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 ANNO TIIICEBIMO-SEPTIMO 
 
 VICTORIA REGIN^. 
 
 CAP. LI 
 
 All Act to revise and consolidate the Charter of the City 
 of Montreal and the several Acts amending the same. 
 
 \ihuuUd to 28/A January, 1874.] 
 
 WHEREAS it is oxpediont to revise and consolidate the Pwambie. 
 provisions of the act of the legislature of the hereto- 
 fore province of Canada, made and passed in the fonrtoentli 
 and hfteenth year of Her Majesty's reign, and intituled : — 
 An act to amend and consolidate the provisions of the ordi- 
 nance to incorporate the rift/ and town of Montreal, and of a 
 certain ordinance and certain acts amending the same, and to 
 vest certain other powers in the corporation oj the said city of 
 Montreal, and of the several acts amending- the same, and 
 to vest certain other powers in \.\\o corporation of the city 
 of Montreal, herc))y constituted ; Therefore, Her Majesty, by 
 and with the advice and consent olthe liegislature of Que- 
 bec, enacts as follows : 
 
 OOTiroiUTION. 
 
 I. The inhabilants ol the said city of Montreal, and their Inhabitanty 
 successors, inhabitants of the same, shall be a body corporate '"°°''''*'"''""^' 
 in fact and in name, by and under the name and title of 
 The city of Montreal, and as snch shall have perpetual sue- N*'"^' *»^' 
 cession, and a common seal, with iK)wer to break, renew, ^wm. 
 change and alter the same at pleasure ; and shall be capable 
 of suing and being- sued, and of impleading and being" im- 
 pleaded, in all courts of law and equity, and other places, in 
 all manner of actions, causes and matters Avhatsoever, and 
 of accepting, taking, purchasing and holding goods and 
 chattels, lands and tenements, real and personal, movable, 
 and immova])le estate, and of granting, selling, alienating, 
 assigning-, dismissing, and conveying- the same, and of en- 
 tering into and becoming a party to contracts, and for grant- 
 ing and accepting any bills, bonds, judgments or other 
 instrirments or securities, for the payment ov securing of the 
 payment of any money borrowed or lent, or the perfor- 
 mance of any other duty, matter or thing whatsoever. 
 
 t4b*M 
 
 fK*' I 
 
 ..-f 
 
J 
 
 /' 
 
 Corporate 
 limit estab- 
 lisbed* 
 
 Dirision into 
 wards. 
 
 East ward. 
 
 Centre ward. 
 
 West ward. 
 
 Cap. 51. 
 
 dtp of Montreal . 
 CITY BOUNDAHIES. 
 
 87 Vict. 
 
 Jl. The tract oi'land which, in and ])y acoitaiii prociania- 
 tion of His Excellency Alured Clarke, e.squi.e, lieutenant- 
 governor of the heretofore province of l^ower Cajiada, i^s- 
 bued under the great seal of tlie said last mentioned pro- 
 vince, and bearing date the seventh day of May, iii the year 
 of Our Lord, one thousand seven hundred and ninety-two, 
 was and is described as being comprehended within the city 
 and town of Montreal, and which is therein declared, should 
 be thenceforward called by that name, shall, as provided by 
 the said act, constitute and be, and be called, the city of 
 Montreal. 
 
 3. 1. For the purposes of this act, i he said city of Mon- 
 treal shall be divided, into nine wards, called respectively, 
 east ward, centre ward, west ward, Saint Ann's ward. Saint 
 Antoine ward. Saint Lawrence ward, Saint Louis ward, 
 Saint James ward, and Saint Mary's ward, which said 
 wards shall be bounded and limited as follows, that is to 
 say: 
 
 2. The East Ward — on the south-east, by that part of the 
 River Saint Lawrence opposite to, and extending from La- 
 croix street to the extremity of St. Gabriel street ; on the 
 south- w^est, by the middle of Saint Gabriel street, to Craig 
 street ; on the north-west, by the middle of Craig street, from 
 Saint Gabriel street aforesaid, to St. Hubert street ; on the 
 north-east, by the centre of St. Hubert street to the centre of 
 Perthuis street, and extending to the north-east by the mid- 
 dle thereof, to the centre of Lacroix street ; thence by the 
 middle of Lacroix street aforesaid, to the river, or point of 
 departure ; 
 
 3. The Centre Ward — on the south-east. 1)y that part of 
 the river Saint Lawrence opposite to, and extending from 
 the middle of St. Gabriel street to the middle <A' tlie extre- 
 mity of Callieres street ; on the south-west, by the middle 
 of the said Callieres street, and crossing the interval bet weeii 
 the said Callieres street and Saint Francois-Xavier street, 
 by the middle of Saint Fran9ois-Xavier street to Craig 
 street ; on the north-w^est, by the middle of Craig street to 
 Saint Gabriel street ; and lastly, on the north-east, by the 
 middle of the said Saint Gabriel street to the river, or point 
 of departure ; 
 
 4. The West Ward — on the south-east, by that part of the 
 river Saint Lawrence opposite to, and extending i'rom the 
 middle of the extremity of Callieres street to the middle of 
 the extremity of McGill street ; on the .south-west, l)y a line 
 passing through the centre of McGill street and through 
 Victoria square, to Craig street ; on the north-west, by the 
 middle of Craig street as far as Saint Fran9ois-Xavier 
 
1874. 
 
 City of Montreal. 
 
 Cap. 51. 
 
 8 
 
 tlie 
 La- 
 the 
 
 street; and lastly, on the north-east, by the middle of 
 Haint Fran9ois-Xavier street and Callieres street, to the 
 liver, or point of dei)arture ; 
 
 5. The Saint Ann's Ward. — on the north-east, by the centre st Ann's 
 of McGill street, commencing- at the River Saint Lawrence ; "*"'" 
 thence north, along- the centre of McGill street, to its junction 
 with the centre of Saint Joseph .street ; thence along the 
 centre of Saint Joseph street to the City boundary ; thence 
 along the said boundary lino in a south-easterly direction, 
 
 to the River Saint Lawrence, and thence to the place of 
 beginning ; 
 
 6. The Sainl Antoine Ward — on the north-east, by the su Antoino 
 centre of McGrill street, and through Victoria square to '*'■'*' 
 Craig street ; thence north, through the centre of Craig 
 street, to Alexander street; thence through the centre of 
 Alexander street to the centre of Saint Catherine street ; 
 thence, the north-west side of the centre of Saint Catherine 
 
 street to City Councillors' street ; thence, the south-west side 
 of City Councillors' street to Sherbrooke street ; thence, the 
 north-west side of the centre of Sherbrooke street to Duro- 
 cher street ; thence, the south-west side of the centre of Du- 
 rocher street, and the extension of the same to the city 
 boundary line ; thence, along the same line so far as it may 
 extend towards the south-west ; thence, along the said line, 
 in a south-east direction, to the centre of Saint Joseph street ; 
 thence to the north-west of the centre of Saint Joseph 
 street, till ^lter.secting the centre of McQ-ill street, the point 
 of commei. nuent ; 
 
 7. The & unt Laivrence Ward — on the north-west side of st. Lawrence 
 the centre of Craig street, commencing at Saint Lawrence '""^' 
 street, and continuing to Alexander street ; thence, the 
 north-east side of the centre of Alexander street, to Saint 
 Catherine street ; thence, the north-west side of the centre 
 
 of Saint Catherine street to City Councillors' street ; thence 
 the north-east side of the centre of City Councillors' street, to 
 Sherbrooke street ; thence, the south-east side of the centre 
 of Sherbrooke street, to Durocher street ; thence the north- 
 east side of the centre of Durocher street, to the city 
 boundary line; thence along the said line, towards the north- 
 east, until the same joins the centre of Saint Lawrence 
 street; thence, the south-west side of the centre of Saint 
 Lawrence street, to Craig street, the place of beginning ; 
 
 8. The Saint Louis ITa/^/— commencing at the centre of !3t. Louid 
 Craig and Saint Denis streets, continuing south-west along *"**' 
 the centre of Craig street, until it an-ives at the middle of 
 Saint Lawrence street ; thence, the north-east side of the 
 centre of Saint Lawrence street, to the city boundary line ; 
 thence, along the said line, towards the north-east, until 
 intersecting the centre of Saint Denis street; thence, the 
 
 J .ii.rl| 
 
 j***' I 
 
 I 
 
 ,-i'': 
 
 ■■1 
 
Cap. 61. 
 
 City of Montreal . 
 
 07 Vict. 
 
 11 
 
 8t< .Tktne* 
 ward. 
 
 .St. Mary's 
 wnrl. 
 
 City limits 
 may be ex> 
 tended by 
 l>y-la\v. 
 
 By-law to be 
 iicrbinpanied 
 by a plan 
 
 By-law to be 
 piiblUhed 
 
 «outh-west of the centre of Saint Denis street, to the middle 
 of Craitf street, the point of commencement; 
 
 9. The Saint James Ward — The north-east side of the 
 Centre of Lacroix street, commencing- at the ri^er Saint 
 Lawrence and continuing; to Peiihnis street ; thence> the 
 north-west side of the centre of Perthuis street aforesaid, to 
 the centre of St, Hubert street; thence, along the centre of 
 St. Hubert street, to the centre of Craig street ; from thence, 
 the north-west side of the centre of Craig street, to Saint 
 Denis street ; from thence, the north-east side of the centre 
 of Saint Denis street, to the city boundary; thence, along 
 the city boundary line towards the north-east until it 
 intersects the cohtinuation of the centre of Visitation 
 street ; thence, continuing the said line of the centre of 
 Visitation street, in a south-eajst direction, until the same 
 shall reach Saint Mary street ; and thence, from the centre 
 of Barclay street, to the river iJaint Lawrence ; and thence 
 along the said river to the place of beginning ; 
 
 10. The Saint Marys Ward — the north-east side of the 
 centre of Barclay street, commencing at the river Saint 
 Lawrence, i o Saint Mary street ; and thence, continu- 
 ing from the centre of Visitation street, to the city 
 boundary line ; thence, along the said line, towards the 
 north-east, so far as the same may be found to extend ; thence, 
 continuing the said line in a .south-easterly direction until 
 
 ae same shall reach the river Saint Lawrence ; and thence, 
 along the said river, to the place of commencement. 
 
 4. 1. It shall be lawful for the council of the said city, by 
 the concurrent vote of three-fourths of its members, to make 
 by-laws to extend the limits of the said city, by annexing 
 thereto, for all municipal purposes, any adjoining munici- 
 pality or part of municipality, provided that no such by-law 
 shall have the effect of creating new wards, or changing the 
 limits of the existing wards of the said city, and that every 
 such by-law shall, before the third reading and final pas- 
 sing thereof, receive the sanction and approval of the 
 majority of the electors in such municipality, in the man- 
 ner following, that is to say: 
 
 2. Every such by-law shall be accompanied by a plan 
 showing the area and boundaries of the municipality or 
 part of municipality to be annexed, and shall contain and 
 I'uumerate the conditions upon which the proposed an- 
 nexation shall take place, and shall define and prescribe 
 the porportion in which such mu.nicipality, or part of 
 municipality shall contribute to, and share in the revenue 
 of the said city ; 
 
 3. Such by-law shall be made known to the electors in the 
 
 Heft re passing. «aid city and in the said municipality by publishing the same 
 once a week for one month in two English and two French 
 
 
 ^ 
 
^ i 
 
 plan 
 y or 
 and 
 an- 
 ;ribo 
 rt of 
 ?nue 
 
 the 
 ame 
 nch 
 
 1874. 
 
 City of Montreal. 
 
 Cap- 51. 
 
 newspapers published in the said city, and by postinj^ it U]) 
 nt the door of the city hall, at the door of the parish church of 
 the said municipality, at the door ofthehallor building in 
 which the council of such municipality usually hold their 
 meetin|[V8, and in at least six other public places in the said 
 municipality, — with a notice appended to such by-law, to }»c 
 sig-ned by the city clerk, certifyini»- that it is a true copy of a 
 by-law which will be taken into consideration by the said city 
 council, after the expiration of thirty days from thi; date of the 
 lust publication thereof, as aforesaid; and that on some day 
 and hour, and at a place in the said municipality named anil 
 designated in the said notice, and to be fixed by the mayor of 
 the said city, such day not Ix'inf^- less than fifteen, nor mort> 
 than twenty days after such last publication, a "general meet- 
 ing- of the electors in the said municipality will be held for 
 the purpose of considering such by-law, and approving or din- 
 approving of the same ; 
 
 4. At such meeting, the mayor of the municipality in who ihaii pr«. 
 
 ----- -•- . gjjg ^j meet- 
 
 ing of electors. 
 
 which it is held shall preside, or in his absence or rei'usal 
 to act, someothermember of the council of such municipa- 
 lity, to be chosen l)y the meeting ; the secretary- treasurer of 
 such mvuiicipality shall have with him the assessment rolls 
 and voters' list of the said municipality then in force, or a cer- 
 tified copy thereof, and shall act as secretary ; and the only 
 question to be determined at such meeting shall be whether 
 the majoril y of the qualified electors in the said municipality, 
 present at the said meeting, do or do not approve of the by- 
 law; 
 
 />. When the question has been pul, the person i)residing 
 shall declare whether, in his opinion, the majority of the said 
 electors are for the appro^ al or disapproval of the by- law ; 
 and his decision, if not forthwith appealed from, shall b(> 
 final, and shall be communicated to the mayor of the said 
 city, by a certificate under the hand of the secretary ofth(» 
 meeting within a delay of eight days ; 
 
 6. Any five qualified electors as aforesaid, present at any 
 such meeting, may appeal from the decision of the person 
 presiding, and demand a poll, and such poll shall be granted 
 by the person presiding at the meeting, and shall be imme- 
 diately taken by him, the secretary-treasurer of the muni- 
 cipality acting as poll-clerk ; W'/Miati 
 
 7. Each elector in the said municipality shall then present 
 himself in turn to the person presiding, and shall give his 
 vote " yea," or " nay," the word •' yea" meaning that he ap- 
 proves the proposed by-law, and the word " nay," that he 
 disapproves the same ; but no person's vote shall be receiv- 
 ed unless he appears by the said assessment rolls and voter's 
 list to be a duly qualified elector in the said municipality ; 
 
 8. The person presiding may, if he thinks fit, adjourn the 
 poll at five o'clock in the afternoon of the day of meeting. 
 
 Question to V)e 
 decided. 
 
 
 Patting the 
 question. 
 
 Poll mvj be 
 demanded. 
 
 Votes — how 
 polled. 
 
 ,». >,,;t^\ 
 
 Poll may be 
 adjourned. 
 
Gap. 51. 
 
 Cih/ of Montreal. 
 
 87 ViOT. 
 
 I 
 
 Olotlag of 
 poll. 
 
 Result how 
 uooUred. 
 
 until ten o'clock in the forenoon of the following day, when 
 the poll shall be continued as on the first day, but shnll b»' 
 closed at five o'clock in the afternoon of such second day ; 
 
 9. If at any time on the first or second day an hour elapsos 
 without a vote being offered, the poll shall be closed ; 
 
 10. At the close of the poll the person presiding shall 
 count the " yeas" and the "nays," and ascertain and certify 
 for the information of the councils of the said city, and of the 
 said municipality, whether the majority is for the approval 
 or disapproval of the said by-law ; and such certificate shall 
 be countersigned by the secretary-treasurer of the munici- 
 pality acting as secretary of the meeting, and kept by him, 
 with the poll-book, among the records of his office ; and it 
 shall be his duty to transmit to the clerk of said city, with- 
 in eight days from the close of the poll, a diily authenticat- 
 ed copy of the said certificate and poll-book ; 
 
 11. If the by-law be not approved by the majority of the 
 electors of said municipality as aforesaid, the city council 
 
 If approved, shall not proceed to pass the same ; but if it be iipproved by 
 such majority, and afterwards passed by the city council, by 
 the vote of at least three-fourths of its members, then such 
 by-law shall be subject to the approval of the lieutenant- 
 governor in council, and shall have no force until such 
 approval has been given. r ' • '.»*?•.•■:' 
 
 If by-law 
 bodii- 
 
 By-law to b« 
 submitted to 
 lient -gOT- 
 ernor. 
 
 Recital to be 
 ooncluaire. 
 
 Lieut.- go r. to 
 require p. oof 
 
 Lieut -gov. 
 raa; call for 
 doeumenti. 
 
 Penalty. 
 
 5. 1, Every such by-law, when submitted to the lieute- 
 nant-govenior in council for his approval, shall contain a 
 recital that such by-law has been approved by a majority of 
 electors in the said municipality as aforesaid, at a meeting 
 called and held in conformity with the requirements of this 
 act, and by three-fourths of the members of the city council 
 as aforesaid ; 
 
 2. Such recital shall, for all the purposes of this act, be 
 conclusive proof of the facts therein stated ; 
 
 3. The lieutenant-governor in council shall not approve 
 of such by-law until proof has been made, to his satisfaction, 
 that the by-law was published, and notice given as herein- 
 before required ; 
 
 4. The lieutenant-governor in council may require from 
 the council of the said city, and from the municipality to be 
 annexed by such by-law, all such documents and informa- 
 tion as he thinks necessary for ascertaining the expediency or 
 inexpediency of such by-law, or any of the provisions 
 thereof; und the inoper officers of such council and munici- 
 pality shall furnish the same accordingly. 
 
 6. Any secretary-treasurer or other municipal officer, or 
 any member of a municipal council, who shall neglect or 
 refuse to perform or concur in performing any official act or 
 duty required of him for carrying out the pro^^sion8 con- 
 
1874. 
 
 City of Mot treat. 
 
 Cap. 51. 
 
 ^ 
 
 er, or 
 
 Bct or 
 
 act or 
 
 con- 
 
 laiiied in the two next precodin|Df Kv-cliouH, shall be liable to 
 a fine or i^nalty of two thousand dollars, to be recovered 
 in the name of Her Majesty, the same as any ordinary claim 
 for debt, before the superior court of the province of Quebec, 
 within six months after the offence was committed. 
 
 7. So soon as any municipality or part of municipality, as ;^\"?",'j' "^"j;, 
 aforesaid, shall have been annexed to the city, in pursuance "ubjoct t^ oit/ 
 of the provisions of the foregoing sections of this act, such »'y'»»"' *c. 
 municipality, or part of municii)ality, shall, as regards the 
 levying of aHsessments, taxi's, imposts and water-rates, and 
 all other municipal purposes, be subject to the provisions of 
 the several acts, by-laws, rules and regulations now made 
 and passed, or hereafter to be made and passed, for the 
 good rule, peace, welfare, improvement cleanliness, health, 
 internal economy and local government of the said city, ex- 
 cept in 80 far as such provisions may be inconsistent with 
 the conditions agreed upon between the corporation of the 
 said city and municipality, and contained in the by-law 
 under which such annexation shall have taken place, as 
 aforesaid. i 
 
 ■•''•■•<. ' . 
 
 THE CITY COUNCIL, 
 
 H, The mayor and aldermen to be elected as hereinafter u» oorMitu- 
 provided, shall constitute the council of the said city. "°°* 
 
 9. 1. The mayor shall be elected by the majority of theH»om»yor. 
 votes of the qualified electors of the said city ; he shall hold 
 office for one year, and vuitil his successor in office shall 
 have been elected and sworn in ; 
 
 2. The mayor shall be ex officio justice of the peace for is ex-offloi© 
 the city and district of Montreal, and he shall receive o^^t-i"^"^^^®. °hig''° 
 of the funds of the said city, a salary to be fixed by the salary.' 
 council, not to exceed two thousand dollars ; 
 
 3. In case a vacancy shall occur in the office of mayor by caso of vaoan- 
 reason of any person who shall have been elected to that ^y '° »**'• »f 
 office not accepting the same, or by reason of his dying or ""y*"' 
 ceasing to hold the said office, the said council shall, as 
 
 soon as possible after such vacancy, elect one of its mem- 
 bers to be mayor for the remainder of the period, for which 
 the mayor, whose place is to be supplied, was to have 
 served ; ;. 
 
 4. The acceptance of the office of mayor by such mem- Such member 
 ber shall have the effect of rendering his seat as alderman aideman.''* 
 vacant, and a new election to fill such vacancy shall be 
 
 held ; 
 
 5. If any person be elected at the same time mayor of^[*J^''^°'"' 
 the said city, and an alderman for any of the wards thereof, wd aidwrnan. 
 he shall declare within four days after notice given to him 
 
 of the said elections, which ofl&ce he will accept ; and a . 
 
 J\ 
 
 Vi 
 
 xr ' 
 
 5 
 I 
 
 I 
 I 
 
Ciii». 51. 
 
 Cilif of Monlital. 
 
 .37 Vict. 
 
 AIJcniicB 
 
 iKHV I'leotioii for the olFioo which will thus hccoino vacant 
 
 nhftU b« held in tho inmiiier hereinafter prescribod. 
 
 I 
 
 Aciinif iiinyrr. 10. Tht' 8uid council, ot th«»ir monthly meotin^-, to bo 
 held on the second Monday of the months of March. June, 
 fc'optonibcr and December, in every year, shall elect from 
 araoni^ themselves a member to act as mayor, in the event 
 V of the absence or sickness of tho mayor of the said city, 
 
 or of any vacancy in the olhce of mayor of the said city ; 
 and the member so elected shall, durino; such absence, or 
 hickness, or vacancy, have and exercise, until the ensuiuji^ 
 ([uarter, all the power and authority and rights, vested by 
 law in the mayor of the said city. 'f ■> 
 
 II. The several wards of the said city shall each be re- 
 presented in the said council by three aldermen, exclusive- 
 ly of the person to be elected mayor as aforesaid ; and no 
 councillor elected or alderman to bo hereafter elected for 
 any of the said wards shall continue in olfice withoiit beinff 
 re-elected, for any longer period than three years ; on th«! 
 first Monday of the month of March, every year, that al- 
 derman for each of the said wards respectively, shall no 
 out of ofTice who shall have been a member thereof for tho 
 lonn^est time without re-election ; any member of the coun- 
 cil jfoing- out of office may bo re-elected if qualified ac- 
 cording to the provisions of this act. 
 
 19. If any person shall 1)0 <'lected ulderniau for more than 
 one ward, he shall, within three days afttn- notice thereof 
 from the city clerk, make his option, and in his default, the 
 mayor shall declare, for which one of the said wards such 
 person shall servo as alderman, and thereupon such person 
 shall be held to have been elected in that ward only, and 
 in no other. 
 
 . - • . -.-..■ ' . '■.■ I..' ... '• » , ' 'tJt 
 
 13. Tho aldermen of the said city lor tlie tiino beinu" 
 shall severally ))e juistices of the peace for the city ol 
 Montreal. 
 
 tJ. Any luembei- of the said council may resign his said 
 office of alderman, and vacate his seat in tho council, if the 
 reason assigned by him for so doing is considered good and 
 sufficient, and his resignation be accepted of by not less 
 than two-thirds of the members comix).sing the said coun- 
 cil. ••- , •.,"',-., :.,(' , ,, i,^ ■, 
 
 AlJortflcn to 
 liorTe for ono 
 ward only. 
 
 To J)e justicf ? 
 ijf the |»oace 
 
 .MomLcrs may 
 
 Vtteanfi"'^ 
 liow fillod. 
 
 is. 11 ai\y t'Xiraordiiiary vacaney shall occur iu the oflice 
 of member of the council of the said city, the mayor of the 
 said city, shall fix a day and place for the nomination of 
 candidates for the said office ; he shall at the same time fix 
 a day on which the election shal' ake place in case of a con- 
 
< said 
 
 ilthe 
 
 and 
 
 less 
 
 fouii- 
 
 (the 
 |i of r 
 fix 
 
 tou- 
 
 1874. 
 
 Citi/ of Montreal. 
 
 Cup, 51. 
 
 9 
 
 \ 
 
 tost ; which Kuid nominuiion and cloctioii shall tako placo 
 
 in mannor and form providod in this act for the nomination ] 
 
 and flection of t'n> mayor and aldermen of the said eitv ; 
 
 and overy ix»r«on so elocte<l shall hold suoh ofhee until the 
 
 l>eriod at which the p(>rson in whose stead ho shall have 
 
 i)epn elected, would, in the ordinary course, have crone out 
 
 of office. 
 
 16. No person shallhi' cajmlde of heinor elected mayor of <^"*'"''''»"»'n 
 the city of Montreal, unless he shall have lu'en a resident "'^'""■^"'^' 
 householder in the said city for one year next hefore such 
 election, and unless he shall, durin**' the six mouths imme- 
 diately i>reeedin«r the day of his nomination as such mayor. 
 
 be seized and ix)ssessed of n'al estat(» within the said city, of 
 the value of four thousand dollars currency, after payment 
 or deduction of his just debts. 
 
 17. No i>erson shall be cai>able of bein*^ elected an alder- Quaiidcation of 
 man of the said citv of Montreal, unless he shall have been *'*'*'"™*»- 
 
 a resident householder in the said city for one year next be- 
 fore suoh election, and unless he shall, during the six months 
 immediately preceding- the day of his nomination as such al- 
 derman, be seized and po.sse.sse(l, as proprietor, of real estate, 
 within the said city, of the value of two thousand dollars 
 currency, afterpayment or deduction of his just debts. 
 
 18. No person shall enter in ofKct» as mayor or alderman Declaration 
 of the said city, unless he shall have previously deposited J',^^^^"*''"*'** 
 and lodi?ed in the hands of the city* clerk, a declaration 
 sii^ned by himself, establishing the fact of his beinir qualified 
 
 in accordance with the next ]>receding sections and con- 
 taining a detailed description of the real estate on which he 
 qualifies himself. 
 
 • 19. In ca^e the mayor or any alderman shall cede or make if property 
 over, in any manner whatsoever, the real estate on which member*hag 
 he shall have qualified himself, or shall mortgage or eiicum- quaiiiied 
 ber the same, so as to affect the amount required for his qua- ^^g""*!" '*'"'^'' 
 lification, it shall be lawful for any tw^o duly qualified elec- 
 tors of the said city to present a petition to the council of 
 the said city, requiring the said mayor or alderman, as th(» 
 case may be, to produce the title of such other real estate as 
 he may qualify upon ; failing which, his seat shall become 
 vacant. ^ 
 
 tiO. No person shali be capable of acting as mayor, or al- Mayor and 
 derman as aforesaid, until he shfU have made and subscri- Jj,**,™'"/" 
 bed before any two aldermen the oath of allegiance to Her 
 Majesty, her heirs and successors ; and also an oath of 
 office iji the form of schedule A, appended to this act. 
 
 
i 
 
 10 
 
 Cap ')!. 
 
 Cif/f of MuiUieaJ. 
 
 37 ViOT. 
 
 PemoM inea- 2I. No persou shall bc capable of being: elected mayor 
 oioctod'^iXof or alderman, who shall not be a natural born or natura- 
 or aidormaa. Hzed subject of Her Majesty and ftfthe full aj?e of twenty- 
 one v^ars ; or who shall have been attainted for treason 
 or felony, in any court of law wiihin any of Her Majes- 
 ty's dominions, or who shall be in holy orders, or a minis- 
 ter or teacher of any dissentin(^ or relif^ious sect, or a 
 judge, or clerk of any court, or any member of the execu- 
 tive council, or accountable for the city revenue, or receiv- 
 ing any pecuniary allowance from the city for his ser- 
 ^^ces, or who may be indebted to the said city for taxes, 
 assessments or water rates, (drain accounts or special assess- 
 ments in cases of expropriation excepted,) or is a party to, 
 or interested in, any law suit or judicial process whatso- 
 ever, the amount of' which shall exceed one hundred dol- 
 lars currency, and wherein the corporation of the said city 
 shall api>ear as plaintitf or defendant. 
 
 Cmm o( dft- m^^ If any person holding the office of mayor or alder- 
 uTthc office°of man, shall be declared bankrupt, or shall become insolvent, 
 mtyor or ai- or shall apply to take the benefit of any act for the relief of 
 insolvent debtors, or shall compound by deed with his cre- 
 ditors, or shall take or enter into holy orders, or become a 
 minister or teacher of any religious sect, or a judge or clerk 
 of any court, or a memb<»r of the executive council, or :shall 
 become accountable for the city revenue, or receive any 
 l>ecuniary allowance from the city for his services, other 
 than that referrtnl to in the ninth section of this act, or shall 
 be absent from the said city for more than two calendar 
 months at one and the same time, or shall be absent from 
 the meetings of the said council for more than two calendar 
 months consecutively, (unless in case of illness, or with 
 leave of the council), or who shall, directly, or indirectly, 
 become a party to, or security for, any contract or agree- 
 ment to which the corporation of the said city is a party, 
 or shall derive any interest, profit or advantage from such 
 contract or agreement, then and in every such case, such 
 person shall thereupon immediately become disqualified, 
 and shall cease to hold such office of mayor, or alderman as 
 aforesaid. 
 
 dArman. 
 
 ye 
 
 go 
 ne 
 
 F^sent mem- ^3 '^Yie mayoT, aldermen, and councillors of the city of 
 tinue in office Montreal who shall be in ofiice when this act shall come 
 into force, shall continue in office until required to go out of 
 office under the provisions of this act ; and the person who 
 shall so be the mayor of the city of Montreal at the time 
 this act shall come into force, shall continue in office until 
 his successor in the said othco of mayor shall have been 
 appointed and sworn in according to the provisions of this 
 act ; and on the first Monday in March in e^ch and every 
 
1874. 
 
 City of Montreal. 
 
 Cap. 51. 
 
 11 
 
 year, one of the members of the council for each ward shall 
 go out of office; and on the first Monday in March now On« member 
 next, and on the first Monday in March in each succeeding office Tn 
 year, such member of the council for each ward respectively March. 
 shall go out of office who shall have been member thereof 
 for the longest time without re-election ; provided always, 
 that if on the first Monday in March next, or in any sue 
 ceeding year, the seat of any member of the council whose 
 regular term of office was to extend beyond the first day of 
 March, should be vacant from any cause whatever, then a 
 member of the council shall be elected to fill such vacancy, 
 as well as in the place of the member who shall then 
 regularly go out of office under the provisions of this 
 section. • - • 
 
 agree- 
 
 party, 
 
 such 
 
 such 
 
 lified, 
 
 ■nan as 
 
 ity of 
 come 
 
 out of 
 
 who 
 
 time 
 
 until 
 
 been 
 
 f this 
 
 every 
 
 94. The said council may ai>i)oint, so many committees, Commitues. 
 consisting of such members of the said council as the said 
 council may think fit, for th«' better transaction of the 
 business before the council, and for the discharge of such 
 duties within the scope of their ])o\vers, as may by the said 
 council be prescribed, but subject in all things to the 
 approval, authority and control of the said council. 
 
 9t5. To facilitate the decision of cases in which the right Contested eiec- 
 of any person to hold or exercise, or to continue to hold or tried i^forel 
 exercise the office of mayor or alderman of the said city judge of the 
 may be called in question, any one of the judges of the '"p*"°' '^^^^^ 
 superior court for the province of Quebec, sitting in term 
 or vacation in the city of Montreal, shall, on the information 
 {requete libeU4e) of any duly qualified elector in the said 
 city, supported by affidavit to the satisfaction of the said 
 judge, and complaining that any person illegally exercises, 
 or assumes, or attempts to exercise, or to continue to exer- 
 cise the office of mayor or alderman of the said city, have 
 full power and authority to order the person so complained 
 of, to appear before such judge, and to show by what 
 authority such person exercises, or assumes, or attempts to 
 exercise such office ; and such order shall be served (with 
 a copy of the information) upon the party complained of, 
 at least three days before that on which such party shall be 
 ordered to appear ; and the said judge shall have full 
 power and authority thereupon to try and adjudge upon 
 the right of the person so complained of to exercise, or to 
 continue to exercise the office in question, and to make 
 such order in the case, and to cause (if need shall be) such 
 w^/it of mandamus, or other w^rit, or order to be addressed 
 to the corporation of the' city of Montreal, as to right and 
 justice may appertain ; and such order or writ shall be 
 obeyed by the said corporation, and by all other parties 
 whatsoever, and Irom the judgment of the said judge in 
 
 
 >" 
 
 i- i! 
 
 / 
 
 X 
 
/ 
 
 I 
 
 ft 
 
 12 
 
 Cap. 51. 
 
 City of Montreal. 
 
 37 Vict. 
 
 any such matter as aforesaid, there shall be no appeal ; and 
 the said judge shall have full power to tax and award such 
 costs against any party as in his discretion he shall deem 
 right ; provided always, that so far as may be consistent 
 with this act, the forms of procedure in any such case as 
 aforesaid, shall be as summary as may be consistent with a 
 due examination into the merits of the case. •» 
 
 ClUALIFICATION AND REGISTRATION OF V0TER8. 
 
 Mayor and 
 hldennen ; by 
 whom chosen- 
 
 Proprictiri. 
 
 TunftntE* 
 
 M 
 
 MiTchants. 
 traders, kit 
 
 36. 1. The mayor and the aldermen of the said city of 
 Montreal, at the period hereinafter appointed, shall be 
 chosen by the majority ot the votes of the following persons, 
 whose names shall remain duly registered on the voters' 
 list of the said city, made and revised in conformity with 
 this act, that is to say : 
 
 2. Every male person entered on the then last assessment 
 roll, revised, corrected and in force in the said city, as the 
 owner of real property, within the ward for which the 
 election shall be had, of the assessed value of three hundred 
 dollars or upwards, or of the assessed yearly value of 
 thirty dollars or upwards ; provided that when such pro- 
 perty is owned by several persons par indivis, they may 
 severally vote thereon, if their respective share in the said 
 property be assessed at not less than three hundred dollars 
 value, or at a yearly value of not less than thirty dollars 
 each ; 
 
 3. Every male person, being an inhabitant householder 
 in the city, whose name shall be entered in the said last as- 
 sessment roll, as the tenant of a dwelling-house in the 
 ward for which the election shall be held, of the assessed 
 value of throe hundred dollars or upwards, or of the 
 assessed yearly value of thirty dollars or upwards : pro- 
 vided that every such person shall be possessed of the said 
 dwelling-house on the first day of January next preceding 
 such election, and that he shall have been a resident 
 householder in the said city from at least the first day of 
 May next before any such election, and that he shall have 
 resided within the particular ward for which such election 
 shall be had, not less than three months next before the, 
 first day of January preceding such election ; and part of 
 a dwelHng-house in which any such person shall reside as 
 a tenant or sub-tenant, but not as a boarder or lodger, and 
 having a separate outer door by which a communication 
 with the street may be afforded, shall be considered a 
 dwelling-house within the meaning of this enactment ; 
 
 4. Every male person, though neither a proprietor or 
 householder, who shall h^ive be^ . resident in the said 
 city, or within the parish of Montreal, from at least the first 
 day of May next preceding any 6uch election, and who, 
 
1874. 
 
 City of Montreal. 
 
 Cap. 51. 
 
 13 
 
 : pro- 
 e said 
 3edii)g 
 sident 
 lay of 
 have 
 ction 
 re the 
 art of 
 de as 
 and 
 ation 
 ed a 
 
 or or 
 said 
 first 
 
 who, 
 
 either individually or jointly, as a co-partner with any 
 other i^erson shall have been entered on the said last as- 
 sessment roll as the tenant or occupant of any warehouse, 
 counting-house, shop, office or place of business, within 
 any of the said wards of the city, during three months next 
 preceding any such election ; provided that the said ware- 
 house, counting-house, shop, office or place of business, 
 when occupied by the said person individually, be assessed 
 at not less than three hundred dollars value, or at a yearly 
 value of not less than thirty dollars, or w^hen occupied by 
 him as a co-partner, that his proportion or share thereof be 
 not assessed at less than the said last amounts respectively ; 
 
 6. Persons entitled to vote, as aforesaid, shall vote for the ProprietoM 
 particular ward in M'hich the property constituting their 6"*^^*°,^" 
 qualification to vote shall be situated; but when such per- where they 
 son is the owner of real estate in more than one ward of "^j^^"*' 
 the said city, or the occupant of an office or place of 
 business in one of the said wards, and at the said time, pro- 
 prietor or tenant as aforesaid in any other ward, such per- 
 son may vote for the election of aldermen only, in any 
 ward wherein he owns real estate, or occupies a dwelling- 
 house, as also in the ward wherein such person shall keej) 
 an office or place of business ; and such person shall be 
 inscribed in the voters' list for each of the said wards ; pro- 
 vided such person be otherwise qualified and within the 
 requirements of the law ; 
 
 6. No such proprietor, tenant or other person aforesaid Previous pay- 
 shall be entitled to vote at any such election in the said J^qu'red.'"" 
 city, unless he shall, previously to the first day of January 
 next before the holding of any such election, have paid the 
 amount of all rates and assessments, and of every tax, duty 
 or impost, (drain accounts and special assessments for local 
 improvements excepted,) lawfully imposed by any by-law 
 now in force, or that hereafter may be in force in the said 
 city, that may be due and payable by him, in any capacity 
 or way whatsoever, either as an occupant himself, or as the 
 owner of property, who may neglect to pay the arsess- 
 ments due on it, up to the first of January next, before the 
 holding of any such election. 
 
 87. Before the first day of .January, in every year, the The voters' 
 assessors, hereinafter mentioned, shall make out from the ''*'• 
 last assessment roll, an alphabetical list of the voters quali- 
 fied to vote at the election of mayor and aldermen, to be 
 called " The Voters' List," to which they shall add the 
 names of all such persons, not on the said assessment roll, 
 as they know are then entitled to vote at such election, 
 according to the provisions of this act ; in making out 
 such list the assessors shall give the christian and surnames 
 of the voters, their occupation, and the streets in which 
 
 
 ■I 
 
/ 
 
 *♦ 
 
 14 
 
 Cap. 51. 
 
 City of Montreal. 
 
 37 VlCT. 
 
 Wards to be 
 Bub-divided 
 into electoral 
 diatriuts. 
 
 tiist to be 
 handed to the 
 city treasiin-r 
 to check de- 
 faulters! 
 
 List when 
 checked to be 
 returned 
 to the city 
 clerki 
 
 they reside in the said city, or in which they have their 
 place of business whenever the right of vote arises out of 
 the business carried on by the said voters. 
 
 98. The assessors in preparing the " voters' list '* shall 
 sub-divide each ward of the said city in as many electoral 
 districts, as may be deemed convenient, regard being had 
 to the topography of the ward; they shall draw out a 
 report of such sub-division which they will sign in dupli* 
 cate, and one copy thereof shall be kept in the office of the 
 said assessors, and the other in the ofiice of the city clerk, 
 whose duty it shall be to make known such sub-division 
 to the municipal electors, prior to the election, as herein- 
 after provided ; and the said assessors shall make out, for 
 each such electoral district, an alphabetical list of voters, 
 w^hich they shall sign, certifying that it is correct to the 
 best of their knowledge and belief, and shall deliver the 
 same to the city clerk. 
 
 29. On the second day of January, every year, the city 
 clerk shall t^-ansmit the " voters' list " to the city treasurer, 
 whose duty it shall be to closely examine the said list and to 
 check such of the electors as shall have failed to pay all or 
 any portion of the taxes or assessments by them due before 
 the first day of January then current, by writing at the end 
 •of their names, in the column of remarks in the said list, 
 the letters A., P. T., "W. R., S. L., the said letters signifying, 
 that is to say: A., assessment, P. T., personal tax, W. R., 
 water rate, S. L., statute labor, according as the said electors 
 may, on the said first January, have been indebted lor as- 
 sessment, personal tax, water rate, or statute labor . 
 
 30. On or before the twentieth day of January, the city 
 treasurer shall return the said •' voters' list" properly 
 checked as aforesaid, to the city clerk, in whose office the 
 said list shall be kept for the examination of all parties con- 
 cerned, at reasonable hours, until finally revised by the 
 board of revisors hereinafter established, of which the city 
 clerk shall immediately give public notice in at least two 
 English and two French newspapers published in the said 
 city, and by printed placards to be posted in all the wards 
 of the said city ; in this notice shall also be stated the days 
 on which the board ot revisors shall meet to revise the said 
 voters' list, (see s<.'hedule P. hereunto annexed,) and if any 
 elector deems himself aggrieved by the omission of his 
 name in the said list, or by any of the objections therein 
 made by the city treasurer in reference to his right to vote, 
 such elector shall prefer his request to the board of revi- 
 sors ; and on the day fixed for revising the voters' list for 
 the ward in which the said elector claims the right to vote, 
 
 pi 
 
1874. 
 
 Cilij of Montreal. 
 
 Cup. 51. 
 
 16 
 
 ert:,rs 
 or as- 
 
 erem 
 vote, 
 revi- 
 frt for 
 rote. 
 
 it shall be his duty to appear, either personally, or throuj^h 
 an agent, or representative, before the said board, to make 
 good his claim. ^ 
 
 31. At their last monthly meeting in every vear the citv^°""***fr°^*-. 
 
 .1,1,1 r J.1 11 1 "^ *"" appointod. 
 
 council shall choose irom among the aldermen whose 
 term of office will not expire in the next succeeding year, 
 five members of the said council who shall be and consti- 
 tute a board of revisors, any three of whom shall be a 7//0- 
 rum to revise and settle the said voters' list, and decide 
 according to the best of their judgment, upon the claims 
 made for the insertion or omission of names in or from the 
 said list ; and such member as the board may choose shall g[^j^° *^*" i*™' 
 preside ai the meetings of the board, and the members of 
 such board shall, on their first day of meeting, be duly 
 sworn by the mayor, or any of the aldermen of the said 
 city not a member of the board, well and impartially to 
 perform their duties as such revisors ; and the said board 
 shall meet on the fifth day of February, at ten o'clock in 
 the forenoon, and they shall adjourn from day to day until 
 the voters' list is revised and settled ; the said board shall 
 have power to examine persons upon oath respecting the 
 said claims, and all matters connected with the revision 
 of the said list; and after hearing the best evidence of 
 which the cases will admit, the said board shall make the 
 necessary additions or erasures to or from the said list; 
 provided, however, that nothing herein contained shall pre - P'"°'''*° = 
 vent the said board from erasing from the said list the name 
 of any person that may appear on the said list not to have 
 paid his taxes or assessments on or before the preceding 
 first January, as directed by law, or to be dead at the time 
 of the revision of the said list, or whose name may have 
 been erroneously included twice in the list of any one 
 ward ; neither shall it prevent the said board correcting 
 any mistake made in the name of any voter inserted in 
 the said list, or from adding to, or removing from the said 
 list, any intermediate name that may have been erroneous- 
 ly omitted from, or added to, the name of any voter there- 
 on, or from correcting any obviously clerical error in the 
 name, residence, or occupation of any voter in the said 
 list ; provided also, that the said list shall be finally revised 
 before the fifteenth day of February. 
 
 3!8. The said list so rerised and settled shall be signed ^p"." "o™- 
 by the chairman of the said board, countersigned by the voS list u 
 city clerk, and sealed with the city seal, (lor certificate, see shaii be cx- 
 schedule C hereunto annexed,) and shall be filed of record ^i^/ hlVand 
 in the office of the city clerk ; and any copies or extracts fii«'i with th« 
 from the same, certified by the city clerk, shall be deemed °''"'''' 
 authentic for all the purposes of this act ; and every elec- 
 
 ::> 
 
 K 
 
 >" 
 
 
16 
 
 Cap. 51. 
 
 City of Montreal. 
 
 37 Vict. 
 
 II 
 
 Righti of 
 perioDB on 
 ■uoh lisU 
 
 tor whose name shall not be erased in such list, shall be 
 entitled to vote at the election of mayor and aldermen of 
 the said city, without any further inquiry as to his qualifi< 
 cation. 
 
 appointed 
 in their stead 
 
 ifanyof tho 3S. In the event of tho decease or absence, from illness 
 doado7 Absent ^^ Otherwise, of any member of the said board of revisors, 
 others to be ' the couucil shall appoint from among its own members, 
 whose term of office does not expire in the then ensuing 
 month of March, another re visor in tho stead of the one 
 who shall be so deceased or absent, which said revisor so 
 appointed shall be sworn in the same manner as the one in 
 whose stead he shall be so appointed, and any member 
 who shall be so appointed in the stead of an absent revisor, 
 shall only act as such for the purposes of the election which 
 shall be then going on ; but if the council shall be unable 
 to appoint such other revisor in the stead of the one who 
 shall have deceased, or be absent as aforesaid, then it shall 
 be lawful for the remaining members of the said board, to 
 perform all the duties in and by this act directed to be 
 done by the said board of revisors. 
 
 Penalty if 34. If any revisor appointed under the provisions of this 
 
 revisoraneg- ^^^ shall ncglect or rcfusc to perform any of Ihe duties re- 
 
 Icct or rciuso *■ j 
 
 to perform quircd of him under the preceding sections, he shall incur 
 duties. a penalty of two hundred dollars. 
 
 ■ v= t-*^'<4! 
 
 to( 
 ch| 
 
 mil 
 at 
 qu| 
 of 
 
 , j<4-^ .;•► i 
 
 MUNICIPAL ELECTIONS. 
 
 i'.J 
 
 Nomination of 
 candidates. 
 
 Notice to be 
 given* 
 
 Hour fixed. 
 
 W 
 
 35. 1. The lifteenth day of February in each year, is 
 hereby fixed as the nomination day for all candidates for 
 the office of mayor of the said city and of aldermen for 
 the several wards thereof; and such member of the coun- 
 cil as shall have been previously appointed by the said 
 council for that purpose, shall preside at each of the nomi- 
 nations of candidates, for the offices of mayor and aldermen 
 respectively, which shall be held in the open air ; that, 
 for the office of mayor at the city hall, and those for alder- 
 men at such places in the several wards, to be fixed by the 
 said council as that all the electors may have free access 
 thereto ; " 
 
 2. Five days at least prior to such nomination the city 
 clerk shall give notice, in at least one French and one Eng- 
 lish newspaper published in the said city, of the time and 
 place of such nomination, and of the names of the presiding 
 members at such nomination ; 
 
 3. Ai ten o'clock in the forenoon of the said nomination 
 day, the member appointed to preside at each such nomi- 
 nation, shall proceed to the place where the same is to be 
 held as aforesaid, and shall then aiid there require the elec- 
 
1874. 
 
 City of Montreal. 
 
 Cap. 
 
 51. 
 
 17 
 
 city 
 Eng. 
 and 
 tiding 
 
 lation 
 lomi- 
 to be' 
 I elec- 
 
 tors there present to name the person whom they wish to 
 choose as mayor, or as ulderniun, as the case may be ; 
 
 4. And any two duly qualified electors of the said city Candijauc.for 
 may openly and publicly address to the member presiding "'">'"'^*")'- 
 at the nomination for the office ot mayor, a demand or re- 
 quisition that the person by them named l)e elected mayor 
 of the said city, for the next ensuing term of the said office ; 
 and in the event of there being only one such demand or 
 requisition made as aforesaid, or that all the demands or 
 requisitions so made shall be for one and the same person, 
 then at the expiration of fifteen minutes I'rom the hour 
 aforesaid, the member presiding shall proclaim the said 
 person duly elected mayor of the said city for the next 
 ensuing term of the said oHice ; 
 
 o. And any two qualified electors iji any ward of the said *■""■*'''"''"">• 
 city may, on the day aforesaid, openly and publicly address 
 to the member presiding at the nomination for the office of 
 alderman in such w^ard, a demand or requisition that the 
 person named by them be elected alderman for the said 
 ward in which the said requisitionists are electors as afore- 
 said ; and if there be only one demand or requisition made 
 for the election of such alderman, or if all the requisitions 
 made in any such w^ard be for the election of the same per- 
 son as alderman, the said member presiding shall proclaim 
 the said party duly elected alderman for the said ward for 
 the next ensuing term of the said office ; 
 
 6. Each and every such election made as aforesaid with- Proeiamation 
 out dissent, shall be forthwith proclaimed in at least one gonfe^J '" "" 
 English and one French newspaper in the said city, and 
 the said presiding members respectively shall in due course 
 report the said elections to the council of the said city ; in 
 the event of demands or requisitions being made by two or in what oase % 
 mjre duly qualified electors as aforesaid for the election of p""jj^J'^^" ''" 
 two or more persons as mayor of the said city, or as alder- 
 man in any ward thereof, a poll shall be granted for each 
 and every such election l)y the said presiding members 
 respectively, and the said election shall be proceeded with 
 in the manner hereinafter prescribed ; provided, however, 
 that no person shall be voted for, or elected, for whose elec- 
 tion a demand or requisition shall not have been made as 
 aforesaid on the fifteenth day of February. 
 
 36. The board of revisors hereinbefore established, shall Board of rovi- 
 make the necessary arrangements for the election of mayor arr^ngemenu 
 and aldermen ; and for that purpose they shall meet be- for election, 
 tween the fifteenth and twentieth days of February, to fix 
 and determine the number of polls, and the places where 
 the same are to be held in the several wards wherein the 
 election is to take place ; and in doing so the siid board 
 shall be regulated by the number of qualified voters jji each 
 
 3 
 
 sfl 
 
 / 
 
18 
 
 Cap. 51, 
 
 City of Montreal. 
 
 87 ViOT. 
 
 Election ; 
 bow bel4t 
 
 Mode of ro- 
 cording the 
 votes. 
 
 As to electors 
 Bwom. 
 
 electoral district, the number of voters at each poll to be as 
 near three hundred as possible ; the said board shall select, 
 and, by a commission under the hand of its chairman, and 
 countersigned by the city clerk (see schedule D hereunto 
 annexed,) appoint a returning officer and a poll clerk for 
 each polling place to be held for the said election ; the said 
 board shall also cause books to be prepared for each polling 
 place (in the form of schedule E hereunto annexed,) in which 
 shall be taken and recorded the votes of the electors. 
 
 87. 1. When a poll is granted for the election of the 
 mayor, the voting shall take place in all the wards of the 
 city, and when a poll is granted for the election of an alder< 
 man, the voting shall take place in the ward for which the 
 poll has been granted ; the voting for the election of mayor 
 and aldermen, as aforesaid, shall take place on one and the 
 same day, that is to say : on the first day of March, in each 
 year, at the places, and before the returning officers to be ap- 
 pointed as hereinafter provided ; the polls shall be opened 
 at nine o'clock in the morning, and shall be closed at five 
 o'clock in the afternoon ; and six days at least prior to the 
 voting, the city clerk shall give notice of the time and place 
 w^here, and the names of the returning officers before whom 
 the said voting shall be held, specifying at the same time 
 the boundaries of each electoral district, as previously fixed 
 and aeterrained by the assessors as aforesaid, the said notice 
 to be published in at least two English and two French 
 newspapers in the city, and to be posted, by means of prin- 
 ted placards, in the ward or wards w^herein the election is 
 to take place : on the day fixed for holding such poll, each 
 elector shall present himself at Ihe polling place at which 
 he is entitled to vote, and as each elector votes, his vote 
 shall be recorded in the poll book by making the figure 1 
 opposite the voter's name in the column at the head of which 
 appears the name of the candidate for whom the elector 
 shall have voted ; 
 
 2. Each returning officer shall, at the polling place kept 
 by hir in conformity to this act, record or cause to be 
 recorded in such poll book as aforesaid, and in the order in 
 which they shall be given the votes of the electors voting at 
 such polling place, by entering therein the name, surname, 
 legal addition of each elector so voting, and by showing by 
 the insertion of the word " owner," or " tenant," in the said 
 poll book, whether it is as a proprietor or as a tenant, that 
 such elector claims the right of voting at such poll ; and 
 when any elector has taken the oath required of him by 
 this act, the returning officer shall state in the poll book 
 that such oath was taken by the elector, by entering after 
 the name of such elector, a mark to that effect in the proper 
 column in the said poll book; - ^' ' 
 
 18' 
 
 eac 
 sue 
 
 "P 
 reti 
 
 foo 
 
ViOT. 
 
 1874. 
 
 City of Montreal. 
 
 Cap. 51. 
 
 1§ 
 
 8. Each returning officer shall write in full at the head of Returning 
 each page of the poll book used by him, the number of "Jy^'^^J* "" 
 such page, and certify the same by his signature as follows : rage of poll 
 " page number one, {or two, or as the case may be,) A. 13 , ''"''''• 
 returning officer," and he shall certify in full words at the 
 foot thereof, (before entering any name or vote in the next 
 succeeding page) the first and last name and total number 
 of names entered therein, and shall then sign the same, 
 which certificate shall be to the effect following : " 1 certify- 
 that the total number of names entered on this page as 
 voters, is , whereof the first name is C. D., 
 
 and the last name is E. F. — Signed, A. B., returning 
 officer ; " 
 
 4. In every case where the vote of any person is objected Votes objeowd 
 to by any candidate or his agent, the returning officer shall J^j|jJ7„fg|,JJ 
 enter the objection in his poll book by writing after the in poii-book. . 
 name of the voter, in the column for objections, the words 
 " objected to " only mentioning at the same time by which 
 candidate, or on behalf of what candidate the objection 
 has been made, by adding after the words " objected to '* 
 the name only of such candidate. 
 
 38. Upon the demand of any candidate, or his duly au- Oath may be 
 thorized agent, or any duly qualified elector in the said yoter." * * 
 city, the returning officer shall administer to any voter the 
 oath (in the form of schedule F., hereunto annexed) : if the 
 voter refuse to take the said oath, the word " refused " shall 
 be written opposite his name, and he shall not be allowed 
 to vote ; if the voter take the oath, the word " sworn " 
 shall be written opposite his name, and his vote shall bo 
 received and registered. 
 
 ' 'I 
 
 r 
 
 30. In the event of the decease, or absence from illness '^•"•^^^'incasd 
 
 11 • n ± • ^m 1111 ..of absence of 
 
 or otherwise, of any returning offacer or poll clerk appoint- returning 
 ed as aforesaid, or his refusal to act, power is given to the officer or 
 city clerk to appoint a substitute to perform the duties of ^ " " * 
 *' 3 returning officer or poll clerk so absent. 
 
 40. As soon as a poll shall have been granted for any City clerk to 
 ward in the said city, the city clerk shall prepare or cause Pf^^J^g^jP'^" 
 to be prepared copies of the voters' list last made and revised for the 
 for each electoral district of such ward, sub-dividing theJ^*^™J"«f 
 same alphabetically according to the number of polling 
 places, fixed and determined, and the number of voters 
 assigned to each polling place, as aforesaid ; the city clerk 
 shall certify each of the said copies as being a correct ex- 
 tract from the Aoters' list for such electoral district, and 
 shall transmit the said copies to the respective returning 
 officers appointed to preside at the election in such ward. 
 
20 
 
 dap. 51. 
 
 City of Monlreui. 
 
 37 Vict. 
 
 Ruturnin/r 
 
 ofTiucn iinil 
 )iull dorks to 
 be awurn. 
 
 bribery. 
 
 .!i 
 
 41. Tho returning officers and i^oll clerks appointed as 
 aforesaid shall take and subscribe, beibro the mayor or any 
 alderman oi' the said city, the oath according to schedule Gr 
 hereunto annexed; and ot their having taken such oath 
 there shall be delivered to them respectively by the city- 
 clerk a certificate (in the ibrm of schedule H., hereunto 
 annexed). 
 
 Bribery at 43. 1, The lollowing pcrsons shall be held to be guilty 
 
 eiuutiuoM. Q^ bribery, and liable to the penalty hereinafter imposed 
 
 for such ofi'ence ; 
 whatconsti- 2. Auy elcctor who will at any time before, during, or 
 i."ib!.rv°"" ^^ ^^^^^ *"y ni^^"icipal election in the said city, ask or take 
 any mouey or reward, by way of gift, loan or other device, 
 or agree or contract for any money, gift or office, employ- 
 ment or other reward whatsoever, to give or forbear to 
 give his vote at any such election ; or any candidate al such 
 election, or any other person who by himself or by any 
 one employed by him, shall, by any gift, reward, promise, 
 agreement or security, corrupt or offer to corrupt any 
 elector to give or forbear to give his vote at any such 
 election ; 
 
 3. Any elector who, by way of gift, loan, reward, promise 
 or other device, shall procure or undertake or endeavour to 
 procure the return of any candidate at any municipal elec- 
 tion in the said city ; 
 
 4. Any person who shall receive any money, gift, reward 
 or promise, by way of carriage hire or for loss of time, in 
 giving his vote, or who shall accept an exorbitant price for 
 any merchantable article as consideration for his vote or 
 for abstaining to vote at any municipal election in the said 
 city ; 
 
 5. Any candidate or other person who shall engp.ge or 
 hire any licensed carter for the purpose of carrying voters 
 to the polls ; or any licensed carter who, for money, or for 
 any gift, reward, promise, or other device, shall let his 
 carriage, sleigh, or other vehicle, to any candidate or other 
 person, for the purpose of carrying voters to the polls at 
 any such election. 
 
 Ponuity. 43. Any person offending against any of the provisions 
 
 of the next preceding section, shall, for every such offence 
 incur a fine of fifty dollars to be recovered, with full costs 
 of suit, by any one w^ho shall sue for the same in the re- 
 corder's court ; and any person offending in any of the cases 
 aforesaid, being lawfully convicted thereof, shall forever 
 forfeit his right to vote at any municipal election in the 
 said city, or to be elected mayor or alderman of the said 
 city for a term of three years. - . ^. 
 
 Idem. 
 
 idem. 
 
 Idem 
 
1874 
 
 Oil)/ of Monf.reat. 
 
 Cap. 5l. 
 
 21 
 
 sions 
 'ence 
 osts 
 e re- 
 3ascs 
 •ever 
 the 
 said 
 
 44. All votes priven in violation of any ol' the foregoing VoIm haiiifted. 
 provisions shall bo null and void. 
 
 4«5, On or bi'fore the last day of December, every yoar, ^•"'■'*'>''^«<'-. 
 the clerk of the recorder's court shall transmit to the city names'ypM- 
 clerk a list of the names of all parties who may have been "" oonvictod. 
 convicted before the said court during the year, under the 
 foregoing i)ro visions ; and it shall be the duty of the city 
 clerk to submit the said list to the board of revisors when 
 they meet to revise the voters' list as herein before provided. 
 
 40. Every inn or tavern licensed for the sale of spi- '^^lH^aJ^i^ 
 rituous or fermented liquors, in the ward or wards of the eiooUons. 
 said city, in which an election is held as aforesaid, shall 
 be closed during the time the polls are kept opened, un- 
 der a penalty of one hundred dollars against the keeper of 
 such tavern if he neglects to close it, and under a like pe- 
 nalty if he sells or gives any spirituous or fermented li- 
 quors or drinks as aforesaid, pending such election. 
 
 47. The said returning officers shall, during the election ^'^/'"""^■^b^ 
 at which they are appointed to preside, be conservators of consonraton 
 the peace, and invested for the maintenance of the peace, "*" *'>e peace, 
 for the arrest, detention or admission to bail, trial and con- 
 viction of any person who breaks the law or troubles the 
 
 peace, with the same powers with which justices of the 
 peace are invested in this province ; and for the maintenance 
 of the peace and of good order at such election, each such 
 returning officer may require the assistance of any justice 
 of the peace, constable and other persons present at the 
 election, to aid him in so doing; and each such returning 
 officer, may arrest or cause to be arrested by verbal order, 
 and may piace in the custody of one or more constables, or 
 other persons, for such time as in his discretion he deems 
 expedient, any person disturbing the peace and good order, 
 or may cause such person to be imprisoned for any such 
 offence, under an order signed by him, until the close of 
 the poll ; which order, w^hether given Verbally or in 
 writing, all persons shall obey without delay, under a 
 penalty, for any refusal or neglect so to do, of twenty 
 dollars ; no such arrest, detention or imprisonment shall in 
 any manner exempt the person so arrested, detained, 
 confined or imprisoned, from any pains or penalty to which 
 he has become liable by reason of anything by him done 
 contrary to the true intent and meaning' of this act. 
 
 48. Immediately after the close of the polls in each ^^^^^Ju^'^^'J "^ 
 ward, as aforesaid, the returning officers shall respectively votesto'be" 
 count and add up in the poll books the number of votes oounted. 
 taken and recorded in favor of each candidate voted for at 
 
 1>- 
 
Cap. St. 
 
 Cily of Monlreat. 
 
 37 Vict. 
 
 9 
 
 Buoeeiiful 
 •»ndi(l«tei de- 
 oikrad. 
 
 Ouitody of 
 poU-booka. 
 
 such polls, and shall make and subscribe before the mayor 
 or any aldermnu of tho said city, the oath in the form of 
 schedule J — hereunto aniu^xed ; which oalli shall bo an- 
 nexed to the said poll books respectively ; and immediate- 
 ly thereafter the said returning ollicers shall return the 
 said poll books to the city clerk. 
 
 49. After the closing of the polls, on the first day of March, 
 as aforesaid, the board of revisors shall meet in the city 
 hall, at the hour appointed by the notice for its assembling, 
 to be previously given by the city clerk, and shall have all 
 the said poll books brought before them ; the said board 
 shall then and there ascertain the total number of votes 
 given to, and recorded in the whole of the said books, for 
 each candidate for the oHice of mayor or alderman (as the 
 case may be,) and shall report the same to the said council 
 at its next monthly meeting ; and the said council shall, at 
 such meeting declare the person having the greatest num- 
 ber of votes for the office of mayor, to be elected mayor of 
 the city of Montreal, and the person having the greatest 
 number of votes for the oiHce of alderman in each ward, to 
 be elected alderman of the said city ; and in case of equali- 
 ty of votes in respect of either of the said offices of mayor 
 or alderman, the said council shall determine and decide 
 which of the said persons having the said equality shall be 
 elected; the said poll books shall remain in the office aiid 
 custody of the city clerk, where they shall be open to in- 
 spection by any elector ujion the payment of twenty-five 
 cents. 
 
 Feei> 
 
 Pauultjr. 
 
 Mayor to fix 
 a day for 
 election in 
 oertain cases. 
 
 SO. The fees hereinafter mentioned, and no other, shall ^ 
 be allowed to each returning officer and poll clerk, for his 
 services at any election as aforesaid, that is to say : to the 
 returning officer, four dollars ; to the poll clerk, two dol- 
 lars. - . T- 
 
 r.'i.' 
 
 «S1. If any person, after having received a commission as 
 returning officer or poll clerk as aforesaid, shall neglect or 
 refuse to perform any official act or duty required of him, 
 lor carrying out the foregoing provisions, or if any person 
 appointed returning officer or poll clerk as aforesaid, shall 
 fail in the performance of any of the duties hereinbefore 
 assigned to him, or shall not fulfil the said duties in a faith- 
 ful and impartial manner, such person shall be liable to a 
 fine or penalty of five hundred dollars, to be recovered be- 
 fore the recorder's court. 
 
 t.;.-. 
 
 Hft. Whensoever it may happen that from any cause 
 whatsoever an election for a member of the council of the 
 said city shall not take place for any ward of the said city 
 
1874. 
 
 City of Montreal. 
 
 Cap. 61. 
 
 at the time fixed therefor h\ hiw, or appointed therefor by 
 the mayor of the said city, it Hhali ho lawful for the said 
 mayor, as soon thereafter as expedient, to appoint a day for 
 the nomination and another for holding? such election, and 
 the said election shall be held in the manner hereinbefore 
 prescribed. 
 
 MEETINGS OF TIIK COUNCIL. 
 
 A3. The said council shall have rej^ular monthly meetings, Monthly moot. 
 to be held on the second Monday ot each month, and the [,"JJ ' '" ^" 
 members of the council shall receive notice thereof and of 
 the business to be transacted at such meetings, the same as 
 hereinafter prescribed for special meetings of the said coun- 
 cil. 
 
 54. The mayor of the said city may call a special meet- 
 ing of the said council, when ana as often as he may deem 
 proper ; and in case the mayor shall refuse to call any such 
 meeting after a requisition to that effect signed by five at 
 least of the members of the said council, it shall be lawful 
 for such members to call a meeting of the said council; but 
 in all cases of special meetings called as aforesaid, a sum- 
 mons, to attend the council, summarily specifying the busi- 
 ness to be transacted at such meetings, and signed by the 
 city clerk, shall be delivered to every member of the said 
 council, or left at his usual place of abode, three days at 
 least before such meeting ; and at such special or monthly 
 meetings of the council no other business but those specih- 
 ed in the said summons shall be considered or disposed of, 
 except with the sanction of the mayor and the concurrent 
 vote of all the members present at such meetings. 
 
 Special meet- 
 inKfi, how held 
 
 In oane of 
 rofuial by the 
 mayor to oall 
 fluob meetings, 
 five members 
 may call a 
 meeting after 
 certain notice. 
 
 Buginesi 
 before such 
 meetingi to b« 
 gpeoially men- 
 tioned in suoh 
 notice. 
 
 
 «I«S. The special meetings convened by the order of the Special meet- 
 mayor in pursuance of the power granted in the next pre- JjauVd!*"' 
 ceding section, may be so called and convened by verbal 
 or written intimation or notice by the mayor to the city 
 clerk, who shall thereupon issue the summons to the mem- 
 bers of the council in the manner prescribed by the said 
 section ; and every requisition to call special meetings of 
 the said council signed by five or more members of the 
 said council in case of the mayor's refusal to call the same, 
 shall be deemed and considered a sufficient notice to au- 
 thorize the city clerk to issue the summons to the members 
 of the council in the manner prescribed by the said section, 
 provided such requisition shall specify the business for 
 which the meeting is called. 
 
 ( 
 
I 
 
 3i 
 
 Adjourned 
 meetings. 
 
 Who shall pre' 
 side. 
 
 Quorumi 
 
 Majority to 
 decide ques- 
 tions. 
 
 Pvules of 
 council. 
 
 Cap. 51. 
 
 Cilij of Montreal . 
 
 37 Vict. 
 
 •56. At any special or monthly meetini^ of the said coun- 
 cil, when the business before the meeting cannot be gone 
 uirough with, or be fully disposed of, it shall be competent 
 to the said council, to adjourn' the said meetings from time to 
 time, and as often as may be deemed necessary by the said 
 council, for the consideration and disposal of the said un- 
 finished business ; but no new business shall be brought 
 before, or be considered at, any such adjourned meeting, or 
 any other subject or business than the unfinished business 
 of the previous meeting ; it shall not be necessary to give 
 notice of any such adjourned meeting to any members pre- 
 sent at the time of the adjournment of the said council, 
 but notice thereof, and of the unfinished business, to be 
 considered and transacted thereat, shall be given in all pos- 
 sible cases, to the members of the said council not present 
 at the said adjournment ; and for that purpose, except in 
 cases of great emergency, no adjourned meeting shall be 
 held within less than twelve hours' delay from the time ot 
 the adjournment of the preceding meeting. , 
 
 •57. The mayor shall preside at all meetings of the coun- 
 cil, and shall have only a casting vote in case of an equali- 
 ty of votes, and no other ; if the mayor and acting mayor 
 should be absent from any meeting, the council shall choose 
 one of its members to preside. 
 
 58. One-third of the members of the said council shall 
 constitute a quorum f<»r the transaction of business, except 
 for the passing of a by-law, when two-thirds of the coun- 
 cil must necessarily be i^resent. 
 
 •59. At all meetings of the said council the majjority of 
 the members present shall determine all questions and 
 matters submitted to the council, except in those cases 
 where a larger number of concurrent votes may be re- 
 quired in pursuance of the rules oi the said council, . 
 
 60. The council may make rules and regulations for 
 its internal government, and for the maintenance of order 
 during its sittings, which shall be binding on all parties 
 concerned. 
 
 Order and 
 decorum. 
 
 61. The mayor shall maintain order and decorum dur- 
 ing the sittings of the council ; he may cai'.se to be arrested, 
 by any police olHcer or constable, or other person, any one 
 who may disturb the order of the council during any sit- 
 ting thereof, and have him, if he see fit, sent to the nearest 
 police station, to be thence brought before the recorder, to 
 be dealt with according to law, 
 
18V4.i 
 
 Cili/ of Monfiraf. 
 
 Cap. ol. 
 
 2o 
 
 68. Any person who, in any manner whatsoever, dis- Penalty 
 turbs the. order or proceedings oi' the council, or refuses to 
 obey the legal order of the mayor or presiding member at 
 any meethig of the council, as aforesaid, shall, on convic- 
 tion, for every oii'ence, incur a line not exceeding twenty 
 dollars. 
 
 63. The minutes of the proceedings of all meetings of 
 the council to be held as aforesaid, shall be drawn up and 
 fairly entered in a book to be kept for that purpose, and 
 shall be signed by the mayor, or member presiding at such 
 meeting, and the said mimites shall be open to the inspec- 
 tion of all rate-payers on payment of a fee of one shilling ; 
 and the said meetings shall be held with open doors, and 
 all extracts from the book required to be kept by this sec- 
 tion, and all copies of entries therein, and generally all 
 certificates, deeds and papers, signed l)y the mayor, and 
 countersigned by the city clerk of the said city, and under 
 the seal of the said city, shall, in all courts of justice in 
 this province, be taken and received as prima facie evi- 
 dence of the facts set forth in such extracts, copies, certill- 
 cates, deeds and papers respectively. 
 
 ' ' OI^FICERS OF THE COUNCIL. 
 
 64. The said council shall, from time to time, as occa- citvoieik, 
 sion may require, appoint a city clerk, a city treasurer, a city troasmor, 
 city surveyor, a superintendent of water works, a city I,!|irtots[ 
 auditor, a chief of police, an inspector of buildings, clerks of 
 markets, surveyors of highw^ays, streets and bridges, health hj'.Ihwn*"-,,"'^ 
 officers, assessors, collector^, pound-keepers, inspectors ol oversod.-.' 
 meat, and such other ollicers as they may think necessary, *;^"|^j ",11!^, ,^^0 
 to carry into execution the powers vested in them by this and (.ther 
 act, and the said council may prescribe and regulate the "'''''^gg;,^;!,.. 
 duties of all such otficers respectively, and at their plea- irutio?!' "^'^ 
 sure remove any such officer, aiul appoint another in his 
 
 place ; and the said council shall take such security for the f,^^"^^'*^ '" '''* 
 due execution of the offices of city treasurer, and other 
 ollicers charged with the collection of the city revenue, as 
 the said coui'.cil may think proper, and shall and may grant ^;f^'|!|/''''''''° 
 to the city clerk, treasurer and other ollicers, to l)e appoint- 
 ed as aforesaid, such salary, or other compensation for their 
 services, as they may think fit. 
 
 as. Thecitv treasurer shall, iu hooks to be kept for that city tren-Mnr: 
 purpose, enter t me accounts of all sums of money l)y Jiim ''''" '''"•''• 
 received or paid, as such treasurer, and the several matters 
 for w^hich such sums shai) have been received or paid ; and 
 the books containing the said accounts shall, at all refsona- 
 ble times, be open to the inspection of the mayor or any of 
 
 4 
 
 Alinutfn of 
 
 
 procooilings nt 
 
 
 meetings to bo 
 
 i ■ 
 
 kept. 
 
 
 Mtetings to bo 
 
 i 
 
 piibiii'. 
 
 
 Copios of 
 
 i 
 i 
 
 entries. 
 
 f 
 I 
 
 certified by tlie 
 
 
 elerk and 
 
 
 under tlio eity 
 
 
 seal, to be 
 
 
 deeuicd as 
 
 
 inim/ifacii' 
 
 .■«->.p| 
 
 evidence. 
 
 
 Ktotr 
 
 \>A 
 
Cap. 61. 
 
 City of Montreal 
 
 37 Vict. 
 
 I! 
 
 Aooounts to be 
 snnually sub- 
 mitted to the 
 auditor and to 
 the council 
 for examin- 
 ation and 
 audit. 
 
 Abstracts of 
 aooounts to be 
 annually 
 printed. 
 
 In ease of 
 absence of 
 city clerk or 
 city treasurer. 
 
 the aldermen of the said city; and all the accounts of 
 the said treasurer, with all vouchers, departmental books 
 and papers relating thereto, shall at all times, be open to 
 the inspection of the city auditor, whose duty it shall 
 be to examine the same, from time to time, and as often 
 as may be deemed necessary ; and at the termination 
 of every civic year, the city auditor shall certify to the 
 correctness of the said treasurer's accounts and abstract 
 of the receipts and disbursements of the preceding year, 
 if found on examination, to be a true and faithful re- 
 port of the transactions of the year ; after the said accounts 
 shall have been so examined and audited, the treasurer 
 shall, without delay, cause to be printed a full abstract of his 
 accounts for the year, which shall be open to the inspection 
 of all the rate-payers of the said city, and a certain number 
 of copies thereof shall be printed for distribution. 
 
 66. In case the city clerk or the city treasurer be absent 
 from the city, or, from sickness or any such cause, be in- 
 capable of discharging the duties of his office, the assistant 
 city clerk or the city auditor (as the case may be) shall, du- 
 ring such absence, act as city clerk or city treasurer, and 
 discharge the duties of the said offices respectively ; and all 
 acts, matters and things done by the said assistant city clerk 
 or by the city auditor, during such absence, shall have the 
 same force and eftect as if performed by the city clerk or 
 the city treasurer himself. 
 
 67. In addition to the persons already disqualified by 
 law from voting at any election of mayor or alderman in 
 the said city, no officer or servant in the pay of the said 
 council, nor any officer, constable, or other member of the 
 police force or of the fire brigade of the said city, shall be 
 qualified to vote at any such election. 
 
 Certain 68. The treasurer, or any other officer of the said city, 
 
 dfr*'d"tai*ie'd°" charged with the collection of the city revenue, shall, as 
 account". oftcu as the mayor may direct, deliver a true and faithful 
 account in writing, of all matters committed to his charge ; 
 and also, of all moneys which shall have been by him 
 received, by virtue, or for the purposes of this act, and how 
 much thereof shall have been paid and disbursed, and for 
 what purposes, together with proj^er vouchers for such pay- 
 To pay over meuts : aiid every such officer shall poy all such moneys as 
 au moneys by shall rcmaiii due from him to the treasurer, or to such per- 
 son as the said mayor shall authorize to receive the same ; 
 and if such officer shall refuse or wilfully neglect to deliver 
 such account, or the vouchers relating to the same, or to 
 make payment as aforesaid, or shall refuse or wilfully neg- 
 lect to deliver to the said mayor, or to such person as the 
 
 City ofSoors 
 disqualified 
 from voting. 
 
 them due. 
 
1874. 
 
 CUy of Montreal. 
 
 Cap. 61. 
 
 27 
 
 by 
 
 mayor shall authorize to receive the same, within three days 
 after being thereto required by the mayor, all books, docu- 
 ments, papers, and writings in his custody or possession as 
 such officer, then, and in eA'ery such case, on complaint 
 made by the said mayor, of any such refusal or wilful ne- 
 glect, to the recorder's court, the said court may issue a 
 warrant for bringhig any such officer before it ; upon the 
 said officer appearing, or not appearing, or not being found, 
 it shall be lawful for the said court, to hear and determine 
 the matter in a summary manner ; and if it shall appear 
 that any moneys remain due from such officer, the said 
 court may, by warrant, cause such moneys to be levied 
 by distress and sale of the goods and chattels of such of- 
 ficer; and if sufficient goods and chattels shall not be 
 found to satisfy the said moneys and the charges of the 
 distress, or if it shall appear to the said court that such 
 officer has refused or wilfully neglected to deliver such 
 accounts, or the vouchers relating thereto, or that any books, 
 documents, papers, or writings in the custody or possession 
 of such officer, in his official capacity, have not been deli- 
 vered as aforesaid, or are wilfully withheld, then, and in 
 every such case, the said court shall commit such officer 
 to the common gaol, there to remain, until he shall have 
 paid such moneys as aforesaid, and shall have delivered 
 a true account as aforesaid, together with such vouchers 
 as aforesaid, and until he shall have delivered up such 
 books, documents, papers and writings as aforesaid, or 
 have given satisfaction in respect of the matters afore- 
 said ; provided that no person so committed shall be de- 
 tained in prison for want of sufficient distress only for a 
 longer space of time than three calendar months ; provi- 
 ded also, that nothing in this act contained shall prevent or 
 abridge any remedy by civil action against any officer so 
 offending as aforesaid or against any surety for any such 
 officer 
 
 How they may 
 bo proceeded 
 agaiiut. 
 
 In djfaHlt of 
 payment, the 
 party may be 
 imprisoned. 
 
 Term of im- 
 prisonment 
 limited. 
 
 Remedy by 
 aotion not to be 
 abridged 
 against such 
 officer or his 
 surety! , 
 
 
 TAXATION. 
 
 him 
 
 how 
 
 d for 
 
 69. Before the first day of May every year the said coun- Asseuorg. 
 cil shall appoint as many assessors for the said city, not 
 exceeding nine in number, as may be necessary, and may 
 grant them such remu)ieration lor their services, as the 
 
 said comicil may deem fitting ; and any vacancy among 
 the assessors may be filled by the said council. 
 
 70. If any of the assessors appointed as aforesaid shall May be re- 
 at any time fail in the due performance of his duties, or pSd.*"'^ '" 
 shall not fulfil the said duties in a faithful, diligent and im- 
 partial manner, the said council may remove and replace 
 
 the assessor who mav have thus violated his obligations. . 
 
is 
 
 Cap. 51, 
 
 City of Montreal. 
 
 37 VlCT. 
 
 Ajscssiiicnt 
 rolls 
 
 Jlodo 
 
 at. 
 
 Ass^'.sjufs to 
 bo swoni. 
 
 ri. The assessors shall each year value and assess all 
 real property within the limits of the city, and make returns 
 also of the names of all persons liable to pay any tax, duty 
 or impost, specifying- the amount payable by every rate- 
 payer, accordijig to law. 
 
 79. The assessors, in assessing real property in the said 
 city, shall base the assessment on the bond fkle rent thereof, 
 or on the interest of the actual or real value of such pro- 
 perty, if the rent be found to be unfair and disproportioned 
 to the value of the property assessed : if the property shall 
 be occupied by, or in the possession of the owner thereof, the 
 assessors shall determine the assessment to be paid thereon, 
 upon and according to the rent which the said property 
 may be worth or ought to produce, or upon the interest o f 
 the' actual or real value of such property, at their discretion : 
 vacant lots shall be assessed upon the interest of the actual 
 value thereof. 
 
 7JI. The assessors, prior to acting as such, shall take and 
 subscribe, before the mayor or any two members of the 
 said council, the oath of qualification in the schedule K 
 hereunto annexed. 
 
 l-lxleiit iif their 
 JurisJictiuii. 
 
 I'iiiahcC ooiii- 
 mittcc to rogu. 
 liite duties ol' 
 
 U8!JCi<S0rS. 
 
 The duties of 
 aggessors may 
 bo performed 
 by a majority 
 of them. 
 Case of differ- 
 eneo cf opin- 
 iou, bow met. 
 
 74. The power and authority of the assessors appointed 
 under and by virtue of this act, shall be and continue in 
 force, and may be exercised for and during the period and 
 term of their appointment, to wit : until tho first Monday in 
 March in the year next following their said appointment. 
 
 7Si. The finance committee of the said council shall re* 
 gulate and determine the time m hen the assessors of the 
 said city shall annually begin their duties, the manner in 
 which they shall perform them, the period within which 
 they shall annually make their first general return of the 
 assessments to be levied in the said city, and the time and 
 manner in which they may correct their said return by 
 extending the same, and adding thereto the names of a^iy 
 parties omitted, or who shall have become known to the 
 said assessors, or shnll have arrived in the said city, or 
 shall have become liable to pay any assessment, tax, or 
 duty to the said city, at any time after the said general 
 return shall have been made; provided always, that all 
 duties that may be performed by the said assessors, may be 
 performed with equal force and effect by a majority of the 
 said assessors, and that in all cases where there may be a 
 difference of opinion among the said assessors, the opinion 
 of a concurring ma,jority of them, shall have the same force 
 and effect as if the whole of the said assessors had con- 
 curred 
 
1874. 
 
 City of Montreal. 
 
 Cap. Gl. 
 
 2§ 
 
 76. Any person who shall refuse to reply to the ques- Asscgsors nro- 
 tions which are put to him by any assessor in the tlischarge Jig**ifJ"g , ^ 
 of the duties imposed upon "him by law, or who shall givctho"ir"dutV8. 
 information to the said assessor which he knows to be 
 
 false, or who shall verbally insult or slander or strike such 
 assessor, or who shall reiuse to allow any such assessor, in 
 the discharge of his said duties, to enter in and upon his 
 property or the locality occupied by him, shall incur for 
 each such ollence a penalty not exceeding- twenty dollars, 
 w^hich shall be recovered, according to law, before the 
 recorder's court of the said city, 
 
 77. 1 . The assessors shall complete the assessment rolls Completion of 
 of the several wards of the city with proper diligence, and roiTs!""""' 
 shall make out fair copies thereof to be left with one of 
 
 their number, in their office in the city hall of the said 
 city ; as each roll is completed they shall give public notice 
 thereof in the newspapers in which the advertisements of 
 the corporation usually apx<ear ; 
 
 2. Such notice shall set forth that the assessors have com- Notice of suoh 
 pleted their assessment roll of the wcrdor wards stated in completion. 
 the said notice, and that a copy thereof is left with one of 
 
 their number at their office in the City Hall, Avhere the 
 same may be seen and examined by any person interested 
 during the delay specified in the notice, which delay shall 
 in no case be less than fifteen days from the first insertion 
 of the said notice, and that, after the expiration of said 
 delay, at a day and hour to be stated in the said notice, the 
 assessors will meet, at their office aforesaid, to review their 
 assessments of the real estate set down in the said assess- 
 ment roll ; on the application of any person conceiving ^laJntsf *^*""' 
 himself aggrieved, it shall be the duty of the said assessors 
 on such day to hear and examine all complaints in relation 
 to such assessments of real estate that may be brought 
 before them ; and they are hereby empowered, and it shall 
 be their duty to adjourn from time to time, as may be 
 necessary, to hear and determine such complaints, and to 
 keep a summary record or minute of their proceedings, in 
 which the said assessors may, if they see fit, also state the 
 grounds on which they shall base their judgments on the 
 com.plaints submitted to them ; 
 
 3, Whenever any person on his own behalf or on behalf applications 
 of those whom he may represent, shall apply to the said o7 asser'smeDt. 
 assessors to reduce the value of his property as set down in 
 
 any of the said assessment rolls, it shall be the duty of such 
 assessors to examine such person touching the value of the 
 property in question, and after such examination, they shall 
 fix the value thereof at such sum as they may deem just, of 
 which the said assessors shall give communication to tne ■"■ ■» 
 
 complainant, either personally, or by causing a written or 
 
 ^«ll•■>f I 
 
 \v 
 
so 
 
 Cap. 51. 
 
 City of Montreal. 
 
 37 ViCT. 
 
 
 Recourse 
 to the Rec. 
 court against 
 (leciaion of 
 asgesfiors. 
 
 Rocourso to the 
 Superior court 
 against doci- 
 siou of res. 
 court. 
 
 Delays to be 
 final. 
 
 Rolls when 
 completed to 
 whom deliver- 
 ed. 
 
 printed notice to that effect to be left at his usual place of 
 abode, or through the post office, if he reside outside the 
 city limits; but if such complainant shall refuse to answer 
 any question as to the value of his property, or the amount 
 thereof, the said assessors shall not reduce the value of such 
 property ; the examination so taken shall be written, and 
 shall be subscribed by the person examined, and shall be 
 fyled in the office of the said assessors ; 
 
 4. Any person complaining as aforesaid to the said asses- 
 sors of his assessment on his property, and applying for a 
 reduction of the same, who may think himself aggrieved 
 by the decision of the said assessors may, at any time with- 
 in three weeks from the date of the said notice, complain 
 thereof by petition to the recorder's court, which shall have 
 exclusive jurisdiction in all cases of complaint against the 
 judgments of the said assessors on the applications made to 
 them for a reduction of assessment on real estate ; all such 
 petitions, together with a certified copy of the proceedings 
 had in each case before the assessors as aforesaid, shall be 
 filed with the clerk of the recorder's court, who shall give 
 each petitioner due and sufficient notice of the day and 
 hour when the said recorder's court will proceed to hear 
 and determine the merits of his complaint ; and any party 
 aggrieved by any decision of the said recorder's court with 
 respect to any such complaint, may address himself by sum- 
 mary petition, to any one of the judges of the superior 
 court for the province of Quebec, sitting at Montreal, pre- 
 sented either in term or vacation, within a delay of eight 
 days from and after the rendering of such decision ; and 
 thereupon it shall be lawful for such judge to order that 
 certified copies of the proceedings of the said assessors com- 
 plained of by the petitioner, and of the decision of the re- 
 corder's court on his complaint thereof, together with such 
 complaint itself, be transmitted to him ; and upon receipt 
 thereof he shall, after having heard the petitioner, either in 
 person or by attorney, make such order in the premises as 
 to law and justice may appertain ; 
 
 5. All the delays above mentioned shall be final, so that 
 any compiainant who shall neglect to make his complaint 
 or proof within the time specified, and take out such appeal 
 within the prescribed delay, shall be foreclosed from so do- 
 ing, and be held responsible and be compelled to pay the 
 amount for which he be assessed, according to the said 
 assessment books, together with all sums charged against 
 him for taxes, rates, imposts, duties or other municipal 
 charges ; 
 
 6. When the assessors shall have completed the roll of 
 any ward, they shall deliver the same, duly certified and 
 signed, to the treasurer of the said city. 
 
1874. 
 
 City of MonlreaL 
 
 Cap. 51. 
 
 78. 1. It shall be lawful I'or the said council to make by- 
 laws for the following purposes : 
 
 2. To impose and levy an annual assessment on all real 
 or personal property, or both, in the said city or upon the 
 owners or occupiers thereof, not to exceed thirty cents per 
 every four dollars on the assessed yearly value of such pro- 
 perty ; 
 
 3. For the ])etter protection of the lives and property of 
 the inhabitants of the said city, and for preventing accidents 
 by fire ; 
 
 4. For regulating the construction, dimensions, height 
 and elevation of chimneys, and especially where any houses 
 or premises are built or elevated above other houses and 
 premises to which they may adjoin or be near ; by whom, 
 at whose cost, in what manner, to what height, and within 
 what delay the chimneys of the less elevated houses or 
 premises shall be raised or built up so as not to endanger 
 the adjoining or neighbouring premises, and to prevent all 
 hazard of accident or loss by lire ; 
 
 5. For establishing such rules and regulations as they 
 shall deem expedient for preventing accidents by fire, and 
 for the conduct of all persons present at any fire within the 
 city ; 
 
 6. For appointing all such officers as they may deem ne- 
 cessary for carrying such rules and regulations as aforesaid, 
 into effect, and for prescribing the duties of such officers, 
 and providing for their adequate remuneration out of the 
 funds of the said city ; 
 
 7. For defraying, out of the said funds, any expenses that 
 they may deem it right to incur, for the purchase of engines 
 or apparatus of any kind, or for any other purpose relative 
 to the prevention of accidents by lire, or to the means of 
 arresting the progress of fires ; 
 
 8. For authorizing such officers as shall be appointed by 
 the council for that purpose, to visit and examine at suitable 
 times and hours, to })e established in such by-laws, as well 
 the interior as the exterior of all houses, buildings, and real 
 property, of any description, within the said city, for the 
 purpose of ascertaining whether the rules and regulations 
 to be made as aforesaid, have been duly observed and obey- 
 ed ; and for obliging all proprietors, possessors or occupants 
 of such houses, buildings, or real property, to admit such 
 officers and persons into and upon the same, at the times 
 and for the purposes aforesaid ; 
 
 9. For vesting in such members of the said council, and 
 in such officers as shall be designated in such by-laws, the 
 pow^er of causing to be demolished or taken down, all build- 
 ings or fences which such members or officers shall deem 
 necessary to be demolished or taken down, in order to ar- 
 rest the progress of any fire ; 
 
 ^nd conduct 
 of persons at 
 firea. 
 
 To appoint 
 officers to 
 carry rules 
 into effect. 
 
 To defray ex- 
 penses to 
 prevent fires. 
 
 To authorize 
 officers to 
 visit build- 
 ings, Ic. 
 
 To authorize 
 the demolition 
 of buildings at 
 fires. 
 
 1 
 
 i 
 1 
 
 81 1 
 
 Uy-laws 
 may be made. 
 
 To levy an i 
 annual assess- ] 
 mcnt on real ,' 
 estate. 
 
 To prevent 
 accidents by 
 fire. 
 
 To regulate 
 construction 
 of chimnoj'S. 
 
 i!: 
 
 f%^,*i I 
 
 »ii- 
 
 >*'\ 
 
32 
 
 Cap. 
 
 rA. 
 
 CUff of Montreal. 
 
 87 Vict, 
 
 e«tutu. 
 
 Business tax. 
 
 To prorent 10. For preventing thefts and depredations at fires, and 
 
 at firosf"**"* for punishinjT any person \vho shall resist or maltreat any 
 member or olficer ol' the council in the execution of any 
 duty assigned to him, or in the exercise of any power vest- 
 ed in him by any by-law made under the authority of this 
 section ; 
 To aid firemen 11. For defraying out of the funds of the city, any ex- 
 on "thityf "''"'* pense to bo incurred by the said council, in assisting any 
 person in their employ, w^ho shall have received any wound 
 or contracted any disease at any lire, or in assisting or pro- 
 viding for the iamily of any person in their employ who 
 shall perish at any fire, or in bestowing rewards in money, 
 medals, or otherwise, upon any person who shall have per- 
 formed any meritorious action at any fire ; 
 To impose a 12. For Imposing over and above all other assess- 
 ment"n*rear i^^uts which the said couucil are empowered to impose, 
 an annual assessment to be assessed and levied on 
 all real property within the said city, or upon the 
 owners or occupiers thereof, in respect of such property, 
 provided that such assessment shall not, in any one year, 
 exceed five cents per every four dollars on the assessed 
 Talue of the property lying and being within the said city, 
 and for regulating the time and manner in which such as- 
 sessment shall be collected ; 
 
 13, To impose and levy an annual tax (to be called " the 
 business tax") on hotel or tavern-keepers, brewers, distillers, 
 merchants, traders, manufacturers, pedlars, bankers, brokers 
 and money changers, auctioneers, grocers, bakers, butchers, 
 hucksters, pawnbrokers, livery stable keepers, carters, tan- 
 ners, inspectors of ashes, pork, beef, flour, butter or other 
 produce ; on railway, telegraph, insurance, gas, steamboat, 
 or steamship companies doing business in the said city ; on 
 owners of horses, carriages, dogs ; on proprietors or mana- 
 gers of theatres, billiard rooms, ball alleys or other like 
 games ; on ferrymen plying for hire for the conveyance of 
 travellers by water to the said city, from any place not 
 more than nine miles distant from the same ; and generally 
 on all trades, manufactories, occupations, business, arts, 
 professions or means of profits, livelihood or gain, whether 
 herein before enumerated or not, which now are or may 
 hereafter be carried on, exercised, or in operation in the 
 said city ; • ' <» » • 
 
 14. To fix the amount of the commutation money pay- 
 able by each person liable to statute la})our on the highways 
 in the said city, and to compel every person, so liable, to 
 pay the amount of such commutation money so fixed, with- 
 out his being allowed to oft'er his personal labour on the 
 said highways instead thereof ; 
 
 Special assess- 15. To imposo a spccial assessment to be made every year 
 Ewt.&o!' ^^^i^il the paying off" of the respective debts created for the 
 
 Commntation 
 money. 
 
1874. 
 
 City of Montreal. 
 
 Cap, 51. 
 
 establishment of the Mount Royal park, for aid to railways 
 and for drainage, as hereinafter provided ; the said assess- 
 ment TO be levied on all real estate in the said city, and to 
 be of sufficient amount to meet the interest on the said 
 debts and the sinking fund lor the extinguishment of the 
 
 same. 
 
 83 
 
 79. Every tax or assessment imposed by virtue of the Tax, when 
 foregoing provisions shall be payable annually, and at the P»y»'''«' 
 period fixed by such by-law. 
 
 80 
 or any 
 
 Every assessment imposed by virtue ofthe foregoing Aggesiment to 
 other provision of this act, may be levied on the lots eadnstrai ""an 
 subject to such assessment, as such lots appear and accord- 
 ing to the number given to each such lot or subdivision of 
 such lots upon the official plan and in the book of reference 
 for the said city, made in pursuance of the provisions of 
 chapter thirty-seven of the Consolidated Statutes for Lower 
 Canada, and of the act 27 and 28 Vict., chap. 40 ; and hence- 
 forth the number given to such lot upon the said plan and 
 in the said book of reference, shall be a sufficient descrip- 
 tion of such lot in the assessment rolls of the said city, to 
 enable the said corporation to levy such assessment. 
 
 81. Every special tax imposed in virtue of the foregoing Mode of levy- 
 provisions may, in the discretion of the said council, be a '°* *''*' '*** 
 fixed annual rate on all or any of the several classes of 
 persons subject to such tax, and on the premises by them 
 occupied for the purpose of their trade, business or manu- 
 i'acture, or a proportional tax to be detei mined by the said 
 council according to the assessed annual value of the real 
 estate or any part thereof, occupied as aforesaid, or accord- 
 ing to the annual value of the lease of such real estate or any 
 part thereof, occupied as aforesaid, by the persons liable to 
 such tax, or by both modes at once, that is to say, a fixed 
 tax on the persons liable to such tax, and a proportional 
 tax on the real estate occupied as aforesaid ; or only a fixed 
 tax on such person, according as the said council may in 
 each case consider it to be most advantageous to the said 
 city ; the said council may also, if they see fit, impose the 
 said tax in the form of a license payable annually at such 
 time, and under such conditions and restrictions as the said 
 council may determine. 
 
 
 ers. 
 
 8JSI, In the case of any tax imposed on the partner of a Tax on 
 firm or company of merchants, such tax may be claimed p""*"' 
 and recovered in the manner prescribed for the recovery 
 of assessments or taxes imposed by the said council, either 
 against such partner or against the firm or company of 
 which he is partner. 
 
 5 
 
 :| 
 
34 
 
 Cap. 61. 
 
 f 
 
 City of Monlreai 
 
 37 ViOT. 
 
 woni'ag.nt" HS. The words "agent" "or agency," in the foregoing 
 int«iT)reted. scctions, signify any and every agent or any and every 
 agency of one and the same company or partnership having 
 several distinct and separate agents or agencies in the said . 
 city, and the special rate imposed on the different trades, 
 hueiness or occupations hereinabove specified, shall be 
 payable for every establishment of such trade, business or 
 occupation in the said city, when it shall be carried on by 
 the same person, firm, or persons or company in more than 
 one distinct and separate house or place of business. 
 
 As to S8»08E- 
 
 iiient on pro- 
 prietors ;>«/■ 
 Irufii'h. 
 
 Notice to 
 rate-pnyers. 
 
 Sdhedulo li. 
 
 / 
 
 84. Whenever any assessment shall have been imposed 
 upon any real property belonging to several co-heirs, or 
 possessed />a/' irulivis by several persons whose names can- 
 not be easily ascertained by the assessors, it shall suffice for 
 the said assessors to inscribe in the assessment books, the 
 name of one of the co-heirs or co-possessors ; and the co- 
 heir or co-possessor whose name has thus been inscribed in 
 the said books, shall be held liable for the full payment of 
 the assessment, thus imposed, reserving his full remedy as 
 by law against his co-heirs or co-possessors. 
 
 COLLECTION OF TAXES AND ASSESSMENTS. 
 
 8«5. Upon the return by the city assessors, of the assess- 
 ment roll for any of the wards of the s'aid city, and the 
 revision and completion of the same, or upon the return of 
 any special roll of assessment, the city treasurer shall give 
 public notice (see schedule L, hereunto annexed,) in two 
 newspapers joublished in the English language, and two 
 newspapers published in the French language, that the said 
 assessment roll is completed and deposited in his office, and 
 that all persons whose names appear therein as liable for 
 the payment of any assessment, tax or duty, are required 
 to pay the amouiit thereof at his office in the city-hall, 
 within ten days from the date of the last insertion of the 
 said notice in the said newspapers ; provided that the said 
 notice shall have at leni^t four insertions in each of the said 
 newspapers. 
 
 Speiiai notice 86. If at the cxpiratiou of the ten days as aforesaid anv 
 in iir'ro" rT^*" asscssmcut or tax lemain unpaid, the «aid treasurer shall 
 cause to be left at the usual place of residence, domicile, 
 office or place of but iness of the person owing such tax or 
 assessment, or with him personally, a statement of the 
 A'arious sums and of the total amount of taxes or assessments, 
 exclusive of water rates, and shall at the same time, in and 
 by a notice annexed to such statement (see schedule M 
 hereunto annexed,) demand payment of the taxes or assess- 
 ments therein mentioned, together with the costs of the 
 
 .Schedule M. 
 
1874. 
 
 City of Montreal , 
 
 Cap. 51. 
 
 35 
 
 8orvice of such notice, according to such tarill* as the said 
 council may establish. 
 
 I '.r* 
 
 • 87. The provisions of the next preceding section shall Proucain^ 
 not apply to persons residing beyond the limits of the said * ppjy" ',";,'„,J'.' 
 city ; the said persons shall be bound to pay their taxes or resuiont.-. 
 assessments within thirty days after the public notice men- 
 tioned in the eighty-fifth section of 'lis act, without it 
 being necessary that any demand should be made upon 
 them either personally or at their domicile, olfice or place 
 of business. 
 
 assess- 
 of the 
 
 8N. If any rate-payer neglects to pay the amount of Jj^^*j"|||'|^,'^'""'' 
 assessments or taxes imposed upon him, for the space ofofiadayV^ 
 fifteen days after such demand made as aforesaid, the city 
 treasurer may levy the same with costs and interest (11' 
 any due,) by warrant to be issued by the recorder's court 
 (according to schedule N hereunto annexed,) authorizing 
 the seizure and sale of the goods and chattels of the person 
 bound to pay the same, or of any goods and chattels in his 
 possession, wherever the same can be found within the 
 said city ; and no claim of property or privilege thereon or 
 thereto shall be available to prevent the sale thereof ior the 
 payment of the assessments, taxes or duties and costs, out 
 of the proceedii thereof. 
 
 N». Before proceeding to the sale of the goods and •Yt»*=<"'' ""'"^ 
 chattels of any rate-paver indebted as aforesaid, the city chattels. *° 
 treasurer shall give public notice (see schedule O hereunto 
 annexed,) of the day and place of sale, and of the name of 
 the person whose goods and chattels are to be sold, which 
 said notice shall be posted in a conspicuous place at the 
 entrance of the city-hall of the said city, at least forty-eight 
 hours previous to such sale. 
 
 90. If the goods and chattels seized are sold for more ^"p'"* <>' f"- 
 than the whole amount of assessments or taxes levied for how dUposecT 
 and the costs attending the seizure and sale, the surplus of- 
 shall be returned to the person in whose possession such 
 goods and chattels were, when the seizure was made ; but 
 if any claim for such surplus is previously made by any 
 person by reason of any alleged right of property or 
 privilege upon such surplus, and such claim is admitted 
 by the person for whose assessments, taxes or duties the 
 seizure was made, such surplus shall be paid to such 
 claimant; and if such claim be contested, the surplus 
 money shall be retained by the said treasurer until the 
 respective rights of the parties be determined by the 
 recorder's court. 
 
 -J 
 
 "'"v 
 
 r ; 
 
86 
 
 Cftp. 51. 
 
 CUy of MoHlreal. 
 
 87 Vict, 
 
 NoUoe to •!. Within a week from and alter the time appointed 
 
 watertenmu. ^y ^j^y by-lttw of tho Said coiincil for the payment of the 
 water rates imposed for any supply of water given or 
 furnished from the Montreal water works in the said city, 
 the city treasurer shall give public notice (see schedule 1' 
 hereunto annexed,) in two newspapers published in the 
 French language, and two newspapers published in the 
 English language, that the said water rates are due, an(' 
 that all persons liable for the payment of any of the said 
 rates are required to pay the amount thereof to him, at his 
 office, within ten days from the date of the last insertion of 
 tho said notice in the said newspapers ; provided that the 
 said notice shall have at least four insertions in each of the 
 said newspapers. 
 
 Special noties 91J, If at the expiratiou of the said ten days any of the 
 tonlnte'ln ^^^^ Water rates remain unpaid, the said treasurer shall 
 arroftra. leave, or cause to be left at the usual i)laco of residence, 
 domicile, office, or place of business of such person in 
 arrear, or with him personally, a statement (see schedule N 
 hereunto annexed,) of the various sums and the total amount 
 of water rates due by such person, and shall at the same 
 time, in and by a notice annexed to such statement, demand 
 payment of the water rates therein mentioned, together 
 with the costs of the service of such notice, according to 
 such tariff as the said council may establish. 
 
 Seiiure to isaue 03 If any persou in the said city neglects to pay the 
 p»ymo*DtI* °^ amount of water rates due by him, for the space of fifteen 
 days after such demand made as aforesaid, the cit) ^xeasurer 
 may levy the same with costs and interest (if any due,) in 
 the same manner as unpaid assessments or taxes are levied 
 under the foregoing sections of this act. - , , 
 
 Property to be 
 sold after two 
 years' non- 
 payment of 
 assessment* 
 
 How property 
 is to be sold for 
 arrears of 
 assrssmentt 
 and percent* 
 age thereon. 
 
 Return of 
 sheriff to be 
 made to the 
 sup. oourU 
 
 94. 1 . In all cases of real property in the said city liable to 
 assessment, on which two years assessment shall have 
 accrued and become due, the said property, or any sufficient 
 part or portion thereof, if the same be easily susceptible of 
 division, may be sold for the non-payment and recovery of 
 the arrears of assessment and interest due on the said real 
 property; and the sheriff of the district of Montreal, upon 
 the issuing of a writ or order to that effect by the superior 
 or recorder's court, may sell and dispose of such property, 
 after four months' notice to that effect, given by him, in the 
 usual manner and form, in payment and satisfaction of any 
 judgment obtained for the said arrears of assessment, and 
 whether the said judgment be obtained in the said superior 
 court or in the recorder's court'; and the moneys levied by 
 the sale of the said property to be so as aforesaid sold, the 
 said sheriff shall in all cases return before the said superior 
 
1874. 
 
 City of Montreal. 
 
 Cap. 61. 
 
 37 
 
 fv/' 
 
 court Kitting in the district of Montreal, to be by the said 
 court adjudged upon, distributed and ordered to be paid 
 according to law, and the rights and privileges of the parties 
 claiming the same ; provided however, that any balance or 
 amount of the said moneys to bo so as aforesaid levied by 
 the said shorill", remaining in the hands of the said sheriil" 
 after the Judgment and distribution pronounced thereon by 
 the said court, shall, within fifteen days thereafter, be paid 
 over by the said sheriff to the treasurer of the province, 
 to remain in his hands at an interest of six per cent, till 
 demanded and claimed by the party having a right to de- 
 mand and claim the same ; 
 
 2. The provisions contained in articles 1,022 and J, 025 Right of re- 
 of the municipal code of the province of Quebec shall J^TvS 
 have force and effect within the limits of the city of Mon- 
 treal, except that the city clerk shall act instead of the se- 
 cretary-treasurer of the county municipality. 
 
 9tl. Any assessment with which any real estate within TonHut liabio 
 the said city may be legally assessed, (special assessments '" »'y uV'^'f 
 lor street improvements excepted,) may be exacted and right to aoduot 
 recovered, either from the owner of the real propertv so '•""""* '"^''^ 
 
 11, • ,^ ^ frora rent. 
 
 assessed, or Irom any person occupymg the same or any 
 part thereof, either as a tenant or otherwise ; and when 
 any such assessment shall be paid by any tenant not bound 
 to make such payment, by the lease or other agreement 
 under which he occupies such real estate, such tenant shall 
 have the right to deduct the sum so paid by him, from the 
 rent payable by him in respect of the enjoyment or occu- 
 pation of the real estate so assessed ; provided always, that 
 a judgment obtained or execution issued against either 
 party, proprietor or tenant, shall not hinder proceedings 
 against the other party for payment of the said assessment, 
 if the same cannot be had or obtained from the party first 
 proceeded against. 
 
 06, All debts which, from and after the passing of this act, ^''^ ^".*' '" 
 shall become due to the said corporation, for any tax, assess- debt*!" "*'"' 
 ment or water rate imposed under and by virtue of any by- 
 law of the said council, shall be privileged debts, and shall 
 be paid in the order fixed and determined in articles 1,994 
 and 2,009 of the civil rode of Lower Canada, and shall, in 
 the distribution of the proceeds of property, whether real 
 or personal, of any person liable to pay any such debt, be 
 so held, considered, and adjudged, by all courts of justice, 
 and by all commissioners, or other persons having jurisdic- 
 tion in bankruptcy in this province; provided always, 
 that the privilege hereby granted, shall not extend beyond 
 ihe^assessments due for five years, that is to say, for the 
 current year when such claim may be made, and for the 
 
 
 i -■! 
 
 i - 'i . 
 
38 
 
 Cap. 51. 
 
 City of Montreal. 
 
 87 Vict. 
 
 
 LimiUtion 
 of privilogo. 
 
 five years next preceding that year; and provided also, 
 that the said privilege Siall not require registration to 
 preserve it, any act, ordinance, or law to the contrary 
 notwithstanding. *ijf-»«i fi.ri. 
 
 97. The privilege granted by the next preceding section 
 shall have no priority or preference over any mortgage or 
 privileged claims of third parties upon the real property of 
 any person liable for such debts, save and except for the 
 assessment actually due and owing upon ^ach real property, 
 but the proceeds of the said real estate sold and realized by 
 justice shall, after payment of such assessment actually due 
 thereon, be distributed among such mortgage or privileged 
 claimants according to their respective legal rights, and the 
 balance, if any, to the said corporation on account of, or lor 
 the said debt ; and no assessments for which the said cor- 
 poration shall have been collocated by any judgment of 
 distriDution ot the proceeds of any real property, to the 
 prejudice of any mortgage or privileged claimant thereon, 
 other than for the assessments upon such real property, 
 shall be held to be paid by the person owing such assess- 
 ments, but the mortgage or privileged claimant so prejudi^ 
 ced shall be to all intents and purposes subrogated in the 
 rights of the said corporation, as tc such assessments, and 
 shall have the power to proceed in his own name for the 
 recovery of such assessments, either by action or opposi- 
 tion, to the same extent, and in the same manner that the 
 said corporation could have done, if such collocation had 
 not taken place. 
 
 Suits ugairist 98. Suits for asscssmcuts or taxes against non-residents 
 uon residoatf.. .^^y Y)q brought in any court of justice having competent 
 jurisdiction. . „ 
 
 Diecount on 
 iiceoFgrnents 
 allowed. 
 
 Fiscal year. 
 
 99, It shall be lawful for the said council, by a by-law, 
 to allow such rate of discount as may be considered expe- 
 dient, c 1 8.11 assessments, taxes, and water rates, paid within 
 suchdeLy after the completion of the assessment in each 
 year, as the said council shall fix upon and set forth in the 
 said by-law ; and the said council may, by any such by-law, 
 charge interest, not exceeding ton per cent, on the amount 
 of all assessments and taxes which may remain unpaid af- 
 ter such delay, from the completion of the assessment in 
 each year, as the said council may determine and fix upon 
 in the said by-law. . * -^ 
 
 ■•*..■■•"''''■ "••'V' CITY FINANCES. ■■_ ; '- '- 
 
 100. The fiscal year in the city of Montreal, shall com- 
 mence on the first day of January, and shall end on the last 
 
1874. 
 
 Cilif of Montreal. 
 
 Cap. 51. 
 
 39 
 
 day of December, both days inclusive, and the assessments, 
 rates, taxes and duties ^imposed and levied each year shall 
 be held and considered as being imposed and levied for 
 that period. 
 
 101. Every year, on or before the first day of May, the Appropriations 
 said council shall make an appropriation of the amounts ~^'^'" ""^'''* 
 necessary to meet the expenses of the current year, by pro- 
 viding : 
 
 1. For the payment of the interest, and sums required 
 for the sinking fund on the debt due by the said city ; 
 
 2. For the general and ordinary expenses of the city ; 
 
 3. For the sums required for contemplated improve- 
 ments ; 
 
 4. For a reserve of not less than five per cent to be used 
 exclui^ively to meet unforeseen expenditure. 
 
 103. Such appropriation shall never exceed the amount f^' ■^''. "f*i'- 
 of the receipts from the preceding year, added to the ba- '"'"^'''''* '""'" 
 lance of the said receipts which shall not have been ex- 
 pended. 
 
 1€'3. It shall not be lawful for the said council to expend Expenses not 
 beyond the amount so appropriated, except in cases and pnfpHations!" 
 imder the conditions hereinaiter set forth ; but the council 
 may at any time vary the application of the sums so appro- 
 priated. 
 
 104. Any member of the council who shall have sane- P^'n^''^ "" 
 tioned the expenditure of any sum of money beyond the i!^g"f„r any ' 
 amounts so appropriated and the amounts at the disposal e^'o^s. 
 
 of the council, in conformity with the foregoing sections, 
 shall be personally resiwnsible therefor. 
 
 105. In cases of urgent necessity, the said council may, in cases of 
 by a majority of its members, pass a by-law to make any "uy* oxtrT'" 
 appropriation they may think necessary beyond the amounts appropriation 
 at their disposal ; provided, that by such by-law an addi- ^*^ *" '"'*' "' 
 tional assessment shall be imposed, payable during the 
 
 (bourse of the year in which such by-law is passed, and suf- 
 ficient to cover the amount so appropriated, which assess- , 
 ment shall be imposed on all real estate in the said city, and 
 may be recovered and collected in the same manner as the 
 ordinary taxes a^d assessments imposed a?\d levied in vir- 
 tue of this act. 
 
 106. 1 A consolidated fund is hereby establinhed ^r MontroaUon^ 
 the city of Montreal, to be known as the " city of Montreal e^tawisheii'." 
 consolidated fund," which shall consist of stock or shares 
 
 and debentures of one hundred dollars each, which the 
 
 ..I 
 
 J*^**\ 
 
40 
 
 Cap. 51. 
 
 City of Montreal, 
 
 37 Vict. 
 
 Fund divided 
 into ^ classes. 
 
 Class A. 
 
 Clan n. 
 
 CIr.«.« C 
 
 corporation of the said city moy dispose of, from time to 
 time, as opportunity offers, to an amount not exceeding five 
 millions of dollars, and the said stock or shares or deben- 
 tures shall form three classes, under letters A. B." C, to be 
 composed as follows : 
 
 2. Class A, shall comprise the stock or shares to be known 
 as "the Montreal water works stock," to the amount of 
 three millions of dollars, which shall be applied towards 
 the paying off and extinction of the debt incurred for, and 
 in respect of the water works of the said city, and shall 
 be secured by special mortgage and privilege, and without 
 the formality of registration at the registry office, on the real 
 estate, buildings, machinery, apparatus, mechanism and 
 works generally in connection ^^iththe water Avorks depart- 
 ment ; 
 
 3. Class B, shall comprise the stock or shares to be known 
 as " the Montreal public property stock," to the amount of 
 one million dollars, which shall be applied towards the 
 paying off and extinction of the debt incurred for, and in 
 respect of public property in the said city, and shall be 
 secured by special mortgage and priv'lege, and without the 
 formality of registration at the registry oflRce, upon the 
 public markets, fire and police stations, fire alarm telegraph 
 and drill shed, including the land in connection therewith, 
 the old St. Ann's market property lying betw^een McGill, 
 William and College streets, and the public squares in the 
 said city ; ...l .■.■■.[.■ 
 
 4. Class C, shall comprise the bonds or debentures to be 
 known as " the Montreal terminable debentures," to the 
 amount of one million of dollars, which shall be applied 
 towards the paying off and extinction of the general debt of 
 the said city, and shall be secured by a sinking fund, as 
 hereinafter provided. » < 
 
 Shares in 
 riapseg A and 
 B are perma- 
 nent 
 
 Certiecate of 
 shares. 
 
 107 The shares or stock comprised in the tw^o first 
 classes, to wit: "the Montreal water w^orks stock," and 
 *' th Montreal public property stock," shall be permanent, 
 in perpeiiiity and unredeemable ; and the bonds Oi deben- 
 tures of tht third class, to wit : " the Montreal terminable 
 debentures," shall be payable in twenty-five years from 
 date ; and up*^*: all shares, stock or debentures of the three 
 classes above mentioned, as forming the " city of Montreal 
 consolidated fund," there shall be paid by the treasurer of 
 the said city to each of the subscribers to the said consoli- 
 dated fund, interest at a rate not to exceed seveil per cent, 
 the said interest payable semi-annually, on the first day of 
 May and the first day of November, every year. 
 
 10^. Any person who shall subscribe for or purchase one 
 or more shares in the said consolidated fund, shall receive 
 
ricT. 
 
 18Y4. 
 
 City of Montreal 
 
 Cap. 51. 
 
 41 
 
 le to 
 rfive 
 }ben- 
 tobe 
 
 lown 
 nt of 
 vards 
 , and 
 shall 
 ithout 
 lg real 
 I and 
 epart- 
 
 :nown 
 ant of 
 is the 
 md in 
 all be 
 )ut the 
 m the 
 »gTaph 
 •ewith, 
 fIcGill, 
 in the 
 
 to 
 
 to be 
 
 the 
 
 :)plied 
 
 ebt of 
 
 nd, as 
 
 first 
 and 
 anent, 
 deben- 
 inable 
 s from 
 e three 
 ontreal 
 arer of 
 ;onsoli- 
 ;r cent, 
 day of 
 
 ase one 
 receive 
 
 from the treasurer of the said city a certificate to that effect, 
 to be signed by the mayor of the said city, and sealed vvitii 
 the seal of the said city ; which said certificate may be 
 according to ischedule Q or II hereunto annexed (as the 
 case may be.) 
 
 109. It shall be lawful for the said corporation to nego- shares— ix.w 
 tiate the said shares, stock and debentures either in this '■°*'"'"'' 
 province or elsewhere, and to pay the interest on the same 
 
 either in sterHng money or in the current money of Ca- 
 nada, and to pay off class C, terminable debentures, in 
 like manner ; and the principal and interest of the said 
 shares, stock and debentures may be made payable eitlier 
 in this province or elsewhere, and in the current money of 
 Canada, or, in that of the place where the said principal 
 and interest shall be payable. 
 
 110. 1. It shall be the duty of the city treasur'^r to enre- "^'^''^ ' ^■ 
 
 gister, in a book to be kept for that purpose, all shares, 
 
 stock and debentures that may be negotiated by virtue of 
 the preceding sections, as they are disposed of, and also the 
 name of each individual, person, or firm of persons, or cor- 
 poration, who may have subscribed to any amount of the 
 said shares, stock or debentures ; and when such subscriber 
 shall transfer or make over his said shares to a third party, 
 such transfer or cession may be made according to forms Tians'.-i i,:,ok 
 in schedules S or T hereunto annexed (as the case may be,) 
 and the same shall be entered or registered by the said 
 treasurer in a distinct book or register to be kept ])y him 
 for that purpose, and to which access may be had by in- 
 terested parties on demand ; and such subscriber or trans- 
 ferree last enregistered, as hereinbefore prescribed, shall 1)0 
 held to be primd facie the creditor of the amount of such 
 shares, stock or debentures, and such shares, stock and de- 
 bentures are and shall be transferable in the manner ai'ore- 
 said ; 
 
 2. The city clerk shall also keep a register in which 
 shall be summarily entered all transactions made by the 
 treasurer as herein provided, and the city auditor shall 
 keep a registration ledger of such transactions, separate 
 and distinct from the general ledger ; and he shall compare 
 the same, from time to time, with the books of record kept 
 by the city clerk and the city troasuriM' respoetively. 
 
 111. To facilitate transactions in the stock, .shares and T'-i'i'C'Y - 
 debentures of the city of Montreal consolidated fund, or in "*' ""^' ''" 
 any of the loans which the council of the said city, are, by 
 
 law, authorized to make, it is enacted that the said stock, 
 shares or debentures may be validly transferred and made 
 over, either in this province or elsewhere, by means of on- 
 
 
 
 ■ 
 
 ' * '"\ I 
 
 City clerk 
 auilitor to 
 keep a rci,'! 
 of stuck. 
 
 inti 
 
m 
 
 42 
 
 Cap. 51. 
 
 Citi/ of 3Tonireaf, 
 
 37 Vict. 
 
 dorsement in conformity with schedules U. or V. (as the 
 case may be,) hereunto annexed ; provided that any sum of 
 money paid to the bearer of any such certificate for interest 
 accruing on the stock represented by such certificate shall 
 be endorsed on the said certificate. 
 
 Sitoking find. n^. Every year, on or before the thirty-first day of De- 
 cember, the city treasurer shall take from and out of the 
 annual revenues and funds of the said corporation, and 
 before the payment of any appropriation whatsoever of the 
 said revenues or funds, a sum of money equal to one or 
 two per cent (as the case may be, and according to the 
 period fixed lor the maturity of the said loans respectively,) 
 on the debt created by the sale of bonds or debentures 
 issued under class C, of the said " city of Montreal consoli- 
 dated fund," and under the authority of section one hun- 
 dred and fourteen of this act; lor which purpose the said 
 corporation shall, by rating* or otherwise, every year, pro- 
 vide sufficient revenues and funds, and which said sum 
 of one or two per cent, with the accumulating interest 
 thereon if necessary, the said treasurer shall every year, 
 keep apart from all other moneys, to be invested and 
 applied solely and exclusively as a sinking fund, towards 
 the extinction of the debt created by the issuing of bonds 
 
 How inyested. or debentures, as hereinbefore provided ; aiid the said 
 treasurer shall invest the sum set apart as a sinking fund 
 and all interest to accumulate thereon, in public securities, 
 or bonds of the Government of Canada, or the local Go- 
 vernment of Quebec, and not otherwise ; provided, how- 
 ever, the said treasurer may, if deemed advisable by the 
 finance committee of the said corporation, pay off, from 
 and out of the said sinking fund, any sum in deduction of 
 the debt created as aforesaid towards the gradual extinction 
 of such debt, either by annual drawings or by purchase or 
 otherwise, as the committee may direct ; and the said trea- 
 surer shall place before the city ceuncil, at its monthly 
 meeting in the mouth of March of each year, a certificate to 
 the eft'ect that he has faithfully fulfilled the obligations 
 imposed upon him by the present section of this act, and in 
 default of his so doing, the said city treasurer shall become 
 and be liable to pay to the said corporation a fine of two 
 thousand dollars, said currency, which may be recovered 
 in the same manner as all other fines imposed in and by 
 this act, and shall form part of the sinking fund aforesaid ; 
 and it shall be the duty of the auditor of the said city to 
 submit to the said city council annually a statement under 
 oath showing whether the said treasurer has or has not 
 fulfilled all the obligations imposed upon him by the pre- 
 sent section, 
 
 Duty of oity 
 aaditor. 
 
1874. 
 
 City of Montreal. 
 
 Cap. 61. 
 
 43 
 
 113. The corporation of the said city shall at all times Corporation to 
 retain in their hands from and out of the " city of Montreal S;'^^o°;V. 
 consolidated fund," a sum equivalent to the amount of 
 their bonds, securities or debentures, then in circulation, 
 and issued in virtue of the several statutes concerning the 
 said corporation, and passed prior to the act creating such 
 consolidated fund (31 vie. cap, 37) ; and it shall be lawful 
 for the said corporation, with the said sum, to redeem the 
 bonds, or debentures in circulation at maturity, or earlier 
 by agreement with the holders thereof, or to receive the 
 same in exchange for shares, stock or debentures available 
 in virtue of the present act, on such terms and conditions 
 as may be agreed upon. 
 
 114. 1. In addition to the stock, or shares and deben- 
 tures authorized to be issued by the foregoing sections^ 
 and constituting " the city of Montreal consolidated fund," 
 the corporation of the said city are hereby authorized to 
 effect the following loans, that is to say : 
 
 2. A sum not to exceed three millions, three hundred and 
 fifty thousand dollars currency, to obtain a larger and per- 
 manent supply of water, for the said city ; to procure addi- 
 tional storage for water, and to enlarge and extend the 
 water pipes in the said city ; 
 
 3. A sum not to exceed one million, five hundred thousand 
 dollars currency, to improve the drainage and sewerage of 
 the said city, by the construction of main sewers or tun- 
 nels; 
 
 4. A sum not to exceed one million, five hundred thou- 
 sand dollars currency, to improve the condition of the 
 streets and highways of the said city, by the adoption of a 
 thorough system of paving and macadamizing and the 
 making and constructing of sidewalks or footpaths with 
 durable and permanent materials only, to the exclusion of 
 wood ; 
 
 5. A sum not to exceed one million, five hundred thou- 
 sand dollars to aid, by bonus or by subscription to the 
 capital stock, such railway enterprises, as may, in the 
 opinion of the said council, tend to promote the interests of 
 the said city ; but before doing so, it shall be necessary in 
 each case, that a by-law to that ett'ect, embodying the con- 
 ditions on which such aid is to be given, be passed by the 
 said council, and approved of and sanctioned by the muni- 
 cipal electors of the said city in the manner and form pre- 
 scribed in and by section one hundred and twenty of this 
 act ; 
 
 6. A sum not to exceed one million dollars currency, to 
 acquire and establish a public park on and in the vicinity 
 of the mountain of Montreal, to be known as " the Mount 
 Royal Park,'' and hereinafter more fully specified ; 
 
 Loan«. 
 
 $3,350,000 for 
 water works. 
 
 
 > 
 
 $1,500,000 for 
 drainage. 
 
 $1,500,000 for 
 street paving 
 and side- 
 walks. 
 
 $1,500,000 for 
 railways. 
 
 $1,000,000 for 
 the Park. 
 
 r ! 
 
Cap 
 
 5l 
 
 Cily of Montreal. 
 
 37 VjCT. 
 
 18' 
 
 !?i|50,0i)(» for 
 u uily-htill. 
 
 $2(Mi,0(MI for 
 ."trcot oiicning 
 
 Proviso : 
 
 $170,000 
 fur lire iinil 
 ]iolicc atutious 
 
 $ion,noo fjr 
 ]iul)lic slaugh- 
 ter hoUBCs. 
 
 $;)0,000 for 
 Los])it:il. 
 
 7. A sum not to exceed four hundred and iil'ty thousand 
 dollars currency, to erect a cit3'-hall on the lot of ground in 
 Notre Dame street, near the court house, in the said city, 
 ceded to the corporation by the provincial government on 
 the twenty-ninth day of June, one thousand eight hundred 
 and sixty-seven ; 
 
 8. A sum not to exceed two hundred thousand dollars 
 currency, for the opening or widening of streets, squares or 
 public places in the said city ; pronded however, that the 
 said corporation shall not contribute, out of the said loan, 
 more than one-third of the cost of the opening or widening 
 of any street, square or public place, and the remaining 
 two-thirds, shall be ])aid by the proprietors interested in 
 the said imi)rovement, who shall be assessed to that effect 
 by commissioners to be appointed, and to act as provided 
 in and by sections one hundred and seventy-six, and one 
 hundred and eighty-live of this act ; but such improve- 
 ment will require to have been resolved upon by an abso- 
 lulo majority of the members of the council of the said city; 
 provided also, that when the council of the said city shall, 
 by a resolution adopted by a vote of two-thirds of its mem- 
 bers, determine to carry out such improvement and to con- 
 tribute, from the city funds, one-third of the costs thereof, 
 the right of opposition conferred in and by section one 
 hundred and seventy-six of this act, upon the proprietors 
 interested, shall be suspended, in so far as it relates to such 
 improvement : provided, however, the said council, before 
 adopting any such resolution, shall have previously given 
 ten days' notice to that effect, in at least one English and 
 one French newspaper published in the said city, and the 
 said notice shall be given at least two insertions in the said 
 newspapers ; 
 
 0. A sum not to exceed one hundred and seventy thou- 
 sand dollars currency, to establish and erect police and fire 
 stations, and to acquire the necessary site for that purpose ; 
 
 10. A sum not to exceed one hundred thousand dollars 
 currency, for the purpose of establishing and erecting one 
 or more iniblic slaughter houses, and acquiring by amicable 
 settlement or by means of expropriation, as herein provid- 
 ed, the necessary sites therefor, either within or bev<?nd 
 the limits of the said city ; 
 
 11. A sr 1 not to exceed fifty thousand dollars currency, 
 to aid in the construction and establishment of hospitals for 
 contagious or infectious diseases under such conditions as 
 may l)e determined upon by the said council ; and the said 
 corporation may acquire real estate for that purpose in any 
 adjoining municipality, by the ordinary process of expro- 
 priation, or by amicable arrangement ; provided the con- 
 sent of such municipality be previously obtained by a reso- 
 lution of the council of the said municipality; 
 
 IT 
 
1874. 
 
 Cily of Montreal. 
 
 Cap. 51. 
 
 it 
 
 12. A sum not to exceed twentj--iive thousand dollars 
 currency, to aid in the erection and establishment of a gaol 
 for fem&les in this citv^ ; 
 
 13. A sum not to exceed twenty-five thousand dollars, 
 currency, to establish and erect in the said city or its vici- 
 nity, permanent buildings for the agricultural and indus- 
 trial exhibitions of this province, and to acquire the neces- 
 sary site therefor ; 
 
 14. The several loans specified in the present section re- 
 spectively include the amounts already authorized by prior 
 acts (see schedule ai>pended to the act of the legislature of 
 Quebec, thirty-sixth Victoria, chapter fifty*four,) but not yet 
 raised. 
 
 $25,000 for 
 fomale prison. 
 
 $25,000 for 
 permanent 
 buildings for 
 agricultural 
 shows. 
 
 Loans inuluds 
 amounts pre- 
 viously nu- 
 thorizod. 
 
 115. The loans which the corporation of the said city May or may 
 are authorized to make by section one hundred and four- of consolidated 
 teen, may, at the option of the said corporation, either form fund. 
 
 part of the said city of Montreal consolidated fund, or be 
 distinct and separate from such fund, and in the latter case 
 it shall not be necessary that the bonds or debentures to be 
 issued for the said loans be registered as hereinbefore pro- 
 vided. 
 
 116. It shall be lawful for the said corporation to issue ^o^er to issue 
 bonds or debentures to the amount of the respective sums °° *' 
 which the said corporation is empowered to borrow in and 
 
 by the said section one hundred and fourteen, payable at such 
 periods as may be deemed expedient, not to exceed forty, nor 
 to be less than twenty-five years from the date of their re- 
 spective issue of such bonds or debentures, and bearing inter- 
 est payable semi-annually, on. the first day of May and the 
 first day of November in each and every year, and at a rate 
 not exceeding seven per cent per annum ; the said bonds or Fo"n of bonds, 
 debentures shall be signed by the mayor, and countersigned 
 by the city clerk, with the seal of the said city thereunto 
 affixed ; and they n^ay be headed so as to designate the 
 object and purpose for which they shall respectively be 
 issued ; they may be issued from time to time, at such 
 periods and for such amounts, and with such corrections as 
 to time and mode of redemption as shall be deemed expe- 
 dient ; and they may liave coupons annexed to them for the^°"P°"*- 
 half yearly-interest payable on them, which coupons being 
 signed by the city-treasurer, shall be respectively payable 
 to the bearer thereof when the half yearly interest therein 
 mentioned becomes due, and shall, on payment thereof, be 
 delivered up to the said corporation, and ihe possession of 
 any such coupons by the said corporation shall be primd facie 
 evidence that the half year's interest therein mentioned has 
 been paid according to the tenor of such bonds or deben- 
 tures ; and as well the interest as the principal thereof shall 
 
 
4G 
 
 Cap. 51. 
 
 Cily of Mun treat. 
 
 37 VlCT. 
 
 be secured on the general funds of the said corporation : 
 J^nTuroma ^^® ^^^^ treasurer may allix his signature to said cowy^ows by 
 l« stamped!"^ stamping the same thereon with a stamp provided for that 
 purpose, with the authority of the said council; and the sig- 
 nature so affixed to such con pons shall, to all intents and 
 purposes, be as valid as if in the handwriting of the said 
 treasurer. 
 
 Bonds— how 
 negotiable. 
 
 117. Any sum which the said corporation is empowered 
 to borrow under section o)ie hundred and fourteen of this 
 act, may be borrowed either in this province or elsewhere ; 
 and the principal sura and interest thereon as aforesaid, 
 may be made payable either in this province, or elsewhere, 
 and either in sterling money or in the currency of Cana- 
 da, or in that of the place where the same shall be 
 payable ; and the provisions of section one hundred and 
 twelve of this act, in so far as they relate to the establish- 
 ment of a sinking fund, under the responsibility of the 
 city treasurer, and his obligations and those of the city 
 auditor in that respect, shall apply also to the bonds or 
 debentures, the issue of which is authorized by section one 
 hundred and sixteen of this act. - 
 
 Corporation by 118. At any time after the bonds or debentures, or any of 
 caiiTn doben- them that may have been or that shall be issued by thecor- 
 turcB over due poratiou of the Said city under the authority of this or any 
 Btcf on°dob£n- farmer act, shall respectively become due according to the 
 turos called in tcrms thereof, it shall be lawful for the corporation afore- 
 ofsTx montha ^^^^i ^^ ^^^Y shall think proper so to do, to direct a notice to 
 be inserted in the newspapers in w hich the advertisements 
 of the said corporation usually appear, requiring all holders 
 of the said bonds or debentures to present the sr.iie for 
 payment, according to the conditions thereof ; and if after 
 the insertion of such notice for two months, any such bonds 
 or debentures then payable shall remain out more than six 
 months from the first publication of such notice, all inte- 
 rest on such bonds or debentures, after the expiration of 
 the said six months, shall cease, and be no further payable 
 in respect of the time which may elapse between the expi- 
 ration of the said six months, and their presentment for 
 payment. 
 
 Doclaration of 
 amount of 
 borrnwing 
 punut'B. 
 
 119. 1. It is hereby declared and enacted that the cor- 
 por tion of the said city are by this act authorized to bor- 
 row the several sums enumerated in part II of schedule W 
 appended to, and forming part of this act, and no more, the 
 purposes and terms for and on which the same were and 
 rtvo authorized to be borrowed being also therein stated, so 
 that the aggregate amount which the said corporation on 
 the passing of this act, are authorized to borrow or owe (in 
 
1874. 
 
 City of Montreal. 
 
 Cap. 51. 
 
 47 
 
 addition to the stock or shares constituting " the city of 
 Montreal consolidated fund, " which lund is described in 
 part I of the said schedule,) is nine millions, eight hundred 
 and seventy thousand dollars current money of Canada, 
 and no more ; 
 
 2. Any person lending money to the said corporation Protoction to 
 shall not be bound or entitled to enquire as to the obser- '""■••"T' 
 vance by them ot any provision of this act, or to be bound quirioa. 
 to see to the application, or be answerable for any loss or 
 non-application of such money or of any part thereof. 
 
 130. It shall be lawful for the council of the said city to 
 make by-laws for the issuing of bonds or debentures lo an 
 amount not to exceed fifty thousand dollars in any one 
 year, for any public improvement, or any object other than 
 the ordinary improvements and requirements already here- 
 in authorized and provided for, and over and above the 
 ordinary yearly expenditure of the corporation of the said 
 city ; provided that every such by-law shall, before the 
 third reading and final passing thereof, receive the sanction 
 and approval of the municipal electors of the said city, in 
 the manner following, that is to say : 
 
 2. Every such by-law^ shall declare the purpose to which 
 the sum to be raised shall be applied, and make such other 
 provisions as may be requisite for ensuring the due appli- 
 cation of the money, and the attainment of the objects con- 
 templated by the by-law ; 
 
 8. Such by-law shall be made known to the rate-payers 
 by giving it two insertions in the newspapers patronized 
 by the corporation, and posting the same up in all the 
 wards of the said city, with a notice appended to it, to be 
 signed by the city-olerk, certifying that it is a true copy of 
 a by-law which will be taken into consideration by the said 
 council after the expiration of twenty days from the date of 
 the posting up of the said by-law, and that on some day 
 and hour named in the said notice and to be fixed by the 
 mayor, such day, not being less than ten, nor more than fif- 
 teen days after such publication, a general meeting of the 
 qualified municipal electors of the city will be held at the 
 city-hall for the purpose of considering such by-law, and 
 approving or disapproving of the same ; 
 
 4. On the day and at the hour and place appointed by 
 su^ notice, the qualified municipal electors, or such of 
 them as choose to attend the meeting shall take the said 
 by-law into consideration, and shall approve or disapprove 
 of the same ; 
 
 5. At such meeting, the mayor, or in his absence, the act- 
 ing mayor, or any alderman of the said city, shall preside, 
 and the city clerk shall act as secretary ; and the only 
 question to be determined at such meeting, shall be 
 
 Power to make 
 by-lawgfor tho 
 issuing of 
 lionda not 
 exceeding ia 
 one year 
 $3U,0UU for 
 any improire- 
 ment not 
 already pro- 
 vided for. 
 
 Such by-law 
 to bo approved 
 by electors. 
 
 By law to 
 specify jur- 
 pose of loan. 
 
 To be publish- 
 ed and posted. 
 
 Meeting of 
 electors. 
 
 Prcoeedings at 
 such m««tipg. 
 
 
48 
 
 Cap. 61. 
 
 City of Montreal. 
 
 87 Vict. 
 
 Proildent to 
 deolaro if 
 majority Bro 
 for or againet 
 the by-law. 
 
 Pnll may be 
 demanded. 
 
 Poll— how 
 held. 
 
 whether the majority of the electors present thereat, do or 
 do not approve of the by-law ; 
 
 H. When the question has been put, the person presid- 
 ing shall declare, whether in his opinion, the majority is for 
 the approval or disapproval of the by-law, and his decision, 
 if not forthwith appealed from, shall be linal, and shall be 
 communicated to the said council, at their first sitting there- 
 after, by a certificate under the hand of the secretary of the 
 meeting ; 
 
 7. Any twelve duly qualified municipal electors, present 
 at any such meeting, may appeal from the decision of the 
 person presiding, and demand a poll ; and such poll shall 
 be granted by the said person presiding, who shall then 
 and there fix and announce the day on which the poll shall 
 be held, in the several wards of the city ; 
 
 8. On the day fixed for holding such poll, each elector 
 shall present himself in turn to the polling-place at which 
 he is entitled to vote, and shall give his vote by " yea" or 
 " nay," the word " yea" meaning that he approves the pro- 
 posed by-law, and the word " nay," that he disapproves the 
 same ; but no person's vote shall be received unless he 
 appears, by the then last revised municipal voters' list, to 
 be a duly qualified elector ; 
 
 9. All the provisions contained in this act regulating 
 the time and mode to be followed for the election of 
 members of the said council, and for the maintenance of 
 peace and good order during such election, shall apply 
 mulatis mutandis to any election to be held for or against 
 such by-law ; 
 
 10. The provisions contained in sections one hundred and 
 twelve, one hundred and sixteen, and one hundred and 
 seventeen of this act in reference to the establishment of a 
 sinking fund and the mode of issuing bonds or debentures 
 shall apply to the bonds or debentures to be issued under 
 the authority of this section. 
 
 £e2u°^ if **^" •*• I^h^^'^after at any time it shall happen that the 
 any time'he moucys in the hauds of the treasurer of the said city, and 
 shall not hare applicable to the payment of the interest or of the princi- 
 "andf tomeet P^l of " the city of Montreal consolidated fund" aforesaid, 
 interest due. or any of the loans authorized to be made by this act, 
 shall be insufficient to pay any such interest or princi- 
 pal then due, it shall be the duty of the said treasurer to 
 calculate what rate upon the assessed annual value of the 
 property liable to assessment in the said city, wull, in his 
 opinion, (after making fair allowances for expenses, losses 
 and deficiences m the collection of such rate,) be required 
 to produce a sum sufficient, with the moneys in his hands 
 applicable to the purpose, to pay the sum due for such in- 
 terest or principal or both, and to certify such rate under 
 
 Provisions 
 relating to 
 munioipal 
 elections to 
 apply. 
 
 Prorisions in 
 reference to 
 sinking fundi 
 
1874. 
 
 City of Montreal. 
 
 Cap. 51. 
 
 40 
 
 his hand to the clerk of the «aid city, lor the inibrmation ol' 
 the council in the form of schedule X hereunto annexed ; 
 
 2. And such certificate shall have the like effect as a by- KHoit of otni. 
 law of the council of the said city lawfully imposing the "'^"'"* 
 rate therein mentioned, and shall be obeyed and acted 
 upon by all oificers of the corporation and by all others, 
 and the rate therein mentioned shall be forthwith levied 
 and paid accordingly, and in addition to any other rates 
 lawfully imposed by any ))y-law of the said council, 
 any provision in this or any other act to the contrary 
 notwithstanding; and the proceeds of such rate shall 
 be applied first to the paymei.t of the principal and 
 interest, as the case may be, for the payment whereof the 
 rate was imposed, and if there be any surplus of the said 
 proceeds, such surplus shall form part of the sinking fund 
 for the extinction of the said " Montreal terminable deben- 
 tures" or the said loans, or if there be no such debentures 
 or loans for which a sinking fund is required under this 
 act, then such surplus shall be applied to the general pur- 
 poses of the corporation. 
 
 WJJ. ]. On the issuing of a writ of execution, command- ^"^yff. «!'<>"" 
 ing the sheriff to levy any sum of money due by the said ^"j "f mocu-" 
 corporation for the interest or principal of " the city of Mon- "on against 
 treal consolidated fund" or both, or ofanyof the said loans, SJfiw' 
 the plaintiff" may require, and the court may order that such ing part of the 
 execution be levied by rate; audit such order be made, 2?"'*'''*'^ 
 the sheriff shall cause a copy of such writ to be served upon 
 the city treasurer ; and if the money therein mentioned, 
 with all the lawful interests and costs which the sheriff is 
 commanded to levy, be not paid within one month, from 
 the time of such service, the sheriff shall himself calculate, 
 as nearly as may be, what rate upon the assessed value of 
 the real property liable to assessment in the said city, will, 
 in his opinion, after making fair allowances foi expenses, 
 losses and deficiencies in the collection of such rate, be re- 
 quired to produce a net amount equal to the sum, interests 
 and costs he is commanded to levy, and ten per cent there- 
 on in addition, and shall certify such rate under his hand 
 to the city clerk for the information of the said council, in 
 the manner and form mutatis nii/tandis, i^rescribed lor the 
 certificate of the treasurer in the preceding section of this 
 act, and shall attach thereto his precept, commanding the 
 said corporation and all officers whom it may concern, forth- 
 with to cause the said rate to be leA'ieu, and the proceeds 
 thereof paid over to him ; and such certificate shall have 
 the like effect as the certificate of the treasurer, in the pre- 
 cedii)g section mentioned, and such precept shall be deem- 
 ed an order of the court out of which the writ issued, and 
 shall be obeyed by the said corporation, and by all officers 
 
 7 
 
 -»»Mi.rM 
 
50 
 
 Cup. 61. 
 
 Cilu of MuHlfeal. 
 
 HI VlCT. 
 
 Duty of city 
 offli^ori in ro- 
 gwrd to rate. 
 
 t 
 
 thereof, and others whom it may concern, on pain of their 
 personal responsibility to the said court; and the rate men- 
 tioned in the said certificate shall be forthwith levied and 
 paid accordingly, and in addition to any rates lawfully im- 
 posed by anyT)y-law of the city council, or by a certificate 
 of the city treasurer, any provision in this or any other net 
 to the contrary notwithstanding ; 
 
 2. It shall be the duty of the treasurer and clerk, of all 
 assessors, collectors and other officers of the said corpora- 
 tion, to produce to the sheriff, on his demand, all assessment- 
 books, papers and documents requisite for enabling him to 
 fix the rate mentioned in this section, and to give him any 
 information or assistance which he may require for the pur- 
 poses thereof; and all such oihcers of the corporation shall, 
 for all the purposes of this section, be deemed officers of 
 the court out of which the writ issued, and amenable to 
 and punishable by such court accordingly, in case of any 
 failure to perform any of the duties hereby assigned to 
 them respectively ; and the proceeds of the said rate shall, 
 by the treasurer, be paid over to the said sheriff, and by 
 him applied to the satisfaction of the debt, interest and costs 
 he was commanded to levy, and if there be any surplus 
 after satisfying the same, the said surplus shall be paid 
 back to the treasurer, and form part of the sinking fund 
 for the extinction of the said Montreal terminable deben- 
 tures, or of the said loans, or if there be no such deben- 
 tures or loans for which a sinking fund is required under 
 this act, then such surplus shall be applied to the general 
 purposes of the said corporation. 
 
 POWER TO MAKE BY-LAWS. 
 
 M J. 
 
 By-iawg. mS. 1. The council of the said city may make by-laws 
 
 for the following purposes, that is to say : 
 
 uonorai power. 2. For the good rulc, peace, Welfare, improvement, clean- 
 liness, health, internal economy and local government of 
 the said city, and for the prevention and suppression of all 
 nuisances and all acts and proceedings in the said city, 
 obstructive of, or opposed, or disadvantageous to the good 
 rule, peace, welfare, improvement, cleanliness, health, in- 
 ternal economy or local government of the said city ; 
 
 3. To restrain and prohibit all descriptions of gaming in 
 the said <5ity, and all playing at cards, dice or other games 
 of chance, with or without betting, in any hotel, restau- 
 rant, tavern, or shop, either licensed or unlicensed, in the 
 said city ; to prevent and punish any riot or noise, distur- 
 bance or disorderly assemblages ; to give power and au- 
 thority to enter into all taverns, hotels, and houses of public 
 entertainment, whether licensed or unlicensed ; to detect 
 and arrest on view, such persons as may be found gaming, 
 
 Gaining and 
 playing at 
 cardf. 
 
 Riote> 
 
 n 
 
1874. 
 
 City of Montreal. 
 
 Cap. 51 
 
 61 
 
 -laws 
 
 ames 
 stau- 
 1 the 
 stur- 
 au- 
 ablic 
 etect 
 ling, 
 
 playing at cards, dice, or other games of chance, or cock- 
 lighting or dog.fightiug therein, or making, causing or 
 creating any riot, noise, disturbance, or disomer therein ; 
 
 4. To prohibit cock-fighting, and dog-lighting, and all Cock nghting. 
 other cruel sports, in the said city, and also to prevent and 
 
 punish horse racing and immoderate driving or riding in 
 the streets or highways ; 
 
 5. For the better observance of the Lord's day in the Obiorvanco of 
 city of Montreal, and more especially to prohibit the open- ^'*' ^°"^'* '*•'■ 
 ing and keeping open on Sunday, of theatres, circuses, or 
 
 other places of amusement, where performance of athletes, 
 circus-men, mjnageries, minstrels, velocipedes or other 
 boisterous games or sport are held ; 
 
 G. To enforce the closing of barbers' shops and photo- Mo'"- 
 graphers' establishments in the said city, on Sundays ; 
 
 7. To prohibit the selling, vending or retailing, by store i^®""- 
 or shopkeepers, pedlars, hawkers, petty chapmen, hotel- 
 keepers, tavern-keepers, or persons keeping houses or places 
 
 of public entertainment in the said city, and all other per- 
 sons, on Sunday, of goods, wares, or merchandise, wines, 
 spirits, or other strong liquors, or the purchasing or drink- 
 ing thereof, in any hotel, tavern or house or place of public 
 entertainment in the city, by any person or persons ; and 
 also to enforce the closing of saloons and taverns from 
 seven o'clock on Saturday evening until Monday morning ; 
 and the said council may, by any such by-law, give power 
 and authority to enter into all stores, shops, hotels, taverns 
 or other houses or places of public entertainment of any 
 description whatsoever in the said city, for the purpose of 
 arresting on view any parties suspected of so selling, vend- 
 ing, or retailing, or offering or exposing for sale, or of pur- 
 chasing or drinking, as aforesaid ; 
 
 8. To license, regulate, or prohibit musical saloons or ^'^^^^'^^ 
 establishments where intoxicating liquors are sold, and***"'""' 
 wherein instrumental music or singing, or both, are used as 
 
 a means of attracting customers, under such conditions and 
 restrictions as the said council may deem expedient to 
 impose in the interest of the public ; 
 
 9. To regulate, license or suppress all exhibitions of Circuses, *•. 
 common showmen, shows of every kind, exhibitions of na- 
 tural or artificial curiosities, caravans, circuses, minstrels, 
 theatrical performances and any other like exhibitions and 
 amusements; . ■ < 
 
 10. To punish anv person who shall ill-use or cruelly J^"^"{/" 
 treat any animal in the said city ; 
 
 11. For establishing a board of health in the said city. Board of 
 and for appointing the members thereof, and for making all 
 such regulations as they may deem necessary for preserving 
 
 the inhabitants thereof from contagious and infectious 
 diseases, or for diminishing the danger arising from the 
 same ; 
 
 
h ' 
 
 52 
 
 Cap* 61. 
 
 (Hly o' Montreal, 
 
 87 Vict. 
 
 nfiw*. 
 
 ^,. 
 
 
 Powca of 
 board of 
 hoaUli. 
 
 Health officers 
 
 fiiiperinten- 
 ilents of ceine 
 tcries to 
 furnish re- 
 turns of 
 mortality. 
 
 Interments in 
 the city 
 prohibited. 
 
 Proviso : 
 
 Nuisances- 
 offensive 
 establish- 
 ments. 
 
 Penalty. 
 
 Proviso : 
 
 12. To confer upon the said board of health, all the privi- 
 *<;ges, power and authority in relation to the duties of the 
 said board, a^jd all orders to be made, and all things to be 
 done by the said board, as are possessed by the said council , 
 in reference to health ; 
 
 13. To define and regulate the duties, powers and attri- 
 butions of the health officers in all matters pertaining to 
 cleanliness in the said citj and the health of its inhabitants ; 
 
 14. To compel the superintendent of any cemetery in the 
 ■ city or in any of the adjoining municipalities to make and 
 
 deliver to the corporation of the said city, regular returns 
 of all persons buried in such cemetery ; and to regulate the 
 manner and form in which such returns may be made ; to 
 enact that in all cases of death occurring in the said city the 
 attending physician, or (in case no physician shall have at- 
 tended the deceased) a member or friend of the family 
 of the deceased, shall within such time and under 
 such penalty as the said council may determine, furnish to 
 such superintendent a certificate signed by such physician, 
 member or friend, stating the name, age, birth-place, date, 
 place of death, and the nature of the disease by which the 
 deceased came to death ; and also to pro^'^ide such other 
 means of obtaining correct and reliable statements or in- 
 formations in reference to the mortality and its causes in 
 the said city as the said council may deem necessary ; 
 
 15. To prohibit interments within the limits of the said 
 city, to compe) the taking up or removal and re-interment 
 out of, and beyo^idthe said city, of any body interred within 
 the said limits contrary to such prohibition ; provided that 
 nothing herein contained shall prevent the interment of 
 priests or nuns in Roman Catholic churches in the said city; 
 
 16. To prohibit the erection, use or working, within the 
 limits of the said city, of unhealthy, unwholesome, danger- 
 ous and obnoxious factories or establishments, and more 
 especially soap and candie factories, and factories of a like 
 nature, wherein the rendering of tallow is carried on ; and 
 to prevent the working henceforth of such establishments 
 at present existing, in the said city ; and to impose a fine of 
 one hundred dollars for the first oftience, and, in default ot 
 immediate payment of the fine and costs by the ott'ender, 
 an imprisonment not exceeding two calendar months, unless 
 the i"ne and costs shall have been paid before the expiration 
 of said dolay, and a further fine of fifty dollars per day for 
 each and every day the said offender shall continue to carry 
 on such establishment in violation of such by-law ; but 
 before compelling any person to abandon and relinquish 
 his ownership or the practice or working of any establish- 
 ments of the said nature, the said council shall be held to 
 give a notice to be signed by the said city clerk to any per- 
 son either personally or to a reasonable person »f his esta))- 
 
1874. 
 
 City of Montreal. 
 
 Cap. 51. 
 
 53 
 
 attri- 
 
 said 
 
 rment 
 
 ithin 
 
 that 
 
 Bllt of 
 
 city; 
 in the 
 
 lishment, one year before thus being compelled to abandon 
 such use or working thereof, and in the case where, aftei- 
 such notice has been given, the said factories and establish- 
 ments are disposed of by sale or otherwise in favor of other 
 parties, such disposal of the property shall not have the 
 effect to invalidate such notice, which shall remain in its 
 full force against any subsequent purchaser or holder ; 
 
 17. To compel the occupants of any unfenced lot of land Nuisanccs- 
 in the said city, or having ^itagnant or filthy water upon it, n^Inuvaler!"^* 
 or that is in any other way offensive or dangerous to the 
 
 public health, or the agent of the proprietor of siu;h lot or 
 any person having the charge of any such lot, in the absence 
 from the said city of the proprietor thereof, or in case the 
 said proprietor may not be able to be found, to properly 
 fence in the said land within such delay, and with fences 
 of such height, and of Fach material as the said council may 
 direct, and to drain off all stagnant w^ater from the said 
 land, or to remove therefrom all filthy and oliensive mat- 
 ters or things, or to fill up and properly level the same ; 
 and if there be no person in the occupation of the said 
 land, and no agent or other person representing the pro- 
 prietor of any such land, or should such proprietor or the 
 agent, occupant or other person in charge thereof, refuse ov 
 neglect to fence in, drain, cleanse, fill up or level the same, 
 when so directed by the proper officer of the council ; or 
 should the said proprietor, agent, occupant, or other person 
 be unable for want of means, or any other cause whatso- 
 ever, so to fence in, drain, cleanse, fill up or level the said 
 land when so directed, then, it may be competrait to the 
 said council, to have the same done at the cost and expense 
 of the said proprietor and to acquire thereby a special 
 mortgage on the said land for the amount so expended on 
 the same ; 
 
 18. To compel the proprietor or other person having i'nfen''e'i '"f*' 
 charge of anv lot of land in the said city, to enclose the 
 
 same ; and to regulate the height, (Quantity and material of 
 every such enclosure ; 
 
 19. To compel the owner or occupant of any tallow t»""w -hand- 
 chandler shop, soap factory, tannery, stable, sewer, or any iliakcr^A.-. 
 other unwholesome or nauseous house or place whatso- 
 ever, to cleans*' the same, from time to time, as often as 
 
 may bo necessary for the health, comfort and convenience 
 of the inhabitants of the said city ; to prohibit any person 
 from bringing, depositing or leaving in the city limits, any 
 dead body or any dead carcase, or other unwholesome or D^n.i bo.iioo 
 offensive substance, and to require the removal of any 
 such substance liable to become unwholesome, by the 
 owner or occupant of the premises on which the same may 
 be ; and on his default, to authorize the removal or des- 
 truction thereof by some city officer, and to recover the 
 
 
 ) 
 
 ■.**»« 
 
u 
 
 Cap. 61. 
 
 City of Montreal. 
 
 37 Vict. 
 
 Pigs. 
 
 Certain 
 
 Bread. 
 
 
 Milk. 
 
 expense thereof from the party refusing or neglecting to 
 remove or destroy the same ; 
 
 20. To prohibit the rearing, keeping or feeding of pigs 
 within the limits of the said city, or in such sections of the 
 said city as the said council shall determine ; 
 
 21. To authorize the seizure and confiscation of grain, 
 be^'confiSd flour, buttcr, potatoes and all other vegetables, articles and 
 if deficient in effects, Ottered for sale in the said city, for or on account of 
 weight. deficiency in measure, weight or quality, or any other good 
 
 and sufficient cause ; to regulate bakers in the said city, 
 and persons in their employ ; to regulate ihe sale, weight 
 and quality of bread to be sold or exposed for sale in the 
 said city, and to provide for the examination and weighing 
 of all bread exposed for sale, and for the seizure, forfeiture 
 and confiscation, and also the disposal after confiscation, of 
 all such bread so exposed for sale contrary to the said by- 
 laws, or that may be light or unwholesome ; and for that 
 purpose to authorize and empower proper officers or per- 
 sons to enter into bakers' shops or other places, and to stoj) 
 vehicles carrying bread, lor the purpose of examining and 
 weighing the same, and to do any other act that may be 
 deemed expedient to carry out such purpose, or to enforce 
 such by-laws ; 
 
 22. To license and regulate the sale and quality of milk, 
 to authorize i*s beinj^ seized and confiscated for violation of 
 the by-laws, to provide for the inspection of milk and the 
 manner in which the same may be disposed of after confis- 
 cation, to authorize to that effect competent officers or per- 
 sons to enter into any place where milk is sold , and to stop 
 the vehicles in which it is carried, for the purpose oF 
 having it inspected, and to adopt such other steps as may 
 be deemed expedient to carry out the object in view, the 
 whole under such conditions and restrictions as the said 
 council may deem advisable to impose in the public in- 
 terest ; 
 
 23. To regulate the sale, by weight, of stone and lime to 
 be used in the said city for building purposes ; 
 
 24. To regulate the sale by weight or measurement of 
 fire wood, coal, peat or salt, or to appoint measurers and 
 weighers of all such articles, and to establish and regulate 
 the fees to be paid to such officers, and the duties they 
 shall perform ; 
 
 25. To regulate the sale of hay and straw, and the sellers 
 thereof, and to prohibit, if deemed necessary, the sale of 
 such hay and straw in all places other than public mar- 
 kets, or such places as the said council may allot or appro- 
 priate for that purpose ; 
 
 26. To license and regulate junk stores, wherein bits of 
 biass, lead, or iron, pipes, cocks, cord, old furniture, or 
 other like articles are sold ; 
 
 Stone and 
 lime- 
 Fire wood, 
 onal, Jto. 
 
 Way and 
 straw, 
 
 Junk st<ircr. 
 
 rel 
 
 arl 
 
1874. 
 
 City of Montreal. 
 
 Cap. 51. 
 
 55 
 
 27. To establish and regulate public markets and private Markets, 
 butchers' or hucksters' stalls ; and to regulate, license or 
 restrain the sale of fresh meats, vegetables, fish or oth^r 
 articles usually sold on markets ; 
 
 28. To determine and regulate the powers and duties of cierksof 
 the clerks of markets in the said city, and of all other offi- '"'"■''«''• *«• 
 cers employed by the said council on any of the public 
 markets ; to let the stalls and other places for selling or 
 exposing to sale any kind of meat or provisions ; to impose, 
 regulate, fix and determine the duties to be paid by any 
 person selling or retaihng on any of the said markets, any 
 provisions, vegetables, butchers' moat of any kind, grain, 
 
 ibwls, hay, straw, or any other thing whatever ; to regulate 
 the conduct of all persons buying or selling in or at any of 
 the said markets ; and to provide for the weighing or mea- 
 suring, as the case may require, at the instance of any party 
 interested, by any officer to be named for that purpose by 
 the said council, and on the payment of such fees as the 
 said council may think fit to impose in that behalf, of any 
 thing or things sold or offered for sale in or at any such 
 market ; 
 
 29. To regulate vehicles in which any articles shall be VohicUs un 
 exposed for sale in any public market, or in any street or'""''®'** 
 public place, in the said city, and to impose a duty on such 
 vehicles, and establish the mode in which such duty shall 
 
 be collected and paid ; 
 
 30. To regulate the duties, powers and attributions of inspectors of 
 the inspectors of meat, and to authorize the seizure and "''*'■ 
 confiscation and the disposal after confiscation of any meat, 
 
 fish or other article of food found to be unwholesome ; 
 
 31. To order that all kinds of live stock and all kinds of Li>vo stock. 
 provision and provender whatsoever, usually bought and 
 
 sold in public markets, that may be brought lO the said 
 city for sale, shall be taken to the public markets of the said 
 city and there exposed ; and that neither the said live 
 stock nor the said provisions or provender, shall be offered 
 or exposed for sale or be sold or purchased elsewhere in 
 the said city, than on the said public markets; but the said 
 council may, if they deem it advantageous, by a by-law to 
 be passed for that purpose, empower any person to sell, 
 offer or expose for sale, in any place beyond the limits of 
 said markets or market stalls of the said city, meat, vege- 
 tables and provisions usually bought and sold on public 
 markets, upon such person obtaining a license for that pur- 
 pose from the said council, for which he shall pay to the 
 city treasurer such sum as may be fixed by such by-law 
 and by conforming with the rules and regulations contain- 
 ed in the said by-law ; 
 
 32. To impose a duty on all private marts in the saidPrirate maits. 
 city, or that may hereafter be established therein, for the 
 
 « ^ 
 
 ) 
 
56 
 
 Cap. 51. 
 
 City of Monlrial, 
 
 HI Vict. 
 
 Chunf;c of 
 market sites. 
 
 Slaiiglitur- 
 houscs. 
 
 hi 
 
 sale of cattle, provision, or provender, or of anything else 
 whatsoever that is usually sold in public markets, with 
 power to rej^ulate and fix the said duty as regards each 
 particular mart, as the said council may see lit ; 
 
 33. To change the site of any market or market-place 
 within the said city, or to establish any new market or 
 market-place, or to abolish any market or market place now 
 in existence, or hereafter to be in existence in the said city, 
 or to appropriate the site thereof, or any part of such site, 
 I'or any other public purpose whatever ; saving to any 
 party who may feel aggrieved by any act of the said council 
 respecting any such market or market-place, any remedy 
 such party may, by law, have against the corporation of the 
 said city for any damage such party may have sustained by 
 reason of such act ; 
 
 34. To establish, regulate and administer public slaugh- 
 ter-houses, either within or beyond the city limits, that is 
 to say : within a distance of three miles from the limits of 
 the said city ; 
 
 Public pounds. 35. To establish as many pounds, and in as many different 
 places in the said city, as may be deemed expedient for 
 the impounding of horses, horned cattle, sheep, goats and 
 hogs which may be found astray ; and to fix a taritt" of fines 
 and rates to be paid at such pounds, in lieu of theiines and 
 rates now^ paid at the same ; 
 
 36. To authorize the distraining, impounding of any cat- 
 tle, horse, swine, sheep, or goat, found running at large in 
 the streets or public places of the said city, and the sale of 
 the same for the penalty incurred, and cost of proceedings, 
 as well as the expense of their keeping ; to regulate and 
 prevent the running at large of dogs in the streets or public 
 places, and to authorize tlie destruction of all mad or vi- 
 cious dogs ; to punish every person who shall keep, or 
 have in his possession a vicious dog, biting or attacking the 
 passers by, or disturbing the tranquillity of the citizens ; 
 
 37. To control, regulate, repair, or alter the streets, parks, 
 squares, biidges or drains, in the said city, and to protect 
 the same from any encroachment or injury, and to close 
 and discontinue any street in the said city, if deemed advi- 
 sable in the interest of the public ; to change the level of 
 sidewalks in any street of the said city when the said coun- 
 cil shall deem it necessary ; saving however to any pro- 
 prietor who may feel aggrieved by such change of level in 
 front of his property any remedy he may have therefor 
 against the said corporation ; 
 
 38. To prohibit and punish the Hying of kites and every 
 other game, practice or amusement in the streets or public 
 places in the said city having a tendency to frighten horses, 
 or to injure or annoy persons passing in or along the high- 
 w'ays of the city, or to endanger property ; to compel 
 
 Cattlo 
 :tt large 
 
 unniiitr 
 
 Do, 
 
 To rej;iilatc 
 ftrcct!. 
 
 FIjriiigof'kiteF. 
 
 ' I 
 
18'74. 
 
 City of Montreat. 
 
 Cap. 51. 
 
 57 
 
 t'very occupant of a house or buildinjv in the »aid city to re- 
 move the snow and ice from the roof and on the footpath 
 in fiont of such house or building, and to punish him if he 
 refuses or neglects so doing- ; to prevent the encumbering 
 of any r^treet, sidewalk or public square v^ith any vehicle, 
 lumber, firewood, building material or other article or ma- 
 terial whatsoever ; to license, regulate or prohibit the sale 
 or pedlary of fruits, nuts, cakes, refreshments, bread, 
 jewellery, and merchandise of all kinds, in and upon, or 
 along the wharves, streets, sidewalks, alleys, and public 
 squares of the city ; 
 
 39. To determine the direction of all natural water cour- 
 ses passing through private property in the said city, and 
 to regulate all matters concerning the same, whether the 
 said water courses be covered or not ; 
 
 40. To regulate the planting, rearing and preserving of 
 ornamental trees in the streets, squares, parks, and high- 
 ways of the said city ; and to compel any proprietor in the 
 said city, to plant trees in front of his property, under the 
 direction of the city surveyor, and to authorize the city sur- 
 veyor to cause such plantation to be made, and to exact the 
 cost thereof from such proprietor in case the latter shall 
 refuse or neglect to comply with such order of the city 
 surveyor ; 
 
 •41. To regulate the width of streets in the said city, and 
 to establish or alter the level of the road-way of any street 
 or highway in the said city, w^hen deemed advisable in the 
 interest of the city ; 
 
 42. To regulate the sewerage of the city, and to assess 
 proprietors of real estate to such amount as may be neces- 
 sary to defray the expenses of making any common sewer 
 in any street of the city, in which such proprietors own 
 property, and for regulating the mode in which such assess- 
 ment shall be made, collected and xmid ; 
 
 43. To require the removal of any door-step, porch, rail- 
 ing or other projection into, or obstruction in any street in 
 the said city, by and at the expense of the proprietor of the 
 real property, in, or on which such projection or obstruction 
 shall be found ; 
 
 44. To pull down, demolisli and remove, when necessary, 
 any old, dilapidated or ruinous wall, chimney or building 
 that may endanger the public safety ; and to determine the 
 time and manner in which the same shall be pulled down, 
 demolished or removed, and at whose expense the same 
 shall be done ; 
 
 1 5. To sanction and permit, under such conditions, charges 
 and restrictions as the said council may impose, the track of 
 any street railway or other railway, to be laid in, or along 
 any street r>r public ground ; to regulate the use of locomotive 
 engines, and of the steam, or any other motive power on 
 
 8 
 
 Removing v( 
 snow. 
 
 EnLniiiiborinj 
 itreetij. 
 
 Pelting of 
 fruit, ic. 
 
 Water course.'. 
 
 I'lantiui; ot 
 trees. 
 
 
 Willi ii ana 
 level of streets. 
 
 Drainage 
 
 Door sic]is. 
 
 OKI \v.ills. 
 
 Railway 
 tracks. 
 
6a 
 
 Cap. 51. 
 
 City of Montreal 
 
 37 Vict. 
 
 Fire depart- 
 inent 
 
 Poiiiolition oi' 
 buildings at 
 fires. 
 
 Buildings — 
 mode of con- 
 struction. 
 
 lD.«pector of 
 buildings. 
 
 Chimneys. 
 
 Se))a>'n'„ion 
 wall!<. 
 
 Insiioctor of 
 buildings may 
 visit ])remiseB. 
 
 any and every portion of railway in the city, and to pre- 
 scribe, and regulate the speed of cars upon e\rery part of such 
 railway ; and to impose a penalty not to exceed four hun- 
 dred dollars, upon the company managing any such railway, 
 or any of their servants, for each and every violation of any 
 such by-law ; 
 
 46. To regulate the fire department and to appoint all 
 officers and men necessary for the prevention of accidents 
 by fire, the suppression of, and the protection of property 
 at fires ; to control all persons present at fires, and to pre- 
 vent thefts, depredations, and loss of property at the same ; 
 and to punish any person who shall ill-use, or in any way 
 interfere with any member of the lire brigade in the execu- 
 tion of his duty ; , 
 
 47. To cause to be demolished and removed all buildings 
 and fences which shall be deemed necessary to be demolished 
 or taken down in order to arrest the progress of any fire ; 
 
 43. To regulate the mode to be followed, and the mate- 
 rial to be used in the erection or repair of any house or 
 building in the said city, in order that the same may be 
 made in a manner adapted for the security thereof against 
 fire as well as for the safety of the occupants, with power 
 to impose the penalty hereinafter provided, on the proprie- 
 tor, builder or person in possession of such house or build- 
 ing thus erected or repaired in contravention of such by- 
 laws ; 
 
 49. To prescribe and define the duties and powers of the 
 inspector of buildings, in reference to such houses or build- 
 ings ; 
 
 50. To regulate the construction, dimensions, height and 
 elevation of chimneys, and, where any house or building is 
 elevated above any other house or building to which it may 
 adjoin to determine, by whom, at whose cost, in what 
 manner, to what height, and within what delay the chim- 
 neys of the less elevated house or building shall be raised 
 so as not to endanger the adjoining or neighbouring property 
 and to prevent all hazard of accident or loss by fire, and 
 also to regulate the height of the chimneys of factories so as 
 to render such factories as little injurious as possible to the 
 health and comfort of the citizens ; to require and enforce 
 the erection of separation walls of stone or brick wherever 
 deemed necessary between lots of lands belonging to dif- 
 ferent proprietors in the said city, and of such height and 
 thickness as the said council may deem expedient ; 
 
 51. To authorize the inspector of buildings, and such 
 other officers as may be appointed by the said council for 
 that purpose, to visit and examine as well the interior as 
 the exterior of any house or building, in the said city, for 
 the purpose of ascertaining whether the same is in all re- . 
 spects according to law, and to compel the proprietor or 
 
1874. 
 
 City of Montreal. 
 
 Cap. 51. 
 
 occupant of such house or building to admit such officers 
 into the same ; 
 
 52. To authorize the inspector of buildings to demolish 
 any house or building that may endanger the lives of the 
 citizens in the said city, to cause such house or building to 
 be temporarily vacated if deemed necessary by the said 
 inspector, and to do and perform such work or repair that 
 the said inspector may deem necessary to ensure the safety 
 of such house or building, and to recover the cost of such 
 work or repair from the proprietor ; 
 
 53. To cause all chimneys in the said city to be swept by 
 licensed sweeps in such manner, at such times, and so often 
 as shall be determined by the said council, and to establish 
 a tariff of the rates to be paid to such licensed sweeps for 
 the sweeping of chiraiieys ; 
 
 54. To compel all proprietors, tenants or persons owning 
 or using engines, steam boilers, factories, chemical works, 
 or other workshops or establishments, within the limits of 
 the said city, to provide the said establishments with the 
 necessary apparatus to consume the smoke and gas escap- 
 ing therefrom, so as to effectually remove and ;.bate any 
 nuisance arising from the working of such establishments ; 
 and to impose by such by-law a fine of one hundred dollars 
 for the first offence, and in default of immediate payment 
 of the said fine and costs by the offender, an imprisonment 
 not exceeding two calendar months, unless the fine and 
 costs shall have been paid before the expiration of said 
 delay, and a further fine of fifty dollars per day for each 
 and every day the said offender shall continue to carry op 
 such establishment, in violation of such by-law ; 
 
 55. To prohibit, if deemed necessary, the erection, use or 
 employment in the said city of any steam engine, steam 
 boiler, soap and candle or oil factory, slaughter-house, 
 dyeing establishment or other factory or establishment 
 wherein any works or processes are carried on, having a 
 tendency to endanger property, or to affect or endanger the 
 public health or safety; and the said council shall have 
 power to permit such erection, use or employment, subject 
 to such restrictions, limitations and conditions as the said 
 council may deem necessary, and also to provide for the 
 inspection and supervision of such steam-engines and steam- 
 boilers ; 
 
 56. To regulate or prevent, within the limits of the city, 
 the storage of petroleum, coal-oil, or other explosive or 
 inflammable substances of a like nature ; 
 
 57. To prohibit the sale and use of fire-crackers, and 
 other explosive missiles made of powder ; 
 
 58. To compel all persons who intend to erect, use or 
 employ or who occupied oc used before the passing of this 
 act, or who now occupy or use, within the limits of the 
 
 Unsafe build- 
 ings miiy ho 
 duiiioli.'<lic<i. 
 
 Chimney 
 sweeping. 
 
 Factories to 
 consume their 
 own smolte. 
 
 Penalty. 
 
 
 Steam en- 
 gines, soap 
 factories, Ac. 
 
 Coal oil 
 
 F.re-crackers 
 
 Lumber yards, 
 saw mills, <bu< 
 
CO 
 
 Cap. 61, 
 
 City of Montreal 
 
 37 Vict. 
 
 PenaU/, 
 
 
 folioc fiii'fic. 
 
 Carter?. 
 
 ir resident 
 (iiitsiile the 
 eilv. 
 
 said city, any yard or vacant lot, for the storage of lumber, 
 timber, firewood, laths or shingles, or to erect and use, or 
 who occupied or used before the passing of this act, or who 
 occupy or use, any saw and planing mill, cari)enter or 
 joiner's shop, or other building or establishment wherein 
 wood or other like combustible materials are kept and used, 
 to obtain the previous sanction of the council of the said city, 
 with power to the said council to grant or refuse such per- 
 mission, as may be deemed advisable : and the said council 
 shall have full power and authority to Jix and determine 
 the place within the limits of the city where such wood- 
 yards, mills, work-shops or other buildings, or esta})lis]i- 
 ments, wherein wood or other like combustible materials 
 are kejt, may be located and used, and to make sucli rules 
 and regulations in reference thereto, as \x e said council may 
 deem necessary or expedient : and the penalty for any vio- 
 lation of the said bv-lcl^v shall be Ihe same as that im])Osod 
 by sub-section iifty-four oi the i>resent section ; provided 
 always, tluit nothing in ihe present section shall liave the 
 clfect to deprive any interested party of luiv right or interest 
 which he i.iay have at common law, and that such ])y-law 
 shall require to be passed by a majority of *^he members 
 composing the said council ; 
 
 51). For the governing, rt^gulating, arming, clothing, 
 lodging and paying of the men and officers of the consta- 
 bulary force of the sa'd city, and for regulating the re- 
 sidence, classification, rank, service, inspection and distri- 
 bution of the said force, so as to ensure the utmost efficiency, 
 and prevent any neglect of duty or abuse of power on the 
 part of the members composing such force ; 
 
 60. To authorize and regulate the granting of licenses to 
 carters, owners or drivers of public vehicles for hire, or to 
 owners of vehicles used in the said city for the delivery of 
 meat, bread, goods, effects or merchandise ol any l^ind 
 whatsoever; for the good government and disciphne of 
 the owners and drivers of such public vehicles for hire ; 
 to fix a tariff of rates and charges for the same ; and to 
 make all such owners responsible for the misconduc' or 
 negligence of their servants or drivers, having charge of 
 their horses or vehicles, and liable to the same penalty §s 
 may be imposed by any such by-law upon such servants 
 or drivers, the actual offenders : 
 
 61. To compel any butcher, baker, huckster, pedlar, 
 carter, trader or manufacurer, residing without the city 
 limits, but carrying on his trade or business within the 
 limits of the said city, to take out a license ar .1 number for 
 any vehicle used for the purposes of such trade or busi- 
 ness ; which said license and number the said council are 
 empowered to issue, and charge such rate therefor as may 
 be fixed upon by the said council ; provided that nothing 
 
1874. 
 
 Ciitf of Montreal 
 
 Cap. 51, 
 
 01 
 
 rontained in thin sub-section shall have the effect to deprive 
 carters residing in any adjoining municipality from any 
 right or privilege conferred upon thera by law ])elbre the 
 l)asHing of this act ; 
 
 02. For restraining, naling and governing apprentices, Appremicc*. 
 domestics, hired servants or journeymen, and to regulate 
 
 the conduct of masters or mistresses tovi'ards thv ir appren- 
 tices, domestics, hired servants or journeymen ia the said 
 city; 
 
 03. For the government of persons plying as I'errymen, f^'O'nen. 
 to the said city, and to establish a tariff of lees to be taken 
 
 by such ferrymen ; 
 
 04. To regulate the management of the water works, ^^"*" '^"'■'*''- 
 aqueduct, reservoirs, and other works connected therewith, 
 
 and for the maintenance of order and cleanliness on the 
 said works ; 
 
 05. For lighting the said city, or any part thereof by gas LigJ'ting. 
 or otherwise ; 
 
 06. To define and prescribe the duties and attributions ol ^'"y f^^^" 
 the city auditor, the city surveyor, the inspector of build- 
 ings, clerks of markets, and other officers of the said council ; 
 
 134. The said council, by any by-law which it may P"""^")- 
 make by virtue of the provisions of the preceding, or any 
 other section of this act, may, for the punishment of each 
 and every infraction of any such by-law, impose either a 
 line with costs, or imprisonment, or a line, and in deftuilt 
 of immediate payment of said fine and costs, an imprison- 
 ment , and the said council may leave it to the discretion 
 of the recorder's court to determine the amount of such 
 fine and the term of imprisonment ; but such hue shall not 
 exceed forty dollars, and the imprisonment shall not be for 
 a longer period than two calendar months, except in cases 
 where it is otherwise provided in this act. 
 
 l!j*>. The said council may, by any such by-law, autho- Officers 
 rize any or its olncers, or any otncer or constable ol Llie enter imii.i- 
 police force to enter any house, building, yard or other '"«»• 
 premises in the said city, to ascertain if any infringement of 
 the lows or by-laws now in force, or which may hereafter 
 be passed by the said council, is being therein committed, 
 and the said council may by such by-law impose a penalty, 
 as herein before provided, on all j^ersons who shall refuse 
 to allow such officer or constable to enter any such house, 
 building, yard or premises as aforesaid, or shall in any way 
 resist or interfere with the said officer or constable in the 
 execution of his duty. 
 
 136. A copy of every by-law to be made by virtue of JJ^^,"|||'.]*j^^5",^'^*' 
 this act, shall be transiaitted with all convenient speed, ueutlgrv ." 
 
 
 M 
 
62 
 
 Hnd may bo 
 diKalloweil, 
 
 By-laws to be 
 l>ublifi laws. 
 
 Cap. 61. 
 
 Cilij of Montreal. 
 
 37 Vict. 
 
 after the making thereof, to the lieutenant-governor of this 
 province, and it shall be lawful for the said lieutenant- 
 governor, by and with the advice of the executive council 
 of this province, within three months from and after the 
 receipt of such copy, to disallow any such by-law ; and 
 such disallowance shall, without delay, be signified to the 
 mayor of the said city, and thenceforward such by-law 
 shall be void, and of no eti'ect ; provided also, that all by- 
 laws repugnant to any law of the land, or to any act of the 
 legislature of this province, shnll be null nnd void. 
 
 V27. The by-laws of the said council shall be held and 
 taken to be public laws within the limits of the said city ; 
 and as such shall be judicially taken notice of by all judges 
 and other persons whomsoever without being specially 
 pleaded. 
 
 THE recorder's COURT. 
 
 Court estab 
 liahoJ. 
 
 
 I9H. 1, There shall be a court of record in the said city, 
 to be called the " Recorder's Court of the city of Montreal ;" 
 By whom hold. 2. The said court shall be held by the recorder, to be 
 appointed as hereinafter provided. 
 
 Its Jiirisdio- 
 tion. 
 
 Citv taxoa. 
 
 Mar'tet duos. 
 
 Wafer rntf*". 
 
 139. ]. The said court shall have exclusive jurisdiction 
 over, and shall hear and determine summarily : 
 
 2. Any action brought by the corporation of the said city 
 for the recovery of any sum of money due to the said cor- 
 poration for any lax, assessment, impost (>r duty whatsoever 
 legally imposed by any by-law or resolution now in force 
 in the said city, or tiiac may hereafter be passed by the 
 council of the said city ; 
 
 3. Any action for the recovery of any sum of money due 
 to the said corporation for the rent, use, or occupation of 
 any butcher's or huckster's stall, or other stall or stand 
 whatsoever in or upon any of the public markets or else- 
 where in the said city, in virtue of any by-law now in 
 force, or to be hereafter passed by the council of the said 
 city ; or for any tax, duty or impost now, or to b-^. hereafter 
 imposed and levied ir and upon the public markets or 
 private butcher's stalls in the said city ; 
 
 4. Any action for the recovery of any water rate or any 
 sum of money whatsoever that may be due and payable to the 
 said corporation for any sapply of water given or furnished 
 from the Montreal w^ater works, to any house or building, 
 or given or furnished to or foi* the use of J»!iy person in the 
 said city ; or for the introduction of any pipe or pipes from 
 the said works into any house or building in the said city, 
 or the enlarging, extending, repairing, altering, removing 
 or changing of any such pipe or pipes, in such house or 
 building, or at the instance or for the use or benefit of any 
 person in the said city ; 
 
wv. 
 
 City of Monlreat 
 
 Cap. 61. 
 
 63 
 
 6, Any action for the recovery ol' wages or pay servants, sorv»nti' 
 jouri e/nien or labourers employed by the day, the amount"'*"" 
 of w liich shall not exceed twenty-live dollars. 
 
 130. 1. The said recorder's court shall also have summa- Leases „r 
 ry jurisdiction in cases of lease, use, and occupation of stalls, *'*"'■ 
 markets, cattle stands or other immovable property of the 
 
 said corporation for the recovery of the rent or of the sum 
 due to the said corporation for the use and occupation 
 thereof; 
 
 2. And the said court and the said recorder shall have Jurisaictun. 
 and exercise for this purpose, all the pow crs and jurisdic- 
 tion granted in this respect by law to the superior or circuit 
 courts, or to the judges thereof; 
 
 3. The said recorder's court shall also have concurrent Lessors and 
 urisdiction with the circuit court, or with any judge of '"""• 
 
 the superior court in the district of Montreal, as to matters 
 between lessors and lessees, and may act in virtue of the 
 act of the consolidated statutes for Lower Canada, chapter 
 forty, intituled : An act concerning^ lessors and lessees, and 
 of the legislative provisions amending the same, in the same 
 manner and with the same formalities as the said circuit 
 court, or any of the judges of the said superior court, is di- 
 rected to proceed in and by the above last cited act, as 
 regards the ejection of the lessee for committing waste upon 
 the premises or part of the premises leased, or for refusing or 
 neglecting to pay his rent or any part of his rent, or for using 
 the premises leased, contrary to the intent for which they 
 were leased, or because the term of his lease, either writteii, 
 verbal, or presumed, is expired ; and the said recorder's 
 court shall have and possess, to that end, all the necessary 
 powers and authority including that of issuing writs of 
 summons, execution and possession, and to fix and deter- 
 mine the costs to be paid by the losing party, which costs 
 however shall not include any attorney's fees ; provided Proviso. 
 always, that the competence of the said recorder's court shall 
 be limited to cases w^here the consideration or annual value 
 of the property occupied shall not exceed the sum of one 
 hundred dollars, and which shall apply to premises or real 
 estate situate within the limits of the said city ; and the law Law sia ui.s. 
 stamps which would require to be affixed to proceedings 
 of the nature of those mentioned in this sub-section in the 
 circuit court, shall be affixed to such proceedings before the 
 recorder's court. 
 
 131. 1. The said court may take cognizance of and de- Offences 
 termine in a summary manner, all ofteiices against the i^g.c! s!''"^' 
 provisions of the act chapter one hundred and two of the l. c. 
 consolidated statutes for Lower Canada, in so far as the 
 provisions of the said act are applicable to the said city , and 
 
 also; 
 
 
 11 
 
 l! 
 
 (1 
 
 n 
 
§# 
 
 Cup. 61. 
 
 Citfy of MoHlreat 
 
 37 Vict. 
 
 Finti. 2. Any suit for the recovery ol' fiiieN or penalties im- 
 
 posed in virtue of any act or l)y-law now in force in the 
 Haid city, concerning the markets in the sftid city, or any 
 suit for the recovery of any line or penalty imposed by this 
 act or by any by-law of the said council, now, or to be 
 hereafter in force, and incurred for any infraction of the 
 provisions of such act or by-law. 
 
 ia«. 1. The articles 2, 3, 4, 5, 7, 8, 10, 11, 18, 24, 64, 55, 
 
 67, 59, tiO, 01, 62, 03, 64, 65, 66, 67, 68, 6!», 70, 71, 72, 74, 76, 
 7 7 9, 80, and the articles from 616 to 631, inclusively, of 
 theCode of civil procedure of Lower Canada, as amended 
 by subsequent acts, shall apply, mutatis mutandis as ihe 
 case may be, to the recorder of the said city and to the 
 said recorder's court ; 
 Koiivy <.r mill- 2. The delay of summons in the case of seizure by gar- 
 uiuiiM, nishment after judgment {saisie arr^l apres jup;ement) shall 
 
 be the same as thai in ordinary civil actions issued by the 
 recorder's court. ■« 
 
 iirtielcM (if llio 
 eo<lo ofjint- 
 i'oilar« »|i|ili ' 
 cttblr. 
 
 
 .-iiitiiijjs ol the 1351. The said court shall, for the purposes aforesaid, be 
 court. |j^,i(i fj.Qy^ time to time, as occasion may require, in the city 
 
 hall, or in such other place in the said city as shall be set 
 apart for the purpose, by the council of the said city. 
 
 Tbo rocoriltir 
 
 IJ't^ salary. 
 
 Affiy !i]i]iuiiit 
 a do|iiity. 
 
 His jiowors. 
 
 134. 1, The recorder shall be a barrister of the province 
 of Quebec, of at least live years standing, and shall be ap- 
 pointed by the crown during pleasure ; he shall be ex ojlido 
 a justice of the peace in and for the district of Montreal ; 
 
 2. His salary shall not be less than two thousand dollars 
 per annum, and shall be payable monthly out of the funds 
 of the said city ; ,- 
 
 3 The said recorder may, from time to time, by an in- 
 strument in writing under his hand and seal, to be depo- 
 sited and registered in the office of the clerk of the said 
 recorder's court, appoint some lit and proper person, being 
 an advocate of the said province, of not less than five years 
 standing, to be and act as his deputy in the event of his ill- 
 ness or necessary absence from the city, and any such 
 nomination and appointment may, from time to time, be 
 revoked, and again made by such recorder, as circumstances 
 may seem to require ; 
 
 4. Every person so appointed shall, for and during the 
 lieriod of time limited in the instrument containing his ap- 
 pointment, or if no period of time be therein limited, then 
 from the date of the registration thereof as aforesaid, until 
 the revocation thereof, have, hold, use, occupy, possess and 
 enjoy, and be vested with all and every the jurisdiction, 
 rights, powers, privileges and authority, and be bound to 
 discharge all the duties of the recorder for the said city, to 
 
1874. 
 
 City of Montreal. 
 
 Cup. .31. 
 
 00 
 
 iin- 
 thc 
 
 tue exclusion, for the titno beiiii^, ol the pt»rsou so nominat- 
 ing and appointing? him as alorosaid; providtjcl, ncvcrthe- '''■"^'''"" 
 loss, that the said recorder's court shall not at any time ho 
 deemed to have been illegally held, nor shall llm acts oi 
 any deputy-recorder oi' the said city be deemed invalid, by 
 reason of the absence of the recorder not boin«^ deemed to 
 be necessary within the meaning of this act ; 
 
 5. In case of the death of the recorder, the said deputy i" ''"'"',"•' 
 shall act as such until the lieuteiumt-governor shall hav«' r,'.',!!!rli"j. 
 appointed a recorder in accordance with the law. 
 
 13^. 1. The clerk of the said recorder's court shaU be Tin- .iiik or 
 appointed by the council of the said city, durini>- i)leasure ; "'" "■'"• '• 
 
 2. The person so appohited shall be a barrister of the 
 province of Quebec ; 
 
 3. The said clerk may, from time to time, by an instru- Mny iii.|M,i,i( n. 
 inent under his hand and seal, to be acknowledged by him ''''i""> • 
 before the recorder, and duly deposited and iiled in th(^ 
 
 office of the said recorder's court, and entered in the regis- 
 ter thereof, appoint one lit and proper person, to l)e and act 
 as his deputy in the discharge of all and every his dutit»s as 
 clerk of the said recorder's court, and remove any person 
 so appointed, and appoint another in his stead ; 
 
 4. So long as he holds office, the said deputy shall fullil ""^'''^ '"i 
 all the duties, and shall be invested with all the powers !ii!pi'i,'v.''' 
 imposed or conferred by this act, on the clerk of the said 
 court. 
 
 130. 1. The clerk of the said court shall prepare and '^"^i'^■''"''l•^^ll«■ 
 make out all the summonses, orders, writs and warrants 
 whatsoever, which shall Vje issued by the said court ; 
 
 2. He shall conduct, in behalf and in the name of the ikmi. 
 plaintiff's or prosecutors, when such plaintiffs or prosecu- 
 tors are the corporation of the said city of Montreal, all 
 cases and suits cognizable by and within the Jurisdiction 
 
 of the said court, except in cases where the said corpora- 
 tion shall deem it expedient to appoint an attorney, or to 
 associate him with counsel ; 
 
 3. The said clerk and his deputy, shall respectively take, Oitii oi .,ni,,. 
 an oath of office before the said recorder's court ; and the ,j|.p,lt'/' '""' 
 said oath shall be inscribed on the back or other part of 
 
 the document appointing such clerk or deputy clerk ; 
 
 4. He shall enter daily, and in a succnict manner, in a ii<'g'-^i' i ^i 
 register, which shall be kept for that purpose, the proceed- '"""'" '"** 
 ings had in each cause or complaint brought in the said 
 
 court ; 
 
 5. It shall not be necessary for the clerk of the said court wimt ro.oi.i 
 to enregister at full length the proceedings, judgments and^[ ijj';^'||',^.''i"«'* 
 convictions of the said court, but a roll only of the said 
 judgments and one of convictions shall be duly kept by the 
 
 i) 
 
 
66 
 
 Cap. 51. 
 
 City of Montreal. 
 
 87 Vict. 
 
 said clerk, wherein shall be set forth in the iirst case, the 
 name of the defendant, the nature of the debt, and the date 
 of judgment ; and in the second the nature of the offence, 
 the penalty, and the date of conviction, and the notes of 
 proceedings noted in the original summons or plaiiit shall 
 Proviso : be sufficient evidence thereof ; provided, that in cases when 
 the defendant requests, prior to the hearing of the case, to 
 have the proceedings entered as heretofore, the above pro- 
 visions shall .?ot apply ; 
 In case of 6. In the event of the death of the said clerk, the deputy 
 
 death of oiork. q\qj.\^ ^\i2i\\. continue to act assuch, until another clerk shall 
 have been appointed by the council. 
 
 Formofwriu. 137. Every summons, order, writ or warrant of any 
 nature whatsoever, issued, out of, or by the said court, shall 
 run and be in the name and style of Her Ma,jesty, her 
 heirs or successors ; they shall be signed by the clerk of 
 the said court. 
 
 tain casos. 
 
 t.;. 
 
 •;^: 
 
 Written com- 138. ] . In all cascs tried for drunkenness, or where a 
 quTsitelrfcer- P^^'son snall be arrested on view by a police constable of 
 the said city for an offence against the provisions of the 
 act chapter one hundred and two of the consolidated 
 statutes for Lower Canada, or of any act amending the same, 
 or of this act, or of any by-law now in force or which 
 shall be in force in the said city, it shall not be ne- 
 cessary that the complaint be reduced to writing ; but a 
 verbal complaint, under oath, made before the said recor- 
 der's court by the constable who shall have arrested such 
 person, shall be deemed a sufficient complaint; 
 
 2. If such person demand that the complaint be reduced 
 to writing, the said court shall direct the clerk of the said 
 court to reduce the said complaint to writing. 
 
 To be written 
 if required. 
 
 Summoning 
 ofToLders. 
 
 Sorvioe rf 
 BummouB. 
 
 13©. The said court may, by writ as aforesaid, summon 
 any person accused of any offence against the provisions of 
 any act or by-law, rule or order, as aforesaid, or from whom 
 any sum of money is claimed for any of the causes afore- 
 said, and such writ of summons shall set out the grounds 
 of the action or complaint, in a succinct and explicit manner, 
 and shall be served upon the defendant by a bailitt" or 
 constable as hereinafter provided, by leaving a certified 
 copy of such writ, either with the defendant personally, 
 or at his domicile, speakirg to some grown member of the 
 family of the said defendant ; but no service shall be valid 
 after five of the clock in the afternoon. 
 
 Delay. 140 In any civil action there shall bo an interval of at 
 
 least two clear days between the service of the writ of 
 summons and the day of its return into court, 
 
1874. 
 
 City of Montreal. 
 
 Cap. 51. 
 
 67 
 
 141. 1. If any person summoned to appear before thei>«fa"itto 
 said court, either for any debt or claim, or for the commis- *pp®"- 
 sion of any otFence, as aforesaid, does not appear either in 
 person .or by his attorney, then, upon proof of the service 
 of the summons, proceedings by delault shall be taken 
 against such person, and upon proof by the plaintiff of the 
 allegations of the action or complaint, the court shall render 
 the proper judgment in the matter, with costs ; 
 
 2. If the defendant appears, Ihe court shall cause the if defendant 
 piea put in by him to the action or complaint to be entered ; "PP®*"* 
 
 it shall hear the witnesses produced by the parties, and 
 shall decide in conformity to law and justice ; 
 
 3. If the defendant confesses jadgment, either in person jj,°jg^g^° °' 
 or by attorney, the court, if the confession of judgment be 
 accepted by the plaintiff, shall cause judgment to be 
 entered in conformity with such confession ; in case of pro- 
 secution or complaint for any offence against the provisions 
 
 of any act or by-law as aforesaid, if the defendant pleads 
 guilty, the court shall declare the defendant convicted ; 
 
 4. The said court may grant a delay of not more than ^^'^^ •"> ""o* 
 two months to any defendant who confesses judgment after 
 
 the return of the action brought against him. 
 
 143. The said court shall have power to compel wit- SummoniDg 
 nesybs to appear in any action, prosecution, or complaint °^ ^^'*°°''"''' 
 jiending before the said court, and answer all legal ques- 
 tions put to them in the same manner as is done in the 
 ordinary courts of civil jurisdiction in this province. 
 
 143. 1. The said court may permit and require inlerro- ^"ii»^ 
 gatoires sur fails et articles, or the serment decisoire or jiidi- 
 ciaire to be put to any party to a cause, in all cases in 
 which such interrogatories or oaths are allowed by law in 
 
 the ordinary courts of civil jurisdiction in the province of 
 Quebec ; 
 
 2. The court shall also have power to compel the execu- Execution 
 tion of any writ, order, warrant, or summons issued as^"^""' 
 aforesaid, by the said court, and to that end it shall be 
 invested with all the powders and authority enjoyed in that 
 respect by the ordinary courts of civil jurisdiction in the 
 said province of Quebec. 
 
 144. In any civil action, the said court shall, as regards Evidence* 
 the admissibility of oral testimony, and the competency and 
 
 the number of witnesses, follow the rules prescribed in 
 that respect by the law, in relation to civil matters, subject 
 however to the following provisions. 
 
 143. 1. L^ any civil action or proceeding, or in any po- wj^^njay b« 
 secutiou or co.Tiplaint for any offence committed against ""' °""'' 
 
 I 
 
 .31 
 1 
 
08 
 
 Oiih of Olio 
 »vii:iO!ji fif' 
 ciciit. 
 
 Cap. 5l. 
 
 Cit?/ of Montreal. 
 
 37 ViCf . 
 
 any by-law of the said city, or against the provisions of any 
 of the acts hereinbefore cited, any member of the council of 
 the said city, or any employee, officer or servant of the said 
 corporation, shall be a competent witness ; provided he 
 has no direct interest in the result of such action, prosecu- 
 tion or complaint, or is not incompetent from any other 
 cause ; 
 
 2. Any assessment, tax, 'Uity or sum of money due to the 
 said corporation, as aforesaid, or any penalty or fine which 
 may be claimed or sued for in the said court, shall be recov* 
 erable on the oath of one competent witness, and any per- 
 son accused in the said court of any oifence within the cog- 
 nizance of the said court, may also be condemned on the 
 dath of one credible witness. 
 
 
 iMaiiiti'iian.'c 
 ol" order. 
 
 Biiiliffl. 
 
 is^otosof 141?. The deposition of the parties or of the witnesses, 
 
 cvi enoe. \)q{\i ji^ cjyji cascs and in cases of complaint or prosecution 
 for offences as aforesaid, shall not be reduced to writing. 
 
 147. The said court shall cause order to be maintained 
 during its sittings, and may punish by line or imprison* 
 ment, any person gltilty of contempt of the said court, du* 
 ring the sittings and the presence of the said court. 
 
 UH. 1. The council of the said city shall appoint, from 
 lime to time, by resolution, a sufficient number of persons 
 competent to fulfil the duties ofbailiftsof thesaid recorder's 
 court, and the said council may dismiss such persons at 
 any time, and appoint others in their stead ; 
 
 '2. Upon such appointments being made, the mayor of 
 the said city s^hall issue commissions appointing such per- 
 sons bailiff's of the said court, under the seal of the city, and 
 signed by himself and by the clerk of the said city ; 
 
 3. Every such bailiff" shall take an oath of office in the 
 said recorder's court ; 
 
 4. lilvery such bailiff, the bearer of a writ of summons, 
 or writ of execution, or of any other writ issued out of the 
 said court, shall make a return, under his oath of office, of 
 all proceedings taken by him in relation to such writ, and 
 such return shall suffice for all purposes whatsoever. 
 
 1 19. The service of any summons in case of prosecu- 
 tions ibr offences as above mentioned, shall be proved in 
 open court by the bailiff" constable, or peace officer, who 
 shall have made such service, and the services of summonses 
 to witnesses, or of any other order of the said court re- 
 quiring to be served, shall be proved in the same manner. 
 
 Kxcoution of 1,10. 1. The execution of any judgment rendered in any 
 Civil action, as abore mentioned, shall be levied by the 
 
 (-'Oiiiiuissioucr. 
 
 Oath. 
 
 iiulurns. 
 
 I'loof ol' tier- 
 vifo. 
 
1874. 
 
 City of Montreal. 
 
 Cap. 51. 
 
 69 
 
 1 i 
 
 seizure and sale of the goods, movables, and effects of the 
 defendant ; 
 
 2. No writ of execution shall be issued until the expira- ^e'ay- 
 tion of eight days after the day on which judgment shall 
 have been rendered ; 
 
 3. The bailiff, the bearer of the writ of execution, shall Seijiure. 
 proceed to the seizure and sale, in the manner prescribed 
 
 and practiced in cases of seizure and sale under execution 
 issued by any ordinary court of civil jurisdiction in the 
 province of Quebec ; subject, however, to the provisions 
 contained in sections eighty-eight, eighty-nine and ninety 
 of this act. 
 
 Icll. 1. If the property of the defendant is already under If there be a 
 seizure in virtue of any writ of execution issued by any goTzure!* 
 other court, in such case, the bailiff, the bearer of the writ 
 of execution issued by the said recorder's court, shall not 
 make any seizure, and, upon production to him of the 
 procea-verbal of the said seizure, he shall hand over the writ 
 issued by the said recorder's court to the sherifi' of the dis- 
 trict, or to the bailiff who shall have made the seizure, (as 
 the case may be) ; 
 
 2. The delivery of the said writ of execution shall have Effect of deii- 
 the effect of an opposition afin de conserver, and shall be suf- ^" 
 *icient to secure to the said corporation, by privilege, (in 
 cases in which such privilege exists), the payment of the 
 sum due, including principal, uterest and costs. 
 
 153. 1 . In case the defendant does not possess any goods Jgj.g"j^„f ° ,j 
 OT chattels within the district of Montreal, or in case they no moTabies?" 
 are not sufficient to satisfy the amount of the judgment 
 obtained, or in case, after the sale of the said goods and 
 chattels of the defendant, a balance on such judgment still 
 remains due to the said corporation, in all such cases, if the 
 sum due exceeds fifty dollars, and the defendant possesses 
 any immovable property, lands or tenements within any 
 district in the province of Quebec, then the said recorder's 
 court may issue a writ de terris, signed as aforesaid, and ^^^it de <err<*. 
 addressed to the sheriff of the district in which such im- 
 movable property is situated ; 
 
 2. The said writ shall be r-^turnablc into the superior J[f^"« "'"™- 
 court for the district of Montreal, sitting in the said city of 
 
 Montreal ; tv * * u •» 
 
 3. Upon the receipt of .such writ, the sheriff to whom it ^'^^^ of «'>«"ff- 
 is directed shall act and proceed in all respects as regards 
 
 the said writ, as if it had been issued by the superior court, 
 and he shall make a return thereon, of his proceedings 
 in respect of its execution, to the said superior court, at 
 Montreal, as hereinbefort provided ; 
 
 ^ I 
 
 ;§»» 
 
 I 
 
70 
 
 Ulterior pro- 
 oeedings. 
 
 i 
 
 Saisie arril 
 after judg- 
 niont. 
 
 Cap. 51. 
 
 Citi/ of Montreal. 
 
 37 "VlCT. 
 
 4. And all ulterior proceedings of what kind soever, con- 
 sequent upon the issuing of such writ, or necessary to the 
 execution thereof, as well as with regard to the plaintiff and 
 defendant, as with regard to other parties who, in due 
 course of law, may intervene, by opposition or otherwise, 
 shall be had in the said superior court, in the same manner 
 as if the said action had been originally brought and deter- 
 mined in the sai'd superior court. 
 
 ltS3. The said recorder's court may issue writs of saisie 
 arret after judgment, in the same manner as the ordinary 
 courts of civil jurisdiction, and shall follow in relation 
 thereto the rules and procedure prescribed in such courts 
 as regards the issuing of the writ, the return and judgment 
 in matters of saisie arr^t. 
 
 
 Tariff of fee&. 
 
 Recovery of 134. The rccovcry of all fines adjudged in the said re- 
 fines, corder's court, shall be proceeded with in pursuance of the 
 by-law imposing such fine, by writ of saisie execution against 
 the goods and chattels of the defendant, or by the imprison- 
 ment of the defendant, as the case may be, and such writ 
 and warrant shall be issued in the manner above stated. 
 
 Aotorby-iaw 155. In any suit, action or prosecution brought by the 
 need not be gaid Corporation, in the said recorder's court, it shall not be 
 necessary to specify or recite the act or by-law under which 
 such suit, action or prosecution shall be brought : but it 
 shall be sufficient to state that it is in virtue of the act or 
 by-law in that behalf made. 
 
 156. The said council may make and settle a tariff of 
 the fees, which may be exacted by the clerk and bailiff's, 
 and change the said tariff, from time to time ; but neither 
 the said tariff", nor any of the changes made therein, shall 
 have force and effect until the same shall be approved by 
 the lieutenant-governor in council. 
 
 157. 1. The said recorder's court may be held and may 
 sit daily, and may sit as many times as it may be necessary 
 each day, without previous notice, and may fix any time 
 for the summary hearing and determination of offences 
 committed by any person against the ]n-ovisions of chapter 
 one hundred and two of the consolidated statutes for Lower 
 Canada, hereinbefore mentioned, or Ihe proviisions of any 
 act or by-law now in force, or that may hereafter be in 
 force in the said city ; and for summarily hearing and de- 
 termining the case ol any A'agrant, loose, idle, or disorderly 
 person, and other olfendcrs arrested by or in charge of the 
 police of the said city, or the cases of persons arrested, on 
 view or immediately after the commissiou of any offence, 
 
 Sittings of the 
 court. 
 
1874. 
 
 Cily of Montreal. 
 
 Cap. 51. 
 
 71 
 
 as aforesaid, or by warrant issued out of the said court, or 
 by the said recorder, or by any justice of the peace for the 
 said district of Montreal ; 
 
 2. The police of the said city, or any other peace officer ^*'*"* "^ 
 or constable, may bring before the said court or before the ^^ "^°' 
 said recorder, any person olfending, as aforesaid, against 
 any of the provisions of the acts or by-laws aforesaid, and 
 any vagrant, loose, idle, or disorderly person, and any per- 
 son arrested, as aforesaid, to be then and there dealt with 
 according to law, as the said recordei's court, or the said 
 recorder may adjudge and determine. 
 
 138. The said recorder's court shall have the power of P'mishment of 
 proportioning the punishment to the gravity or frequency 
 
 of the offence, within the limitations mentioned in this act, 
 and in the acts for the government of the said city. 
 
 139, The said council in all cases of offences for the Prosecution for 
 commission whereof line or imprisonment is imposf^d by °^^lf^^^ ^^^^ 
 any by-law of the said council, may proceed against ihe by laws. 
 delinquent,. either by summons or by warrant issued, upon 
 affidavit taken before the recorder, as may be thought more 
 advisable for the attainment of justice. 
 
 ! H 
 
 1, All fines imposed by this act, or by the provisions P'n°8 and 
 
 rocoverod. 
 
 160. , , , -. „, -.._, ,^. ^ 
 
 n 1, c L^ 'L •^ ■L"i • penalties-now 
 
 of any by-law of the city council, which now is or may recovered. 
 hereafter be in force in the said city, shall be recovered 
 before the said recorder's court, with costs, by immediate 
 payment of the said fine and costs; and in default of im- 
 mediate payment of the said fine and costs, the party 
 ag\inst whom the said judgment shall have been rendered, 
 shall be imprisoned in the common gaol of the district of 
 Montreal, for a period not exceeding two months, unless 
 such fine and costs be paid before the expiration of such 
 term of imprisonment ; 
 
 2. In all cases in which a fine has been incurred by a J^ ''^^ °^''°*^" 
 
 • •]■ 'J 'Til 1 ^ corporft* 
 
 corporation, association, or society recognized by law, suchtion. 
 fine and costs shall be levied by the seizure and sale of the 
 goods and eftects of the said corporation, association, or 
 society, in virtue of a writ of execution issued from the 
 said court ; and proceedings shall be had upon the said 
 writ in the manner prescribed for seizure and execution 
 in civil matters ; 
 
 3. Any joint owner or occupier of any lot, house, build- J^'j^^iJJ^yjJ^.^ 
 ing or other real property in the said city, complained of certain cases, 
 for violation of any by-law of the said council, now or 
 hereafter to be in force, bearing upon such joint owner or 
 occupier, or upon the said lot, house, })uilding or other real 
 property in any manner w^hatsoever, by reason of any 
 nuisance committed thereon, or any other offence of what 
 
 
 I 
 
Iw 
 
 72 
 
 Cap. 61. 
 
 City of Montreal, 
 
 37 Vict. 
 
 
 nature soever against the provisions of any by-law of the 
 said council, may be sued alone or conjointly with his co- 
 owners or co-occupiers in the said recorder's court, as may 
 be deemed advisable, as also any a<^ent of the said joint 
 owner, or occupier; and in the suit to be instituted, it 
 shall be sufficient to mention the name of such joint 
 owner, or occupier, or of such agent, with the addition of 
 the words "and others," and the oral testimony of such 
 ownership and occupancy, whether sole or joint, or of such 
 agency, shall be deemed sufficient ; any law, usage, or 
 custom, to the contrary notwithstanding ; 
 
 4. And the said corporation, or any municipal elector 
 may institute any proceedings for that purpose in the name 
 of the City of Montreal, as provided in the next section. 
 
 161. Any action instituted by the said corporation in 
 virtue of this act, or any act or ])y-la\v relating to the said 
 city, lor the recovery of any tax, duty or assessment or of 
 any fine, shall be brought in the recorders court, in the 
 name of the City of Montreal. 
 
 Application of 162. All fiucs sued for and recovered in the said recor- 
 fines. der's court, under and by virtue of this act, or any other act 
 
 or statute now in force or to be hereafter passed in relation 
 to the said city, shall belong to and form part of the gene- 
 ral fund of the said city, unless otherwise provided in such 
 statute. 
 
 Who may 
 bring the i\\\t. 
 
 Suits to be 
 in the nan e 
 of the city. 
 
 Council only 163. 1. To the couucil alonc shall appertain the right of 
 fine»r"'* remitting the whole or part of any tine })elonging to the 
 
 said city, as well as of the costs of the suit occasioned by 
 
 the prosecution for the said fine ; 
 
 2. This remission shall be made, in each case, by a sim- 
 ple resolution adopted by the majority of the council, on a 
 petition presented to the said council to that effect, by the 
 person asking such remission, and not otherwise ; 
 
 3. Any member or officer of the said council who shall 
 infringe the provisions of any of the two next preceding 
 sub-sections, shall incur a fine not exceeding twenty dollars 
 for each oftence ; 
 
 4. Any remission of any fine or costs, in violation of the 
 remission, nu pj.Qyjgiojjs of this sectiou, shall be considered as null and of 
 
 no effect. 
 
 In what man- 
 ner. 
 
 Penalty. 
 
 Any oth6r 
 
 Imprisonment. 164. Whenever in the present or any other act relative 
 to the said city, or in any by-law. rule or order as aforesaid, 
 imprisonment is imposed, such imprisonment shall be pre- 
 sumed and held to be jn the common gaol of the district 
 of Montreal, 
 
1874. 
 
 Oily of Montreal. 
 
 Cap. 51. 
 
 n 
 
 I6t5. The recorder's court may use its discretion in CuKts. 
 awarding or witholding costs, or orderino- each party to pay 
 his own costs. 
 
 errors in 8Uiii- 
 iiions. 
 
 166. 1, In any action, proceeding or complaint by thoC«r"i'". 
 said corporation, it shall not be necessary to allege or to Sll^llnscd" 
 prove that Ihe formalities required for the passing of a by-^vith. 
 law have been observed, nor that such by-law has been 
 transmitted to the lieutenant-governor, but the fact that 
 such formalities have been observed shall be presumed, 
 until proof to the contrary be shown ; 
 
 2. In all cases where in any action or summons in civil Amcnamont oi 
 or penal matters, there shall be variance ])etween the alle- 
 gation and the proof relating to the christian or surname 
 the addition, description, or residence of any party men- 
 tioned in such action or summons, or to any other fact 
 alleged in such action or summons, the said court may at 
 any time, before, during, or after the EnqmUe, or before 
 judgment, upon the request to that etlect made by an 
 interested party, direct the amending of such action or 
 summons, if necessary, and allow the adverse party a suffi- 
 cient delay to prepare a defence to the action or summons 
 so amended, if the party require it for the ends of justice. 
 
 
 STREETS, HIGHWAYS, AND I'UELK; PLACKS. 
 
 167. It shall be lawful for the said corporation, at any roriiuratk.n 
 li'.ne, to cause public streets, highv^ays, places and squares, t^yoii't?''' 
 
 •y 
 
 ^vithin the whole extent of the limits of the said city, to be out ?treets. 
 laid out, fixed and determined at the city's expense, under 
 the direction and supervision of the road committee and the 
 city surveyor, and to give a name to each of the said pul)lic 
 strents, highways, places and squares ; and for that pur- 
 pose Ihe said corporation may employ a sufficient number 
 of surveyors or other competent persons who shall, with all 
 due diligence, proceed to lay out, fix and determine under 
 the direction and supervision aforesaid, and under as 
 uniform a system as circumstances may admit, such pul)lic 
 streets, highways, places and squares, of such dimension, 
 width and extciit, as may appear to them most desirable 
 lor the pu])lic interest ; provided any such highway or 
 street shall not be less than forty feet in width, 
 
 liiH. The said surveyors or other persons employed in Jlay l:^,,'!^", 
 the exercise of the duties assigned to them, in and by the up. n pioi criy 
 preceding section, may, and they are hereby authorized to "j'^'^^' 
 enter in day time upon any property or real estate within 
 the limits of the said city ; they shall, under the direction 
 and supervision aforesaid, make out plans or maps indica- 
 ting the streets, highways, public places, and squares now 
 
 10 
 
 iinil make out 
 Ac. 
 
 h- 
 
Ilij 
 
 u 
 
 Cap. 61. 
 
 CUj/ of Montreal. 
 
 37 Vict. 
 
 existing, as well as lOse which they shall lay ou* uiid de- 
 termine, by and m virtue of this act ; and they shall 
 desicrnate npon the said plans or maps, the new unes 
 of the streets, or sections of streets, public highways, places 
 and squares, that the said corporation may have resolved 
 to widen, in the interest of the public. • * 
 
 ■:t 14 J 
 
 Ik. 
 
 Plan may bo 
 made by 
 sections to 
 form but one 
 plan. jH: 
 
 Plan for ea«h 
 section when 
 uoinplotod, to 
 he conlirniud 
 by sup. court. 
 
 169. It shall bo lawful for the said corporation to cause 
 the said streets, public higways, places and squares, to be 
 laid out, and the plan or map thereof to be made for each 
 ward separately, according to the present division of the 
 city, beginning by suchv xrd as ia\ be deemed advisable ; 
 bu he plans or r^-'p'^ o*" l j. d i j^^i wards uf the said city 
 shali be so made a-s to coirn q/Oi ' with each other in such 
 a manner as that, when ccr;cp.'t^^c(!. they shall make but 
 one and the same plan, to be know-: ^' " the general plan 
 of the city of Montreal." 
 
 170. AVhen the plan or map for any one of the ^vards of 
 the said city shall be completed, the Sc.id corporation, by 
 their attorney and counsel, shall apply, by summary i)dti- 
 tion to the superior court, in and for the district of 
 Montreal, to obtain the ccj^Hrmation and ratilication of the 
 said plan or map, after having given public notice of the 
 day and hour at which such ])etition shall ])e so presented, 
 in four newspapers, two of which, published in the French 
 language and two in the English langivai , in the said city ; 
 provided that the said notice shall have ai least two inser- 
 tions in each of the said four newspapers, and that one 
 mo'ath at least shall elapse between the date of the last in- 
 sertion of the said notice, and that of the presentation of the 
 said petition ; the same formalities shall be observed for 
 the plan or map of each of the other wards of the said city, 
 as such i)lan is completed. 
 
 Plan, when I7I. Every such plan or map of a ward, when coniirmed 
 
 ooiifijraed.tobe^^y the said superior court, shall be final, decisive, and 
 binding upon the said corporation, and the proprietors 
 therein interested, and upon all other persons whomsoever ; 
 and no indemnity or damage shall be claimed or granted 
 at the time of the opening of any of the ninv streets, public 
 places or squares, shewn on the said plan, or at the time of 
 the widening of any of the streets, public places, or squares 
 indicated on the said plan, for any building or improvement 
 whatsoever that the proprietors or other persons whomso- 
 ever may have made, or caused to be made, after the confir- 
 mation of the said plan, upon any land or property, reserved 
 either for new streets, public places, or squares, or for the 
 widening of any of the said streets, public jilacos, or squares 
 of the said city ; provided that nothing contained in this act 
 
Vict. 
 
 1874. 
 
 Cihf of Montreal. 
 
 Cap. 51 
 
 75 
 
 shall ho construed as depriviiiir the said corporation of the 
 rij^ht of widcniui^ or extendiiij? any of the streets, jmblio 
 places, or squares desij^natcd in the daid plan, after its con- 
 Jirmafion. if deemed advisable so to do. 
 
 17^. 
 
 to be 
 
 luplicate of euch of tho said plans shall be depo- P'*° '^^.^ ^^ 
 sited inn I'.diitely after if , completion in the office of the *" "'"""*"' 
 prothonof ; ,ry of the : lid court, and anothe m the archives 
 of the s ' d co'Moration ; and when such plan shall have 
 been co 'irraed and ratified by the .iuperior court as afore- 
 said, thv city clerk sl'Ul ▼- Ae an entry upon the duplicate 
 of the said plan, deposited in the archives of the said corpo- 
 ration, in the following words : '• confirmed by the superior 
 court on the day of one thousand 
 
 \79. The said corporation of the city of Montreal shall Now stroots- 
 have all the necessary powers to open to the public, when- oplTn" ? ' 
 ever the said corporation shall deem it advantageous to do 
 so in the interest of the city, any new street, highway, 
 public place, or square, shewn on the said plans or maps ; 
 and also to widen any of the streets, public places or 
 squares thereon indicated as widened, after having adopted, 
 howev !r, the formalities and procedure hereinafter pre- 
 scribed relative to the mode of expropriation and the levy- 
 ing of special assessments. 
 
 174. The designation of new streets and public places Term "new 
 or squares, in and by this act, applies to such streets, ina>rp''retc'P 
 public places or squares as have not been opened and 
 named before the passing of this act. 
 
 175. The council of the said city of Montreal shall council may 
 have full power and authority to order, by resolution, the or widemnlc^of 
 opening, extending or widening of streets, public high- streets, &<•. 
 ways, places or squares, or the construction of public build- 
 ings, and to order at the same time that such improve- 
 
 men t shall be made out of the city's funds, or that the cost 
 thereof shall be assessed in whole or in part, upon the 
 pieces or parcels of land belonging to parties interested in, 
 or benefited by the said improvement ; and to purchase, 
 acquire, take and enter into any land, ground or real pro- _ 
 perty whatsoever within the limits of the said city, either 
 bv private agreement or amicable arrangement between 
 the corporation of the said city and the proprietors or other 
 persons interested, or by complying with all the formalities 
 hereinafter prescribed, for opening streets, public squares, 
 markets, or other public places, or for continuing, enlarging 
 or improving the same, or a portion of the same, or as a 
 site for any public building to be erected by the said 
 council. 
 
 1 
 
 t ! 
 
 I I 
 
 ''::tf> 
 
■PFT 
 
 Mi 
 
 76 
 
 Cap. 51. 
 
 Citi/ of Montreal. 
 
 ni ViOT. 
 
 .Moile of pro- 
 cniliiio in nx- 
 i(r(i|)riiiti(>n 
 
 Notice to be 
 i;ivi.'n for 
 ii|i)i(iiiiMiic>nt of 
 I'liiuini.isioncrs. 
 
 Notice t^) be 
 l>ri»teil on lots. 
 
 Appointment 
 of cuniniis- 
 sioners. 
 
 176. In case the council of the said city, after having 
 resolved upon undertaking and carrying out any of the 
 said works or improvements for which it has been neces- 
 sary to acquire one or more lots of ground or real property 
 within the limits of the said city, cannot come to an 
 amicable arrangement with the persons seized or possessed 
 of, upon any title whatsoever, or interested in, the said lots 
 of ground or real property, or any part thereof, or who may 
 be absent or unknown, as regards the price of compensation 
 to be paid for the said lots of ground or real propertv, or 
 any part thereof (the said corporation, however, shall not 
 1)6 bound to take any step or proceeding towards securing 
 such amica})l(v arrangement), such price or compensation 
 sliall bo lixed and determined in the following manner, to 
 wit • 
 
 2. The corporation of the said city, by their attorney or 
 counsel, shall give special notice, addressed through the 
 post office, to the person in whose name the property was 
 lastly assessed on the assessment roll, ns proprietor, at his 
 actual or last known domicile, and shall also give notice in 
 at least two newspapers, one of which published in French 
 and the other in the English language, in the said city, 
 which said notice shall have two insertions in each of the 
 said newspapers, that they will, by and through their said 
 attorney and counsel, present on the day and hour men- 
 tioned in the said notice, to the superior court in and for 
 the district of Montreal, sitting in term, or to any of the 
 judges of the said court in chambers, pending the vacation, 
 and during the months of July and August in each and 
 every year, a petition calling upon the said court or any 
 one of the judges thereof respectively, to choose and nomi- 
 nate three competent and disinterested persons to act as 
 commissioners to fix and determine the price or compensa- 
 tion to be allowed for every such lot of ground or real pro- 
 perty, or any part thereof, which may be required by the 
 said corporation for the purposes of the said improvement, 
 and which shall be designated in the said notice by giving 
 the boundaries {tenants et aboutissanls) ; and one month at 
 least shall elapse from the date of the last insertion of the 
 said notice in the said newspapers, to the day appointed for 
 the presentation of the sdd petition ; and the said notice 
 shall, moreover, be posted in both languages, twenty days 
 previous to the date of the presentation of the said petition, 
 in three difierent places, upon each and every lot of grounr^ 
 or real property liable to expropriation, or in the immediate 
 vicinity thereof; 
 
 3. The court or judge, as the case may be, to whom the 
 said petition shall have been presented, shall appoint 
 three commissioners as aforesaid, and fix the day on which 
 the said commissioners shall begin their operations, and also 
 
 1874. 
 
ni Vict. 
 
 1874. 
 
 Citf/ of Montreal. 
 
 Cap. 51, 
 
 77 
 
 r having 
 y of the 
 »n necew- 
 property 
 le to an 
 )0S8e8secl 
 said lots 
 vho may 
 )ensatlon 
 ipertv, or 
 shall not 
 securin*^ 
 
 sensation 
 anner, to 
 
 orney or 
 ongh the 
 erty was 
 or, at his 
 notice in 
 1 French 
 laid city, 
 ch of the 
 heir said 
 )ur men- 
 1 and for 
 tiy of the 
 vacation, 
 iach and 
 't or any 
 nd nomi- 
 to act as 
 smpensa- 
 real pro- 
 d by the 
 ovement, 
 ►y giving" 
 tnonth at 
 m of the 
 )inted for 
 d notice 
 snty days 
 petition, 
 )f ground 
 nmediate 
 
 horn the 
 appoint 
 
 m which 
 and also 
 
 the day on which they shall make their report ; provided 
 always, it shall he lawful for the said court, or the said 
 judge, to extend the said delays upon reasonable ground 
 l)eing shown to that effect ; 
 
 4. No person shall be capable of fulfilling the duties ofT''?'""'!"'""'- 
 commissioner of expropriation, unless such person be as- '''""" 
 sessed and rated in the general assessment roll of the said 
 city, as proprietor of one or more real estate, of the aggre- 
 gate value of at least ten thousand dollars currency ; 
 
 T). The judgment embodying the said appointment shall Commio- 
 ))e served, with as little delay as possible, upon the said gi,""o" rllhll' '" 
 commissioners, who shall be held to accept the said office pe'irit"!" ' ' 
 and to perform the duties thereof, imder the penalty of a 
 fine of one hundred dollars, which it shall be competent 
 for the said superior court to inilict upon each of the said 
 commissioners upon proof of his or their refusal or neglect 
 to perform the said duties ; but the exemptions provided Kxeii.i,iir.n. 
 lor, in behalf of certain persons, by the second section of 
 chapter eighty-four of the consolidated statutes for Lower 
 Canada, relating to juries, shall apply equally to any of the 
 said commissioners, who may appertain to any one of the 
 classes of persons mentioned in the said last cited section ; 
 
 G. Immediately alter the appointment of the said com- ciiy sunoyor 
 missioners, it shall be the duty of the city surveyor to furnish lom.'with 
 them with a plan or map showing the proposed improve- r'an. &'-■ 
 ment, as also the pieces or parcels of ground or real estate 
 to be expropriated ; 
 
 7. The said commissioners, before proceeding, shall be c'om. to ha 
 duly sworn before the prothonotary of the said superior '^^°™' 
 court, (see schedule Y hereunto annexed) ; and they shall ^'^''''" I'^'^fs. 
 be A'ested with the same powers and entrusted with the 
 
 same duties as are conferred by the laws in force in this 
 province upon experts in reference to appraisements ; and 
 they shall be entitled to receive a remuneration not exceed-' "■ "' 
 ing four dollars per day each, during the whole time they 
 shall of necessity be occupied in the performance of the 
 said duties ; 
 
 8. The said commissioners, before proceeding with the ^'^?J"j |)rst'"7o 
 valuation of the properties or real estate to be expropriated, nrc i.one ;tea'. 
 shall begin by determining who are the parties interested 
 
 in, and to be specially assessed for the purpose of the pro- 
 posed improvement ; of which they shall draw up a report 
 and give public notice of the same by an advertisement to 
 be inserted twice in two Plnglish and two French news- 
 papers published in the said city, in which advertisement it 
 shall not be necessary to give the names of the parties in- 
 terested in the said improvement, but only to define the 
 limits or boundaries in which the i>roperties or real estate 
 liable to assessment are included ; 
 
 L^i 
 
 "V 
 
 iry, 
 
78 
 
 Partiei inter 
 i<(te(l iniiy 
 
 (llljCi't 
 
 Cum. to ticfllde 
 if jiartiei ot - 
 joc'ting Condi' 
 Into a 
 innjority. 
 
 Cap. 61. 
 
 City of Montreal 
 
 37 Vict 
 
 M 
 
 Rij^lit of veto 
 rcsfri -ti'il. 
 
 When lesB 
 thiin .'ill feet is 
 left. 
 
 9. The said parties, so iiotifietl, who dosiro to oppose th»» 
 said improvement may do so, by a declaration to thatrllect. 
 to be signed by sucli parties opposing, and to bo lilcd in 
 the hands of the city clerk, within ten days from the date 
 of the last insertion of the said advertisement ; 
 
 10. At the expiration of the delay aforesaid, the city clerk 
 i. shall hand over to the said commissioners the declaration. 
 
 if any, filed in his hands; and the said commissionerM 
 shall thereupon ascertain and determine, without any ap- 
 peal, if, in reality, the signers of the said declaration con- 
 stitute the majority in value of the said parties interested 
 (the said value as set forth and established in and by the 
 gt'n«'ral assessment roll last made and revised) ; and it thoy 
 iind that such majority are opposed to the improvement, 
 they shall report the fact to the said court or .judge, as the 
 case may be, on the day appointed to receive their report of 
 valuation, and the proceedings in expropriation shall ipso 
 facto be aiuiuUed ; if, on the contrary, no declaration has 
 been filed, or the said commissioners determine that a 
 majority in value of the parties have not signed the said 
 declaration, they shall appoint a day on which to proceed 
 to determine the value of the real estate subject to expro- 
 priation, of which they shall give notice by publication in 
 two newspapers in the French language, and two news- 
 papers in the English language, published in the said city ; 
 
 11. The right of opposition, conferred as aforesaid, upon 
 the majority of proprietors interested in an improvement, 
 resolved upon by the council of the said city, shall not 
 apply to expropriations for improvements as laid down on 
 the general plan of the city of Montreal, when such improve- 
 ments only affect new or projected streets, as fixed and de- 
 termined upon such general plan of the city of Montreal, 
 and not already in actual possession of the said city, 
 when the said plan shall be homologated and confirmed 
 by the court according to the provisions of this act ; and 
 the owners of real estate through w^hose property such new 
 or projected streets are laid down shall have no claim what- 
 ever against the said corporation for rights of servitude, 
 accruing from the fact of such projected streets being run 
 through their property; provided that nothing herein con- 
 tained shall be construed asatlectingthe right of opposition 
 
 • which now exists as regards the enlargement or widening 
 of old streets, which right of opposition shall remain in full 
 force with regard to the widening or enlargement of such 
 old streets ; 
 
 12. When there shall remain, after expropriation ot part 
 of any real estate, a depth not exceeding thirty feet, the 
 proprietor, usufnictuary or administrator thereof rnay com- 
 pel the corporation of the said city to acquire the same for 
 such price per foot as the commissioiiers of expropriation 
 
1M74. 
 
 Cily of Monhrtil. 
 
 Cup. 51. 
 
 79 
 
 may determine, in relerence to such reKiduo, by the pro- 
 prietorr, usufructuary or administrator giving to the city 
 oh>rk, on or belore the day lixed lor the oommisHionerN to 
 proceed to the valuation, notice ol' such his intention to sell 
 and give up such residue as aforesaid ; 
 
 18. The said commissioners may, if they deem proper, 
 call upon the proprietors or parties interested, to give thern 
 communication of their title deeds ; and upon their failing 
 to comply with such demand, the said commissioners are 
 hereby authorized to procure copies of the said title deeds 
 at the cost of the said pioprietors or parties interested; and 
 the amount of said costs shall be deducted from the price 
 or compensation to be linally awarded to the said proprie- 
 tors or parties interested in the expropriation ; 
 
 14. It shall be the duty of the said commissioners to 
 diligently proceed to appraise and determine the amount 
 of the price, indemnity or compensation which they shall 
 deem just and reasonable for each of the pieces or parcels 
 of land, or real estate, the expropriation whereof shall have 
 been resolved upon by the city council, or ibr the damages 
 caused by such expropriation ; and the same commissioners 
 may act and adjudicate upon the price or compensation for 
 all and every the pieces or parcels, of land or real estate 
 buildings or parts of buildings thereon erected, required 
 for anv improvement which the said council may hav<» 
 ordered to bo made or carried out at one and the same 
 time ; and the said commissioners are here))y authorized 
 and required to hear the parties and to examine and inter- 
 rogate their witnesses, as well as the members ol the city 
 council and the witnesses of the said corporation ; but the 
 said examination and interrogatories shall be made vivd voce 
 and not in writing, and shall consequently not form part of 
 the report to be made by the said commissioners, any law, 
 usage, or custom to the contrary notwithstanding ; 
 
 1'). If in the discharge of the duties devolving on the 
 said commissioners by virtue of this act, there should 
 occur a difference of opinion between them as to the value 
 of the piece of land or veal estate about to be exi)ropriated, 
 or upon any other qu- tion within their province, the de- 
 cision of two of the sau. commissioners shall have the same 
 force and effect as if all the said commissioners had con- 
 curred therein ; 
 
 16. i\\ every case where the corporation of the said city 
 may have resolved to carry out and execute any of the 
 works or improvements aforesaid, at the city's expense ex- 
 clusively, the said commissioners shall be held to determine 
 and award when the expropriation shall apply to or affect 
 but a portion of the property or real estate, what may be 
 the damoGre to or deterioration in value of the residue of 
 the property or real estate, by the separation from it of the 
 
 (.'ijIII. to llO 
 
 furni."<hi«il 
 ATilli titio 
 
 Value ol' pru- 
 [iiTty-- liow 
 aflccrtiiiDcil. 
 
 Iloiiriii); ol' 
 witncijses. 
 
 Ill I'UtC ol' 
 dilFcrcncc ol' 
 o])inioii, majo- 
 rity (o dociJo. 
 
 Increused 
 value of icsi- 
 duo of propor- 
 ty, to bo tiken 
 into consi";'. ova- 
 tion in cori.iiu 
 tnacs. 
 
 'H 
 
 l^K ».• 
 
 ;' 
 
80 
 
 Cap. 51. 
 
 Cili/ of Mo II 'real. 
 
 8v Vict. 
 
 ^* 
 
 In case the 
 cum. fail ill 
 the perform 
 
 Ik' 
 
 i/ 
 
 part required by the said corporation ; and they shall de- 
 termine, first, the intrinsic value of the part of the property 
 to be taken, and, secondly, the increased value, if any, of 
 the residue of the property caused by the proposed im- 
 provement ; and the difference between the intrinsic value 
 of the part of the property required and the increased va- 
 lue aforesaid shall constitute the price or compensation 
 vvhich the party interested shall be entitled to; and when 
 the said commissioners shall determine and award that the 
 increased value is equivalent to or in excess of the intrinsic 
 value of the part of the property required, then they shall 
 not award any price or compensation for the part so requir- 
 ed or liable to expropriation ; 
 
 17. If any of the said commissioners, at any time after 
 his appointment, shall fail in the due performance of the 
 
 ;nte of their duties assig'ued to him in and by this act, or shall not 
 uuticB. j'^^iiij ^YiQ .said duties jn a faithful, diligent, and impar- 
 
 tial manner, it shall bd lawful for the corporation of the 
 city, by its attorney, to apply, by summary petition, to the 
 said superior court, or to a judge thereof, as the case may 
 be, to stay the proceedings of the said commissioners, and 
 to remove and replace the commissioner who may have 
 forfeited or violated his obligation; and upon such petition, 
 the said court, or judge, may issue such orders as may be 
 deemed conformable to justice ; 
 
 18. In case any of the commissioners appointed as afore- 
 said, should die, or be disqualified, or be imable to act as 
 such commissioner, the said court, or one of the judges 
 thereof, as the case may be, shall, upon a summary petition 
 to that effect, to be presented by the corporation or the said 
 city, after two clear days' notice, to be established to the 
 satisfaction of such court or judge, replace such commis- 
 sio \cr by another competent and disinterested person, upon 
 whom the said oflfice shall be binding in the same manner 
 as upon his predecessor ; 
 
 19. So £0011 as the said commissioners shall have com- 
 pleted the proceedings relating to the appraisement, and 
 determined the price or compensation for the pieces or 
 parcels of land or real estate about to be expropriated, they 
 shall make out a report of their appraiseniont \vhich they 
 will sign and deposit in the olhce of the city clerk, who 
 shall at once give public notice thereof, and of the day on 
 which the said report will be submitted to the superior 
 court, or to one of the judges thereof as the case may be. 
 for Jioniologalion ; 
 
 20. On the day specified in the said notice, the corpora- 
 tion of the said city, by their attorney or counsel, shall 
 submit to iho said superior court, or to one of the judges 
 thereof, rr.-pcctively, the report containing' the appraisement 
 of the said commissioners, for the purpose of being con- 
 
 Iii case of 
 Jeath of co'ii 
 
 t'om. to report 
 amoiDt of 
 Hj>|)-aiseiiient. 
 
 Report of Com, 
 to lie subiiiit- 
 teil to ll.o 
 court for coH- 
 tirinationt 
 
1874. 
 
 Cily of Moti/real. 
 
 Cap. ol, 
 
 81 
 
 . -f 
 
 Recourse of 
 party expro- 
 priated in the 
 event of error 
 on the part of 
 the coiiiiiiiia. 
 .sionerK as to 
 ti' J amount of 
 iniieiiinity amt 
 proceed infjs, 
 pendin<]( siioli 
 reoonrso. 
 
 firmed and homologated to all intents and purposes ; and 
 the said court or judge, as the case may be, upon being 
 satisfied that the proceedings and formalities horeinbefore 
 provided have been observed, shall pronounce the confir- 
 mation and homologation of the said rejwrt which shall ho. 
 final as regards all parties interested, and consequently not 
 open to any appeal, for the purposes of the expropriation ; 
 
 21. But in case of error as to the amount of the indem- 
 nity only on the part of the commissioners, the party expro- 
 priated, his heirs and assigns, and tht; said corporation, may 
 proceed by direct action in the ordinary manner, to obtain 
 the augmentation or reduction of the indemnity, as the case 
 may be ; and the party expropriated shall institute such 
 action within fifteen days after the homologation of the 
 report of the said commissioners; and, if upon such action 
 the plaintiff succeed, the corporation shall deposit in court 
 the amount of the condemnation, to be paid to the party 
 entitled thereto ; and the said corporation may, within 
 thito weeks after the homologation of the said report, 
 p.bandon the proceedings in expropriation, and, in such case 
 it shall be held to indemnify the party expropriated for the 
 damages by him sustained up to that moment or they may 
 within the said delay of three weeks, prosecute their action 
 for reduction of indemnity, as aforesaid ; and if, in the 
 public interest, the corporation deem it advisal)le to have 
 the report homologated, in order to deposit the amount of 
 the indemnity, and take possession of the immovable ex- 
 propriated, while protesting against the amount of the said 
 indemnity as excessive, the party expropriated or his crt>- 
 ditors shall not touch the amount of the said indemnity, 
 except on furnishing good and fsuffici«^nt security for the 
 amount, over and above the sun which the said corporation 
 shall hav(^ declared, by a writing filed in the Prothonotary's 
 office of the said superior court, and signed l)y the attorney 
 of the said corporation, or l)y the city clerk, to be the just 
 and proper indemnity which they consider they ought to 
 I)ay." 
 
 177. Incase any street, public place or square shall be J^o '"'lemi'ty 
 laid out and d'termined before the confirmation and homo- bunauig ""^ 
 legation of the genm'al plan of the city, as aforesaid, or if any erected on 
 street, public place or square shown and designated on the folle oxprV""' 
 said plan, shall be widened or extended after such coufirma- priatod, after 
 tion and homologation, no indemnity or damage shall he jj"t[,'"" "'' "' 
 allowed or granted for buildings, structures or improvements 
 which the proprietors or any other persons whomsoever 
 shall have caused to be erected or made upon any of the 
 pieces or parcels of land, or real propv-rty which the corpo- 
 ration of the said city may resolve to acquire for pu))lic pur- 
 poses, from the time that the public; notice mentioned in the 
 
 11 
 
 ^ 
 
S2 
 
 Cap. 51. 
 
 City of Montreal. 
 
 37 Vict. 
 
 .ii 
 
 sub-section number two of the next preceding section, shall 
 have been posted upon the said pieces or parcels of land or 
 real estate as aforesaid. 
 
 After the con- 178. The Corporation of the said city shall within thirty 
 
 re"ortramJunt<^^y^ ^^^"f^ ^^^^ ^^'^^^ *^^^ Confirmation and homologation of 
 of oomponsa- the report of the said commissioners, make, in the hands of 
 poslte^d. **"" ^^^ prothonotary of the said superior court, whose duty it 
 shall be to grant to the said corporation a written acknow- 
 ledgement thereof, a deposit and consignment of the price or 
 compensation and damages settled and determined in and 
 by the said report ; and the act of such deposit and con- 
 signment shall constitute, in behalf of the corporation of the 
 said city, a legal title to the property of each of the said 
 Effect of 8uoh pieces or parcels of land or real estate ; and from thence 
 all proprietors of, or other persons whatsoever interested 
 in, the said pieces or parcels of land or real estate, shall 
 loose and be divested of all their rights or claims thereto, 
 and the said corporation shall be vested with the said pieces 
 or parcels of land or real estate, and may of right and 
 without any further formality enter in possession of, and 
 use the same for any of the purposes authorized in and by 
 this act ; any law, statute or usage to the contrary notwith- 
 
 deposit. 
 
 standing. 
 
 Mortgages on 
 land expro- 
 priated re- 
 moved. 
 
 Recourse of 
 mortgagoos. 
 
 179. Any expropriation made in virtue of this act 
 shall have the effoct of removing and paying off all 
 mortgages or privileges with which the said pieces or par- 
 cels of land or real estate may be burdened or encumbered 
 at the time ; but the price or compensation deposited in 
 the hands of the prothonotary, as aforesaid, shall be held to 
 represent the said pieces or parcels of land or real estate as 
 regards all mortgagees or privileged creditors, whose rank 
 and priority ^shall be preserved in the distribution to be 
 made of the money deposited conformably to this act. 
 
 t^omonr"""^ IHO. When the money shall have been deposited and 
 
 consigned in the hands oi' the prothonotary as afore ;aid, the 
 
 said superior court, or any of the judges of the said court, 
 
 during the vacation and out of term, shall deterinine the 
 
 mode of calling forth the creditors of the party entitled to 
 
 such money, or his legal representatives, and all other 
 
 parties interested, and issue such inders as may be deemed 
 
 advisable and just as regards the delivery or distribution of 
 
 the money, or any other matter in connection with the 
 
 Proviso: claims or demands of the parties interested; provided 
 
 Coinponsrtion alwavs, that whcu the price or compensation and damages 
 
 u.°J unj'tVri ^^'■^^^ ^^^ P^i^ '" whole or in part to the party entitled to 
 
 Vic, cap. 112. the same (but this })roviso shall not be held to apply to his 
 
 creditors.) the amount of such price or compensation shall 
 
7 Vict. 
 
 )ii, shall 
 land or 
 
 thirty 
 ation of 
 ands of 
 duty it 
 icknow- 
 piiceor 
 in and 
 id con- 
 n of the 
 the said 
 thence 
 terested 
 e, shall 
 thereto, 
 d pieces 
 :ht and 
 of, and 
 and by 
 LOtwith- 
 
 nis act 
 off all 
 I or par- 
 mbered 
 sited in 
 held to 
 state as 
 se rank 
 n to be 
 ^t. 
 
 ed and 
 aid, the 
 1 court, 
 ine the 
 itled to 
 I other 
 leemed 
 ition of 
 th the 
 ovided 
 imag-es 
 tied to 
 to his 
 ti shall 
 
 1874. 
 
 Cilij of Munircal. 
 
 Cap. 51. 
 
 83 
 
 not be subject to the tax imposed by and in virtue of the 
 twelfth Victoria, chapter one hundred and twelve, nor to 
 the commission which the prothonotary of the said supe- 
 rior court is entitled to receive, nor to any tax, or commis- 
 sion. 
 
 181. The prothonotary of the superior court shall pay Prothonotary 
 and remit to the treasurer of the province of Quebec, allf°P*y"^«r 
 interest and revenue arising' from the different sums ofp"ov"tJea- 
 money deposited by the said city, in the hands of the said»"'"=r- 
 prothonotary, as indemnity, in virtue of the foreg-oing pro- 
 visions, after deductinu' therefrom the amount of any com- 
 mission on the s«id sums of money that the said prothono- 
 tary may be leg-ally entitled to ; and all sums so deposited 
 
 shall immediately after their n-ceipt be placed by the pro- 
 thonotary in a separate account of interest in one of the 
 chartered banks doing business in the city of Montreal. 
 
 182. When the council of the said city shall, by a resolu- Right of veto 
 tion adopted by a vote of two-thirds of its members, deter- ^"^P®''^'''^ '° 
 
 , * "^ , . , •^ r> certain caae<. 
 
 mine to carry out an improvement and to contribute, from 
 the city funds, one-third of the cost thereof, the right of op- 
 position conA'rred, in and by sub-sect.' ons nine and ten of 
 section one hundred and seventy-six of this act, upon the 
 proprietors interested, shall be suspended, in so far as it 
 relates to such improvement ; provided, however, the said 
 council, before adopting any such resolution, shall have 
 previously given ten days notice to that etlect, in at least 
 one English and one French newspaper published in the 
 said city. 
 
 18S. All the provisions contained in section one hundred Provisions cx- 
 and seventy-six of this r';t, with regard to the appoint- pg" nation for"' 
 meiit of commissioners and the mode of ascertaining the alteration of 
 value of the pieces or parcels of land or real estate taken '®^®''' *"' 
 by the corporation of the said city, shall be and are hereby 
 extended to all cases in which it shall become necessary to 
 ascertain the amount of compensation to be paid by the said 
 corporation to any proprietor of real estate or his representa* 
 fives, for any damage he may hav(^ sustained by reason of 
 any alteration, made by order of the said council, in the 
 level of any street or sidewalk, or by reason of the removal 
 of any establishment subject to l^e removed under any by- 
 law of the said corporation, or to any party by reason of any 
 other act of the said corporation for which they ari^ bound 
 to make compensation, and wlieri^ the said corporation and 
 the party aggrieved are uuabli; to agree as to the amount of 
 such compensation, and the amount of such compen- 
 sation shall bo paid at once, by the said corpo- 
 ration to the party having a right to the same, without 
 
 ,)l 
 
 ',»« 
 

 84 
 
 Cap. oJ, 
 
 Cily of Muntieal. 
 
 37 Vict. 
 
 obtHiii leTel 
 before build- 
 ing. 
 
 I'lirtirs Leid to lurther formality ; provided that any person who shall erect 
 any building whatever upon or contiguous to any estab- 
 lished or contemplated street, pul)lic place, or square in the 
 siiid city, without having previously obtained from the city 
 surveyor th«' level of such street, public place, or square, 
 shall forfeit his or h(^r claim for damages or compensation 
 by reason of any injury caused to the ])roperty when such 
 level shall l)e si'ttleJ and determined by the said council, 
 road committee. 
 
 IQlMlt. 
 
 through th( 
 
 CurporHtion IH4. In all cascs when', for the pur])ose of opening any 
 
 "irf«i'rclx\'cnt'* f'^i'*'^'^ ^4"'""^'» i^'^^"^*'^-P^^'<^<^' <*^' other public place, or for con- 
 ipf land over tiuuiug, enlarging, or otherwise improving the said streets, 
 "ion requUT' f^q^^arcs, market places, or other public places, or a site for 
 lor improve- any public building to be erected by the said corporation, 
 the said c<n-poration shall deem it advantageous to purchase 
 and acquire, or take, or enter uj:on, more than the ground 
 actually required for any of the said purposes, it shall be 
 lawful for the said corporation so as aforesaid, to purchase 
 and acquire an extent over and a})ove what may be re- 
 quired for the above purposes ; provided, nevertheless, 
 such extent do not exceed one hundred feet in depth by 
 whatever length may exist, and such extent of one hundred 
 feet may be taken out of one or both sides of the said street, 
 square, market-place, or site for any public building, in case 
 the proposed improvement applies to both sides of such 
 street, square, market-place or site as aforesaid ; provided 
 also, that if any proprietor, a portion of whose projierty may 
 be required for the above purposes, objects to the said cor- 
 poration taking or acquiring more than the piece or parcel 
 of his lot required for any of the said purposes, such pro- 
 prietor shell make known his objection by causing a writ- 
 ten notice to that ctfect to be served upon the said corpora- 
 tion at least two days previous to the day fixed as aforesaid 
 on which the said commissioners are to begin their opera- 
 lions; in which case the said corporation can only take and 
 acquire the pi»M'e or parcel of land required for the impro- 
 vemeni and no more. 
 
 I'fuprietor 
 lii»y object 
 
 AsHeia incut to 
 bo mado bjr 
 com. 
 
 IS>. 1. So soon as the report of the said commissioners 
 shall have been confirmed and ratified by the said court, or 
 by one of uie judges thereof, as the case may be, conforma- 
 bly to suiv, ecMoii [vn vMity of section one hundred and seven- 
 ty-six of this a. t, ir shall be the duty of the said commission- 
 ers, in all c?ses where th^ saidcounc'l may have ordered, in 
 conformity wi-.h iseiMion a»ie liur.died and seventy-live of 
 this act, I'i-^t ".e (Cit ')*■ ihe said works or improvements 
 shall be bnuo in v.hcio or in p,u-t, by the proprietors or 
 parties in teresi 'd. b'^iiefite;^ or to be benefited by the said 
 works or improve.'iifnts, to assess and apportion, iii such 
 
isU. 
 
 Ciljj of Montreal. 
 
 Cap. 51. 
 
 iio 
 
 re- 
 
 mannor as to them mny appear most reasonable and just, 
 the price or compensation, indemnity, dama»-e and cost ol" 
 such expropriation or inii)roY(^ment,' in Avhole or in part, 
 conformably to the resolution of tht^ said council, upon all 
 and every the piec«^s or parcels of land or real estate benefit- 
 ed by such improvement, and comprised within the boun- 
 daries previously fixed and settled in pursuance of sub- 
 section eioht of section one hundred and seventy-six of this 
 act ; and the said commissioners shall, for the \nirj>oses of 
 the said improvement, basi^ their valuation upon the actual 
 value of the said ]>iec(\s or parcels of land or real estate, irre- 
 spective of buildinus thereon erected, taking- into account 
 the size of the said pieces or parcels of o-round or real estate, 
 and the benefit to be derivinl from the said improvement ; 
 provided howi>ver, that when the boundaries within which I'roviso : 
 the assessment is to be made as afor(\said shall cover a more 
 than ordinary area, or the number of proprietors to be 
 assessed shall exceed one hundr(>d, then, in every such 
 case, the said commissioners shall take as the basis of their 
 assessment the valui^ of the ]->i(Tes or parcels of lands or 
 real estate benefited as albrt^said, the said value, as set forth 
 and established in and by the <>'eneral assessment roll of the 
 said city, last made and revised ; 
 
 2. Immediately after the completion of the said special Roii when 
 assessment roll, the said commissioners shall deposit the ^°'7''«'°.'* '° 
 
 11 /•»• 1 • ii ^r« 1. .1 • 111. 1 bo depositoJ. 
 
 same, duly certified, in the olhce ot the city clerk, lor the 
 examination and inspection of all parties interested ; and 
 they shall give public notice of the completion and deposit of Notice to bo 
 the said special assessment roll, in at least, two English and ^"*^°' 
 two French newspapers publishi'd in the said city ; 
 
 3. Such notice shall have at least two insertions in the Tenor of 
 said iiew\spapers, and shall set forth that the commis-""''*"'' 
 sioners have completed the said special assessment roll and 
 
 that the same has been deposited in the oifice of the city 
 clerk, where it may be seen and examined liy any person 
 interested therein during the delay specified in the said 
 notice, which delay shall in no case be less than fifteen 
 days from the last publication of the said notice, and that 
 after the expiration of that delay, at a day and hour to be 
 stated in the said notice, tlu^ commissioners will meet, at 
 the city-hall, to review the said special i*oll of assessment ; 
 
 4. On the application of any person conceiving himself <^o'"-/» '~«" 
 aggiieved, it shall be the duty of the said commissioners, """P "'""• 
 on the day and at the hour and place above mentioned, to 
 
 meet and to hear and examine all complaints, in relation 
 to the said special roll of assessment ; and they may adjourn 
 from time to time, as may be necessary, to hear and deter- 
 mine such complaints, and after such examination the said 
 commissioners may maintain, modify or amend, at their 
 discretion, the said special roll of assessment, Avithout the 
 necessity of any further notice ; 
 
g6 
 
 dap. 51. 
 
 City of Monlrtdl. 
 
 37 Vicf. 
 
 FinftI roll to be 
 Icl't with the 
 city treasurer. 
 
 I 
 
 Duties of com 
 may be per- 
 formed by a 
 majority of 
 them. 
 
 5. The said special roll of assessment, when iinally settled 
 by the said commissioners, as aibresaid, shall be liled and 
 kept of record in the city treasurer's oifice ; and the said 
 special assessment shall be dne and may be recovered 
 by the corporation of the said city in the same manner as 
 the ordinary taxes and assessments which the said corpora- 
 tion are authorized to impose and levy by this act. 
 
 ISO. The duties assigned to the said commissioners by 
 the precedhig sections of this act, in reference to expro- 
 priations, may be performed with the same Ibrce and eltect 
 by the concurrent majority of the said commissioners ; and 
 in every case Avhere a difference of opinion may arise 
 between the said commissionei-s, the decision of the majority 
 of the said commissioners shall have the same force and 
 effect, as if the whole of the said commissioners had con- 
 curred therein. 
 
 Com. to be I8T. "When the corporation of the said city, after having 
 
 !^]i"?^!'^„i°»,.= resol".^d to carrv out an imnvovenient, at the cost of the 
 
 BiS'iOiS in cases ... •! . i i • i n i • i 
 
 of nmicabie parties interested, in whole or lu part, shall have acquired 
 arrangement y^j amicai^le arrangement and v.ithout having recourse to 
 proceedings in expropriation, all the pieces or parcels of 
 ground required for the said improvement, the said corpo- 
 ration may, by a petition to be addressed to the superior 
 court, or to any judge thereof in vacation, in the manner 
 provided in the sub-section t\vo of section one hundred and 
 seventy-six of this act, cause to be appointed three commis- 
 sioners for the special purpo/e of making and determining 
 the apportionment or special assessment to cover the cost 
 of the said improvement, :'n whole or in part, as the case 
 may be ; and the said commissioners shall make such ap- 
 portionment or special assessment in the manner specified 
 in the foregoing section one hundred and eighty-live. 
 
 If roll of as- IS8. "When a special roll of assessment, or any other 
 aside^another' assessmeiit wliatsocvcr made by the assessors of the said 
 may bo made, city, or ^"le commissioiieis of expropriation, or any muni- 
 cipal officer whatsoever, to defray the costs of any impro- 
 vement or work executed in the public interest, shall be 
 defective, or shall be rejected and annulled by the superior 
 court, or by the circuit court, or the recorder's court, or by 
 any judge of the said courts, as the case may be, commis- 
 sioners shall be appointed i)i luaiiner aforesaid, whose duty 
 it shall be to proceed to make out a Jiew roll of assessment 
 or apportionment, in order that such improvement, as 
 aforesaid, may be paid by the parties interested, when the 
 Proviso: couucil of the said city shall have so determined ; provided 
 always, that this section shall not have the effect of render- 
 ing valid any such assessment roll, which may be defective 
 
Vict. 
 
 1874 
 
 City of Montreal. 
 
 Cap. 51. 
 
 87 
 
 by reason of the illegality of trie resolution of the council, 
 upon which such roll is based ; and provided also, that 
 said commissioners be itppointed as follows: one by the 
 corporation, one by the proprietors (collectively) named 
 in the roll of assessment set aside, and the third by a judge 
 of the superior court ; and in case of the failure on the part 
 of either the said proi)rietors interested or the said corpo- 
 ration to select an arbitrator within ten days after proper 
 notice shall have been'' given to make such selection, the 
 said arbitrator shall be appointed by a judge of the superior 
 coiirt. 
 
 189. The mode prescribed in the preceding sections for **°'^°.°r"* 
 expropriations and for levying and determining special ex'tenlTed^to 
 assessments shall have force and ell'ect, and shall be follow- ''"provomcnts 
 
 J1T1.1 ,, . , orderod before 
 
 ed and applied, not only as regards works or imi)rovemeiits pnsaing of this 
 which the council of the said city may hereafter order to »«*• 
 be carried out, but also with respect to any work or impro- 
 vement which the said council may have resolved at any 
 time before the passing of this act to carry out. 
 
 190. The corporation of the said city may open, continue, o'^oT'treets 
 or widen any streets or highways, and establish public boyond city 
 parks or squares, beyond the limits of the said city, ^^A ''*"'"• 
 acquire any piece or parcel of land required for any oi ;■ .. 
 
 said purposes, in the saiiK* manner, and by following tne 
 same formalities as those proscribed in and by this act for 
 similar improvements within the limits of the city ; pro- Proviso : 
 vided always, that before exercising any of the powers con- 
 ferred upon it by this section, the said corporation shall be 
 held to obtain the consent of the municipality within the 
 limits of which such powers are to be exercised. 
 
 191. Corporations, ecclesiastical or civil, whose property, Corporations 
 or any part of whose property, shall be conveyed to, or omiTpanlaUon. 
 taken by the said city under the authority of this act, may 
 
 invest the price or compensation i)aid for the property so 
 conveyed or taken, into otlu'r real property ii? any part of 
 this province, and may take and hold the samv without her 
 Majesty's letters of mortmain, any law to the contrary not- 
 withstanding. 
 
 19*2. It shall be lawful for the council of the said city to Local im- 
 order, by resolution, the eonstruetion of ilag-stone or as- ^I^l^l; jg*|" ^, 
 phate sidewalks, or street graduig in the said city, and to sidewalks. 
 defray the cost of the said \\'orks or improvements out of the 
 city funds, or to assess the cost thereof, in Avhole or in part, 
 as the said council may, in their discretion, deem proper, 
 upon the proprietors or usufructuaries ot the real estate 
 situate on each side of such streets, public places or squares, 
 
 
88 
 
 Cap. 51. 
 
 City of Montreal. 
 
 87 ViOT. 
 
 
 in proportion to the frontage of the said real estate respec- 
 tively ; and in the latter case it shall be the duty of the city 
 surveyor to ap})ortion and assess, in a book to be kept by him 
 for that purpose, the cost of the said works or improve- 
 ments, or such i)art thereof as the said council may have 
 determined should be borne by the said proprietors or usu- 
 fructuaries, upon the said real estate, according- to the 
 frontage thereof as aforesaid ; and the said assessment, when 
 so made and apportioned, shall be due and recoverable, the 
 same as all other taxes and as.set^snients, before the recorder's 
 court. 
 
 Who shall u \9Vt. Evcry person without a domicile or place of busi- 
 decined noss withiu the limits of the said city, shall be deemed to 
 
 •bsont. 1^^ absent, ithin the meaning of this act. 
 
 Bailiffs to 194. Any bailiti'of the superior court for the district of 
 
 porve notioes, Montreal, or of tiiesaid recorder's court, may serve and post 
 
 up the notiiications recpiired by this act, and make a return 
 
 thereof under his oath of office, 
 
 Record of 
 streets. 
 
 195. The said council shall have power to cause such 
 of the streets, lanes, alleys, high^vays and public squares, 
 ill the said city or any part thereof, as shall not have been 
 hereto^r'-e recorded or sufficiently described, or shall have 
 been opened for public use during ten years, but not re- 
 corded, to be ascertained, described and entered of record 
 in a book to be kept for that purpose by the city surveyor 
 of the said city, and the same, when so entered of record, 
 shall be public hi.rnvays or grounds ; and the record 
 thereof, shall, in all cases, be held and taken as evidence for 
 hiunes oV° '^^^ ^^*^^^ being such public highways and grounds ; provided 
 j'treetstobo that any chaugc made by the said council in the name of 
 any street in the said city, shall, without delay, be rei)orted 
 in writing by the city surveyor to the registrar of the 
 registration division within which is the city of Montreal. 
 
 notified to the 
 registrar. 
 
 Mount Rojal 
 park. 
 
 196. 1. Power is given to the corporation of the said city 
 of Montreal to accpiire and establish a puldic park, to be 
 known as the "Mount lloyal Park," of the extent shown and 
 of the form delii»eated in green on the plan of said park, 
 made by 1', Macquisten, esquire, city surveyor, dated the 
 sixteenth day of November, one thousand eight hundred and 
 seventy-one, a copy of which, signed by the mayor, counter- 
 signed by the city clerk, and with the seal of the said city 
 thereunto affixed, w^as filed of recor^ in the office of the 
 clerk of the legislative council of the s;t 1 province of Quebec, 
 on the twelfth day ol' December, one thousand eight hundred 
 and seventy -one ; and the said corporation is authorized to 
 carry out the said plan, copies of whicl i full or on a re- 
 
 
 el 
 
 i] 
 
 e 
 
 \1 
 
 tj 
 
1874. 
 
 Cilff of Monlieal. 
 
 Cap. 51. 
 
 89 
 
 duced scalo, cortiliod by thii said clork of the It'oishuivo 
 council, shall ho deomod authontii.- for ifll purposes oi" this 
 act ; 
 
 2. The said park shall he corsidored a n-eiicral improve- ^ so"'''"'^' 
 meiit, interestino- equally all parts of the city ; nnprovMnon;. 
 
 3. The coinmissiouiM'H for the valuation of the proj^erty ^'""•'"'"'sioner; 
 required for the said park shall be named, as follows : one Ja)' "•'•'"'"'■ 
 by the corporation, one by the party whose property is to be 
 expropriated, and a third by ajudge of the sui)erior court ; and 
 
 in case of the failure either oi" the owner of the property to l)e 
 expropriated or of the said corporation to select an arbitrator 
 within t'?n days after proper notice shall have been j^iven 
 to make such selection, the said arl)itrator shall be selected 
 by ajudg-eof the superior court; the said commissioners 
 shall, as soon as i)ossible after their ap])ointment, proceed to 
 value the property to be expropriated, and to make their 
 award in accordance with the provisions of section ont> hun- 
 dred and seventy-six of this act ; 
 
 4. The said council are hereby authorized to acquire, })y ''t'-pots nnd 
 the ordinary process of expropriation, as provided in and *oa"i'nIt^o ti.e 
 by the said section one hundred and seventy-six, or l)y i""""^- 
 amicable settlement, all real property within and beyond the 
 
 city limits required for the opening- of streets or avenues 
 leading to the said park, and to assess or cause to be assessed 
 and apportioned in pursuance of section one hundred and 
 eighty-live of this act, the cost of acquiring- such streets or 
 avenues, in whole or in part, as the said council nuiy ha\'«' 
 determined, upon the proprietors ])eneUted by such im]>rove- 
 ment; provided that the right of oi)position conferred on 
 proprietors liable to expropriation in and by the a])o\'e iirst 
 cited section, shall not apply to expropriations to ]>e made 
 for the said park or the streets and avenu'^s leading- thereto ' 
 as aforesaid ; 
 
 5. All the area of land tinted green, and specified on the .P'^^I' |" '».« 
 said last mentioned plan, and required for the purposes of tile city. '" 
 the said park, and the real estate colored in a light neu/ral 
 
 tint on the said plan, shall henceforth form part of the city 
 of Montreal, and be deemed to b(» within the limits of the 
 said cily, for all municipal jmrposes; jirovided, however, Proviso: 
 that the pieces of land which the said corporation nu»y cede 
 or exchange with the trustees of the Mount Koyal ciunetery, 
 in virtue of this act, shall, by the sole fact of such cession 
 or exchange, be deemed to be outside the limits of th(^ said 
 city ; 
 
 6. The corporation of the said city shall have lull aut ho- p^-'^ <'''*'•'" 
 rity to sell, by iniblic auction only, any i)ortion of the land gold. " "^ 
 acquired for the purposes of thi' said park, not tj exceed, 
 how^ever, two hundred and fifty acres of ground acquired ; 
 
 7. The said coriwration mav leave in the hands of the certain pieoos 
 
 1 ^. ■ 1 (• 1 1 • 1 1 1 • ii ot land mav 
 
 proprietors such pieces or parcels of land included in the be left om," 
 
 J2 
 
 .1/1 
 
 ..lA 
 
9f> 
 
 :^ 
 
 Mana(;omoot 
 of the pnrk. 
 
 Cap. 51. 
 
 Cilff vf Montreal 
 
 87 Vict. 
 
 said park, as it may doom iiioxpodii^nt to acquiiv, l)y roason 
 of the exponsivo improvemoiits thorooii, or the peculiar way 
 in which the lots may be sub-divided. 
 
 197. The establishment, mnnao-emont, and supervision of 
 the said ])ark shall devolve upon and be left exolasively to 
 three com}>etent persons to b«' chosen and appointed as com- 
 missioners for that purpose by the council of the said city, 
 who may, by by-law, prescribe the duties, powers, and attri- 
 butions of the said commissioners, and also the r mount of 
 remuneration they are to receive for their services; the said 
 commissioners may be removed ])y the said council and 
 others chosen instead, and they may enter into office imme- 
 diately after their appointment. 
 
 WATER-WORKS. 
 
 \ 
 
 .••I ■ 
 
 Corprr-H 1^8. Thc Corporation of the city of Montreal is authorized 
 
 "*y """''f"*^^ to make, erect, construct, repair, and maintain, in the city 
 within 30 of Montreal, and out and beyond the limits oi the said city, 
 miles. f^j. g^ distance of thirty miles, w^ater-w^orks, together wdth all 
 
 appurtenances and accessories necessary to introduce, 
 convey, and conduct throughout the said city and parts ad- 
 jacent, a sufficient quantity of good and wholesome water, 
 which the said corporation is authorized by this act, 
 to take and distribute for the use and supply of the inhabi- 
 tants of the said city and parts thereto adjacent ; to im])rove, 
 Powers to that alter or remoA'e the said water-works, or any part thereof; 
 effect. ^Q change the site of the hydraulic wheels, engines or scurce 
 
 of supply thereof; to erect, construct, repair and mainiain 
 all the buildings, houses, sheds, w^heels, engines, wattr- 
 * houses, reservoirs, cisterns, ponds and basins of water, ana 
 other w^orks necessary and expedient to convey w^ater to the 
 said city and parts adjacent thereto ; and for this purpose the 
 said corporation may acquire and hold any land or real estate, 
 servitude, usufruct in the said city, or within a circuit of 
 thirty miles from the limits of the said city ; to make con- 
 tracts for the acquisition of any land necessary for the said 
 water-w^orks ; to grant mortgages (h?/polheques) fov the price 
 of such land or any part thereof, remaining unpaid by the 
 said council ; to acquire a right of w^ay wOiereA'er it may ]>? 
 necessary ; to pay any damages occasioned by such w^orks 
 either to buildings or lands ; to enter into contract with any 
 person for the construction of the said water-works in whole 
 or in part ; to superintend and direct the w^orks w^hen com- 
 pleted ; to name and appoint an engineer and all officers 
 and laborers necessary, and to lix their salaries or wages ; 
 to enter during the day-time, upon the lands of private indi- 
 viduals for the purposes aforesaid, and to make excavations, 
 mid take and remove stones, soil, rubbish, trees, roots, sand, 
 
 
1874. 
 
 City of MonlrcaL 
 
 Cap. 51. 
 
 01 
 
 
 gravel, or othorinatevials or lhin<?s, Imt hy paying or oti'oring 
 a rcasoiial)!*' coinponsiUioii lor such materials or things, and 
 by coniorniiiig in all things with the provisions hereinafter 
 made. 
 
 I!M>. The said corporation, after having paid, or offered, '^^"y. ''*''° P°'* 
 or deposited the value ol any real estate it may require lorc.rtainoondl* 
 the purj)Ose of the said water- works, may enter upon and """'• 
 take possession of the same in virtue of this act. 
 
 900. Whoever shall not accei)t the oiler made in -writinir^rP"'"''*" *^*"* 
 by th.^ said corporation lor any land, servitude, or right ol ports to bo 
 way, may agree with the corporal ion to refer the subject iu apFintcd* 
 dispute to appraisers to be iiidillereiitly chosen in manner 
 following, to wit : one by the said corpoiation, another ))y 
 the other party, and a third or umpire, only in case of dif- 
 ference of opinion between the two others ; and in case of 
 the said party neglecting to choofse and appoint an appraiser 
 within six days after notice in writing to that elfect served 
 upon him by or on behalf of the said corporation, or in case 
 of the appraisers chosen and appointed not agreeing upon 
 the nomination of such third or um})ire, an appraiser for 
 such party or such third shall be aj^pointed by any of the 
 judges of tlie superior court residing at Montr<^al ; and the 
 said appraisers and third or umpire shall be sw^orn before 
 such judge, before beginning their proceedings, which shall 
 be conducted in the manner provided by the law of the 
 said province of Quebec for proceeding by experts ; and 
 they shall hear any witnesses who may be brought before 
 them in relation to the matter of the said appraisement, 
 the said witm^sses first sw^orn l)efore any one of the said 
 appraisers ; and the decision of the said two appraisers if 
 they shall agree, or of any one of the said appraisers and the 
 umpire shall be conclusive. notwithstaiidi)ig any defect of 
 form ill their proceedings. 
 
 201. If there shall be any doubt as to whom the com- J^pcLation 
 pensation for any real estate rec[uired by the corporation, if title bo 
 shall or ought to be paid, or to whom the ofler of payment <io"b'f"i- 
 ought to be made, the, corporation shall, in suJi case, deposit 
 the amount of thc^ said compensation in rhe fiands of the 
 prothonotary of the said superior court, at Montreal, to abide 
 the judgment of the said court relative to the distribution 
 of the said sum among the ]mrties who shall l)e entitled 
 thereto, and the said court shall prescribe the mode of call- 
 ing in all parties interested, and make such order or deci- 
 sion in relation to the same, as in its discretion shall seem 
 just and reasonable. 
 
 20a. The preceding sections shall apply to the case ^^°[^«jj°g»^|j., 
 where the said corporation shall desire to exercise a right of tudo?. 
 
 I 
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 IMAGE EVALUATION 
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 Photographic 
 
 Sciences 
 
 Corporation 
 
 23 WIST MAIN STRUT 
 
 WEBSTER, N.Y. MS80 
 
 (716) 872-4503 
 
§2i 
 
 Cap. 51. 
 
 City of Montreal. 
 
 37 Vic* 
 
 
 
 I'owcr to open 
 ground on 
 ruade, kv. 
 
 To Iny jiipcs. 
 
 Avay or servitude ; or cause v/^orks to be done on any private 
 l)roperty; the oorporatici^ shall have the power to exercise 
 these rights, or cause such work to be done, after i^ayment, 
 or oiler of payment, or dei)osit of the amount of indemnity 
 that it may de»'m reajsonable in such case, and if the par- 
 ties interested shall not agree with the said corporation re- 
 8pectin«j; the amoiuit or the award or choice of the apprais- 
 ers, the jnoceedings above mentioned shall be followed 
 accordingly, as the case may be. 
 
 203. The said corjwration shall have power to diff and 
 remove the soil, I'ences, sewers, pavements, of any public 
 hiuhway, road, street, square, hill, market-place, lane, alley, 
 yard, footway, quay, bridj^e, enclosure, ditch, wall, or other 
 passage or place, but making- or causing no unnecessary 
 damage ; to enter \\\)0\\ and make use of any private lands ; 
 to dig and sink' branches ; to lay and drive pipes and 
 accessories thereof; to widen common passages, for the 
 laying and fixing of pi^^es and all such things as may be 
 necessary to convey the water to houses or other buildings ; 
 to alter, repair, replace and maintain such pipes, and other 
 materials, and works, and finally make and do any other 
 act, as shall or may be necessary or expedient for the pur- 
 poses of the said water-works. 
 
 304. It shall be lawful for the said corporation to pass 
 ]iipes along the outside of any house or other building, to 
 funiish water to any other property ; to open and unjjave 
 common passages ; to make trenches to lay pipes and other 
 accessories ; and in siich cases the said corporation shall in- 
 demnify the proprii'tors for any damage occasioned to them. 
 
 Free i.a!B»;ge to J805. Whoever, having the right to do so, shall open, or 
 
 be left. cause to be opt'ued any trench in any street of the said city, 
 
 shall take care to jnvserve a free and uninterrupted passage 
 
 through such street, while the works are in progress ; he 
 
 shall till up the trenches and replace the pavement and gTound 
 
 . in the same condition as that in which they were before 
 
 the works were begun, and without unnecessary delay ; 
 
 oponingB to be lie shall cause the trench to be fenced or guarded with 
 
 r'""i'"'y P"^"" lamps or with watchmen during the night, so that the same 
 
 may not be dangerous to passengers, and in default of so 
 
 doing he shall incur the penalty provided for in section one 
 
 hundred and twenty-four of this act. 
 
 (ieiierBl 
 power. 
 
 Pasming (lipcs 
 alon;; build- 
 ings. 
 
 hi 
 
 Looation of 
 irorks. 
 
 Penalty for 
 
 impeding 
 
 TTorks. 
 
 206. The said water-works and the accessories thereof 
 shall be so located and maintained as in no wise to endanger 
 the public health or safety. 
 
 fM7. If any person shall prevent the said corjwration, or 
 any ix'rson employed by the said corjwration, from erecting, 
 
18t4. 
 
 City of Montreal. 
 
 Cap. h\. 
 
 03 
 
 he 
 
 repairing or completing any of the works, of the said water- 
 works, or from exorcising any of the powers and rights ac- 
 corded hy the foregoing sections, or shall embarrass, or shall 
 interrupt them in the exercise of such rights, or cause any 
 injury to the said water-w^orks, apparatus or the accessories 
 thereof, or obstruct, embarrass, hinder or prevent the w^ork- 
 ing of the said water-works, or the apparatus or accessories 
 thereto belonging, or any portion thereof, or shall cause the 
 same to be done by others, such person shall be liable in 
 addition to the penalty imposed in and })y the said section 
 one hundred and twenty-four, to the damages that the said 
 corporation shall or may suffer from any such act, and the 
 said corporation may recover such damages, with costs, by 
 complaint or suit before the ordinary courts of justice of 
 this province having jurisdiction in the matter. 
 
 208. The said corporation shall have full pow^r to make By-iaws may 
 by-laws to prohibit any occupant of a house or any other punTsh'and 
 real property or of any part thereof, supplied with w^ater prevent waste 
 from the said water-works, from furnishing water to others, "^ ''*''"■ 
 
 or from using it otherwise than for his own use, or for in- 
 creasing the supply of water agreed for, or from wasting it ; 
 to prescribe the size, nature, strength, materials, mode of Toprrscribo 
 aiTangement and repair of the pipes, valves, cocks, cisterns, "''° °^ '"'^''' 
 water-closets, baths, and other apparatus to be used in the 
 said city ; and to interdict the use of any such pipes, valves, 
 cocks, cisterns, w^ater-closets, baths, and other apparatus 
 w^hich in the judgment of the water committee of the said 
 council may tend to the waste, misuse, or undue consump- 
 tion of the water supplied from the said works ; to regulate 
 the time, the mode, and nature of the supply of water from 
 the said w^ater- works, to those to whom it ought to or shall 
 be furnished ; to regulate and establish, by a taritf, the price To fix a tariff 
 of the water, the time and mode of payment, which pay- °^ "'"'' 
 ment may be made in advance if deemed advisable by the 
 said council ; and any other matter, or thing having refe- 
 rence to the said water-w^orks, w^hich it may be necessary 
 or proper to direct, regulate or determine for issuing to the 
 inhabitants of the said city a regular and abundant supply 
 of pure and wholesome w'ator, .and to prevent the practicing to prorent 
 of frauds upon the said corporation with regard to the^"'"*'- 
 water to be supplied. 
 
 209. The said corporation shall have power to appoint in»pector« 
 one or more inspectors empowered to enter, at all reason- ™*nted .°^' 
 able hours, into any house or building, or upon any land thoir powers, 
 traversed by the w^ator of the said w^ater-works, and to ex- 
 amine the cocks, pipes, service pipes, conduits, cisterns, 
 reservoirs or apparatus placed in such house, building o)* 
 
 land, for the purpose of ascertaining the quantity of water . . * 
 
 >tt,» 
 
94 
 
 Cap. 51. 
 
 City of Montreal. 
 
 37 Vict. 
 
 
 
 .1^ 
 
 consumed or supplied, or for placing? or carrying away any 
 meter, instrument, pipe, fitting or other work belonging to 
 the corix>ratiou ; and such entrances and examinations shall 
 be regulated and determined by the by-laws for this pur- 
 pose made, or to be hereafter made, by the said corporation, 
 and to which the said inspectors and all other persons resi- 
 ding either permanently or temporarily in the^said city shall 
 conform and submit, under such penalties as shall be filed 
 or prescribed by the said by-laws. 
 
 Notice when J810. As soon as the corporation are ready to furnish 
 Bre*read ""to Water, to any part of the city not already supplied, they shall 
 furniah water, give public notico thereof, which said notice shall have at 
 least two insertions in the newspapers in which the ad- 
 vertisements of the corporation usually appear, and after 
 such publication, all j^roprietors, tenants and occupants of 
 houses and other immovable property in the said city to 
 ' • which the corporation are ready to supply the water of the 
 said water-works, whether the proprietors, tenants or occu- 
 pants thereof consent or not to receive the said water, shall 
 pay to the said corporation the annual rates fixed and es- 
 tablished in virtue of any by-law already made or to be 
 hereafter made by the said council. 
 
 CoBtofintro- 211. The introduction of the said water into houses, 
 ducing water, gtorcs, shops, offices, placcs of busiiiess, or other buildings in 
 the said city, shall be performed by and at the expense of 
 the corporation ; but the distribution of the water through 
 the said houses, stores, shops, offices, places of business, 
 or other buildings, after being introduced into them, shall 
 be borne by such proprietors or occupiers ; provided that 
 in every case where such proprietor shall refuse or neglect 
 to make the expenses required for the distribution of the 
 said water, and that the said council shall exact the pay- 
 ment of the water-rates from the tenant, then in every such 
 case, such tenant may withhold from the said proprietor, 
 out of the rents to be paid him for the property he occupies, 
 the amount thus paid by such tenant, unless such tenant be 
 bound towards the said proprietor, by his lease or otherwise, 
 to make the expense required for the distribution of the said 
 ProTiso : Water ; provided that in all cases where a building is now 
 or shall hereafter be constructed at any distance from the 
 line of the street, the corporation of the said city shall be 
 held to lay the water distribution pipes to the line of the 
 street only, and the said corporation shall have the ri^ht to 
 exact the water-rate from the proprietor of such building, 
 although the latter shall fail or neglect to connect the said 
 distribution pipe with his building. 
 
 If any person supplied with water from the said 
 
 suffer any pipe, valve, cock, 
 
 The water may 313. 
 
 ceruin°oMeB. watei-works, shall cause or 
 
1874. 
 
 City of Montreal 
 
 Cap. 51. 
 
 95 
 
 cistern, water-closet, bath, or other apparatus to be out of 
 repair, or to be so used or contrived as that, the water sup- 
 plied from the water-works, be wasted, misused, or unduly 
 consumed ; or if any such person shall refuse or neglect to 
 pay the rates lawfully imposed for the water supplied to 
 him from the said water- works, for thirty days after the 
 same are due and payable, the said corporation may cut otl* 
 the water and cease to supply him with water so long as the 
 cause of complaint is not remedied or removed ; which shall 
 not prevent the said rates from running as before, or exempt 
 such defaulter from the payment of such rates as if the 
 water continued to be supplied to him. 
 
 313. The cost of stoppage or suspension of the said sup- Cost of stop- 
 ply shall be paid by the person, institution, or establishment ****** 
 in arrear as aforesaid. 
 
 914. The arrears due as aforesaid shall be recoverable Arrears, from 
 
 p • i i I , !• whom recover- 
 
 irom any person, proprietor, tenant or occupant ol any aWe. 
 building to whom such water shall have been supplied as 
 aforesaid. 
 
 9iS. The said costs, and each and every sum due to the ^^^' ^"^ ™- 
 said water-works by virtue of th(^ foregoing provisions shall 
 be recovered in the recorder's court of the said city, in the 
 manner prescribed by this act. 
 
 JSII6. The said corporation shall have power to make a ingJVhOTJ » 
 special agreement with parties interested for the supply of more thaa 
 water, for any steam-engine, bath, brewery, distillery, J[y'P*{^j^^"P^" 
 manufacture, livery stable, hotel, hospital, nunnery, or other 
 special case ; and the said corporation shall have the right 
 to notify the proprietor, tenant or occupant of any such 
 brewery, distillery, manufactory, livery stable, hotel, or any 
 building or establishment in which any steam engine shall 
 be used, or in which it shall be considered that there is, or 
 ought to be, more than an ordinary consumption of water, 
 that the corporation does not intend to furnish him with 
 water from the said water-works at the ordinary price, and 
 thereupon the said corporation may cease to furnish water 
 to the said proprietor, tenant or occupant, who shall also 
 cease to be held liable for the payment of the said rate with 
 regard to such property ; but the said corporation and the 
 said proprietor, tenant or occupant, may enter into an agree- 
 ment, for any period not exceeding ten years, with respect 
 to the rate or price at which the said water shall or may be 
 furnished to the said property ; and any such agreement, 
 being reduced to writing and signed by both parties, shall 
 be valid and binding. . . -m. 
 
 m 
 
 ». ■ « 
 
Cap. 51. 
 
 City of Montreal. 
 
 37 Vict. 
 
 
 
 
 Council may 
 exempt charit- 
 able institu- 
 tioDt from 
 water-rate. 
 
 Officers may 
 enter premi- 
 •ot. 
 
 Hydrometers 
 may be used. 
 
 Charge there- 
 for. 
 
 Proprietor 
 liable for 
 water rate in 
 certain cases 
 
 Idem. 
 
 317. The council of the said city may exempt from the 
 the water rates, such charitable institutions in the said city, 
 as the said coimcil may see lit. 
 
 SMS. The officers appointed by the council shall, at all 
 reasonable hours, have the right to entt?r into any building 
 or establishment, in resjwct of which any such agreement 
 has heretofore been made or may hereafter be made, to see 
 that the quantity of water stipulated for by the agreement, 
 and no more, is furnished to the property. 
 
 919. The said council may cause hydrometers to be 
 placed for the purpose of regulating, determining and mea- 
 suring the quantity of water to be supplied by the said 
 water-works, either to any house, building, public institu- 
 tion, court-house, gaol, hotel, house of public entertainment, 
 distillery, manuiaetory or any other establishment supplied 
 with water from the said water- works ; and the said council 
 may for that purpose pass any }>y.law which it may deem 
 nece8sar}^ , , 
 
 930. It may compel each and every proprietor, tenant or 
 occupant of any such house, building, public institution, 
 court-house, gaol, hotel, house of public entertainment, 
 boarding-house, brewery, distillery, manufactory, or other 
 establishment, to pay for the fitting up and rent of any hy- 
 drometer, such sum as may be det(»nuined by such by-law. 
 
 331. In all cases of a dwelling-house in the said city, 
 being tenanted by two or more tenants, sul)-tenants or 
 families, the said corporation may require from the pro- 
 prietor of such house, that a separate and distinct service 
 pipe be by him provided lor each such tenant, sub-tenant or 
 family, occupying separate apartments, so that the corpo- 
 ration may at all times have control over the supply of 
 water furnished to each such tenant, sub-tenant or family, 
 residing in the said house, the same as is practiced in cases 
 of single tenanted houses ; and if the said proprietor, after 
 being notified in writing to that effect by the superinten- 
 dent of the water- works, shall refuse or neglect to comply 
 with the requirements hereof, within a reasonable delay, 
 not to exceed fifteen days, such proprietor shall be respon- 
 sible for, and liable to the payment of the rates imposed by 
 the law for the water so supplied to the said tenants, sub- 
 tenants or families, and such responsibility and liability, on 
 the part of the said proi)rietor shall continue so long as he 
 shall not comply with the requirements of this section. 
 
 333. Such responsibility and liability shall apply, with 
 equal force and effect, to any proprietor of a range of 
 
1874. V 
 
 City of Montreal. 
 
 Cap. 51. 
 
 97 
 
 dwell in j^-house8 or tenomonts contiguous to one another in 
 the said city, who shall refuse or neglect to provide eaeh 
 such house or tenement with a sejmTate and distinct ser* 
 vice pipe, alter notice given to him, as aibresaid ; such 
 responsibility and liability shall also apply to the said pro- 
 prietor in all cases where the number of tenants, sub-tenants 
 or families in a dwelling-house as aforesaid, is such as that 
 it be impossible to provide a separate service pipe for each 
 of them, and it shall be lawful for the said corporation to 
 exact from the said proprietor the ordinaiy water rates for 
 each such tenant, sub-tenant or familv. 
 
 city, 
 
 '^ • ' • MIHCKLLANEOUS. 
 
 399. The clerk of the city of Montreal, and the treasurer <7'y *^^"^ ""'^ 
 of the said city, may respectively aftix their signature to the^jj'^ig"n"by 
 certificates and to the notices which thev are required means of a 
 to give by sections fifty-four, fifty-five, eighty-six andS's""'*'" 
 ninety-two of this act, by stamping said signature thereon 
 with a stamp to be previously approved by the council of 
 the said city and used exclusively for that purjwse ; and the 
 signature so affixed shall be, to all intents and piirposes, as 
 valid as if in the hand writing of the said clerk or of the 
 said treasurer; and neither the authenticity of anv such 
 stami^d signature, nor the authority of either of ttie said 
 officers by whom the same may be so affixed shall be called 
 in questioM, except on behalf of the said corporation ; and 
 except tht >fficers above referred to, all persons are hereby 
 prohibited, vmder the i^nalty herein after mentioned, from 
 using the said stamped signatures, and any person know- 
 ingly, using, or uttering any stamped signature intended to 
 represent the genuine stamped signature as aforesaid, shal^'^ 
 upon conviction before the recorder's court, be lial^le to a 
 fine of one hundred dollars cuiTency, and, in default of the 
 immediate jiayment of such fine, to an imprisonment not 
 exceeding two months, for each and every such offence, 
 unless the said fine lUteooner paid. ... 
 
 ' !894. The ccniwration of the said city shall havt^ full Anito rail- 
 1K)W or and authority to subscribe to such number of shares *^** 
 as the said corporation may deem expedient in the capital 
 stock of any railway company, the establishment of which 
 may, in their opinion, tend to promote the interests of the 
 city, or to gTant a bonus to such company, or to lend or 
 guarantee the payment of any sum of money bonowed ])y 
 such company from any corjwration or person ; the whole 
 nevertheless subject to the limitation and conditions con- 
 tained in sub-section five of section one hundred and four- 
 teenof this act. i' ' »' ' - 
 
 13 
 
^ 
 
 Cap. 51. 
 
 City of Montreal. 
 
 37 ViOT. 
 
 
 > 
 
 Power to o!cot 999. The couiicil of the said city may choo»e and elect, 
 torlT*^ '*'"*'' indei:>endently of the mayor of the said city, who, according 
 to law, is ex officio director, such number of directors, not 
 exceeding three, as may be agreed between such company 
 and the said corporation : such directors shall be chosen 
 from among the members of the said council, and shall, 
 concurrently with the mayor, act with the other directors 
 of any company as aforesaid ; they may exercise such rights 
 as are hereby conferred upon them, so long as the amount 
 subscribed or loaned by the said corporation, shall not have 
 been re-imbursed ; the said directors shall be chosen and 
 elected, and, as occasion may require, removed and others 
 chosen instead, and may enter into office, as soon as the by- 
 law required by this act shall have gone through its final 
 passing and the subscription made. 
 
 996. If any railway shall have its terminus or workshops 
 ill the eastern section of the said city, and shall connect the 
 same with the harbour by a line running into the muuici- 
 of iiocheiaga. pajj^y of Hochelaga, or shall have its terminus and work- 
 shops within the municipalitv, the limit of the said city, may 
 in that case be extended by the coi-poration of Montreal to a 
 line to be drawn at a distance of ten arpents to the east- 
 ward of the point where such line joins the harbour, or 
 where such workshops may be constructed and ninning 
 from the river St. Lawrence parallel with the present line 
 until it strikes a prolongation of the northern boundary line 
 of the city. But before any jwrtion of the municipality of 
 Hochelaga is included witnin the limits of the said city of 
 Montreal, the rate-payers of that portion must declare, by a 
 vote of the majority, that they desire to be included within 
 the said limits, but this shall only take place after the by-law 
 to be made by the city council of Montreal authorizing any 
 subscription in favor of the said railway shall have been 
 voted upon and finally disposed of. - -•- 
 
 Power to ex- 
 tend the city 
 limits in the 
 municipality 
 
 I pa 
 che 
 
 iw 
 
 Power to cRtab 997. It shall be optional with the council of the said 
 lino and cr*^ city, to aid railway companies in establishing a railway line 
 trai terminus, or right of Way, through the said city, to connect together 
 the eastern and western extremities of the said city, and of 
 the harbour of the said city, and a station or central termi- 
 nus, within the limits of the said city, and, for such purpose, 
 to acquire, by the ordinary process of expropriation, or by 
 amicable settlement, the land required to establish the route 
 of said railway line, and such station or central terminus ; 
 and power and authority are hereby granted to the said 
 council to fix and determine the time and manner the loco- 
 motives and trains of the said companies shall pass on the 
 said line, within the limits of the said city ; and to regiilate 
 the kind of engines to be used by the said companies on the 
 
 t 
 
 
 
 (] 
 t 
 
VlOT. 
 
 1874. 
 
 City oj Montreal. 
 
 Cap. 61. 
 
 99 
 
 or 
 
 said line, and to establish the conditions ui>on which the 
 said companies may use the said line and station ; and also 
 to exact from such companies the payment of such duties, 
 rates and tolls, as may be established by the said council, to 
 defray the cost of the establishment ot such railway line or 
 rijEsfht of way, and of such station or central terminus. 
 
 JiWI8. 1. The guaj^e of all street railways to be laid and 
 established by any company in the city of Montreal, is 
 hereby fixed at four feet eight and one-hali inches ; 
 
 2. The pattern of rails which shall hereafter be laid on 
 any street, railway tracks on the streets or other public 
 places of the said city, shall be determined by the said 
 council on a vote of the majority of the whole council ; 
 
 3. The said company, in the laying of their tracks, shall 
 conform to the grades of the streets upon or along which 
 such tracks will run, as furnished by the city surveyor, and 
 shall not in any way alter the said grades ; 
 
 4. The location of the tracks of the said line of railway, 
 in any of the said streets, shall not be made until the plans 
 thereof, showing the position of the rails and other works 
 to be done by the company in each street, shall have been 
 submitted to and approved of by the road committee and 
 the city surveyor ; 
 
 5. The said company shall keep the tracks of their road 
 in such condition that the said tracks shall not at any time 
 be elevated above the surface of the street on whicn they 
 are laid, so that vehicles can easily and freely, it all times, 
 cross said tracks at all points and in any direction, without 
 obstruction ; 
 
 6. The said company, as respects the grading, macada- 
 mizing and paving (in stone or wooden blocks,) of the 
 streets in which they will construct their railway, shall be 
 liable for, and shall keep in good repair the roadway, and 
 two feet on each siie of their rails ; and v/heii the said 
 council shall order such macadamizing or parang to be 
 renewed in any street or part of street on which the tracks 
 of the said company are laid, the whole work shall be per- 
 i'ormed by the said corporation, and the said company shall 
 pay to the said corporation their proportion of the cost of 
 such work, including the cost of the crossings as aforesaid ; 
 
 7. If the said company shall neglect or fail to comply with 
 any of the foregoing provisions, or to perform any of the said 
 works or repairs, as aforesaid, the city surveyor shall cause a 
 notice to be served iipon the said company requiring them 
 to comply with such provisions, and to begin such works 
 or repairs (to be specified in the said notice,) within two 
 days after the service of the said notice, and to continue 
 them uninterruptedly till completion ; . >... .- 5 '- 
 
 street rail- 
 
 
 ways, 
 Ouage. 
 
 
 Pattern of 
 
 
 rails. 
 
 
 Orades of * 
 streets to be 
 
 I 
 1 
 
 preserved. 
 
 
 Company to 
 
 submit 
 
 plans. 
 
 
 
 m 
 
 
 W 
 
 To keep tracks 
 in order. 
 
 
 Liability of 
 company as 
 regards the 
 road-way, Ac. 
 
 AVhat? if com- 
 pany neglect 
 to perform 
 works or lo- 
 pairs. 
 
 , f n-»*'. f « » ' *•/> 
 
 ■*»»/• rf<t t -? f ■ 
 
100 
 
 Cap. 51. 
 
 Cil If of Montreal. 
 
 37 Vict. 
 
 PcnaUy, 
 
 > 
 
 Nuiub«r of 
 I'oysoDgei-j in 
 tlio oar^, 
 
 Charge Ihnit- 
 «i| to cenU. 
 
 Company to 
 fnriiiHh 8tato- 
 
 lllfllt (if V09\, of 
 
 w irks. 
 
 Provisions not 
 n]i]ilicnl)1o to 
 thoM. C.P K. 
 Company. 
 
 Companies 
 may connect 
 with the 
 .M C. P. U. 
 company's 
 tracks on cer- 
 tain conditions 
 
 Com. to be 
 appointed to 
 ilutermino 
 amount of 
 indemnity. 
 
 8. It' the said company uhall neglect or fail to comply 
 with the «aid provisions, and to perform the said works or 
 repairs, as directed in the said notice, within the delay 
 aforesaid, such company shall forfeit and pay a fine not ex- 
 cetnling one hundred dollars for every day such neglect or 
 lailure shall continue, after the expiration of the said delay ; 
 and it shall bti the duty of the city sur\'eyor in every such 
 case to cause the necessary legal proceedings to be taken to 
 recover from the said company the amount of such fine ; 
 
 9. The said company as regards the number of passengers 
 to be admitted in each car, shall be subject to such regula- 
 tions as the. said council may determine by a vote of the 
 majority of its members ; 
 
 iO. It shall not he lawful for the said company to charge* 
 more than live cents for each i)a8Kenger carried on their 
 road IVoni one jioint to any olher in the said city ; 
 
 11. So Koon as the said company shall have completed 
 their \\'ovks, and are prepared to convey passengers on their 
 tracks, they shall deliver to the city clerk, for the Information 
 of th(» said council, a detailed statement of the total cost of 
 their works, the said statement to be certified under oath by 
 the president and secretary of the said company ; 
 
 12. The foregoing provisions shall not apply to any por- 
 tion of tlie Montreal city jiassenger railway already con- 
 structed and opened to public use in this city at the passing 
 of this act, nor to any rights already vested in the said 
 Montreal city passenger railway company by anterior 
 legislation or contracts save and except the provisions con- 
 tained in the ninth sub-section of the present section. 
 
 339. 1. Any company having the right by letters patent, 
 or act of incorporation, to run horse cars . within the limits 
 of the city of Montreal, may connect its tracks with the 
 road or track of the Montreal city passenger railway com- 
 pany or of any other company, and use such track for a 
 distance not to exceed three hundred feet ; and whenever 
 any such company, either by itself or by its lessees or as- 
 signs, enters upon and uses, under authority of law, in any 
 manner, the road or track, or any portion thereof, of another 
 such company, and the companies cannot agree upon the 
 mode of such connection, or the manner and stated periods 
 of such use, or the compensation to be paid therefor, the 
 superior court, upon the petition of either party, and notice 
 to the other, shall appoint three commissioners, not inter- 
 ested in the stock of either company, who, after ten days' 
 notice to and hearing the parties interested, shall deter- 
 mine such rate of compensation, or fix the mode of such 
 connection, or the manner and stated periods of such use, 
 having reference to the convenience and interest of the 
 companies and the public to be accommodated thereby, 
 
1874. 
 
 Citv of Montreal. 
 
 Cap. 51, 
 
 101 
 
 and the award of the com..iissioner8, or a m^jor part of 
 them, shall be binding upon the respective companies in- 
 terested therein, until the same is revised or altered by 
 other commissioners appointed in the same manner ; but 
 no such revision or alteration shall be made within one 
 yoar after the last award ; 
 
 2. "Whenever commissioners are so appointed to deter- a» <o extent 
 mine the compensation to be paid for the use of the road "^ '"''"'"""3' 
 or track of another company, they shall, if desired by either 
 
 party, determine the compensation to be paid therefor, 
 from the commencement of such use ; excepting however, 
 such period of time, if any, as is covered by the award of 
 previous commissioners, or by agreement of the parties ; 
 
 3. Whenever such entry upon and use of the tracks of Monthly in- 
 another company are hereinafter made, the company so S!',' unm'" '" 
 entering and using shall, until the rate of compensation is <om. (iet.r 
 lixed by commissioners, or by agreement, pay monthly for "J.'°®,,"^|^"".' 
 such use, from the time of entry at such rate as the superior 
 
 court shall, on petition of either party, and ten days' notice 
 to the other, from time to time, order ; but the rate of com- 
 pensation thus lixed by the court, shall not be deemed in 
 any mannei, to preclude the judgment of commissioners as 
 to the amount which ought justly to be allowed and paid 
 for such use ; 
 
 4. In case a company, so using the tracks of another what? if com- 
 company, fails to pay the monthly payment herein pro- j|*yf ^"*^^ *" 
 vided for, the further use of said tracks may be restrained 
 
 from such use by the superior court, until all payments, in 
 arrear, have been made or satisfactorily secured ; 
 
 5. If the compensation fixed by the commissioners for Difference in 
 such prior use of the tracks of any company, exceeds the coml^Ind that 
 rate previously fixed by the court under the third sub-sec- «'f ••'.o <•«".«'• 
 tion, the excess shall be paid by the party using such tracks ; '^'■"^'*^*'* '•""• 
 and in case it falls below such rate, the difierence shall be 
 deducted from the compensation subsequently accruing : 
 
 6. In all cases heard before commissioners under the pro- '^'^fj"- '"'" 
 visions of the preceding sub-sections, the expenses and costs, 
 attending the same, including the compensation of the 
 commissioners, shall be paid by such party, or divided 
 between the parties, in such proportion as such commis- 
 sioners determine ; 
 
 7. The court appointing the commissioners, shall fix and '^^^ f*'" <=•>"> 
 award them, such compensation for their services and ex- 
 penses as is deemed by the court just and reasonable, not 
 exceeding six dollars per diem ; provided, however, that 
 
 not more than ten days shall be allow^ed for any one case ; 
 
 8. No railway company shall have the right to place or No rails to le 
 lay its rails on or across any of the streets of the city of,h|.',,r,\'i',',',|'J 
 Montreal, save and except under the express permission of "anntion .r the 
 the council, had and obtained at a regular meeting thereof ; *"""""'■ 
 
 
 I 
 
I 
 
 102 
 
 Cap. 
 
 51. 
 
 City of MoHtreaf. 
 
 37 ViOT. 
 
 Chimney 
 pweepors. 
 
 »•*■ 
 p"--* 
 
 TarifT In he 
 inailc. 
 
 > 
 
 and all sach companies Bhall be amenable to the by-laws 
 of the corporation ; and for thiH purpose the council is 
 eraiwwered to pass any by-laws imposing such fine, in the 
 nature of a penalty, as they may consider for the well beini»- 
 and safety of the citizens, or for the enforcement of the 
 obligations of such railway company towards the city. 
 
 930. It shall be lawful for the said council to grant to 
 persons intending to pursue the occupation of chimney 
 sweepinj? in the said city, or in any part thereof, a license 
 to sweep chimneys for gain or hire in the said city, or in 
 such part thereof as the license so to be granted may extend 
 to, upon the payment of such duly or tax in that behalf, 
 and upon such other terms and conditions as the said 
 council may deem it exjiedient to impose ; and from and 
 after the passing of this act, no person shall, for gain or 
 hire, sweep any chimney in the said city, or in any part 
 thereof to be designated in such license, without having 
 received from the said council a license to that effect ; such 
 ])evson so licensed, shall not sweep any chimney after the 
 time for which his license shall be granted, or beyond the 
 limits mentioned in such license, or charge, or receive 
 either directly or indirectly, any greater sum for the sweep- 
 ing of any chimney or for any work performed under such 
 license, than he may be allowed to charge under the tarilt* 
 to be established in that behalf, as hereinbefore provided ; 
 the whole under a penalty not to exceed twenty dollars for 
 each and every offence against any of the provisions of this 
 section. 
 
 331. The said council may suspend or revoke any 
 license granted to carters or drivers of public vehicles, in 
 the said city ; to ferrymen plying to and from the said city ; 
 to chimney-sweeps, and generally all licenses whatsoever 
 granted by the said council, for any offence or cause of 
 misconduct, or violation of any by-law relating to or con- 
 cerning such persons holding any such licenses, ^ii^/^nvt/^j,* 
 
 Council ftnJ !sl3d. And whereas many cases arise of enquiries nto 
 
 H^iXriloTto f*^*s before the said council, as well as before committees 
 
 hold certain thcreoi', wheu tlic iutercfits of justice would be promoteil, if 
 
 uivcstigntions. ^j^^ witnesses brought forward could be examined on cath, 
 
 and power were given to the said council and commiiteos 
 
 to compel the attendance of witnesses before them ; 1 -e it 
 
 therelore enacted ; that upon any enquiiy being entered into 
 
 before the said council or any committee thereof, other than 
 
 those already provided for by law, it shall be lawful, for 
 
 the mayor or the acting-mayor of the said city, to issue his 
 
 summons requiring any person to appear ])efore the said 
 
 ronneil, or any committee thereof as aforesaid, for the pur- 
 
 Lioensci may 
 be revoked. 
 
1874. 
 
 Cilff of MutUreaf. 
 
 Cap. 61. 
 
 103 
 
 said 
 and 
 
 I)Orte of giving evidence tonchiuji^ the said enquiry or in- 
 veHiiffation ; and if any person so summoned shall neglect 
 or refuBe to appear at the time and place appointed by such 
 Hummons, and no reasonable excuse for his absence shall 
 be proved before the said council or committee, or if any 
 person appearing in obedience to such summons, shall re- 
 fuse to be examined on oath touching the said enquiry, it 
 shall be lawful for the said mayor to enforce the attendance 
 of such person, and to compel him to answer all lawful 
 questions by the like means as are used for such purposes 
 in the ordinary courts of civil jurisdiction in the province 
 of Quebec ; and every person so neglecting or refusing to 
 appear, or refusing to be examined on oath as aforesaid, 
 shall, on conviction thereof before the recorder's court, 
 forfeit and pay such sum of money not exceeding twenty 
 doUurs, or be liable to such imprisonment not exceeding 
 thirty days, as to the recorder's court shall seem meet ; and 
 the said mayor or ucting-raayor, or the chairman of the said 
 committee (as the ca.se may be,) is hereby authorized to od- 
 mini-;ter the oath to the said witnesses. » ,, . 
 
 «:J». The notilicatiou.s generally, which are required to iJ'J, ",;;[■"" 
 be giren by this act, and specially the notices in relation to given, 
 the water-works of the said city, or which are required to 
 be given to parties supplied with water from the said 
 works, may be given by the officer of the said council 
 authorized to give the same, by public advertisement there- 
 of in at least two newspapers published in the English 
 language, and two newspapers published in the French 
 language in the said city ; and such notices shall be pub- 
 lished in each case for such period of time as may be deemed 
 reasonable. 
 
 .1. l/U' ll'y.ini/4'- 
 
 «34. The said corporation as regards damages it may ^J„*"j*bJ*or- 
 cause in the exercise of its powers, shall have the same poration. 
 responsibility as is imposed upon the said corporation, in 
 and by the several acts hereinafter repealed. 
 
 Cai<o of nun- 
 juridioftl dajr 
 
 a35. If the day on which anything is to be done in 
 conformity with this act happens to be a non-juridical day, 
 such thing may be done with equal effect on the next 
 juridical day thereafter. . . ' 
 
 936. This act shall not in any manner restrict or affect °"'^""'"'"' 
 the powers conferred upon the harbour commissioners of 
 Montreal under the various acts relating to the said harbour. 
 
 aST. This act shall not affect in any manner the rights JJj'h,^'.''-''''*^'' 
 of Her Majesty, her heirs and successors. 
 
104 
 
 Cap. 51. 
 
 Cily of Montreal. 
 
 37 ViOT. 
 
 Moniroai *i38. Nothing contained in this act shall be construed to 
 
 turnpi trust, ^.^jy^jj-^, qj. jjj j^j^y maimer affect the rights and powers by law 
 
 vested in the Montreal turnpike trust ; and in the event ol' 
 the extension of the city limits contemplated in this act, 
 causing any damage or injury to the said trust, said dam^ 
 ages shall be ascertained and determined by amicable ar- 
 rangement, arbitration, or in the manner relating to ordinary 
 exproj^riation within the limits of the said city. 
 
 ALiermeu. 339. From aud after the passing of this act, every mem- 
 
 ber of the council of the city of Montreal, with the excep- 
 tion of the mayor, shall have the title of alderman. 
 
 .TiiiM ifii 
 
 Intcrprctatiun 
 Couucll. 
 
 Mayor. 
 
 Corporation. 
 
 Ilecorder's 
 court. 
 
 City. 
 
 •' Oiie-thjrd," 
 '• two- thirds " 
 of tbe council, 
 
 iiumber. 
 
 "Shnll" 
 "shall not" or 
 "may," 
 
 340. 1. Whenever the following words occur in this act 
 they shall be understood as meaning as follows : 
 
 2. 1 he words " council," " city council," shall mean th«? 
 council of the corporation of the city of Montreal, unless the 
 context necessarily or plainly indicates a different meaning ; 
 
 3. The words " mayor," " alderman," " aldermen," " mem- 
 bers of the council," " clerk," " city clerk," " treasurer," " city 
 treasurer," shall mean that the same are respectively the 
 mayor, aldermen, councillors, members of the council, and the 
 clerk and treasurer of the corporation of the city of Montreal ; 
 
 4. The words " corporation," " said coiporation," shall mean 
 the corporation of the said city of Montreal ; 
 
 5. The words " recorder's court" shall mean th3 recorder's 
 coui-t of the city of Montreal ; and the words " recorder," 
 " said recorder" shall mean the recorder of the city of Mon- 
 treal or his deputy ; 
 
 6. The words " city" or " said city" mean the citynnf Mon- 
 treal or the corporation of the city of Montreal (as the case 
 may be,) in conformity with the provisions of this act ; - i-' 
 
 1. The words " one-third of the members composing the 
 council," "two-thirds of the council, orof the members of the 
 council," " a majority of the members of the council," shall 
 resjwctively mean one-third, or two-thirds, or a majority at 
 least, of the members composing the council of the city of 
 Montreal, exclusive of the mayor of the said city ; 
 
 8. All words employed in the singular number, or in the 
 masculine gender only, shall mean one or more matters and 
 things of the same kind, and one or more persons, men and 
 women, and bodies corporate, as well as private individuals, 
 unless the contrary shall be specially stated, or that the con- 
 text plainly or necessarily conveys a different meaning; and 
 the word " shall" shall be considered imperative and the 
 words " shall not" shall be prohibitory, and the word " may" 
 shall be permissive. 
 
 TV* c**'!''**'' *'**■ -^^^ following acts are hereby repealed, to wit : 
 ■'°' ' the seventh Victoria, chapter forty- four; fourteenth and 
 
1874. 
 
 City of Montreal. 
 
 Cap. 51. 
 
 105 
 
 J'.' 
 
 14,15 V 
 
 ., c. 
 
 128. 
 
 
 10 v., 
 
 26. 
 
 27, 127, 
 
 128, 
 
 19 v., c. 
 
 70. 
 
 23 v., c. 
 
 72. 
 
 24 v., c. 
 
 67. 
 
 25 v., c. 
 
 41. 
 
 27, 28 V 
 
 ,0. 
 
 60. 
 
 
 29 v., c. 
 
 58. 
 
 2!t, 3(» V 
 
 , c. 
 
 S6. 
 
 
 31 V.c. 
 
 37. 
 
 32 v., c. 
 
 70. 
 
 34 v., c. 
 
 .•!7. 
 
 rj v., 0. 
 
 32, 
 
 ne v.. c 
 
 34. 
 
 Proviso 1 
 
 fifteenth Victoria, chapter one hundred and twenty-eight ; 
 sixteenth Victoria, chapter twenty-six; sixteenth Victoria, 
 chapter twenty-seven ; sixteenth Victoria, chapter one hun- 
 dred and twenty-seven ; sixteenth Victoria, chapter one hun- 
 dred and twenty-eight ; nineteenth Victoria, chapter seven- 
 ty; twenty-third Victoria, chapter seventy-two; twenty- 
 fourth Victoria, chapter sixty-seven ; twenty-fifth Victoria, 
 chapter forty-four ; twenty-seventh and twenty-eighth Vic- 
 toria, chapter sixty ; twentv-ninth Victoria, chapter fifty- 
 eight; twenty-ninth and thirtieth Victoria, chapter fifty- 
 six; thirty-first Victoria, chapter thirty-seven, (Leg. Trov. 
 Quebec) ; thirty-second Victoria, chapter seventy, (Leg. Prov. 
 Quebec) ; thirty-fourth Victoria, chapter thii-ty-seven, (Leg, 
 Prov. Quebec) ; thirty-fifth Victoria, chapter thii-ty-two, 
 (Leg. Prov. Quebec), and thirty-sixth Victoria, chapter fifty- 
 four, (Leg. Prov. Quebec), —with the exception however of 
 sections twenty-three, eighty-five, eighty-six, eighty-seven, 
 eighty-eight and eighty-nine of the said act fourteenth and 
 fifteenth Vict., chapter one hundred and twenty-eight, and 
 so much of section eighty of the same act as relates to the 
 penalties imposed on persons giving false evidence in the 
 recorder's court ; — which said sections and part of section 
 shall remain in full force, notwithstanding the repeal of 
 the said last cited act. 
 
 ^S>, The repeal of the acts mentioned and recited in the Saving oianp« 
 next preceding section shall not lie understood as affecting*!. "«•!'*" , 
 
 ,, =" ., , , . 1 . 1 1 1 '=' effect of » lie li 
 
 any matter or thing done, or required to be done, resolu- repeal. 
 tions, decisions, orders or other proceedings of the cotmcil of 
 the said city, debentures, promissory notes, shares, or obliga- 
 tions issued, or by-laws, rules and regulations made under 
 and by virtue of the said acts ; but the said matters or things, 
 debentures, promissory notes, obligations, by-laws, rules and 
 regulations and the obligations of the coriwration, and of 
 every officer and servant in respect of the same, and the 
 sinking fund to be provided, shall continue to be regulated 
 by the said acts recited in the preceding section, until they 
 shall be changed, altered, replaced or repealed by any pro- 
 ceeding adopted in virtue of this act, in which case all such 
 matters and things, resolutions, decisions, orders or proceed- 
 ings, debentures, promissory notes, obligation^, rules, by- 
 laws, regulations and orders, as the case may be, shall be re^ 
 gulated and controlled by this act. 
 
 943. Any matter or thing done, res ilui ions, decisions, ceruin mat - 
 orders or other proceedings of the said council, del)entures, tiMi,'by"-iawfl, 
 promissory notes, stock and obligations issued, and all by- *« . to remain 
 laws or rules now in force in the city of Montreal, and made '" *^°"*" 
 in conformity with the acts incorix>rating or relating to the 
 incorporation of the said citv, shall continue, and do coij- 
 
 14 
 
 
106 
 
 Cap. 51. 
 
 CUy of Montreal, 
 
 87 Vict. 
 
 sU?- 
 
 tinue in full force and effect, to all intents and purposes, 
 the same as if this act had never been passed until they 
 shall be legally altered, amended, replaced or repealed, as 
 the case may be, in virtue of this act. 
 
 Corporation to 
 continue 
 uninterrapt« 
 edly. 
 
 
 > 
 
 Acta repealed 
 by repealed 
 aots to remain 
 repealed* 
 
 This aot to 
 come into 
 force imme* 
 diately after 
 its sanction 
 with certain 
 exceptions. 
 
 344. Nothing in this act contained shall be construed to 
 dissolve the corporation composed of the inhabitants of 
 the city of Montreal as heretofore existing under a different 
 name; but the same shall be held and deemed to continue 
 to exist by the name given to it in this act, and subject to 
 the provisions of this act, being one and the same corpora- 
 tion with the corporation of the " city of Montreal." rr.; 
 
 34tS. All acts and parts of acts repealed by the acts 
 hereby repealed, and recited in section two hundred and 
 forty-one of this act, shall be and remain repealed ; and 
 all acts and parts of acts inconsistent with the provisions 
 of this act shall be, and are hereby repealed. 
 
 940. This act shall come into force immediately after its 
 sanction, with the exception of the provisions in relation to 
 the registration of voters and the mode to be followed for 
 the nomination and election of mayor and aldermen in the 
 said city, which shall come into force only on the first No- 
 vember next ; and till then, .the voters' list to be made and 
 revised, and the nomination and election of mayor and 
 aldermeit'to be held, shall be so made and revised and so 
 held, at the same period, and in the same manner as pre- 
 scribed for the voters' list last made and revised, and for 
 the nomination and election . of mayor and councillors last 
 held in the said city ; and for that purjKJse the acts here- 
 inbefore repealed, or such of them as relate to the regis- 
 tration of voters, the revision of the voters' list and the 
 municipal elections, as aforesaid, shall, as regards such 
 registration, revision, nomination and election only, remain 
 in force until the said first day of November next ; provided 
 however, the formality of the certificate prescribed in and 
 by the last cited acts and the obligation imposed upon the 
 electors to obtain and fill up such certificate to enable them 
 ifi vote, shall be done away with, and shall not apply to any 
 municipal election to be held in the said city, prior to the 
 first day of November next, as aforesaid ; but each qualified 
 elector may, at such election, present himself at the city 
 hall, and then and there openly vote for the candidate for 
 whom he desires and is entitled to vote ; and his vote shall 
 be registered accordingly ; provided also, that the city 
 clerk may, at any such election, provide in the city hall as 
 many pollix\g places foi each v rd in which there will be a 
 contest, as may be deemed convenient : and shall procure 
 suitable poll books to register the votes at such election ; 
 
 
 
1874. 
 
 City of Montreal. 
 
 Cap. 51. 
 
 107 
 
 and at the close of the polls, on the last day of such election, 
 the board of revisors, hereinbefore established, shall meet in 
 the city-hall, to ascertain the total number of votes recorded 
 for each candidate, and shall duly report the same to the 
 said council as hereinbefore proA idea. 
 
 347. The following schedules shall form part of this Schedules of 
 
 L the present act; 
 
 ■:U>:,.\' 
 
 SCHEDULE A. 
 
 Oath of Mai/or or Alderman. 
 
 < t. . 
 
 {See Section 20.) 
 
 " 1, A. B,, having' been elected mayor, (or Alderman, dsfhe 
 case may he) for the city of Montreal, do sincerely and so- 
 lemnly swear, that I will faithfully fuliil the duties of the 
 said oflice, according to the best of my judgment and abi- 
 lity ; and that I am seized and po.ssessed, for my own use^ 
 of real estate, in the said city of Montreal, after the payment 
 or deduction of my just debts, of the value of four thousand 
 dollars, {or two thousand dollars, as the case may be,) and that 
 I have not fraudulently or collusively obtained the same, or 
 a title to the same, for the purpose of qualifying myself to 
 be elected mayor, (or alderman, as the case may be,) as afore- 
 said : So help me God." 
 
 (Signature.) 
 
 
 V 1- 
 
 oany 
 
 the 
 ilified 
 
 city 
 ite for 
 shall 
 
 city 
 tail as 
 
 1 be a 
 
 SCHEDULE B. 
 Form of Notice to Electors of completion of the " Voters^ List'* 
 
 [See Section 30.] , - • - . ^ 
 
 Corporation of Montreal, 
 voters' list. 
 
 Public notice is hereby given that the municipal voters' 
 list for the several wards of the city of Montreal, made by 
 the assessors and checked by the city treasurer, according 
 to law, has been delivered to the undersigned, and that the 
 
108 
 
 
 ■li 
 
 i . 
 
 hi 
 
 iV 
 
 Cap. 5Ji 
 
 Cily of Monlredt. 
 
 37 ViOT, 
 
 said voters' lint shall be kept in the office of the undersigned, 
 in the city-hall, for the examination of all concerned, at rea- 
 M>nable hours, to wit : from ten o'clock, in the morning, 
 till four o'clock, in the afternoon, every day, until the final 
 tevision thereof. 
 
 Public notice is hereby further given, that the board of 
 revisers, apjwinted by law to revise the voters' list, will meet 
 in the city hall, at the hour often o'clock, in the morning, on 
 the fifth day of Febniary next, and daily thereafter, at the 
 same place and hour until all the said voters' list is revised 
 and settled j and that the revision of the said list shall be 
 proceeded with in the following order, viz. : 
 
 The board will revise — . 
 
 The lists of the east, centre and west wards, on the fifth 
 of February next, (and so on, allotting one successive day for 
 the revision of the list for each of the remaining wards of 
 the aaidcity; ; 
 
 And any elector who shall deem himself aggrieved by 
 the omission of his name, in the said voters' list, or by any 
 -annotation set against his name by the city treasurer as 
 aforesaid, or who may desire to object to any name on the 
 said list, shall be held to appear, either personally, or 
 through his'representative, before the board of revisors, to 
 make good his claim, on whichsoever of the above men- 
 tioned days that the list in which such elector is interested 
 "W ill be under reWsion. 
 
 (By order,) 
 
 (Signature,) ' ' 
 
 City Clerk. 
 
 City Clerk's Office, City Hall, 
 Montreal, {dale.) 
 
 SCHEDULE C. * ' ' ' ''' 
 
 . Form of Certificate of revision of the Voters^ Lists, 
 
 ISee Section 32 ] 
 
 I, the undersigned, do hereby certify that the above list 
 of voters for the electoral district number in the 
 
 ward of the city of Montreal, for the current year, has 
 
1874. 
 
 City of Montreal. 
 
 Cap. 51. 
 
 been revised by the board of revisors, according to law, and 
 that is the exact number of qualified 
 
 municipal voters in the said electoral district. 
 
 (Signature,) 
 
 • : Chairman Board of Revisors. 
 
 > ■ City Clerk • ., 
 
 City Hallj 
 Montreal, 
 
 18 
 
 109 
 
 
 it; 
 111 
 
 SCHEDULE D. 
 Commission of a Reluming Officer or Poll Clerk. 
 
 : " [-Se* <S«!c/ion 36 ] 
 
 To (give name, occupation and residence,) know 
 
 you, that in my capacity of chairman of the board of revi- 
 sors of the city of Montreal, I have appointed, and do hereby 
 appoint you returning officer, {or poll clerk, as the case may 
 be,) for tne poll number of the electoral dis- 
 
 trict, in the ward of the said city, to act in that ca- 
 
 pacity according to law, at the election of mayor (or Alder- 
 man, as the case may be), to be held in the said city (or ward, 
 as the case may be, stating the particular ward in which the 
 election is to take place), on the day of the month of 
 
 Given under my hand, at Montreal, this 
 day of the month of 
 
 (Signature.) 
 
 fr 
 
 »f 
 
 -— =:.iJ- „i^ 
 
 --" i^^t'iii;,^- 
 
 .1--^ 
 
 i^.Vi . 
 
 -«*^ 
 

 > 
 
 I 
 
 110 
 
 Cap M. 
 
 City of Montreai. 
 SCHEDULE E. 
 
 37 tiCT. 
 
 ?ft<i' 
 
 M 
 
 n 
 
 2i 
 
 o I 
 
 * t 
 
 !z; 
 
 i I 
 
 ,;.: ./* 
 
 ; y ',\i\: ' '■*' ' - 'l'~ -' 
 
 
 'UIOMg 
 
 n ■ 
 
 ";'^ 
 
 
 'snoipaCqo 
 
 •s^uBuex 
 
 'sianMQ 
 
 •■Madli^aU, Oai 
 
 
 1 i.-, I 
 
 •uoi^ippB ivSqx ipqx 
 
 QQ 
 ^ Pi 
 
 o n 
 
 00 a 
 
 ;>^1-<^'V ^ ! 
 
 3 
 
 52i 
 
 •sjojo^ «q^ JO loqtnti^ 
 
ir,^* 
 
 
 1874. City of Montreal. Oap. 61 
 
 SCHEDULE F. 
 i^-vfV:, Oath of Voters. v ' 
 
 {See Section 38.) 
 
 You swear {or solemnly affirm) that you are {name, resi- 
 dence and occupation of voter, as entered on the list,) whoso 
 name is entered on the list of voters now shown to you 
 {sJiotoing the list to the voter), that you are of the full age of 
 twenty-one years, that you have not before voted at this 
 election, and that you have not received anything, nor has 
 anything been promised to you, either directly or indirectly, 
 in order to induce you to vote at this election : So help 
 you God. 
 
 m 
 
 ;:f'rf * 
 
 
 ■ iitfl.l 
 
 SCHEDULE a 
 Oath of Returning Officer or Poll Clerk. 
 
 ■ {See Section 41.) 'V 
 
 '\, .V 
 
 I, the undersigned, having been appointed returning 
 officer {or poll clerk, as the case may be,) for the poll number 
 
 of the electoral district in the 
 
 ward of the city of Montreal, do solemnly swear that I will 
 act faithfully in my said capacity of returning officer {or 
 poll clerk, as the case may be,) without partiality, fear, favor 
 or affection : So help me God. 
 
 (Signature,) 
 
 i uSh '^*sr' ^^, Returning Officer or Poll Clerk. 
 
 ;:'V,:i\J/ 
 
 k . 
 
 , - f. / 
 
112 
 
 »*»" 
 »**" 
 
 *^ 
 
 f^ 
 
 Cap. 51. 
 
 dtp of Montreal. 
 SCHEDULE H. 
 
 87 Vict. 
 
 Certificile of the Heturning Officer or Poll Clerk, having taken 
 
 the Oath of Office. 
 
 . , (See Seeiion 41.) 
 
 I, the undersigned, hereby certify that on the day 
 
 of the month of , A. B., the returning 
 
 officer {or poll clerk, as the vase may be,) for the poll number 
 
 of the electoral district, in the 
 
 ward of the city of Montreal, took and subscribed before the 
 mayor (or alderman, as the case may be^ naming him,) the 
 oatn of office in such case required of a returning officer (or 
 1X)11 clerk as the case may be,) by the forty^first section of 
 the act {cite this act.) 
 
 In testimony whereof, I have delivered to him this 
 certificate. 
 
 (Signature,) 
 
 City Clerk. 
 
 SCHEDULE J. 
 Oath of the Returning Officer after the closing of the Poll. 
 
 ' ' ' ■'' ' (See Section iS.) A^-- ' 
 
 I, the undersigned, returning officer for the poll num- 
 ber of electoral district, in the 
 ward of the city of Montreal, do solemnly swear that, to the 
 best of my knowledge and belief, the poll book kept for the 
 said poll under my direction, hath been kept so correctly ; 
 and that the total number of votes polled in such poll book 
 is the number of , whereof C. D., a candidate; has 
 polled votes, E. F., a candidate^ has polled 
 
 votes, {and soon, as the case may be,) and that^ to the 
 best of iny knowledge and belief, it contains a true and 
 exact record of the votes given and taken at the said ix)ll. 
 
 • ' '• -_ '' -In I 
 
 (Signature,) A. B., 
 
 Returning Officer. 
 
 Sworn and subscribed before me, at 
 Montreal, this day of the 
 
 month of in the year 
 
 ..^ (Signature,) X. Y., 
 
 Mayo* or Alderman, 
 
1874. 
 
 •V'^^,, 
 
 Cili/ of Montrenf. 
 SCHEDULE K. 
 Oath of Assessors. 
 
 (See Section 73.) 
 
 Cap.al. .^j3 
 
 I, A. B., having- ])eeii appointed assessor for tho citv of 
 Montreal, do swear that I will faithfullv, iniixirtialh-, 
 honestly, and dilio-ently execute all the duties of tlu^ said 
 office, according- to the hest of njv judiyment aiul al)ilifv : »So 
 help me God, 
 
 . u *.. , . (Signature.) 
 
 jy 
 
 ) » i^^ 
 
 SCTTEmiLE L. 
 
 Form of Notice to RatC'pat/fm, 
 
 {See Section 85.) 
 
 Public notice is hereby given, that the assessment roll of 
 the city of Montreal, for "the ward of the said 
 
 city, or the special roll of assessment for the {apecify the 
 purpose for which such roll is made) is completed, and is now 
 deposited in the office of the undersigned, in ilie city hall. 
 All persons whose names appear therein as liable lor the 
 payment of any assessment, tax or duty, are hereby required 
 to pay the amount thereof to the undersigned, at his said 
 office, within ten days from this day, without further nolie.'. 
 
 (Signature,) 
 
 Citv Treasurer. 
 
 City Hall, 
 Montreal, {date.) 
 
 A 
 
\ 
 
 Hi Cap. 51. City of Montreal. 37 ViCT. 
 
 SCHEDULE M. 
 
 Form of Notice for the Collection of Taxes^ Sfc, 
 
 {See S(Ciion^ 86 a»'f 92 ) 
 
 
 COEPOEATION OF MONTREAL 
 
 Mr. 
 
 Copy of Account. 
 Notice Served, * % 
 ( Dale of Notice.) 
 Costs $ 
 
 Notice, 
 
 Corporation of Montreal. 
 Mr. 
 To the City of Montreal 
 
 To Assessment, &c., or Water 
 Kates, &c. 
 
 {Here state Account.) 
 
 ♦ 
 
 Sir, 
 
 Take notice that, having 
 failed to pay the above-men- 
 tioned sum within the time 
 prescribed by public notice, 
 you are hereby required, 
 within iifteen days from the 
 date hereof, to pay the same 
 to me, at my office, together 
 with the costs of this notice 
 and service thereof, as below ; 
 in default whereof, execution 
 will issue against your goods 
 and chattels. 
 
 City Hall, 
 Montreal, {date.) 
 
 Costs $ 
 
 Notice, " '' 
 
 i (Signature,) 
 
 ' City Treasurer 
 
 M 
 
1874. City of Monlieal, Cap. 51. 
 
 SCHEDULE N. 
 Form of Warrant of Seizure. 
 
 (See Section 88 ) 
 
 Province of Quebec, ) j r» » /^ 
 
 Ciiu and ' ''"^ RECORDER 8 Court of the 
 
 115 
 
 District of Montreal. 
 
 City of Montreal. 
 
 The Recorder of the City of Montreal : 
 
 Debt $ 
 
 
 
 Costs 
 
 Warrant 
 
 
 
 1 
 
 
 
 To any Baihffs of the Re- 
 corder's Court of the City 
 of Montreal, in the said 
 City and District of Mon- 
 treal. 
 
 Whereas, A. B. {name and dtsifj^nalion of debtor) hath 
 been required by the treasurer of the said city of Montreal, 
 to pay into his hands, for and on behalf of the said city, the 
 sum of being the amount due by him to the 
 
 said city, as appears by the assessment-roll of the said city, 
 for the year 18 ; and whereas the said A. B. hath neglect- 
 ed and refused to pay unto the said treasurer, within the 
 period prescribed by law, the said sum of ; 
 
 these are therefore to command you forthwith to make dis- 
 tress of the goods and chattels of the said A. B. ; and if 
 within the space of eight days after the making of such dis- 
 tress, the said mentioned sum, together with the reasonable 
 charges of taking and keeping the said distress, shall not be 
 paid, that then you do, on such day as shall be indicated to 
 you by the said treasurer, sell the said goods and chattels 
 so by you detained, and do pay the money arising from 
 such sale unto the treasurer of the said city, that he may 
 apply the same as by law directed, and may render the 
 overplus, if any, on demand, to the said A. B., or othera whom 
 it may concern ; and if no such distress can be found, the)! 
 that you certify the same unto me, to the end that such 
 proceedings may be had therein as to the law doth apper- 
 tain. - "" . 
 
 Given under the hand of the clerk of ] 
 the said Recorder's Court, at Montreal, 
 this day of in the year 
 
 Y. X. 
 
 Clerk of the 
 Recorder's Court. 
 
 'I 
 
m»» 
 
 ■>>^ 
 
 1 10 
 
 Clip. 51. 
 
 a It/ of Montreal. 
 SCHEDULE O. 
 
 37 VtCT. 
 
 Form of Notice of Sale of Goods and Chattels. 
 
 {See StctioH ^Q.) 
 
 . ,.i ■•■•.■■- ' " ' ' 
 
 Public Hotico is hereby jiiwii, that on next, the 
 
 t'haltels of th»» partios hereiual'ler named and deHig-nated, 
 now niidcr soizure ibr non-payment of asHensments {or other 
 dues, as the rase may he.) will be sold by public auction, at 
 the hours and places hereinafter mentioned, to wit : 
 
 
 N.VMKS. 
 
 AMOUNT. 
 
 ri.ACK OK .SALE. 
 
 No. Strbkt. 
 
 HOUR OF iAUi. 
 
 
 
 • 
 
 
 * "i '^ 
 
 
 • 
 
 
 • 
 
 
 
 J ' ■ 
 
 
 ■ .•;*', •'\' 
 
 ■" i . '*■" ''■'■ 
 
 City Hall. 
 Montreal, {dale.) 
 
 • (Signature,) 
 
 City Treasurer. 
 
 ■" SCHEDULE P. t^ ■ - 
 Form of Notice to Water Tenanfs* 
 
 {See Section 9 \.) '. '^^ ' 
 
 i C .- 
 
 ••: ': 
 
 Public notice is hereby given, that the water rates for the 
 current year are now due ; and all persons liable to pay the 
 same, are hereby required to pay the amount thereof to the 
 undersigned, at his office, within ten days from this date, 
 without further notice. -- 
 
 City Hall, . 
 ^lontrcal, {date.) 
 
 (Signature,) 
 
 City Treasurer. 
 
1874. 
 
 City of Montreal. 
 SCHEDULE Q. 
 
 Cap. 51. 
 
 117 
 
 Form of Certificate of Shares in Classes A and B of Consolidai' 
 
 ed Fund. 
 
 {See Section 108.) , 
 
 CITY OF MONTREAL CONSOLIDATED FUND. 
 
 Classes A. or B. 
 PEUMANENT STOCK. 
 
 City Hall, 
 
 Montreal, 
 
 18 . 
 
 Certificate No. 
 
 This is to certify that of 
 
 at the date hereof, is the regis- 
 tered owner, in the books of the corporation of the city of 
 Montreal, of shares, of one hundred 
 
 dollars each, in all amounting to of the 
 
 consolidated fund of the city of Montreal, (as detailed in the 
 margin hereof,) established under the authority of the act 
 of the legislature of Quebec, in the dominion of Canada, 
 passed on the day of 18 . 
 
 ( Vict., chap. ,) intituled: {give title of act). 
 
 s s V 
 k bi ki 
 
 * * X 
 OOX VI 
 
 5M . 
 
 S w — 
 
 Upon the amount of shares in the said permanent 
 stock standing enregistered to the credit of the owners 
 thereof, in the books of the corporation of the city of 
 Montreal, as aforesaid, the city of Montreal will pay 
 interest semi-annually, at the rate of per 
 
 cent per annum, on the first days of May and Novem- 
 ber in each year. 
 
 Sealed with the seal of the corporation of the said 
 city of Montreal, signed by the mayor, countersign- 
 ed by the city clerk, and enregistered in the books of 
 the said corporation by the treasurer of the said city, 
 this day of , 18 . 
 
 [L. S.] 
 
 Registered book, 
 
 City Clerk. 
 
 Folio, 
 
 Mayor. 
 
 City Treasurer. 
 
 > 
 
 I 
 
118 
 
 Cap. 51. 
 
 u -J 
 
 1,0-' 
 
 > 
 
 l^ 
 
 hi 
 
 CUt/ of Montieah 
 SCHEDULE II. 
 
 S7 Vicf. 
 
 Form of Certificate of Shares in Class C. of Consolidated Fund. 
 
 (See Section 108.) ^ 
 
 CITY OF MONTREAL CONSOLIDATED FUND. 
 
 Class Ci > ' 
 
 V 
 
 TERMINABLE DEBENTURES. 
 
 City Hall, 
 
 Montreal, 18 , 
 
 Certificate No. 
 
 This is to certify that of 
 
 is, at the date hereof, the 
 registered owner, in the books of the corporatior of the city 
 of Montreal, of shares of one hundred 
 
 dollars each, in all amounting to 
 
 dollars, of the following terminable debentures of the con- 
 solidated fund of the city of Montreal, issued under the au- 
 thority of the act of the legislature of Quebec, in the Domi- 
 nion of Canada, passed on the day of 
 
 ,18 ,( Vict., chap. ,) intituled: {^ive title 
 of act,) viz: 1st issue of payable 
 
 Upon the amount of the shares in the said terminable 
 debentures standing enregistered to the credit of the owners 
 thereof, in the books of the corporation of the city of Mon- 
 treal, the corporation of the said city will pay interest semi- 
 annually, at the rate of per cent per annum, on the 
 first days of May and November in each year. And the 
 principal sum acccruing at the maturity of the respective 
 issues of the said terminable debentures will be redeemed 
 in full, and paid to such parties as may stand enregistered 
 proprietors in the books of the said corporation, twenty-five 
 years after the date of the respective issues, authorized by 
 virtue of the act hereinbefore stated. 
 
 Sealed with the seal of the corporation of the said city of 
 Montreal, signed by the mayor, countersigned by the city 
 clerk, and enregistered in the books of the said corjMjration 
 by the treasurer of the said city, this day of 
 
 .18 . . . .- : 
 
 [L. S.] 
 
 Registered book, 
 
 City Clerk 
 
 Mayor. 
 
 Folio, 
 City Treasurer. 
 
1874. City of MonlreaJ. Cap. 51. 
 
 SCHEDULE S. 
 Form of Certificate of Transfer of Shares in Consolidated Fund. 
 
 iSee Section no.) 
 
 CITY OF MONTREAL CONSOLIDATED FUND. 
 
 City Hall, 
 
 Montreal, 18 . 
 
 This is to certify that Montreal, 
 
 has this day transferred in the books of the corporation of 
 the city of Montreal, to the credit of 
 
 of 
 shares of one hundred dollars each, in all amounting- to 
 
 dollars of the consolidated fund 
 of the city of Montreal, under the following classes, viz. : 
 
 119 
 
 The said shares are transferable on the books of the cor- 
 poration of the said city or by endorsement by the said 
 
 or attorney 
 
 duly constituted. 
 
 City Treasurer. 
 
 SCHEDULE T. 
 Form'of Transfer of Shares in Consolidated Fund. 
 
 (See Section 110.) 
 
 CITY OF MONTREAL CONSOLIDATED FUND. 
 For value received from 
 
 of 
 
 do hereby assign and transfer 
 
 unto the said 
 
 shares of one hundred dollars each, amounting to the sum of 
 
 dollars in the consolidated fund 
 *f the city of Montr ?al, vi^. ; 
 
». f 
 
 120 
 
 Cap. 51. 
 
 City of Montreal. 
 
 37 Vict. 
 
 of Montreal water works stock, (class A,) 
 
 shares ; of Montreal public property stock, (class B,) 
 
 shares; and Montreal terminable debentures (class C,) 
 
 shares. 
 
 Witness my hand this 
 
 of 
 
 eight hundred and 
 
 Signed in presence of] 
 
 Witness. 
 
 day 
 in the year one thousand 
 
 Signature of parties transferring 
 
 »**' , 
 
 >, 
 
 SCHEDULE U 
 
 Form of Receipt of Transferable Certificates of Shares in the 
 
 Consolidated Fund. 
 
 {See Section 111.) 
 
 Certificate "**^ Shares. 
 
 No. 
 
 CITY OF MONTREAL CONSOLIDATED FUND. 
 
 Class 
 
 Montreal, 
 
 18 
 
 The undersigned being at this date the registered pro- 
 prietor in the books of the corporation of the city of Mon- 
 treal, of share , class of the City 
 of Montreal Consolidated Fund, amounting to 
 dollars, acknowledg*' to have received in lieu thereof, and in 
 
 \i 
 
1874. 
 
 City of Montreal. 
 
 Cap. 51. 
 
 121 
 
 full satisfaction therefor, a transferable certificate for 
 share , class , amounting to 
 dollars of the said City of Montreal ComoHdal- 
 ed Fund, and which said transferable certificate is issued 
 under the authority of the act of the legislature of the pro- 
 vince of Quebec, passed in year of Her Majesty's 
 reiffn Vict., Cap. 
 
 'fs' 
 
 (Signature,) 
 
 Willi psa. 
 
 (Signature,) 
 
 SCHEDULE V. 
 
 Form of Transfer {by endorsement) of Shares of Consolidated 
 
 Fund. 
 
 {See Section 111.) 
 
 Certificate. Shares. 
 
 No. • 
 
 CITY OF MONTREAL CONSOLIDATED FUND. 
 
 Montreal, 18 . 
 
 This certificate will entitle the bearer, on presentation and 
 surrender hereof, to be inscribed on the books of the corpo- 
 ration of the city of Montreal, as registered owner of 
 shares, class of the City of Montreal Consolidated 
 
 Fund, amounting to dollars : and the interest 
 
 on the same, payable, at the rate of per cent per 
 
 annum, semi-annually on the first days of May and November, 
 will only be paid to the bearer hereof. 
 
 City Clerk. 
 Entered and Registered. 
 
 Mayor. 
 
 Folio, 
 City Treasurer. 
 
 % 
 
 1 
 
 ■' ■t.-V*. f^. 
 
 10 
 

 
 122 
 
 Cap. 51. City of Montreal. 37 Vict. 
 
 SCHEDULE W. 
 ' BORROWING rOWERS OF THE CITY. 
 
 {See Section 119.) 
 
 PART I. . 
 
 CITY OF MONTREAL CONSOLIDATED FUND. 
 
 J 
 
 o 
 
 A 
 B 
 
 C 
 
 punposR. 
 
 Montreal Water Works Stock ... 
 Montreal Public Property Stock. 
 
 Amount 
 Dollars 
 
 ;?,ooo,coo 
 
 1,000,000 
 
 Montreal Terminable Debentures |1,000,000 
 
 Total Dollars '5,000,000 
 
 Duration 
 
 Perpetual 
 
 Do. 
 25 years. 
 
 Maxiiuuin Sinking 
 Interest I Fund. 
 
 7 p. cent. 
 
 None. 
 
 2 p. cent. 
 
 PART II. 
 
 FOR GENERAL PURPOSES. 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 I'URPOSK. 
 
 Water Works 
 
 Drainage 
 
 Street Paving and Sidewalks 
 
 Railways 
 
 MouBt Royal Park 
 
 City HaU 
 
 Street Opening and Widening 
 
 Police and Fire Stations 
 
 Slaughter Houses 
 
 Hospital? 
 
 Gaol for Females 
 
 Permanent Exhibition Buildings., 
 
 Amount 
 Dollars. 
 
 ^350,000 
 
 1,500,000 
 
 1,500,000 
 
 1,500,000 
 
 1,000,000 
 
 450,000 
 
 200,000 
 
 170,000 
 
 100,000 
 
 50,000 
 
 25,000 
 
 25,000 
 
 Total Dollars. 
 
 9,870,000 
 
 Maximum'Maximum 
 
 Duration 
 
 40 years. 
 
 Interest. 
 
 7 p cent 
 
 Maximum 
 
 Sinkiug 
 
 Fund. 
 
 2 p cent. 
 < 
 
 In addition to the above, the corporation is aiithorized 
 by this act to borrow annually, subject to the approval 
 and sanction of the municipal electors, a sum, not to exceed 
 fifty thousand dollars in any one year, for any public im- 
 provement, or object, other than the ordinary improvements 
 and requirements already authorized by this act. 
 
 Note. — The loans in part II respectively include the 
 amounts already authorized under previous acts, (see sche- 
 dule appended to the act of the legislature of Quebec, 3G 
 Vict., cap. 54,) and represent the whole expenditure made or 
 to be made out of such loans, up to the date of the passing 
 of this act. 
 
1874. 
 
 Citij of Blontreal. 
 SCHEDULE X. 
 
 Cap. .51. 
 
 Form ofCerlificate of the Cily Treasurer of Assessable Rate. 
 
 (See Section 121 ) 
 
 I hereby certify, lor the inlbrmation of the council of the 
 city of Montreal, that a rate of on the a.s,se.s8C(l 
 
 value of the real property liable to asseissment in the said 
 city, is in my opinion (after making- a fair allowance lor 
 losses and deficiencies in the collection of such rate,) requir- 
 ed to produce a net amount equal to that now due for in- 
 terest, (principal, t/rtwy due) on the city of Montreal consoli- 
 dated fund, or on any of the loans which the said city of 
 Montreal is authorized to make. 
 
 City Hall, 
 Montreal, (date.) 
 
 (Signature,) 
 
 City Treasurer. 
 
 123 
 
 
 SCHEDULE Y. 
 Finm of Oalh of Commissioners in Exjnoprialion. 
 
 (See Section 176, 8. 8. 7.) 
 
 " I having been ax>pointed commissioner under 
 
 " the provisions of the (cite the act) do swear that I will 
 " faithfully, impartially, honestly, and diligently execute all 
 " the duties of the said office, according- to the best of my 
 " judgment and ability : So help me God." 
 
>■ 
 
 r.i". j»v-f'' ■' 
 
 5- ;■ • - < i 
 
 lii-!'": '.*-!■ i4j 
 
 >-' 
 

 
 /.7Af -''^.. !,-■ ^ i 
 
 INDEX. 
 
 PAGES 
 
 ABSENTEES 88 
 
 ACCOUNTS, City Treasiiror's 25, 26 
 
 ACTING MAYOR 8 
 
 ADJOURNED MEETINGS 
 
 of Council ,..24 
 
 AGENTS 
 
 Tax oil 34 
 
 ALDERMEN 8, 104 
 
 How elected 8, 18 
 
 Their qualificalion 9, 10 
 
 Cases of disqualification 19 
 
 Mav be re elected 8 
 
 Not to serve for more th.in one ward 8 
 
 Justices of the peace b 
 
 May resign 8 
 
 Oath to be taken 9 
 
 ANIMALS '^' ' 
 
 Cruelty to 51 
 
 APPRENTICES CI 
 
 APPROPRIATIONS 
 
 How made 39 
 
 ASSESSMENT 
 
 " ofSOcts. per every $4 of rental 31 
 
 '' of 5 cts. per every $4 of assessed value 32 
 
 how made and levied 28 
 
 Revision of 29, 30 
 
 Special to meet interest on debts 32, 33 
 
 To be based on cadastral plan, etc 33 
 
 Tenant liable with right to deduct from rent 37 
 
 On partners 33 
 
 On agents 34 
 
 'On proprietors ;7ar iri'hvis 34 
 
 a 
 
 a 
 a 
 
 ii 
 
 u 
 
 (( 
 
 ii 
 
 ■:.b 
 
 <( 
 
 :n> 
 
 (( 
 
 0^^: 
 
 <( 
 
 "^ ' 
 
 4t 
 
 ..,«.,.?;, 
 
12G 
 
 INDEX. 
 
 
 PAGES 
 
 ASSESSMENT 
 
 " arrears of 
 
 u 
 
 u 
 
 u 
 
 u 
 
 u 
 
 36 
 
 tof — liable to increase 3& 
 
 non paymen 
 
 Property to be sold after 2 years non 
 
 payment of 36 
 
 Privile''e for 5 vears. 
 
 37 
 
 Privilege limited 38 
 
 Speciai-for street im[trovemenls,ho\v made. ..84, 8S 
 Roll when completed to be deposited 85 
 
 •' Public notice to be give 
 
 n 
 
 85- 
 
 u 
 
 a 
 
 Roll may be revised 85 
 
 How recoverable. 
 
 86 
 
 u 
 
 Majority of Commissioners to decide 
 
 Commissioners may be appointed to as- ,,. ,, , . 
 
 soss in cases of amicable arrangement 86 
 
 If roll of assessment l>e set aside, another 
 
 may be made 86, 87 
 
 " Special for sidewalks 87 88 
 
 ASSESSORS 
 
 Appointment of 55, 27 
 
 Their duties 28, 29, 3a 
 
 Their salary ul 
 
 To be sworn 28 
 
 " Protection given to 21> 
 
 AUmONEERS ,,. ... ^ ,^ 
 
 " Tax on.........'...J. ■.„;,;."..■...... !.^^;..l..!.. ^ 3^ 
 
 AUDITOR 25, 26, 42, '61 
 
 u 
 u 
 
 a 
 
 I 
 
 .P 
 
 r 
 
 BAILIFFS 68, 88 
 
 BANKS 3-2 
 
 BARBERS' SHOPS 
 
 '' To be closed on Sunday St 
 
 BILLIARDS 32 
 
 BOARD OF HEALTH 51, 52 
 
 BOARD OF RE VISORS , 15, 16 •/ 
 
 BONDS . .' '. 
 
 " Power to issue 4S 
 
 • " Formof 45 
 
 f^ " How negotiable 46 
 
 ' ''Overdue 46 
 
 BORROWERS 
 
 Protection to. 
 
 wi \ «;«i,w".»( Hiu-{| ij* 
 
 » 
 
 47 
 
PAGES 
 
 .... 3G 
 ....38 
 
 .... 36 
 
 .... 37 
 
 .... 38 
 
 84, 8S 
 
 .... 85 
 
 .... 8S 
 
 85 
 
 .... 8G 
 
 .... 8i> 
 
 .... 8& 
 
 87 
 
 88 
 
 27 
 
 3a 
 
 28 
 29 
 
 >.. 
 
 INDEX. 127 
 
 '. •" ' 
 
 . PAGES 
 
 BORROWING POWERS 
 
 *' Declaration of 46, 47 
 
 BOUNDARIES OF WARDS 2, 3, 4 
 
 BREAD ' ' ^ 
 
 " Sale of— regulated.... 54 
 
 BREWERS 3?, 95, 96 
 
 BRIBERY AND CORRUPTION 20 
 
 BRIDGES 56 
 
 BROKERS 32 
 
 BUILDINGS 
 
 " Mode of construction 58 
 
 " Inspector of buildings 58 
 
 " Maybe demolished at fires 48 
 
 BUSINESS TAX 32 
 
 BUTCHERS' STALLS 55 
 
 BY-LAWS 
 
 " General power 50 
 
 "■ H for special loiin of $50,000 47 
 
 " Penalty imposed by 61 
 
 *' To be submitted to Lieutenant Governor Gl, 62 
 
 i^ " To be publiclaws 62 
 
 CADASTRAL PLAN 
 
 " to serve as basis for assessment 33 
 
 CARDS 
 
 " playing at 50 
 
 CARRIAGES 
 
 -. " Tax on 32 
 
 CARTERS ,• 1 . , ,: . 
 
 " To regulate 60 
 
 CATTLE . 
 
 ^' Impounding of 56 
 
 CFIE MIC AL WORKS 59 
 
 CHIMNEYS 58 
 
 ; t^ Construction of ,.... 58 
 
 " Sweeping of , 59, 102 
 
 CIRCUSES ,, . , 
 
 " Not to exhibit on Sunday 51 
 
 ^^' ■" To be licensed.. 51 
 
 CITY CLERK 25 
 
 " Absence of 26 
 
 "- '»f '' May sign with a stamp certain notices 97 
 

 >■ 
 
 i M 
 
 ■ f 
 
 128 * INDKX. 
 
 'II = /.". t tV.r/Vi PAfiBS 
 
 CITY COUNCIL , . , . 
 
 * I* t Mow cousliliit-'d 7,8 
 
 " Meetingsof (see MKICTINGS) . ".-i.!. 
 
 CITY HALL LOAN 44 
 
 CITY LIMITS 
 
 *' Extension of— forni.'ilitii's to be observed 4, 5, 6 
 
 CITY OFFICERS (see OFFICERS) 
 
 CITY SURVEYOR '25, 61, 77 
 
 CITY TREASURER " u 
 
 " His duties 25, 42 
 
 " Absence of 26 
 
 '• Authorized to levy a rate 48, 49 
 
 " may sign with a stamp 46, 97 
 
 CLERK RECORDER'S COURT 65, 66 
 
 COAL 
 
 " SaUi of 54 
 
 COAL OIL , 59 
 
 COCK FIGHTING 51 
 
 COLLECTION OF TAXES 34 
 
 " of water rates 36 
 
 COMMISSIONERS (park) 90 
 
 'V of exprr irialioii (see Expropriation) 
 
 COMMITTEES 
 
 " may b8 appointed 11 
 
 " may hold investigations 102, 103 
 
 COMMUTATION (Statute labor) 82 
 
 CONFISCATION 
 
 " of articles deficient in weight .'...../..;!.■ 54 
 
 '' of unwholesome meat etc .'. 55 
 
 CONSOLIDATED FUND 39, 40 
 
 CONTESTED ELECTIONS 11 
 
 COUPONS 45 
 
 .v0 .,.-'■''-,'■;,, ■;■■ iiK^ 
 
 DAMAGES 103 
 
 DICE, iplaying at) 50, 51 
 
 DIRECrOHS (Railway) 98 
 
 DISCOUNT 
 
 " on assessments, etc., water rales 38 
 
 DISQUALIFICATION . ' . 
 
 .,, " or Mayor and Aldermen 10 
 
 DISTILLERS 32, 95, 96 
 
 DOGS 32, 51, 56 
 
25, 
 
 42 ' 
 
 • •• 
 
 26 
 
 48, 
 
 49 
 
 i6, 
 
 97 
 
 Bo, 
 
 66 
 
 
 54 
 
 
 59 
 
 • • •• 
 
 51 
 
 
 34 
 
 
 36 
 
 
 90 
 
 'Ui. 
 
 INDLX. 
 
 129 
 
 PaGKS 
 
 DOOU STi:i>S 57 
 
 DRAIN AG K 
 
 " loan 43 
 
 DRAINS (sec SKWK IIS) ... ,• j .. 
 
 '; : \ '' M ,:,':,:.- 
 
 ELECTIONS JO, 17, 18, 19 
 
 '' Drib ry ami cornqitioii at 20 
 
 ELECTORAL DISTHICTS | i 
 
 ENCUMHKIUNG STRKKIS 57 
 
 ENQUIRIKft 100, 103 
 
 EQUALITY OF VOTES 22, 21 
 
 EXECUTIONS— lor la.xe?, etc 3i, 67, 69 
 
 EXPENDITURE limitod 39 
 
 EXTRACTS OF MINUTES, clc 23 
 
 EXPROPRIATIONS 
 
 " Mode! of procedure 7(> 
 
 " Appointrneut of Commissioners 76 
 
 " Nolico in the Post.oflicc 7(» 
 
 " " in nowspapors 76 
 
 " " to be posted on lots 7() 
 
 *' Conrt to appoint connnissioners 76,77 
 
 " Their qnalificalion 77 
 
 '' Commissioners held to act 77 
 
 " Exemptions 77 
 
 '' Commissioners to Ije fnrnished with plans 77 
 
 " "•' to bo sworn 77 
 
 " " their powers, ijalary, etc 77 
 
 " " to deteiinine first who are bene- 
 fitted 77, 
 
 " Partii.'S interested may object 78 
 
 " Commissioneis to decide if parlies objec- 
 ting are the majority 78 
 
 '• Right of veto not to apply to new streets 
 
 on general plan 78 
 
 " when less than 30 feet remain 78, 79 
 
 j. " Commissioners to be fnrnished with title deeds.. 79 
 
 " PLxamination of witnesses 79 
 
 " Majority of commissioners to decide questions... 79 
 
 • " Increased value of residue of property 79, 80 
 
 u " If commissioners fail in their duty 80 
 
 " In case any one should die ••.. BO 
 
 i^: " Report of Commissioners to be submitted "i / 
 

 fli 
 
 23IIIH 
 
 130 INDEX. 
 
 . , ,, PAGES 
 
 EXI'ROPRIATIONS • • ' "' 
 
 to court for counrinalion 80, 8t 
 
 ** Conflnnalion final and without nppoal 81 
 
 " Recourse of i)arty expropriated as to 
 
 amount of iiuhMnniiy 81 
 
 " Noiud(Mnnity for l)uildinf,'s eroded after 
 
 posting up notices J?!, 82 
 
 '' After conflrnialion, amount of compensa- 
 tion to be deposited 82 
 
 " Effect of siu'h deposit 82 
 
 " Mortgages removed 82 
 
 " Recourse of mortgagees 82 
 
 " Money how distriluil(>d 82, 83 
 
 " " not liable to tax or commission 83 
 
 " Prolhonotai-y to pay over interest 83 
 
 " Right of jv/o suspended in certain cases 83 
 
 •' Notice to he given 83 
 
 ^' Provisions extended to compensation for 
 
 alteration of level:*, etc 83, 84 
 
 /' Corporation may acquire a certain extent 
 of land over that reiiuired for 4^he im- 
 provement, under certain restrictions 84 
 
 " New mode of expropriation, extended to . 
 improvements ordered before the pas- 
 sing of this act 87 
 
 " Power to open streets beyond city limits 87 
 
 " BiililTs authorized to serve and post up notices.. 88 
 
 * -w ■ 
 
 FACTORIES 
 
 " Soap and candle 52, 53, 50 
 
 FENCING 
 
 '• Lots to be enclosed .1. ...... .".'....'.. 53 
 
 FERRYMEN 61 
 
 FINES 61 
 
 " How recoverable 64, 70, 71 
 
 '' Remission of 72 
 
 " Costs 73 
 
 " Amendment of errors 73 
 
 FIRE CRACKERS 55 
 
 FIRE DEPARTMENT 
 
 " To regulate 58 
 
 FIREWOOD 
 
 " Sale of 54 
 
* 
 
 iM)i:x. 
 
 ill 
 
 rAf.M 
 
 FISCAL YKAH 38, 39 
 
 GAMING .;.... SO 
 
 GAS LIGHTING Gl 
 
 GUAGE (SCO RAILWAYS) , 
 
 '■'■" H 
 
 HARBOUR COMMISSIONERS 103 
 
 HAY AND STRAW 
 
 " Salo of 
 
 HEALTH OFFICERS 52 
 
 HORSE RACING 51 
 
 HORSES 
 
 " Tax on 32 
 
 5i 
 
 1 i 
 
 I 
 
 32 
 
 INNKEEPERS • 
 
 «' Tax on 
 
 INSPECTOR OF BUILDINGS 58 
 
 INSPECTORS OF MEAT 55 
 
 INSURANCE COMPANIES 
 
 " Tax on 32 
 
 INTEREST 
 
 " on arrears of assessment 38 
 
 INTERMENTS 
 
 " in the city prohibited 52 
 
 INTERPRETATION CLAUSES • 104, 105 
 
 INVESTIGATIONS 102, 103 
 
 JOINT OWNERS 
 
 • c « Liability of. 
 
 JUNK STORES 
 
 JURIDICAL DAYS.... 
 
 71, 72 
 
 54 
 
 ... 103 
 
 KYTES • 
 
 ni- ;■- i: ^f^ 
 
 LESSORS AND LESSEES <^3 
 
 LEVELS : •••••• S''') ^^' ®* 
 

 > 
 
 ft: 
 
 132 
 
 1NDEX„ 
 
 PAGfiS 
 
 , . , ■ . . ,'/ \ ( 
 
 LICENSES 
 
 " may bj revoked 102 
 
 LIGHTING 61 
 
 LIME AND STONP] ■ • ■•■••••■• 
 
 " to be sold by weight 55 
 
 LIMITS OF THE CITY '. 1 
 
 " extended-formalities, to be observed 4, 5, G 
 
 LOANS 
 
 u 
 U 
 
 ■ ■■ . «■ 
 
 ' . w 
 
 (i 
 it 
 u 
 
 (( 
 (( 
 
 u 
 
 <-\ a 
 
 ■' u 
 
 (( 
 
 a 
 
 LOTS 
 
 Water-Works .:.:...::;.;:.:. '.^::;,:.;.v!. J. .V.'.... 43 
 
 Drainage 4S 
 
 Street p-''ving 43 
 
 Railways 43 
 
 Park 43 
 
 GitvHall 44 
 
 Street opening and widening 44 
 
 Police and Fire stations 44 
 
 Slangliter houses 44 
 
 Ho^pi'.als 44 
 
 Gaol for females 45 
 
 Permanent exhibition buildings.... 4S 
 
 May or may not form part of consolidated fund.. 45 
 Special loans not to exceed $50,000 per an- 
 num for certain purposes 47 
 
 Schedule of -. 122 
 
 To be fenced in 53 
 
 LUMBEll YARDS 59, 60 
 
 ♦ U I 
 
 
 • 1 I l\ I . > i I 
 
 MARKETS ^' 
 
 Public r. 55, 56 
 
 Private 55 
 
 Site of — may be changed 56 
 
 ■•'''/([ Uli-fiMH U 
 
 How elected... 7, 18 
 
 Justice of the peace 7 
 
 His salary 7 
 
 In case of vacancy..... 7 
 
 Presides at meetings of council 24 
 
 Has a casting vote 24 
 
 Acting mayor 9 
 
 If elected mavor or alderman 7 
 
 u 
 a 
 (I. 
 
 r 
 
 MAYOR 
 
 u 
 (( 
 a 
 u 
 li 
 u 
 
.. 102 
 Gl 
 
 .... 5} 
 
 1 
 
 I, 5, C 
 
 .... 43 
 .... 4» 
 .... 43 
 ... 43 
 ... 43 
 .... 44 
 ... 44 
 .... 4i 
 ... 44 
 ... 44 
 45 
 
 .. 47 
 . 122 
 
 INDEX. 1331 
 
 MAYOR '';" ^■■'' ■ ■ '•'; '^'^ y^'^' '"^'*' 
 
 *' Q'l'ilifliation.,...".!!'..". .,....,.;. l.'.ll .....'.'. 9 ]q 
 
 *' Term of oflice 7 i() 11 
 
 MliETINGS OF COUNCIL ' ' 
 
 " iMonthly 23 
 
 '' Special 23 
 
 " Minutes of 25 
 
 " To bo public 25 
 
 I.' " Who shall preside 24 
 
 •>- '■ Quorum 24 
 
 iv " May be adjourned 24 
 
 " Maintenance of order at 2i 
 
 MILK ., .5^ . _,,f,- , , _ ^^: .J 
 
 " not to be adulterated 54 
 
 MINSTRELS 51 
 
 MINUTES 
 
 " of proceedings 25 
 
 MONTREAL CONSOLIDATED FUND 39, 40 
 
 MONTREAL TURNPIKE TRUST 104 
 
 MORTALITY RETURNS 52 
 
 MUSICAL SALOONS 51 
 
 - . H 
 
 NEW CITY HALL LOAN ' 44 
 
 NOMINATION 
 
 " of candidate? .'. :;.' :.1::.16, 17 
 
 NONRESIDENTS 
 
 .' " suits against 38 
 
 NOTrCE:S ^ 
 
 " liow given '. 103 
 
 NUISANCES 52, 53 
 
 ••- •■ ••■ O ^^" v-'f 
 
 OATH ^'' ■ ' 
 
 " • of voters 19, 111 
 
 ''^ " of mayor and aldermen 9, 107 
 
 ''I " of Board of Revisors 15 
 
 [I '• of ieturning officers and Poll clerks 20, 112 
 
 ** " 0/. assessors 28, 113 
 
 " of comrnissioners ^ 77, 123 
 
 OFFICERS OF THE COUNCIL 25 
 
 ' Duties of 61 
 
 ^^ " Authorized to enter buildings 61, 9t> 
 

 > 
 
 134 
 
 INDEX. 
 
 PAGES 
 
 * OFFICERS OF THE COUNCIL 
 
 " Disqualified from voting 26 
 
 " Cases of defalcation 26, 27 
 
 OIL FACTORIES 59 
 
 OLD WALLS 57 
 
 t '■' 
 
 lA 
 
 PARK-ilGUNT-ROYAL- , J .'! 
 
 Established .; 88, 89 
 
 A general improvement , 89 
 
 Commissioners to expropriate pronorty 89 
 
 Streets and avenues 89 
 
 To form part of the city t 89 
 
 Power to sell pnrt of 89, 90 
 
 Management of 90 
 
 Loan for 43 
 
 tc 
 
 (1 
 (( 
 
 < • M 
 
 , 56 
 
 / l\ 1/ (Hi 
 
 Sf3 
 
 u 
 (( 
 
 PARKS . , . .,, 
 
 " To regulate 
 
 PARTNERS 
 
 " Tax on ...;:... ..:.;.■. .:....;...! 
 
 PAVING AND MACADAMISING 
 
 " Loan for 43 
 
 PEAT 54 
 
 PEDDLARS 57 
 
 PENALTIES ' ' ' 
 
 General 61 
 
 Special 
 
 ^ow recovered * 64 
 
 '' Remission of , 72 
 
 PETROLEUM 59 
 
 PH' TOGRAPHERS 
 
 " To close on Sunday ". 51 
 
 PiuB 54 
 
 PLAN OV THE CITY 
 
 i' liow made 74 
 
 " Surveyors to lay out streets 73 
 
 " May enter upon property 73 
 
 Shall make out plans of streets 73, 74 
 
 Laying out of streets may be made by sections... 74 
 
 Plans to be confirmed by J he Court 74 
 
 When confirmed, binding on all parties..... 74, 75 
 
 Duplxite plan to be made 75 
 
 (( 
 
 (C 
 
 (( 
 
 .t( 
 
 *l 
 
INDEX. 
 
 135^ 
 
 PAGES 
 .... 26 
 
 26, 27 
 ....59 
 .... 57 
 
 88, 89 
 .... 89 
 .... 89 
 .... 89 
 .... 89 
 
 89, 90 
 .... 90 
 .... 43 
 
 ..!^ 56 
 
 43 
 
 .... 54 
 57 
 
 .... 61 
 
 .... 64 
 
 .... 72 
 
 . . .. U>7 
 
 )■■>-} 
 
 (( 
 
 Number of |7. 18- 
 
 Close of 21^ 22 
 
 PAGES 
 
 PLAN OF THE CITY 
 
 " New streets, when to be opened 75 
 
 Term, how interpreted 75 
 
 POLICE FORCE GO 
 
 '*' " Sections of former act relative to, — unrepealed 
 
 -*' ^ (see Sec. 241) 105 
 
 'POLL CLERKS - 
 
 ' " Their commission 13 
 
 *' ■ If absent, by sickness or otherwise 19 
 
 ' ' " Their fees 22 
 
 POLLS 
 
 POUNDS 
 
 " Public 56 
 
 , PRIVATE STALLS 55, 56 
 
 PRIVILEGE 
 
 " for 5 years assessment , &7 
 
 " Limitation of 38 
 
 PROPERTY ' 
 
 : i** . Liable to be sold for arrears of assessment.. ..36, 69 
 
 PROPRIETORS 
 
 .^ *' par iiidivis .. 34 
 
 Q 
 
 QUALIFICATION ^ 
 
 ' ^ *^ of mayor .....9, 10 
 
 < " of aldermen 9, 10 
 
 3 " • of voters , 12, 13 
 
 " of commissioners (in expropriation) 77 
 
 QUORUM 
 
 •" at meetings of council 24 
 
 BACING 51 
 
 RAILWAYS 
 
 *' Loan for 43, 97 
 
 Use of locomotives 57, 58 
 
 Appointment of directors 98 
 
 Terminus at Hochelaga >8 
 
 Right of way in the city 98, 99 
 
 8TUEET RAILWAYS 
 
 maybe established .■ 57 
 
 Guage 99 
 
 Pattern of rails 99 
 
 Grades •■.,.?- 99 
 
 -v.t 
 
 « 
 
 i» 
 
 .a 
 M 
 (( 
 .« 
 (( 
 
p 
 
 
 ^,||6 INDEX. 
 
 PAGES 
 
 RAILWAYS ^i'i;,i A\\T ''lo ;-, / 
 
 i,. " Plans to be submilted 99 
 
 ,,- .'; Tracks lo be kept in order 99 
 
 I.: .,."..'. Liability to repair roadway 99 
 
 ■i,**,'.) Ifcomijany nrglect 100 
 
 " Number of passengers in cars 100 
 
 " Charge or fare limited 100 
 
 ^- " Company to furnish slatemenl of cost of works... 100 
 
 , ( " Provisions not to apply to the M. C. P. 
 
 '• R. Company 100 
 
 ' Right of connection on payment of in- 
 
 " demnitv.... 100, 101 
 
 " Extentof indemnity 101 
 
 " Monthly instalnvnts pending indemnity 101 
 
 " What ? if company fails to pay 101 
 
 " Appointment of commissioners 101 
 
 '• No rails to be laid without sanction of 
 
 " council 101, 102 
 
 ' RATE 
 
 " To bi levied by city Treasurer in certain cases 48, 49 
 " How levied 49, 50 
 
 RECORDERS COURT 
 
 " Established ".'.!..:.! 6? 
 
 " Its jurisdiction 6-2, 63. 
 
 {,, " When and where held 64; 70 
 
 .. ^" •' The recorder 6i, 65 
 
 ','[ ;" The clerk 65,66 
 
 " Summoning ofleuders 60,67 
 
 " '' of witnesses '. 67 
 
 •' Fails et articles 67 
 
 " Executions 67, 69 
 
 " Evidence 67,68 
 
 " Notes of evidence 68 
 
 :/ :" . Bailifis .....68 
 
 P ^-'' Liability of joint of owners 71, 72 
 
 REDEMPTION ^;u.p'<iiL. . . ;. ' rjiuu^-rrA 
 
 " Right of....; • 37 
 
 REGISTER ' - -^ ' 
 
 " of stock : .... 41 
 
 REGISTRATION ^.,.,. a 
 , " of voters ....?.'!.'!'.[." 13, 14 
 
 , REMISSION OF FINES 72 
 
PAGES 
 
 ...... 99 
 
 99 
 
 99 
 
 .... 100 
 
 100 
 
 100 
 
 :s... 100 
 
 .... 100 
 
 00, 101 
 .... 101 
 
 101 
 
 101 
 
 101 
 
 37 
 
 .. 41 
 
 INDEX. 137 
 
 ■';.'■. t 
 
 PA.GE3 
 
 REPEAL . . 
 
 " of former acts ....lOi, '•05 
 
 " not to affect anterior proceedings 105, 106 
 
 REPRESENTATION 
 
 " of the wards 8 
 
 RESIGNATION 
 
 " of members 8 
 
 RETURNING OFFICERS 
 
 " Tiieir commission ^ 18 
 
 .K' " How to proceed at eleclioii 18, 19, 20, 21 
 
 - " To be sworn 20 
 
 '^ Theirfees 22 
 
 •. «' If absent by illness, felc 10 
 
 " To be conservators of Ibe peace 21 
 
 ■ ■ s 
 
 SAISIE-ARRET 70 
 
 SALE OF PROPERTY 
 
 " for arrears of assessminit 36 
 
 '• right of redemption 37 
 
 SALT 
 
 " sale of ...^... V....... 54 
 
 SAW-MILLS 59, CO 
 
 SCHEDULES • 107, to 123 
 
 SEIZURE 
 
 ' '' for taxes etc 35 
 
 " for water rates... 5*6 
 
 SEPARATION WALLS.... 5S 
 
 SERVANTS CI, 63 
 
 SEWERS 
 
 '^ To regultate 56, 57 
 
 " Assessment for 57 
 
 " Loan for 43 
 
 SHERIFF . , 
 " Duties of — in connection with the collec- 
 tion of city duos 36, 37, 49, 69 
 
 SHOWS OR SHOWMEN 51 
 
 SINKING FUND 42, 48 
 
 SLAUGHTERHOUSES 
 , , " To regulate 5o 
 
 " Loan for 44 
 
 .SMOKE 
 
 " of engines to be consumed 59 
 
 SNOW AND ICE 
 
 " ou roofs and sidewalks 57 
 
 ■I 
 

 138 INDEX. ' 
 
 • ■ 
 
 PAGE* 
 
 SOAP AND CANDLE FAGTORIKS 52, 53, 59" 
 
 SPECIAL MEETINGS OF COUNCIL (see MEETINGS) 
 STABLES 
 
 " To be kept clean 53 
 
 STATUTE LABOR 32 
 
 STEAM ENGINES ^ . - k-.oha/ 
 
 " " To consume their own smoke 59 
 
 •' May be prohibited 59° 
 
 STOCK 
 
 " Consolidated fund ....V.....39, 40 
 
 ■■ " Transferor 41, 42 
 
 STONE AND LIME 
 
 /.' " To be sold by weight 54 
 
 STREET RAILWAYS (see RAILWAYS) .; r . i | 
 
 STREETS 73 
 
 '' Widtn of 57 
 
 " Level of 57, 84 
 
 . " Plan of 74 
 
 r-. '' How laid out 74 
 
 ■" Power to open — inthecity 75 
 
 ,, *' , ** beyond the city 87 
 
 ^, " Register of 88 
 
 , .{" Obstructions in 57 
 
 " Loan for paving and macadamizing 43 
 
 " Loan for opening 44 
 
 SUB-DIVISION 
 
 " Of wards into electoral districts 14 
 
 SUNDAY \::.:: 
 
 ''• Observance of.; 57 
 
 '■■ .(' ■ •-• ■•-•■■:• •• ■ "■•tm ■■ • :''■'•■•■■! 'i f i' ■ ' ■' 
 
 TALLOW CHANDLER'S SHOPS 53 
 
 TANNERIES 53 
 
 TARIFF 
 
 " Of water rates .^V;:'^.V.'.."...;. .■.:!:! 95 
 
 ■ " Of ferrymen 61 
 
 ""■ " Of chimney sweepers 102 
 
 TAVERNS ^ ^^ ■• -■.-.:*'*>".>.';.> 'Aa-^' 
 
 " To bo closed during election 21 
 
 " To be closed on Sunday 51 
 
 " Tax on 32 
 
 TAXES 
 
 " BusinesTax 32 
 
V 
 
 ... 53 
 .... 32 
 
 ... 59 
 ... 59' 
 
 •iO 
 42 
 
 5i 
 
 73 
 
 ... 14 
 
 ... 57 
 
 53 
 53 
 
 INDEX. 139 
 
 PAGES- 
 TAXES U, 
 
 '• Payment of obligatory to vote I3 
 
 " Collection of 34 
 
 TELEGRAPH COMPANIES 32 
 
 , TENANT 
 
 5., I " Liable to as&essment with ritrlit to deduct 
 
 from rent 37 
 
 TERM OF OFFICE , ,, 
 
 y '' Ofmayorand aldermen 8, 10 
 
 THEATRES -^ ;■.; -.1 r:' : ■'.: -.•- . — . !■-'-• 
 
 ■ - '^ .. Taxon 32 
 
 " To be closed on Sunday 51 
 
 TRACKS (see RAILWAYS) 
 
 TRANSFER ' :^ 
 
 .....:.:.........:.:;:..::! 41, 42 
 
 " of slock......... 
 
 TREES 
 
 " Planting of 57 
 
 TURNPIKE TRUST 104 
 
 f. 
 
 u 
 
 UNFENGED LOTS... 53 
 
 ■~n 'it-.n- 
 
 l>Q .;; ',. 
 
 L> i.i 
 
 VACANCIES 
 
 " In council — how filled 8, 9 
 
 VACANT LOTS 28 
 
 VEHICLES 
 
 " Tax on ...:............ 32 
 
 VOTERS 
 
 " Qualification of 42, 13 
 
 . " Registration of 13, 14 
 
 VOTERS" LIST ,., ,^ 
 
 How made 13, 14 
 
 Wards to besubdivided 14 
 
 To be checked by City Treasurer 14 
 
 To be reLurned to city clerk when checked 14 
 
 To be revised by Board 15 
 
 To be filed when revised 15 
 
 Copies to be made for returning officers 19 
 
 ua 
 
 (; 
 
 (( 
 u 
 u 
 u 
 *(' 
 
 VOTES 
 
 In case of equality of 22, 24 
 
140 
 
 INDEX. 
 
 w 
 
 PAGES 
 
 
 WAGES •" .•"'-"■'" '' i''"tf' >'J • 
 
 " of servants, ^tc 03 
 
 WALLS 
 
 «' old 57 
 
 " Separation 58 
 
 WAllDS • ' • •• ■'"■" - "'* 
 
 " Bounlaries of 2, 3, 4 
 
 " Representation of....* 8 
 
 " Subdivision of — for eleciion purposes 14 
 
 WATERCOURSES 57 
 
 WATER RATES 
 
 «' Tariff of 93 
 
 " Collection of 36, 70 
 
 " Exemptions of 96 
 
 WATER-WORKS 
 
 Power to establish 90 
 
 " to regulate 61, 93 
 
 '* to acquire land 91, 92 
 
 " to lay pipes, etc 92 
 
 Penalty againsi persons interfering with 
 
 the works 92, 93 
 
 Inspectors may bo appointed 94 
 
 Notice to be given when corporation are 
 
 readv to furnish water ^3, 94 
 
 Distribution pipes how to be laid 93 
 
 Waternot to bo wasted 94 
 
 Supply may be cut off 94, 95 
 
 Special agreement may be made in certain 
 
 cases 95 
 
 Officers authorized to enter buildings 96 
 
 Hydrometers 96 
 
 Proprietor liable for water rates in cer- 
 tain cases 96, 97 
 
 WITNESSES 67 
 
 WOOD YARDS 59. 60 
 
 (I 
 (I 
 
 (C 
 (4 
 
 (( 
 
 U 
 (( 
 (( 
 H 
 
 a 
 u 
 (( 
 
 II .1 II- 
 
 '. ? 
 
 
 •/ii'fii;;-' J-^»"'vj-; i -j' 
 
 .\5 
 
>, 3, '4 
 
 8 
 
 .... 14 
 ... 57