. Corporation of St. Alphonse 204 Price anrf Corporation of St. Genevidve 207 Proulx V9. Tremblay 228 Ramage v«. Lenoir 82 Reburn o«. Corporation of Ste. Anne du Bout de riale 234 Regina o«. Corporation of St. Sauveur 206 Richer vt. City of Montreal ^m. 162 380 TABLE OF OASES. Ui k: 1 i ' i 1 . Page Rioux v«. Corporation of Rimouski 254 Roberge and Corporation of Luvis 248, 2d',\ Robert and Doutre 117 Rolfe et al. vs. Corporation of towni^hip of Stoke..34, 98, 181 Ro^to et al. v«. Tansey 95 Ross and Corporation of St. Clothilde of llorton 107 Russell and The Queon 148 Sauv^ V8, Boileau 80 Sauv6 V9. Corporation of county of Argenteuil 146, 294 School Commissioners of llochelaga and Hudon 187 School Commissioners of St. Roch va. Seminary of Quebec 177 Scott v«. Corporation of St. Jerome 205 Sevigny v«. Doucet 231 Simard and Corporation of county of Montmorency 33, 250, 253 Simpson and Corporation of Ste. Malachie d'Ormstown.. 172 Sirois Cv<«. Guimond 26 Smart and Corporation of county of Hochelaga 147 St. George vs. Gabon ry 79 St. James va. Corporation of St. Gabriel...; 237 Starnes va. Molson 228 Stein va. Seath 229 Stole va. Rolland 91 Th^rien va. Corporation of Mascouche 173 Tremblay va. Roy 92, 94 Tr^panier 76 Trepanier va. Cloutier 76 Tr«»ourer of City of Quebec and Marrin College 177 Turcotte and Rioux 138 Turgeon va. City of Montreal 206 Turgeon v«. Moreau „ 85 Viau va. Corporation of Longue Pointe 283 Vinette va. Corporation of Longue Pointe 283, 287 Vennert)*. Archer 81, 88, 95 Walker and City of Montreal 161 Whitman anrf Corporation of Stanbridge 195 Wickstead and Corporation of Ham North 195, 268 Wilson et al. ancf City of Montreal 257 Workman r«. City of Montreal 46, 255 Wurtele va. Corporation of Grantham 257 Wylie and City of Montreal 178 •• •••••* Page 25'* ...248, 253 117 34, 98, 181 95 107 ;;; us 80 ....146, 294 187 Quebec 177 205 ,*". 231 Borency 33, 250, 253 Bstown.. 172 26 **;;; 147 ' ;: 79 " *' 237 "*".* 228 229 .... 91 173 .92, 94 76 le. ANALYTICAL INDEX. ....283, 287 .81, 88, 95 .195, 268 257 ...46, 255 Acquisition Of property and public works Adjudication. (See Sale and) Administration Of corporation funds Of iaws by secretary-treasurer, under Agriculture, Abuses prejudicial to Aid In the construction, improvement and maintenance of public work or under- takings not belonging to the corporation To colonization, agriculture, horticulture, arts and sciences Annexation Of a town or village municipality to an adjoining local municipality Of a territory to a town or village munici- pality Of a territory to a rural municipality Annulment Of municipal by-laws Appeals To the Circuit Court To the County Council Appendice. (See Table in relation with). Appointment Of local councillors by Lieutenant-Gov- ernor Of oflBcers by Lieutenant-Qovcrnor Approval By municipal electors Of the Lieutenaiit-Qovernor in council Articles. 485 to 488a 499 to 502 1 558 to 560 477 to 483 483 to 484a 74 to 77 72 to 73 41 to 44 698 to 708 1061 to 1079 925 to 936 326 to 329 330 to 336 671 to 686 687 to tSO !:^ Hi h' milt * '! ijf f 382 ANALYTICAL INDEX. Articles. Apportionment Act • 814 to 820 Auditors 173 to 176 B. Board of Delegates. (See County Conncih.') Boundary Fences 425 to 427 Bread. (See Sale of.) Bridges. Municipal 850 to 859 By-roads 826 to 830 C. Change Of the limits of a municipality and its eflFects 78 to 92 Chief-place 5ii Circuit Court 512 to 518 Cities Incorporated. Under 1 Clearances 417 to 419 Collection Of taxes in local municipalities 954 to 971 Councils. County Council 246 to 260 Board of delegates 266to275 Delegates of the 261 to 265 Sessions of the 256 to 260 Special by-laws of the 510 Warden of the 248 to 255 Local Council. Contested appointments of members of the 346 to 364 i: ANALYTICAL INDEX. 383 Articles. Officers of 365 to 448 Persons disqualified f'rum acting as councillors . 283 to 285 Secretary-treasurer of the 368 to 373 Sessions of the 286 to 290 Special by-laws of the 525 Municipal Council 93 to 141 Head of the 121 to 125 Languages used in the 241 to 245 Membersof the 108 to 120 Officersof the 142 to 200 Secretary-treasurer of the 142 to 145 Sessions of the 126 to 141 Special by-laws of the 464 Town and Village Councils. Special by-laws of th« 616 to 670 County Corporations Particular rules applicable to 246 to 275 Contested ppointments Of members of a council 346 to 364 (See Council, Local Council ) Corruption In municipal matters 346 to 347 D. Debentures (municipal) 981 to 997 Debts (Joint). Settlement and division 78 to 85 Debts (Municipal) 972 to 997 Decency 597 to 6O6 Delegates (Board of). (See under Councih.) Ditches (Boundary) 420 to 424 Division Of the municipality into wards. ..554 to 557 & 617 to 623« '. Of the Province. (See Appendice.) a: 384 ANALYTICAL INDEX. In i I Articles. Division Of comnon property 86 to 89 E. Elections Of local councillors 395 to 325 Eiections (Generai), Notice required for | 292 to 295 lime of holding j Electors (municlpai) 291 Erection of Municipatities 23 to 92 County 24 to 25 Local 26 to 77 Parish or part of , 29 to 34 Bural 26 to 28 Townships or part of 35 to 38 Town 68 to 71 United Townships 39 to 40 Village 61 to 67 Examination Of the valuation roll 734 to 743 Execution Of judgments rendered against municipal corporation 1026 to 1041 Expropriation For municipal purposes 902 to 924 Extent Of the Municipal Code 1 P. Ferries 549 to 553 & 860 to 866 Fines, Recovery of 1042 to 1060 Fire In the woods 523 Fornns. (See Appendice.) Articles , 86 to 89 395 to 325 I 292 to 295 291 23 to 92 24 to 25 26 to 77 29 to 34 26 to 28 35 to 38 68 to 71 39 to 40 51 to 67 734 to 743 I . 1026 to 1041 902 to 924 >53 & 860 to 866 ,. 1042 to 1060 523 ANALYTICAL INDEX. 385 Articles. G. Good Morals. (Sec Decency.) Government Of the council and its officers 465 to 474 H. Health (Public.) 607 to 608 Highways (PublicV 526 to 553 Holidays Under art ly I. Indemnities and Relief 580 to .>9i Indemnity To memborH of the county council 5^24 Inspectors Ro»^* 376 to 405 ^"•"a' 406 to 414 Justices Of the Peace. (See Prosecution.) Languages Usetl before the municipal council. (See under Council.) Licenses. ''''■'^^^ 582 to 583 Limitation Of the number of licences ;,og ^^ 570 Limits. (See Change.) Masters and Servants 624 Meetinsss Of municipal electors ^q- to 325 . . K . . • ' It 386 ANALYTICAL INDEX. Arricles. Municipalities Town or village 49 to 77 Of existing town and village 41) to 50 Municipalities (local) llulos common to every 276 to 448 Notices Municipal 214 to 22.'i Public 2:'>2 to 240 Special 224 to 231 Nuisances (public) 415, 41G, 592 to 59G, 641 to 652 O. Offices (Municipal) Persons exempt from 209 to 213 ♦« disqualified for 203 to 208 " bound to accept 201 to 202 Organization Of municipal corporations 23 to 448 P. Places (public) 543 Plan and Division Of the municipality. (See Division.') Pound- lieepers 428 to 44S Powers Of Municipal Councils 449 to 1025 Presiding Officer At the elections 296 to 306 Proceedings (Special) 1026 to 1087 Proces-Verbal 796 to 816 Mode of drawing up a 796 to 821 Prohibition Of the sale of intoxicating liquors 561 to 567 Promulgation Of Municipal by-laws 691 to 697 Articles. 49 to 77 49 to 50 276 to 448 214 to 223 tWl to 240 224 to 2'.U IC, fi4l to 652 209 to 213 203 to 208 201 to 202 23 to 448 543 428 to 448 449 to 1025 296 to 306 1026 to 1087 796 to 816 796 to 821 561 to 567 691 to 697 1 ANALYTICAL INDEX. 387 Articles. Property (taxable) What property is a 709 to 715 Valuation of 709 to 747 Prosecution iJefore justices of the peace 1052 to 1060 Provisions. Declaratory 2 to 16 k 20 to 22 Exceptional 1080 to 1085 Final 1086 to 1087 Interpretative 17 to 19 R. Redemption Of lands adjudged • 1( 22 to 1 Registry OfTlce Of the county 512 to 518 Roads. Persons liable for work on 822 to 830 Roads and Bridges 519 to 522 k 526 to 542 Roll (Valuation) Making of the 716 to 733 Examination of the 734 to 743 Roads (Municipal) 748 to 849 Front 824 to 825 Winter 831 to 849 Winter, which replace municipal summer roads 840 to 841 Winter, on rivers 842 to 849 s. Sale and adjudication. Liable for municipal taxes 998 to 1021 Sale Of intoxicating liquors. (See Prohibition.) Sale Of bread and wood f79 to 581 Secretary Treasurer Security furnished by 146 to 155a General duties of the 156 to 172 'If 388 AXALYTICAI, IXDKX. . . ;; Article?. Separation 01" a territory united to ;iii Sidewalks and Sewers. 514 to 54r) Storage Of Gunpowder, etc 573 to 57S T. Taxation ^direct) 489 to 491 Taxes and Debts (municipal) 937 to 997 Taxes (municipal) 937 to 997 Taxes Personal 584 to 585 Town (incorporated) statutes concerning, under 1 V. Vacancies In the office of councillor '•V'\'i to 341 In the office of mayor 342 to .345 In the council 337 to 345 Valuation. (See Tuxahff Propcrfij.) Valuators 374 to 375 Villages (incorporated) Statutes concerning, under I w. Woods. (See SuIp of. ) Works (public) Of municipal corporations 892 to 901 Of the municipality 495 to 47(5 Water-courses (municipal) 807 to89i Waters and Lights ■'••5 ' t'l' 78 to 8.^ 544 to 54r) 57." to 578 489 to 49 1 937 to 997 937 to 997 584 to 585 'ri ^■i/ :;37 to 341 m 342 to 345 ^K* 337 to 345 K 374 to 375 892 to 901 495 to 47() 807 to 891 ()37 to fi4(»