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 1 
 
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 1 
 
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<IP 
 
 .(:>-i^b^ 
 
 i 
 
 AN ACT 
 
 TO 
 
 AMEND AND CONSOLIDATE THE PROVISIONS 
 
 OF 
 
 THE ORDINANCE 
 ^0 MtovpotnU 
 
 THE 
 
 CITY AND TO¥N OF MONTEEAL, 
 
 AND OF 
 
 A CERTAIN ORDINANCE 
 
 AND TO 
 
 VEST CERTAIN OTHER POWERS IN THE CORPORATION 
 CREATED BY THE SAID FISRT MENTIONED ORDINANCE. 
 
 (PUBLiaHBD BY ORDER OP THE CORPORATION.) 
 
 MONTREAL : 
 
 PftlNTED BY JAMES STARKE AND CO. 
 
 1845. 
 
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 I 
 
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 the 
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AN ACT, 
 
 &c. 
 
 WHEREAS, it is expedient to amend and consolidate 
 the provisions contained in a certain Ordinance of 
 the Legislature of the heretofore Piovince of Lower 
 Canada, made and passed in the fourth year of Her 
 Majesty's Reign, intituled, " An Ordinance to incorporate 
 " the City and Town of Montreal," and in a certain other 
 Ordinance of the Legislature of the heretofore Province 
 of Lower Canada, made and passed in the same year of 
 Her Majesty's Reign, intituled, " An Ordinance to amend 
 " the Ordinance to incorporate the City and Town of 
 " Montreal," and to vest certain further powers in the 
 Corporation constituted by the said Ordinance herein first 
 mentioned: Be it therefore enncted, by the Queen's Most 
 Excellent Majesty, by and with the advice and consent of 
 the Legislative Council and of the Legislative Assembly of 
 the Province of Canada, constituted and assembled' bv 
 virtue of and under an Act passed in the Parliament of the 
 United Kingdom of Great Britain and Ireland, intituled 
 " An Act to re-unife the Provinces of Upper and Lower 
 " Canada, and for the Government of Canada, " and it is 
 hereby enacted by the authority of the same, That the 
 inhabitants of the said City and Town of Montreal, and 
 their successors, inhabitants of the same, incorporated 
 under the said Ordinance herein first mentioned, shall 
 continue to be, and shall be, as provided in and by the said 
 Ordinance herein first mentioned, a Body Corporate in fact 
 and in name, by and under the name, style and title of 
 " The Mayor, Aldermen and Citizens of the Citv 
 " OF Montreal," and as such shall have perpetual suc- 
 cession, and a common seal, with pov/er to break, renew, 
 change and alter the same at pleasure ; and shall be cap* 
 able of suing and being sued, and of impleading and being 
 impleaded, in all Courts of Law and Equity and other 
 places, in all manner of actions, causes, and matters what- 
 
 Picamble. 
 
 Ordinance of 
 3 S: 4 Vict, C. 
 36, cited. 
 
 Ordinance of 
 4 Vict c. 3iJ, 
 cited. 
 
 Corporation 
 continued. 
 
 Goneral cor- 
 porate powers 
 granted. 
 
soever, and of accepting, taking, purchasing and holding 
 goods and chattels, lands and tenements, real and personal, 
 moveable and immoveable estate, and of granting, selling, 
 alienating, assigning, demising and conveying the same, 
 and of entering into and becoming a party to contracts, 
 and for granting and accepting any bills, bonds, judg- 
 ments, or other instruments or securities, for the payment 
 or securing of the payment of any money borrowed or lent, 
 or the performance or securing the performance of any 
 other duty, matter or thing whatsoever. 
 
 Limiti of tho 
 City of Mont- 
 
 City ot Mont- ^^' And be it enacted, that the tract of land which, in 
 reaideHned. and bv a Certain Proclamation of His Excellency Alured 
 Clarke, Esquire, Lieutenant Governor of the heretofore 
 Province of Lower Canada, issued under the Great Seal 
 of the said last mentioned Province, and bearing date the 
 seventh day of May, in 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 Mont- 
 real, and which it was therein declared should be thence- 
 forward called by that name, shall, as provided by the said 
 Ordinance herein first mentioned, constitute and be, and 
 be called, the City of Montreal. 
 
 City divid- 
 ed into niiiR 
 Wards. 
 
 Boundaries 
 pf the several 
 Wardd. 
 
 East Ward. 
 
 III. And be it enacted, That for the purposes of this 
 Act, the said City of Montreal shall, from and after the 
 passing of tliis Act, be divided for the purposes of the same 
 into nine Wards, called respectively. East Ward, Centre 
 Ward, West Ward, St. Anne's Ward, St. Antoine's Ward, 
 St Lawrence Ward, St. Louis Ward, St. James Ward, 
 and St. Mary's Ward. 
 
 IV. And be it enacted. That the said Wards of the 
 City of Montreal shall be divided, bounded and limited 
 as follows :— that is to say, the East Ward of the said 
 City, on the South- East by that part of the River St. Law- 
 rence opposite to, and extending from Lacroix Street to 
 the extremity of Walker Lane; on the South- West by the 
 middle of Walker Lane and St. Gabriel Street to Craig 
 Street; on the North- West by the middle of Craig Street" 
 from St. Gabriel Street aforesaid, to Sanguinet Street, 
 and continuing down Sanguinet Street until it meets St. 
 Louis Street, from thence along the middle of the said St. 
 Louis Street to where the said St. Louis Street meets 
 Lacroix Street aforesaid ; lastly, on the North-East by the 
 
 k 
 
centre of Lacroix Street aforesaid to tlie river or point of 
 
 departure. 
 
 The Centre Ward of the said City, shall continue to 
 be, and shall be divided, bounded and limited as follows : — 
 that is to say, on the South-East by that part of the River 
 St. Lawrence opposite to, and extendinj^ from the middle 
 of Walker Lane to the middle of the extremity of Calli- 
 eres Street ; on the South- West by the middle of said 
 Callieres Street, and crossing the interval between the 
 said Callieres Street and St. Fran<j:ois Xavier Street, by 
 the middle of St. Francois Xavier Street to Craig Street; 
 on the North- West by the middle of Craig Street to St. 
 Gabriel Street; and lastly, on the North-East by the 
 middle of the said St. Gabriel Street and Walker Lane 
 to the river or point of departure. 
 
 The West Ward of the said City, shall continue to be, 
 and shall be divided, bounded and limited as follows : — 
 that is to say, on the South-East by that part of the River 
 St. Lawrence, opposite to, and extending from the middle 
 of the extremity of Callieres Street to the middle of the 
 extremity of Grey Nuns' Street ; on the South- West by 
 the middle of the said Grey Nuns' Street to the middle 
 of William Street to the bottom of M'Gill Street, con- 
 tinuing on the South- West by the middle cf M'Gill Street, 
 and by the middle of Commissioners' Square to Fortitica- 
 tion or Glacis Lane, thence westerly to where Fortification 
 or Glacis Lane joins the middle of St. Radegonde Street, 
 and thence by the middle of St. Radegonde Street to 
 Craig Street ; on the North- West by the middle of Craig 
 Street as far as St. Francois Xavier Street ; and lastly, on 
 the North-East by the middle of St. Francjois Xavier Street 
 and Callieres Street to the river or point of departure. 
 
 The St. Anne's Ward : on the North-East by the 
 centre of Grey Nun's Street, commencing at the River 
 St. Lawrence, and continuing to William Street, thence 
 Eastwardly along the centre of William Street, till it inter- 
 sects the centre of M'Gill Street, thence North along the 
 centre of M'Gill Street, to its junction with the centre of 
 St. Joseph Street, thence along the centre of St. Joseph 
 Street to the City boundary ; thence along the said boun- 
 dary line in a South-Easterly direction, to the River St. 
 Lawrence, and thence to the place of beginning. 
 
 The St. Antoine Ward : on the North-East by the 
 centre of McGill Street, and continuing to Commissioners 
 Square, and by the middle of Commissioners Square to 
 
 Centre Wnril. 
 
 West Ward. 
 
 St Anii(-'s 
 Ward. 
 
 St. .Antoine 
 Ward. 
 
Sf, Lawrence 
 Ward 
 
 St. Louis 
 Ward. 
 
 6 
 
 Fortification Lane, thence westerly to where Fortification 
 Lane joins the middio of St. Hadefronde Street, thence 
 by the middle of St. Radeponde Street to Lafruuchetiere 
 Street, thence the North- West side of the centre of La- 
 gauchetiere Street until intersecting the centre of Alex- 
 ander Street, thence the South- West side of the centre 
 of Alexander Street to the centre of St. Catherine Street, 
 thence the North-West side of the centre of St. 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 Durocher Street, thence the South- West side 
 of the centre of Durocher 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 St. Joseph Street, thence to the North-West 
 of the centre of St. Joseph Street, till intersecting the 
 centre of McGill Street, the point of commencement. 
 
 The St. Lawrence Ward : on the North-West side 
 of the centre of Craig Street, commencing at St. Law- 
 rence Main Street and continuing to St. Radegonde 
 Street, thence the North-East side of the centre of St. 
 Radegonde Street to Lagauchetiere Street, thence the 
 South-East side of the centre of Lagauchetiere Street to 
 Alexander Street, thence the North-East side of the centre 
 of Alexander Street to St. Catherine Street, thence the 
 North-West side of the centre of St. 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 St. Lawrence Main Street, 
 thence the South- West side of the centre of St. Lawrence 
 Main Street to Craig Street or the place of beginning. 
 
 The St. Louis Ward, commencing at the centre of 
 St. Louis and St. Denis Streets, continuing South-West 
 along the centre of St. Louis Street to Sanguinet Street, 
 thence along the centre of Sanguinet Street until inter- 
 secting the centre of Craig Street, thence the North-West 
 of the centre line of Craig Street until it arrives at the 
 middle of St. Lawrence JVlain Street, thence the North- 
 East side of the centre of St. Lawrence Main Street to 
 
lification 
 i, thence 
 nclieticrc 
 re of La- 
 of Alex- 
 10 centre 
 le Street, 
 !!!atherine 
 ith-West 
 3 Street, 
 lerbrooko 
 \/^est side 
 jnsion of 
 lon^ the 
 th-West, 
 ection to 
 rth-West 
 ;ting the 
 ment. 
 /Vest side 
 St. Law- 
 idegonde 
 re of St. 
 ence the 
 Street to 
 he centre 
 lence the 
 Street to 
 t side of 
 :e Street, 
 erbrooke 
 st side of 
 IsLvy line, 
 ist, until 
 1 Street, 
 jawrence 
 nning. 
 centre of 
 ith-West 
 it Street, 
 til inter- 
 rth-West 
 !s at the 
 B North- 
 Street to 
 
 the Cit) boinidary lino, thenco alonrr the said line towards 
 the North-oast until intorsectinjr the centre of St. Denis 
 Street, thenco iho South-West of the .centre of St. Denis 
 Street, to the middle of St. Louis Street, the point of 
 commencement. 
 
 The St. James Ward : the North-East side of the ^n-J^'" 
 centre of Lacroix Street, commoncinjv at the River St. 
 Lawrence and continuing to St. Louis Street, from thence 
 the North- West side of the centre of St. Louis Street to 
 St. Denis Street, from thence the North-East side of 
 the centre of St. Denis Street with the extension thereof 
 to the City boundary, thenco along the City boundary 
 line towards the North-East until it intersects the con- 
 tinuation of the centre of Panet Street, thence continu- 
 ing the said line of the centre of Panot Street in a South- 
 East direction until the same shall reach the River St. 
 Lawrence, and thence along the said River to the place 
 of beginning. 
 
 The St. Mary's Ward : the North-East side of the ^^p'' 
 centre of Panet Street, commencing at the River St. Law- 
 rence, and continuing to the City Boundary line, thence 
 along the said line, towards the Nort i-East so far as the 
 same may be found to extend, thenco continuing the said 
 line in a South-Easterly direction until the same shall 
 reach the River St. Lawrence, and thence along the said 
 river to the place of commencement. 
 
 V. And be it enacted, That shall be elected, in the Mayor, ai. 
 manner hereinafter mentioned, one fit person, who shall counciilnA'to 
 be, and be called, the Mayor of the said City of Montreal, L"Kued 
 and a certain number of fit persons, who shall be, and be of the^cHyf ' 
 called. Aldermen of the said City, and a certain number 
 of other fit persons, who shall be and be called, Councillors 
 of the said City ; and such Mayor, Aldermen and Council- 
 lors, for the time being, shall be, and be called, the Council 
 of the said City. 
 
 VL And be it enacted. That no person shall be capa- 
 ble of being elected an Alderman of the said City of 
 Montreal, unless he shall have been a resident householder 
 within the said City for one year next before such election, 
 and unless he shall be seized and possessed, to his own 
 use, of real or personal estate, or both, within the said 
 City, after payment or deduction of his just debts, of the 
 vi.'ue of one thousand pounds currency. 
 
 Qualification 
 fur Alderman 
 
8 
 
 fwCounS VII. And 1)0 It enrtcteil, that no person shall bo cnp- 
 uhlo of boinsf (doctod a Coimcillor of tho said City of 
 Montreal, unless ho shall have been u resident house- 
 hold<5r within tho said City for one year next before such 
 election, and nnless ho shall be seized or possessed, to his 
 own use, of real or personal estate, or both, within tho 
 said City, after payment or deduction of bis just debts, of 
 the value of five hundred pounds, currency. 
 
 ,^fb7°ofM"m; VIII. And be it enacted, That no person shall be 
 fiM- oin.e of capable of beintr elected Mayor, Alderman or Councillor 
 
 Mayor Alilor. „' , , , -^, " /. .» i <• • ■ • 
 
 man or ccmii. oi tlic Said City ot Montreal, or of votuiir at any election 
 or of voting of City Officcrs, who shall not be a natural born or natural- 
 t'ion"")f tuy ized subject of Her Majesty, and of the full af^e of twenty- 
 orticeri. Qj^g years ; nor shall any person be capable of voting or 
 
 of bein<^ elected at any such election, who shall have been 
 attainted for treason or felony, in any Court of Law with- 
 in any of Her Majesty's dominions. 
 
 Persons inca. 
 palile otbt'lrii; 
 electi'U Couii. 
 clllora. 
 
 Qunllflcntion 
 of Votes at 
 tho Klertion 
 of Councillors 
 
 Dvvellinn- 
 houso in tho 
 Ward, on lat 
 Januiiry be- 
 fore the Elec- 
 tion, of tho 
 valiifl of £8 
 rental. 
 
 Residence 
 of one year in 
 ♦he City pro. 
 vioiis to Ist 
 Jany. before 
 
 IX. And be it enacted. That no person being in Holy 
 Orders, or being a Minister or Teacher of any Dissenting 
 or Religious Sect, nor any Judge or Judges, Clerk or 
 Clerks of any Court, or any Member of the Executive 
 Council, nor any person accountable for the City Revenue 
 or receiving any pecuniary allowance from the City for his 
 services, nor any Officer or person presiding at an election 
 of a Councillor or Councillors, while so presiding, nor any 
 Clerk or Assistant employed by him at any such election, 
 while so employed, shall be capable of being elected a 
 Councillor for the said City. 
 
 X. And be it enacted. That the Councillors of the 
 said City of Montreal, at the periods hereinafter appointed, 
 shall be chosen by the majority of Votes of such persons, 
 being inhabitants within the Ward for which such Elec- 
 tion shall be had, as shall severally be possessed, on the 
 first day of January next preceding such Election, of a 
 dwelling-house within the said Ward, held by them 
 respectively in freehold, or for a term of years, or for a 
 term not less than one year, the annual value whereof, 
 if held in freehold, or the rent paid therofor, if other- 
 wise held, shall not be less than eight pounds current 
 money of the said Province, and who shall have been 
 resident within the said City during one year or more 
 previous to the first day of January next before any such 
 
 'i 
 

 
 Election, and who sliall have resided within ll>o particuhir 
 Ward for which such Election shull he hud not hiss than 
 throe rnontlis next heforo the first day of January preced- 
 ing any such Election, and who shall have been rated and 
 assessed, to and in respect of the rates or assesements laid 
 under the Laws and Hy-Laws in force on the first day of 
 January next precedinfr any such Election ; and part of 
 a dwell injT-house in which an inhabitant shall reside as a 
 householder, and not as a boarder or lodger, and having 
 an outer door, by which a separate communication with 
 the street may be alTorded, shall bo considered a dwelling 
 house, within the meaning of this enactment, provided the 
 annual value thereof, or the rent paid therefor, as aforesaid, 
 be not less than eight pounds current money aforesaid, 
 per annum, and every male person though not a house- 
 holder, who shall have been resident in the said City 
 during one year next before the first day of January pre- 
 ceding any such Election of Councillors, and "ho, either 
 individually or jointly as a co-partner with any other per- 
 son or persons shall have occupied any Warehouse, Count- 
 incy-house or Shop within any of the said Wards of the 
 t.aid Ciiy, during three months next before the first day of 
 January preceding such Election, and shall have been 
 rated for not less than one year in respect of such premises 
 for such rate or assessment as aforesaid, shall, whether the 
 year for which he may so have been rated be or be not 
 expired, provided the rate or assessment for that year be 
 paid, bo entitled to vote at the Election of Councillors to 
 be had in the Ward in which such premises shall be situa- 
 ted : And provided also, that no such inhabitant, house- 
 holder or occupier of a Warehouse, Counting-house or 
 Shop, within the said City, shall be entitled to vote at 
 any such Election of Councillors, unless he shall, on or 
 before the first day of January next before the holding of 
 any such Election, have paid the amount of all rates and 
 assessments within the said City of Montreal, that may 
 have been due and payable by him, up to the first day of 
 January next before the holding of any such Election. 
 
 iiirli Electlnn 
 •11(1 of ilirve 
 inonthii with- 
 lu the Ward. 
 
 AntI In hnvn 
 tuuni ii>u-'u<hI> 
 
 Part at i\we\\- 
 \ug houic. If 
 of £S riMitnl, 
 mid haviriK a 
 >v|iara'« niio- 
 munlcntion 
 with thettreet 
 tn he deonii'd 
 n dwulllinK- 
 hijuto, accord- 
 ing tuthliAct 
 
 Co.partneri, 
 — nnt houite., 
 hiildem, hut 
 occupyinK 
 lircmUo* thnt 
 iiro rated for 
 ai>sc!<niiioiit 
 which aro paid 
 up, — to he CM. 
 titled to vote. 
 
 Votcm must 
 have paid all 
 asteiiineiitg 
 due, liel'ore 
 they can vote. 
 
 XI. And be it enacted, That it shall be lawful for the 
 said Council of the said City, by a By-Law or By-Laws 
 to be enacted in this behalf, to make provision for the 
 making of lists or a registration of all persons qualified to 
 vote at elections of Councillors and other City Officers 
 in the said City, whereby the right to vote at such elec- 
 
 Lists to he 
 made of per- 
 sons qualiflcd 
 to vote: 
 
10 
 
 tions may be determined ; and until such provision shall 
 have been made by such By-Law or Bv-Laws, every por- 
 son desirous of voting at any election' of Councillors as 
 aforesaid, shall, before he be permitted to vote, if required 
 by the Officer or person holding any such election, or by 
 any person qualified to vote at the same, make oath to the 
 particulars of his qualification, and that he has not before 
 voted at such election ; which oath the office or person 
 holding: such election, is hereby authorized and required 
 to administer. 
 
 arcmndeou? ^^^' -And be it enactcd, That after provision shall 
 duce^ 'c^et'ti^ r^^, ^6^" T^ade, by a By-Law or By-Laws as aforesaid, 
 catea. for the making of lists or a registration of persons quali- 
 
 hed to vote, whereby the right in individuals to vote may 
 be dotermined as aforesaid, every person desirous of vot- 
 mg at any election of a Councillor or Councillors as afore- 
 said shall, before he be permitted to vote, produce a cer- 
 tificate, under the hand of the proper officer, of his quali- 
 fication pursuant to any such By-Law, and shall, if re- 
 quired by the officer or person holding such election, or 
 by any person qualified to vote at the same, take the fol- 
 lowing oath, which the said ' fficer or person holdincr such 
 election, is hereby authorized and required to adm'nis- 
 
 a'l^^'r's'uS^ i""^ '-^^^f. '^ i« ^^y— :' ^ ^0 s^^ear that I am the person 
 
 tificate is Ob- described in the certificate that I now produce, and that I 
 
 have not before voted at this election.— So help' me God." 
 
 XIIL And be it enacted. That if any person sha' 
 knowingly swear falsely, as to any of the particulars of his 
 alleged qualification, in pursuance of the precedino- ele- 
 venth section of this Act, or if he shall knowingly Iwear 
 falsely in taking the oath prescribed by the precedino- 
 twelfth section of this Act, he shall be deemed guilty o^f 
 wilful and corrupt perjury, and suffer the pains and penalties 
 provided by Law, in cases of wilful and corrupt perjury. 
 
 an liec Jr'"'' XIY. And be it enacted. That persons entitled to 
 may vote. yote at the election of Councillors as aforesaid, shall vote 
 within the particular Ward in which the property consti- 
 tuting their qualification to vote, shall be situated, and not 
 otherwise; and ii any such person be possessed of pro- 
 perty, entitlmg him lo vote in two or more Wards, he shall 
 be entitled to vote in that Ward only in which he mav 
 reside, " ^ 
 
 Any person 
 swearing 
 falsely as to 
 qualification 
 <\e. to be 
 cl'?cmed guilty 
 of perjury. 
 
 I. 
 I 
 
 I 
 
h 
 
 ^- N 
 
 u 
 
 XV. And be it enacted, That the said several Wards 
 shall be represented in the Council of the said City as 
 follows, to wit . — the said East Ward, Centre Ward and 
 West Ward, hv three Councillors each ; and the said Saint 
 Ann's Ward," the said Saint Antoine Ward, the said 
 Saint Lav.'rence Ward, the said Saint Lewis Ward, the said 
 Saint James Ward, and the said Saint Mary's Ward res- 
 pectively by two Councillors each. 
 
 Number of 
 Cuuncillorsto 
 be eli'cted for 
 the several 
 Wards estab. 
 Ii»licd. 
 
 The terra of 
 
 office of the 
 
 Coun. 
 
 guefii's, St. 
 Lawrence and 
 
 St. Mary's 
 Wards detcr- 
 iniucd. 
 
 Rpgiilations 
 a< to the elec- 
 tions nfCi'un. 
 cillors and 
 Assessors lor 
 thrt Eevtral 
 Wards, In 
 March, 1846. 
 
 XVI. And be it enacted, That the term of office of 
 of the several Councillors now representing the Queen's pfc'^nt'L"' 
 Ward, the Saint Lawrence Ward, and the Saint Mary's -' "" •" 
 Ward, in the said Council shall expire and be determined 
 on the 6rst day of March, which will be in the year of our 
 Lord one thousand eight hundred and forty-six, and the 
 said Councillors so as aforesaid representing the said 
 several Wards, to wit ; — Tl»e said Queen's Ward, the said 
 Saint Lawrence Ward, and the said Saint Mary's Ward in 
 the said Council of the said City shall then severally go 
 out of office. 
 
 XVIL And be it enacted. That on the first day of 
 March, which will be in the year of our Lord one thousand 
 eiffht hundred and forty-six, the inhabitant householders, 
 and persons qualified to vote as aforesaid, shall openly as- 
 semble in the several Wards aforesaid, and elect from the 
 persons qualified to be Councillors, two tit and proper per- 
 sons to be Councillors for each of the said Wards, herein- 
 before designated as the Saint Ann's Ward, the Saint 
 Antoine Ward, the Saint Lawrence Ward, the Saint Lewis 
 Ward, the Saint James Ward, and the Saint Mary's V/ard 
 respectively, and also from the persons qualified to be 
 Councillors for each of the other three Wards, namely, 
 the East Ward, the Centre Ward, and the West Ward, 
 respectively, such number of persons as shall be required 
 to supply the place of those who shall then go out of office, 
 and also from the persons qualified to be Councillors as 
 aforesaid, two fit and proper persons to be Assessors for 
 each of all the said Wards, respectively, and that on the 
 first Monday of the month of March in every succeeding 
 year, the inhabitants and persons qualified to vo'ce as afore- 
 said, shall openly assemble in the several Wards aforesaid, 
 and elect from tb.e persons qualified to be Councillors^ for 
 each of such Wards, such number of fit and proper })ersons 
 
 and as to fa. 
 turc elections. 
 
12 
 
 as shall be required to supply the places of those who 
 shall then go out of office, and also from the persons 
 qualified to be Councillors, as aforesaid, two fit and proper 
 persons to be Assessors for each of the said Wards respec- 
 Hohaa's^'" tively. Provided always, that if the day so appointed for 
 such election shall in any year happen to be a holiday, 
 such election shall take place on the day following. 
 
 Councillors 
 for certain 
 Wards to be 
 elected every 
 two years. 
 
 How the 
 Councillors 
 going out of 
 office shall be 
 determined. 
 
 Proviso, as to 
 an ejual re- 
 turn, or no 
 poll. 
 
 Proviso, as to 
 vacancies oc- 
 curring in SIX 
 WarilslK'ydnd 
 I lie cases ()' 
 retiring incin- 
 bers. 
 
 XVIII. And be it enacted, That no Councillor to be 
 hereafter elected for any of the said Wards hereinbefore 
 designated as the Saint Ann's Ward, the Saint Antoine 
 Ward, the Saint Lawrence Ward, the Saint Lewis Ward, 
 the Saint James Ward and the Saint Mary's Ward, shall 
 continue in office without being re-elected for any larger 
 period than two years, and that on the first day of March 
 in each and every year, a Councillor for each and every of 
 the said Wards shall go out of office, and that on the first 
 day of March, which will be in the year of our Lord one 
 thousand eight hundred and forty-seven, that Councillor 
 for each of the said Saint Anne's, Saint Antoine, Saint 
 Lawrence, Saint Louis, Saint James' and Saint Mary's 
 Wards, shall go out of office, who shall have been elected 
 by the smallest number of votes, in each of the said Wards, 
 in the year of our Lord One thousand eight hundred and 
 forty-six. And thenceforward those Members of the 
 Council for each of the said Wards, respectively shall go 
 out of office, who shall have been members thereof, for the 
 lonfjest term without reelection. Provided always. That if 
 any two Members of the Council for any of the said WWds 
 shall have beenelected by an equal number of votes in ihe 
 said year, one thousand eight hundred and forty-six, or if 
 no poll shall have been taken in any of the said Wards in 
 the said year, then it shall be determined by a majority 
 of the Council, which of the Members thereof for such 
 Ward shall go out of office in the year One Thousand 
 Eight Hundred and Forty Seven. Provided also. That 
 if, on the first day of March, in the year One Thousand 
 Eight Hundred and Forty Seven, or any subsequent 
 year, there shall be a vacancy, in the office of any Mem- 
 ber of the Council for any of the said six Wards, here- 
 inbefore enumerated, who would not, under the provisions 
 of this section, have gone out of office on that day, then 
 a Memlier of the Council sh.all be elected for the said 
 Ward or Wards to fill such vacancy, as well as in the 
 place of the Member who shall then go out of office, 
 under the provisions of this section. And provided fur- 
 
 
13 
 
 ther, That any Member going out of office may be re- g„^™t"of 
 elected, if then qualified, according to the provisious of °™eTec^ed^f 
 this Act. '>"*'«'«'•' 
 
 A thiid Af. 
 segnor to he 
 elected by the 
 Council. 
 
 The course of 
 proceeding in 
 making such 
 assessment, to 
 be adopted by 
 the Assessori, 
 described. 
 
 XIX. And be it enacted, That at any Quarterly or 
 Special Meeting of the said Council, after the Election 
 of Members thereof, in the year of Our Lord One Thou- 
 sand Eight Hundred and Forty-Six, and in each succeed- 
 ing year, the said Council shall elect out of the inhabi- 
 tants in each Ward, qualified to be Councillors as afore- 
 said, a fit and proper person to be a third Assessor for 
 each of the said Ware's ; which said three Assessors, to 
 wit, the two Assessors to be so as aforesaid elected by 
 the inhabitants, and persons qualified to vxtte as aforesaid, 
 in each Ward, and the said third Assessor to be so as 
 aforesaid elected by the said Council, shall not in the 
 performance of the duties vested in, and imposed upon 
 them by law, base their proceedings, estimate or assess- 
 ment of property, on a fancied value or rental thereof, 
 as has heretofore often been done, but that they the said 
 Assessors be, and they are hereby required to determine ^ 
 the assessment to be made by themj on the interest of 
 
 the actual value of the property assessed, or upon the 
 actual and bona Jide rent thereof; and when property to 
 be assessed is in the occupation of the proprietor or 
 proprietors thereof, the said Assessors shall be, and they 
 are hereby required, to determine the assessment to be 
 paid thereon, upon and according to the rent which the 
 said property is worth, and would obtain were the same 
 to be leased by the said proprietor or proprietors thereof, 
 at the time the said property is assessed ; and all vacant 
 and unoccupied lots of land within the limits of the said 
 City, facing or bordering on streets, shall be assessed as 
 follows, to wit : the said Assessors shall value the same 
 to the extent of one hundred feet in depth from the line 
 of the streets on which the same shall face or border, 
 and no further, and the assessment shall be made on the 
 interest of the said valuation by the said Assessors, and 
 not upon any presumed or imaginary revenue derived 
 from the said vacant lots. 
 
 XX. And be it enacted, That if at any election of a no person 
 Councillor or Councillors as aforesaid, any person shall c"uiK"io?for 
 be elected a Councillor for more than one Ward of the Xni."'""'^ 
 said Cuy, he shall, within three days after notice thereof 
 
14 
 
 By whom 
 Blecttoni are 
 to be held. 
 
 Refusal to ac- 
 cept appoint- 
 ment to lub- 
 ject the party 
 refuaing to a 
 penalty. 
 
 How and 
 when accept, 
 ance of ap- 
 pointment is 
 to be notified. 
 
 New appoint* 
 ments, in case 
 of refussi, to 
 be made. 
 
 Proviso, as to 
 proceedings 
 had by a party 
 neglectiiiff to 
 accept, but 
 acting in his 
 capacity, and 
 still subject to 
 the penalty for 
 neglect of ac- 
 ceptance in 
 legal form. 
 
 Clerkor clerks 
 to be named 
 to assist at 
 poll. 
 
 from the City Clerk, make his option, or on bis default, 
 the Mayor of the said City shall declare, for which one 
 of the said Wards such person shall serve as Councillor 
 and thereupon such person shall be held to have been 
 elected in that Ward only, and in no other. 
 
 XXI. And be it enacted, that all elections of Coun- 
 cillors, to be had under the provisions of this Act, shall 
 be held at convenient places in the said several Wards of 
 the said City, and shall respectively be held by and 
 before such of the Aldermen or Councillors of the said 
 City as may, by the Mayor of the said City for the time 
 being, be appointed, or, in case of vacancy in the office 
 of Mayor, by the Council of the said City. And any 
 and every Alderman or Councillor, to appointed under 
 the provisions of this Act, who shall refuse or neglect to 
 accept such appointment, or who shall refuse or neglect 
 to perform the duties resulting tVom such appointment, or 
 any one or more of those duties, shall pay to the Trea- 
 surer of the said City, a fine of fifty pounds currency. 
 And every Alderman or Councillor so appointed under the 
 provisions of this section, shall accept such appointment, 
 by serving a notice in writing to that effect upon the City 
 Clerk, within forty-eight hours after notice given to him 
 of his appointment by the Clerk of the said City, and in 
 default of such acceptance in writing, shall pay the fine 
 aforesaid of fifty pounds currency, as for his non-accept- 
 ance ; and thenceforward, if such appointment be not 
 accepted as aforesaid, or if the duties thereof be not 
 fulfilled within the proper time, a new appointment may 
 be made by the Mayor, or in case of a vacancy in the 
 office of Mayor, by the Council of the said City ; and 
 after such new appointment shall have been made, either 
 by the Mayor or Council, but not before, the appointment 
 previously made of the Alderman or Councillor in default, 
 shall be void and of no effect. Provided always, that the 
 neglect of any Alderman or Councillor to accept such 
 appointment, in writing, as aforesaid, if he in other respects 
 discharge the duties resulting from such appointment, shall 
 not invalidate any act or thing done by him under such 
 appointment, although such neglect shall subject the party 
 so in default to the penalty aforesaid. 
 
 XXII. And be it enacted. That any Alderman or 
 Councillor, so appointed to hold any such Election, shall 
 have power to nominate and appoint, in writing under his 
 
15 
 
 Oath to be 
 
 Manner of 
 proceding at 
 election!. 
 
 hand, a fit person or persons to act and assist him as 
 Clerk or Clerks at the poll ; and the person so appointsd, 
 before acting, shall take the following oath, which such 
 Alderman or Councillor is hereby empowered and re- 
 quired to administer, that is to say : — 
 
 " I, A. B. having been named by C. D. [Alderman, or ^ 
 " Councillor, as the case may be,] to act as Clerk, at the cierk. ^ 
 " ensuing election of a Councillor or Councillors for the 
 " Ward, [as the case may be,] do solemnly swear, [or, 
 " being a Quaker, do solemnly affirm,] that I will faith- 
 " fully andto the best of my ability, fulfil all the duties 
 " imposed on me by law, under and by virtue of my said 
 " appointment, without partiality, fear, favour, or aflec- 
 '• tion.~So help me God." 
 
 XXIII. And be it enacted. That at Elections of 
 Councillors as aforesaid, the poll shall be opened at nine 
 o'clock in the forenoon, and shall continue open till five 
 o'clock in the afternoon of the same day; and the name 
 of each elector voting at such election shall be written in 
 poll lists, to be kept at such election, by the officer or 
 person holding the same; and after finally closing the 
 poll at any such election, the officer or person by whom 
 the same shall be held, shall forthwith proceed publicly 
 to declare the number of votes given for each candidate 
 or person for whom votes shall have been taken, and shall 
 declare the person or persons having the majority of votes 
 in his or their favor, to be duly elected Councillor or 
 Councillor? as aforesaid ; and if there should be, at the 
 final closing of the poll as aforesaid, an equal number of 
 votes pdlled for two or more persons to be Councillors as 
 aforesaid, it shall be lawful for the officer or person hold- 
 ing such election, and he is hereby required, whether 
 otherwise qualified or not, to give a vote for one or other 
 of the persons having such equality of votes, in order to 
 give a majority for one of them, and determine the elec- 
 tion ; and the poll lists kept at such elections, shall, by 
 the officers or persons holding the same, be delivered, 
 within three days after the conclusion of every such 
 election ■ o the Clerk of the City, to remain in his office, 
 where they shall be open to inspection by any elector, on 
 the paymant of a fee of one shilling, 
 
 XXIV. And be it enacted. That each and every ^^NopeHon 
 person who shall at any Election of a Councillor or ribbons or ' 
 Councillors, to l)e had as aforesaid, wear or carry any ex^Znt 
 
 Presiding 
 officer to have 
 a casting vote 
 in cage of an 
 equality of 
 votes. 
 
 Poll lists to 
 be delivered 
 to the City 
 Clerk within 
 three days, 
 and to be open 
 to inspection 
 on payment of 
 a fee. 
 
16 
 
 flaff ribbon, or cockade, or other badge or mark what- 
 soever to distinguish him or them as supportmg any 
 particular candidate or candidates at such election, or 
 
 „ortoactvio. who shall, by violenco, menace, «^™^^«7"; P^^f^^ff' "; 
 
 lentiy. {„ ^ny manner or way whatsoever, impede or disturb, or 
 
 nor disturb thetebv endeavour to impede or disturb any election, or 
 
 the election. ^^J ^^^^^^ ^^ endcavour to prevent any elector or 
 
 ^::Jl^^» electors Yrom giving his or their votes at the same, 
 '"'*'"*^' according to his or their wish or desire, shall, on con- 
 
 viction thereof, forfeit and pay the sum of twenty-five 
 pounds, current money of this Province, for every such 
 offence. 
 
 XXV And be it enacted. That every Alderman, 
 Councillor, or other person, holding any such election, 
 shall have power and authority to maintain and enforce 
 order and keep the peace at the election held by him, 
 and all officers and non-commissioned officers of militia, 
 constables, and other peace-officers, and also all others 
 Her Majesty's subjects, within the limits of the Ward ot 
 the City, for which such election is held, or who shall be 
 present thereat, are hereby required to be aiding and 
 Assisting him therein ; and if any person or persons shall 
 commit violence, or be engaged in any affray or not, or 
 be armed with clubs, staves, or other offensive weapons, 
 or wear or carry any flag, ribbon, or cockade, or other 
 badcre or mark whatsoever, to distinguish him or them 
 as supporting any particular candidate or candidates, 
 or in any wise disturb or threaten to disturb the peace 
 or order at such Election, or wilfully prevent or endea- 
 vour to prevent any elector or person from coming to 
 vote thereat, or in any wise interrupt the poll, or the 
 business thereof, the said Alderman, Councillor or other 
 person holding any such Election, shall have power and 
 authority, on view, or on the oath of one credible 
 witness, (which oath the said Alderman, Councillor or 
 other person holding such Election, is hereby authorized 
 and empowered to administer,) to arrest, or confine, or 
 commit to prison, any such person or persons so offending, 
 by an order in writing, directed to any officer of militia, 
 or anv peace officer within the limits of the place for 
 which sich Election is held, or to the gaoler of the 
 D^ctri"* f^f Montreal, which order such officer ot militia 
 peace officer or gaoler is hereby required and commanded 
 to obey, under a penalty of not exceedmg twenty^ five 
 
 under a pen 
 ally. 
 
 Penons liold- 
 iiig elections 
 to have power 
 to maintain 
 peace. 
 
 Officers of 
 iniUiin, con- 
 stables and 
 peace officers 
 to aid ill the 
 maintenance 
 of the peace. 
 
 Violence, 
 riots, being 
 armed or car- 
 rying flags or 
 badges. 
 
 disturbance of 
 the peace, 
 preventing 
 electors vot- 
 ing, 
 
 or interrupt, 
 i'lg the poll, 
 
 may be pun- 
 islu'd by com- 
 mitaltopri.on 
 
17 
 
 / V 
 
 pounds, current money of this Province, for disobedience 
 thereto ; provided the time of such arrest, confinement 
 or imprisonment, shall not exceed twenty-four hours ; wuh iimita. 
 and provided also, that no such arrest, confinement or wnm°emT''" 
 imprisonment shall in any manner exempt the person or but such 
 persons so arrested, confined, imprisoned or detained, j,„|"tj,"ex™rapl 
 from anv of the pains and penalties to which he or they i'»f"« *^fo™ 
 may be liabie, tor any thing done contrary to the true pcnaiuesr 
 intent and meaning of this Act. 
 
 XXVI. And be it enacted, That if, at any Election in case of 
 of a Councillor or Councillors, to be had as aforesaid, nM^of a'perl 
 the poll shall be interrupted by the death or severe illness ekcMonf'The 
 of the Alderman or Councillor, or other person holding hiM^ace'tnd 
 such Election, the person or persons authorized by him fuifii the du. 
 to aid and assist him as Clerk or Clerks, and sworn as is ' * ' 
 hereinbefore directed, shall, under the penalty of ten 
 pounds current money of this Province, forthwith assume 
 the functions of the Alderman, Councillor or other per- 
 son holding such Election, and shall proceed to take the 
 poll, and act in every respect in the same manner as if 
 he or they had been the Alderman or Councillor ap- 
 pointed to have hold such Election, and with all and 
 every the powers and authority appertaining to the ap- 
 pointment of such Alderman or Councillor appointed to 
 hold such Election, of all which the said Clerk or Clerks 
 shall make a particular entry in the poll book, as well as 
 make a special return, unless his or their authority shall 
 have been previously superseded by the recovery of the 
 Alderman or Councillor appointed to hold such Election, 
 from such illness aa aforesaid. 
 
 or 
 
 XXVII. And be it enacted. That there shall be in Fourquar. 
 each year four quarterly meetings of the said Council, in"eaXye"^ 
 which shall be held on the following days, that is to say: eLh."^'"*^y' 
 On the second Monday of the months of March, June, 
 September, and December, in each and every year, and 
 the said meetings shall not at any one time be held for a 
 longer period than three days successively, in which 
 holidays shall not be included. 
 
 XXVIII. And be it enacted. That the Mayor, Alder- 
 men and Councillors of the City of Montreal, wno shall 
 be in oflSce under the provisions of the said Ordinance to 
 incorporate the City and Town of Montreal, and of the 
 said Ordinance to amend the same, hereinbefore men- 
 
 Mayor, *c. 
 
 now ill otlii-e 
 to continue 
 in (illiuo till 
 M.'.vh, IS'IG. 
 
18 
 
 One member 
 for each Ward 
 to go out of of. 
 fice in March, 
 ItJ 46,— being 
 the member 
 thereof f(ir the 
 longest time 
 without re- 
 election. 
 
 I^ at such 
 election a fur- 
 ther vacancy 
 should occur, 
 another mem- 
 ber to be 
 elected. 
 
 Mcmhera 
 going out of 
 oHice may be 
 re-elected. 
 
 Elections to 
 be postponed 
 to next day, 
 if the day ap- 
 iiolnted be a 
 holiday. 
 
 tioned, when this Act shall come into force, shall con- 
 tinue 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 office of Mayor, shall have been 
 appointed, and sworn in, according to the provisions of 
 this Act. And on the first Monday in March, in the 
 year eighteen hundred and forty-six, and on the first 
 Monday in March in each succeeding year, one of the 
 Members of the Council, for each Ward shall go out of 
 office ;— and on the first Monday in March, in the year 
 eighteen hundred and forty-six, and on the first Monday 
 in March in each succeeding year, those Members of the 
 Council for each Ward respectively shall go out of office 
 who shall have been Members thereof for the longest 
 time without re-election : Provided al A^ays, that if on the 
 first Monday in March, eighteen hundred and forty-six, 
 there shall be a vacancy or vacancies in the office of any 
 Member or Members of the Council for any Ward, who 
 would not, under the provisions of this Section, have 
 gone out of office on that day, then a Member or Mem- 
 bers of the Council shall be elected for the Ward to fill 
 such vacancy, as well as in the place of the Member 
 who shall then go out of office under the provisions of 
 this section; and provided further, that any Meniber 
 going out of office, may be re-elected, if then qualified 
 according to the provisions of this Act ; and if in any 
 year, the first Monday in March be a holiday, all that by 
 this section is ordered to be done on that day, shall be 
 done on the following day. 
 
 iWhen the 
 election of 
 Mayor shall 
 take place. 
 
 T 
 
 XXIX. And be it enacted, That at the first quarterly 
 or special meeting of the said Council, after the election 
 of members thereof, in the year of our Lord One thousand 
 eight hundred and forty-six, and in each succeeding year, 
 the said Council shall elect out of the members thereof, a 
 fit person to be Mayor of the said City, who shall con- 
 tinue in office as Mayor until his successor in the said 
 office of Mayor shall have been appointed and sworn in ; 
 vac'J?.cy!'how ^"^ '*" ^^^^ ^ vacancy shall occur in the office of Mayor,' 
 ' ilf beS- ^y reason of any person who shall have been elected to 
 that office not accepting the same, or by reason of his 
 nymg, or ceashig to hold the said office, the said Council 
 shall, at the first general or special meeting of the said 
 
 ed 
 
 I 
 
19 
 
 Council after such vacancy, elect out of the memhers of 
 the Council, another fit person to bo Mayor for the rem- 
 ainder of the period for which the Mayor, whose place is 
 to be supplied, was to serve. 
 
 XXX. And be it enacted. That at the first quarterly ^^i*"!!""* •»' 
 or special meeting of the Council ot the said City, after 
 the election in the said year one thousand eight hundred 
 and forty-six, and each subsequent year, the said Council 
 shall elect from among the members of the said Council, 
 so many as may then be requisite, with those Aldermen 
 remaining in office, to make the number of six, (if so 
 many members there be, duly qualified, and if there be 
 not, then such less number as may be so qualified) to 
 be Aldermen of the said City, until the time when they 
 shall respectively cease to be members of the said Council 
 under the provivions of this Act and no longer : Provided 
 always, that any Alderman going out of office, in any going oLT^of 
 year, may, if re-elected as a Member of the Council, ^i^efecTw?. '"' 
 at the next, or any subsequent election of Councillors, 
 be re-elected as an Alderman. 
 
 XXXI. And be it enacted. That if after the passing 
 of this Act, any extraordinary vacancy shall occur in the 
 office of Member of the Council of the said City, for 
 any Ward thereof, — the inhabitant householders and 
 persons qualified to vote in the Ward for which such 
 vacancy shall have occurred, shall, on a day to be ap- 
 pointed by the Mayor, after such vacancy shall have 
 occurred, elect from the persons qualified to be Members 
 of the Council, a person duly qualified to fill such va- 
 cancy : and such election shall be held, and the voting 
 and other proceedings shall be conducted in the same 
 manner and subject to the same provisions in this Act 
 contained, with respect to other elections of Members of 
 the said Council ; and every person so elected, shall hold 
 such office until the period at which the person in the 
 room of whom he shall have been elected, would, in 
 ordinary course, have gone out of office, and shall then 
 go out of office, but may be immediately re-elected if 
 then duly qualified : Provided always, that no election 
 shall take place to supply any such extraordinary vacancy 
 between the first day of January and the first day of 
 March in any year ; and provided also, that as soon as 
 any such extr'"'"dinary vacancy in the office of Member 
 
 Extraordin. 
 ary vacancies 
 in Council, 
 how to be fill, 
 ed up. 
 
 Period for 
 wliicb such 
 persons shall 
 be elected. 
 
 'l.imitation 
 of period for 
 holding &ucli 
 extraordinary 
 election. 
 
20 
 
 Vacanciei 
 • innriK the 
 
 hiiWiUiMiliecl, 
 •lid fur what 
 |ieriod. 
 
 Council to 
 elect from 
 time to time 
 Rii Alderman 
 tn act during 
 the ahtenco 
 or (ickiieis of 
 the Mayor. 
 
 Election of 
 Auditors. 
 
 Quftliflcation 
 of A"ditori. 
 and 1^1 m of 
 office- 
 
 One vote for 
 Auditor a I. 
 lowed to each 
 Councillor. 
 
 Ditqualifica- 
 tion of certain 
 pcrions 1 1 be 
 Auditors, 
 
 of the said Council shall have been supplied, if the 
 Member of the Council whose oflke so became vacant, 
 was an Aldermen, it shall be lawful for the said Council 
 to elect from the Members of the said Council, qualiHed 
 to be Aldermen, a person to be Alderman in the room of 
 the Alderman whose office may have so become vacant : 
 and the Alderman so elected, shall hold the office of 
 Alderman, until the period at which the person in the 
 room of whom he shall have been electee^ would, m the 
 ordinary course, have gone out of office. 
 
 XXXII. And be it enacted. That whenever and so long 
 as the Mayor of the said City may be absent from the 
 said City or from sickness be incapable of dischargmg the 
 duty of Mayor of the said City, the said Council shall elect 
 from the Aldermen of the said City, one who shall, during 
 such absence or sickness of the Mayor of the said City, 
 have all the power, authority and rights vested by law m 
 the Mayor of the said City, and shall, during any and 
 every such absence or sickness of the said Mayor, dis- 
 charge and perform all the duties imposed by law on the 
 Mayor of the said City ; and whenever and so often as a 
 vacancy shall occur in the office of Mayor of the said 
 City, the said Council shall elect from among the Alder- 
 men thereof, one who shall, aunng such vacancy, act as 
 Mayor of the said City, and shall, until such vacancy be 
 filled up, have all the authority, power and rights vested 
 by law in the Mayor of the said City. 
 
 XXXIII. And be it enacted, That at the quarterly 
 meeting to be held by the said Council in the month of 
 March, in the year one thousand eight hundred and forty- 
 six, and at the quarterly meeting to be held by the said 
 Council in the month of March in every succeeding year, 
 the Members of the said Council shall elect, by a majo- 
 rity of votes, from the persons qualified to be Councillors, 
 two persons who shall be, and be called Auditors of the 
 said City of Montreal ; and every such Auditor shall 
 continue in office until the second Monday m the month 
 of March in the year following his election : Provided 
 always, that in every such election of Auditors, no Mem- 
 ber of the said Council shall vote for more than one per- 
 son to hfi such Auditor as aforesaid ; and provided also, 
 that no Member of the said Council, nor the Clerk, nor 
 the Assistant Clerk of the said City, shall be capable of 
 
21 
 
 OattiK til he 
 taki'ri l>y llio 
 Maynr.Altltr. 
 meii.Cnuncil. 
 lort,Aii>i>ui>ri 
 or AUkliturit, 
 
 being elected an Auditor as aforesaid ; and provided 
 further, that any vacancy that may occur in the ollice of „ Vf;*:|'"y ,i» 
 Auditor, may be filled up by the said Council, by an ^;',^';' „|,'""* 
 election to be had in the manner and under the provisions 
 aforesaid, at any general or special meeting ; and the 
 person so elected, shall hold his olFice until the time 
 when the person whose place ho shall have been elected 
 to supply, would have gone out of olfice. 
 
 XXXIV. And be it enacted that no person elected to 
 be Mayor, Alderman, Councillor, Assessor, or Auditor 
 as aforesaid, shall be capable of acting as such, except 
 in administering the oaths hereinafter mentioned, until he 
 shall have made and subscribed before any two or more 
 of such Aldermen or Councillors, (who are hereby res- 
 pectively authorized and required to administer the said 
 oath to each other,) the oath of allegiance to Her Ma- 
 jesty, Her Heirs and Successors; and also, an oath in the 
 words or to the effect following, that is to say : — " I, A. B., 
 " having been elected Mayor, (or x\lderman. Councillor, 
 ** Assessor, or Auditor, as the case may be,) for the 
 " City of Montreal, do sincer-ly and solemnly swear, 
 " that I will faithfully fulfil thb duties of the said ollice, 
 « accordmg to the best of my judgment and ability ; and 
 « that I am seized or possessed, for my own use, of real 
 " or personal estate, or both, in the said City ot Mon- 
 « treal, after the payment or deduction of my just debts, 
 « of the value of one thousand pounds, (or five hundred 
 « pounds, as the case may be,) and that I have not fradu- 
 ** lently or collusively obtained the same, or a title to the 
 " same, for the purpose of qualifying myself to be elected 
 " Mayor, (Alderman, Councillor, Auditor,or Assessor, as 
 " the case may. be,) as aforesaid. — So help me God." 
 
 XXXV. And be it enacted. That every person duly fi„"«^:;:j-",: 
 qualified, who shall be elected to the odice of Alderman, "fflce : 
 Councillor, Assessor, or Auditor as aforesaid, of the 
 
 said City, and every person, Alderman or Councillor, 
 who shall be elected to the office of Mayor of the said 
 City, shall accept the office to which he shall have been 
 so elected ; or shall, in default thereof, pay to the Trea- 
 surer of the said City, and for the use of the said City, 
 a fine as follows, that is to say : — for non-acceptance of «» AWorman 
 the office of Alderman or Councillor, a fine of fifty orcounc.uori 
 pounds ; for non-acceptance of the office of Auditor or «J,Audito' or 
 
22 
 
 ■« Mnyor. 
 
 AcraptancK 
 or ottinu lo b« 
 made liv ink. 
 inx oath and 
 iiukiiig du- 
 cturattiiii 
 wiiliia Hve 
 day* ultiT 
 «l«*tioii,— 
 othorwUc 
 iiuch nltice to 
 bo dcuiiieil 
 vac:int, iind 
 lo bi< Hlletl up 
 by new dec- 
 tluti. 
 
 Excrapttnii* 
 fruin bi'iiiK 
 ti> Id to act'ivi 
 uffici*. 
 
 Cisea in 
 which the 
 Mayor, At> 
 dcrmen or 
 Counclllorg 
 ■hall become 
 diaqualitied. 
 
 Assessor, a tino of fifty pounds ; and for non-acceptance 
 of the office of Mayor, a fine of one hundred pounds ; 
 and every person so elected, shall accept such office by 
 takinpf the oath of allegiance, and making and subscrib- 
 ing the declaration hereinbefore mentioned, within four 
 days after notice of his Election, and in default thereof, 
 shall be liable to pay the fine aforesaid, as for his non- 
 acceptance of such office, and such office shall there- 
 upon bo deemed vacant, and shall bo filled up by a new 
 Election, to bo made in the manner hereinbefore pres- 
 cribed : Provided always, that no person, disabled by 
 lunacy or imbecility of mind, shall be liable to pay such 
 fine as aforesaid ; and provided also, that every person so 
 elected to any such office, who shall be above the a.M! of 
 sixty-five years, or who shall already have served such 
 office, or paid the fine for not accepting such office, 
 within five years next preceding the day on which he shall 
 be so re-elected, shall be exempted from accepting or 
 serving the same office, if he shall claim such exemption 
 within five days after notice of his Election from the City 
 Clerk ; and provided also, that no military, naval, or 
 marine officer, in Her Majesty's service, on full pay, nor 
 any Member of the Legislature of this Province, nor any 
 Surveyor General, Adjutant General of Militia, or Pro- 
 vincial Secretary, nor the Deputy Postmaster General, 
 or his Deputies, nor any Custom-House Officer, Sheriff, 
 or Coroner, nor the Clerks and Commissioned Officers 
 of the Legislature or of the Executive Council, nor any 
 School Master, shall be held or bound to accept any such 
 office as aforesaid, or any other office in the said City. 
 
 XXXVI. And be it enacted, That if any person hold- 
 ing the office of Mayor, Alderman, or Councillor, shall 
 be declared bankrupt, or shall ipply to take the benefit 
 of any Act for the relief of In;ol\t -.i debtors, "r jshall 
 compound by deed with his t.vjuLjrs, or, being Mayor, 
 shall be absent from the said City for more than two 
 calendar months, or, being an Alderman or Councillor, 
 for more than six months, at one and the same time, 
 (unless in case of illness,) then and in every such case, 
 such person shall thereupon immediately become disqua- 
 lified, and shall cease to hold such office of Mayor, 
 Alderman, or Councillor as aforesaid ; and in the case of 
 such absence, shall bo liable to the isarrjc fine as il hu had 
 refused to accept such office. 
 
23 
 
 7 
 
 or 
 
 XXX Vll. And be it enacted, That the Mayor of the aelT*.*nd 
 said City for the time being, shall be u Justice of the Peace Jj,";;^';,','"^;:^ 
 for the City and District of Montreal, and that the Alder- of ih« pi^m. 
 men and Councillors of the said City, for the time being, 
 shall severally be Justices of the Peace for the said City of 
 Montreal : and it shall be lawful for the said Common 
 Council, from and out of the monies l)elonging to the said 
 City, to grant and allow to the said Mayor, for the time 
 being, in lieu of all foes and perquisites, such salary not 
 exceeding five hundred pounds, and not less than two hun- 
 dred pounds, as the said Council shall tliink fit. 
 
 Miyor to 
 h«v« • Mlary> 
 
 XXXVIII. And be it enacted, That it shall be lawful 
 for the said Council of the said City, from time to time, as 
 occasion may require, to appoint a fit and proper person, 
 not being a member of the Council, to be Clerk of the said 
 City ; and another fit person not being a member of the 
 said Council, and not being City Clerk, to be the Treasurer 
 of the said City ; one or more fit person or persons, not 
 being of the Council to be -he Clerk or Clerks of the 
 Markets of the said City, and one or more Surveyor or 
 Surveyors of Highways, Streets and Bridges, and such 
 number of Overseers of Highways, Streets and Bridges, as 
 they may deem necessary, and one Collector for each of 
 the Wards of the said City, one or more Pound Keeper or 
 Pound Keepers for the said City, and such other Officers 
 as they may think necessary, to enable them to carry into 
 execution the powers vested in them by this Act, and to 
 prescribe and regulate the duties of all such Officers res- 
 pectively, and at their pleasure to remove any such Officer, 
 and appoint another in his place : and the said Council shall 
 take such security for the due execution of the offices of 
 City Clerk, Treasurer or other Officer, as they shall think 
 proper, and shall and may grant and allow to the City 
 Clerk, Treasurer and other Officer, to be appointed as 
 aforesaid, such salary, aid, allowance or other compensation 
 for their services as they may think fit. And whenever 
 and so long as the said Clerk of the said City may be 
 absent from the said City, or, from sickness or any such 
 cause, be incapable of discharging the duties of the office 
 of the said City Clerk, it shall be lawful for the Mayor of 
 the said City, by a writing under his hand, to appoint a fit 
 and proper person to be Assistant Clerk of the said City ; 
 and every such Assistant Clerk, shall, during the time for 
 which he may be so appointed, discharge the duties of the 
 office of the said City Clerk ; and all acts, matters and 
 
 Counckl to 
 niiina— 
 
 City Clerk, 
 
 CUy Tre»- 
 ■urer. 
 
 Clerks of 
 Maikcu. 
 
 Surveyors of 
 Highway*, 
 
 Ovcmeen, 
 
 Cullectoin, 
 
 Pduiid Kcc'in 
 
 orH 
 
 and otiier 
 
 Olhceri. 
 
 and to pre- 
 ■crihe their 
 duties. 
 
 Security to 
 be taken, 
 
 and salaries 
 to be ebtab. 
 lished. 
 
 Mayor may 
 name Assist- 
 ant Clerk, 
 duriii){ thti 
 ah^Hiice or 
 sickness of 
 City Clerk. 
 
24 
 
 Powers of 
 Treasurer, 
 Auenon, 
 Surveyors, 
 &c. 
 
 under 36 Geo. 
 III. c. 9,— 
 
 9 Geo IV. c. 
 16.-(L. C.) 
 
 39 Geo III. 
 c. 5.— (L.C.J 
 
 . transferred to 
 the game olh. 
 cers appoint. 
 ed under tliis 
 Act. 
 
 things done by the said Assistant City Clerk, during the 
 time of his appointment, shall have the same force and 
 effect as if performed by the City Clerk of the said City. 
 
 XXXJX. And be it e.iacted, That so much of a cer- 
 tain Act of the Legislature of tiie heretofore Province of 
 Lower Canada, passed in the thirty-sixth year of the Reign 
 or His late Majesty King George the ThirJ, intituled, " An 
 " Act for making, repairing and altering the High- 
 " VMys and Bridges within this Province, and for 
 " other purposes,''^ as provides for the appointment of 
 Assessors and of a Road Treasurei, for the said City of 
 Montreal, and also a certain Act of the Legislature of the 
 said heretofore Province of Lower Canada, passed in th-? 
 ninth year of the reign of His late Majesty King George 
 the Fourth, intituled, " An Act to increase the number 
 " of Assessors for the Cities of Quebec and Montreal," 
 and also so much of a certain other Act of the Legislature 
 of the said heretofore Province of Lower Canada, passed 
 in the thirty-ninth year of the reign of His Late Majesty 
 King George the Third, intituled, ^'An Act to amend an 
 " Act passed in the thirty-sixth year of His present 
 " Majestyy Reign, intituled, ^ An Act for making, 
 " ' repairing and altering the Highways and Bridges 
 
 it i 
 
 within this Province, and for other purposes ' " as 
 provides for the appointment of a Surveyor of the highways, 
 streets, lanes and bridges in the said City of Montreal, by 
 the Governor, Lieutenant-Governor or person administering 
 the Government of the said heretofore Province of Lower 
 Canada, and which were repealed by the said Ordinance 
 to incorporate the City and Town of Montreal, shall con- 
 tinue to be, and shall be and remain repealed ; and all 
 and every the powers, authority and duties which, in and 
 by the said Acts, or any other Act or Acts of the Legisla- 
 ture of the said heretofore Province of Lower Canada, 
 were, before the passing of the said Ordinance to incorpor- 
 ate the City and Town of Montreal, vested in, and im- 
 posed on, the Assessors appointed in pursuance of the pro- 
 visions of the said Act passed in the thirty-sixth year afore- 
 said, and the powers and duties of the said Road Treasurer, 
 and of the said Surveyor of highways, streets and bridges in 
 the said Ci+y, appointed under the said Act passed in the 
 thirty-sixth year aforesaid, and which under and by virtue 
 of the said Ordinance, to incorporate the City and Town of 
 Montreal, are now vested in, and imposed on, the Assess- 
 ors appointed in pursuance of the last mentioned Ordinance 
 
 
S5 
 
 
 and on the Treasurer of the said City, and on the Survey- 
 or of Highways for the said City of Montreal, appointed 
 respectively under the authority of the last mentioned Ord- 
 inance, shall continue to be, and shall be and remain ves- 
 ted in, and imposed on the Assessors, Treasurer of ^e 
 said City, and on the Surveyor of Highways for the said 
 City of Montreal, respectively, who may be in office under 
 the authority of the said last mentioned Ordinance when 
 this Act comes into force, and in their successors in the 
 said offices respectively, to be appointed under and by vir- 
 tue of the present Act ; Provided always, that all duties 
 that may be performed by the said three Assessors, may 
 be performed with equal force and effect by any two of the 
 said Assessors, and that in all cases where there may be a 
 ditference of opinion among the said three Assessors, that 
 the opinion of any two shall have the same force and effect 
 as if the three Assessors had concurred ; and if two of the 
 Assessors for any Ward, acting without the third, differ in 
 opinion, the third shall examine the premises, respecting 
 which such difference of opinion may have occured, and by 
 his opinion confirm that of one or other of the Assessors 
 who may have so differed, and the opinion so confirmed 
 shall have the same force and effect as if the three Assess- 
 ors had concurred in it ; and in each of the caser above 
 mentioned, and in every other such case, the Asssessor dis- 
 senting may make an entry in the Assessment Books of the 
 reasons of his dissent. 
 
 XL. And be it enacted. That in the event of the ab- 
 sence from the said City of the owner or owners of any 
 real property therein, liable to assessment, and the non- 
 payment of the assessment on any such real property, by 
 any Agent or other person on behalf of the said absent 
 owner or owners thereof, an increase of ten per cent, on 
 the amount at which the said property may and shall be 
 assessed, shall annually accrue upon, aim be made to, all 
 arrears of assessment due on said property, so long as the 
 same shall remain unpaid, and the said property or any 
 sufficient part or portion thereof, if the same be easily 
 susceptible of division, shall, after five years non-payment 
 of the said arrears of assessment, and increase of ten per 
 cent, thereof, be liable to be sold therefor. And the She- 
 riff" of the District of Montreal is hereby authorized and 
 
 The duties of 
 the Assessors 
 may be per- 
 formed by 
 two of them. 
 
 If the two 
 Assessors dif- 
 fer, how a de- 
 cision is to be 
 obtained. 
 
 Non-payment 
 of assessment 
 to be liable to 
 ten .per cent, 
 increase per 
 annum. 
 
 empoweied to seii and dispusc of any anu 
 
 
 i-»rA- 
 
 perty, after six months notice to that effect, given by 
 him, the said Sheriff", in the usual manner and form, in 
 
 Property to 
 be sold after 
 five years non 
 paympnf of 
 Kijsessment, 
 
 How property 
 is to he sold 
 for arrears of 
 assessment 
 and per cent- 
 age thereon. 
 
Return of 
 Slierift' to be 
 m de to I he 
 Court of y. 
 Bench. 
 
 Balance to be 
 paid over to 
 the Corpnia- 
 tinn, and lia- 
 ble lo six per 
 cent interest, 
 till demanded 
 by the party 
 claiming the 
 «anie. 
 
 Treasurer of 
 the City— hia 
 duties. 
 
 Accounts to 
 be annually 
 iiubinitted to 
 the Auditors 
 and to the 
 Council, for 
 examination 
 and audi>. 
 
 26 
 
 paymenl and satisfaction of any judgment that may be 
 obtained for the said arrears of assessment, and the in- 
 creased per centage due thereon, for the said period of five 
 years, whether the said judgment be obtained in the Court 
 of Queen's Bench, or in any Court of Special or Weekly 
 Sessions, or in the Mayor's Court hereafter established 
 in and by this Act; and the monies levied by the 
 sale of the said property to be so as aforesaid sold, the 
 said Sheriff shall in all cases return before the Court of 
 Queen's Bench, 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 monies to be so as aforesaid levied by the said Sheriff 
 remaining in the hands of the said Sheriff, after the judg- 
 ment and distribution pronounced thereon by the said 
 Court, shall, within fifteen days thereafter, be paid over 
 by the said Sherifi' to the said Mayor, Alderman, and 
 Citizens of the City of Montreal, to remain in their hands, 
 at the legal interest of six per cent., till demanded and 
 claimed by the party or parties having a right to demand 
 ami claim the same. 
 
 XLI. And be it enacted. That the Treasurer of the said 
 City, shall, in books to be kept for that purpose, enter 
 true accounts of all sums of money by him received or 
 paid, as such Treasurer, and the several matters for which 
 such sums shall have been received or paid ; and the books 
 containing the said accounts shall, at all seasonable times, 
 be open to the inspection of any of the Aldermen or 
 Councillors of the said City ; and all the accounts of the 
 said Treasurer, with all vouchers and papers relating 
 thereto, shall, on the fifteenth day of February in each and 
 every year, be submitted by such Treasurer to the Audi- 
 tors elected for the said City as aforesaid, and to such 
 Members of the said Council, as the Mayor of the City 
 shall name ; and the said books of accounts, accounts, 
 and all vouchers and papers relating thereto, shall, from 
 the fifteenth to the last day of February, inclusively, in 
 each and every year, be open to the examination of the 
 said Auditors, and Councillors to be named by the Mayor, 
 for the purpose of the said books and accounts being exa- 
 minerl and audited for the year preceding such annual 
 evarturiatinn • nnrl if tb^ coif? cnr^r^iint-a cl.^11 u^ fi^,-.ir,rl f« Uc. 
 
 correct, the Auditors shall certify the same to be so ; and 
 after the said accounts shall have been so examined and 
 
27 
 
 audited, in the month of February in every year, the 
 Treasurer shall make out in writing, and cause to be 
 printed, a full abstract of his accounts for the year, anil 
 a copy thereof shall be open to the inspection of all the rate- 
 payers of the said City, and copies thereof shall be deli- 
 vered to all rate-payers of the said City applying for the 
 same, on payment of a reasonable price for each copy. 
 
 XLII. And be it enacted, That the Treasurer of the 
 said City shall not pay any monies, in his hands as such 
 Treasurer, otherwise than upon an order in writing of the 
 Council of the said City, signed by three or more Mem- 
 bers of the said Council, and countersigned by the Clerk 
 of the City, or in pursuance of a Judgment or order of 
 any Court of Justice. 
 
 XLII I. And be it enacted, that the Clerk, Treasurer 
 and other Officers of the said City, appointed by the 
 Council as aforesaid, shall respectively, at such times 
 during their continuance in office, and within three months 
 after they shall respectively cease to be in office, and in 
 such manner as the said Council shall direct, deliver to 
 the said Council, or to such person as they shall authorize 
 to receive the same, a true account in writing, of all 
 matters committed to their charge, by virtue or in pursu- 
 ance of this Act ; and also, of all monies which shall 
 have been by them respectively received, by virtue, or for 
 the purposes of this Act, and how much thereof ?hall 
 have been paid and disbursed, and for what purposes, 
 together with proper vouchers for such payments : and 
 every such officer shall pay all such monies as shall remain 
 due from him, to the Treasurer for the time being, or to 
 such per.-.on as the said Council shall authorize to receive 
 the same ; and if any 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 neglect to deliver to the said Council, or 
 to such person as they shall authorize to receive the 
 same, within three days after being thereto required by 
 the said Council, all books, documents, papers, and 
 writings in his custody or power as such officer as afore- 
 said, then, and in every such case, on complaint made 
 on behalf of the said Council, of any such refusal or 
 wilful neglect as aforesaid, to ci..v Justice of the Peace 
 for the District or County wherein such officer shall reside 
 
 .Absirai't of 
 arrniiiits to 
 be aiiiiimlly 
 priiiictl. 
 
 On what 
 orders 'I'ri-h- 
 Eurer may 
 muku |>ay- 
 meiitit. 
 
 City Otficers 
 to render de- 
 tailed ac- 
 counts. 
 
 To pay over 
 all monies by 
 hcui due. 
 
 Ilow tliey 
 nijiy 1)0 pro. 
 ceededo}{ain>t 
 (or rl'lll^al or 
 nesli'Ct of 
 tucli duty. 
 
28 
 
 ||! ' 
 
 h i 
 
 Judgment to 
 be obtained 
 in a summary 
 maimci'. 
 
 In default of 
 payment, the 
 party may be 
 imprisoned. 
 
 Term cf im- 
 
 prisonmeiit 
 
 limited. 
 
 Remedy by 
 action not to 
 be abridged 
 against such 
 ntlicer or his 
 surety. 
 
 At msctings 
 of Council, 
 majority to 
 decide all 
 ijucslions, 
 
 
 or be, such Justice of the Peace shall be, and is hereby 
 authorized and required, to issue a warrant under his 
 hand and seal, for bringing any such officer before any 
 two Justices of the Peace for such District or County ; 
 and upon the said officer appearing, or not appearing, or 
 not being found, it shall be lawful for the said Justices to 
 hear and determine the matter in a summary manner; 
 and if it shall appear to such Justices, that any mon'es 
 remain due frgm such officer, such Justices may, and 
 they are hereby authorized and required, on non-payment 
 thereof, by warrant under their hands and seals, to cause 
 such monies to be levied by distress and sale of the goods 
 and chattels of such offender ; and if sufficient goods and 
 chattels shall not be found to satisfy the said monies and 
 the charges of the distress, or if it shall appear to such 
 Justices, that such officer has refused or wilfully neg- 
 lected to deliver such accounts, or the vouchers relating 
 thereto, or that any books, documents, papers, or writ- 
 ings which were or are in the custody or power of such 
 officer, in his official capacity, have not been delivered as 
 aforesaid, or are wilfully withheld, then, and in every 
 such case, such Justices shall, and they are hereby re- 
 quired, to commit such offender to the common gaol or 
 house of correction, for the District or County where 
 such officer shall reside or be, there to remain without 
 bail, until he shall have paid such monies 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 aforesaid, to the said Council : 
 Provided always, that no person so committed, shall be 
 detained in prison, for want of sufficient distress only, 
 for a longer space of time than three calendar months : 
 Provided also, that nothing in this Act contained, shall 
 prevent, or abridge, any remedy by action, against any 
 such officer so offending as aforesaid, or against any surety 
 for any such officer. 
 
 XLIV. And be it enacted, That in all meetings of 
 the said Council, to be held in pursuance of this Act, a 
 majority of the members present at such meeting shall 
 determine alljgLue^ti^sjind ni atter s submitted to, or under 
 the consideration of the said Council, provided that the 
 number present at the said meeting be not less than one- 
 
29 
 
 Who shall 
 preside. 
 
 C'astiiifir vote 
 to member 
 pTcsiding. 
 
 Special mee t. 
 ings how call- 
 ed. 
 
 third part of the whole number of the said members of 
 the said Council ; and at all such meetings, the Mayor of 
 the said City, if present, shall preside, and in case of his 
 absence, such Alderman, or, in the absence of all the 
 Aldermen,'"sucirt5ouncillor, as the members of the Coun- 
 cil so assem"b1ed slail choose to be Chairman of any such 
 meeting, shall preside at the same ; and in case of an 
 equality of votes, the Mayor or Chairman presiding shall 
 have a casting vote, that is to say, such Mayor or Chair- 
 man shall not in any case, while so presiding, have a vote 
 as a member of the Council, nor unless the votes be as 
 aforesaid equally divided. 
 
 XLV. And be it enacted, That it shall be lawful for 
 the Mayor of the said City, or in case of his absence from 
 the said City, or sickness, for the Alderman of the said 
 City, elected in the manner hereinbefore provided to fill 
 his place, to call a Special Meeting of the said Councij, 
 when and as often as the said Mayor, or in case of his 
 absence or sickness as aforesaid, the said Alderman of the 
 said City, may deem it proper, after three days previous 
 notice thereof ; and in case the said Mayor, or the said 
 Alderman, during the absence or sickness of the said 
 Mayor as aforesaid, shall refuse to call any such meeting, 
 after a requisition for that purpose, signed by five or more 
 members of the said Council, or in case of the absence 
 or sickness as aforesaid, of the said Mayor and of the said 
 Alderman at the same time, it shall be lawful for any fi\e 
 or more members of the said Council to call a meeting 
 of the said Council, after three days previous notice, 
 which notice shall be signed by the said members ; and 
 every such notice, whether given by the Mayor, or by the 
 said "Alderman, or by any five or more members of the 
 said Council, shall specify the business for which the pro- 
 posed meeting is to be held : and in all cases of such 
 Special Meetings as aforesaid, a summons to attend the 
 Council, summarily specifying the business to be trans- 
 acted at such meetings, and signed by the City Clerk, 
 shall be left at the usual place of abode of every member 
 of the said Council, three days at least before such meeting. 
 
 XLV I. And be it enacted. That minutes of the pro- 
 ceedings of all meetings 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, Alderman, or 
 
 In case of 
 refusal by ihe 
 Mayor to call 
 such meet- 
 ings, five 
 members may 
 call a meet- 
 ing after cer- 
 tain notice. 
 
 Business be- 
 fore such 
 meeiings to 
 be speciHl ly 
 mentioned in 
 such notices. 
 
 Minutes of 
 proceedings 
 
i < 
 
 M(>etiii|;8 to 
 be held with 
 open duura. 
 
 Copies of en- 
 tries curtitlcd 
 by the Clurk 
 and under ihc 
 City SohI to 
 be deemed as 
 prima facie 
 evidence. 
 
 Council may 
 name Com. 
 mitiees. 
 
 30 
 
 Councillor presiding at such meeting, and the said minutes 
 shall be open to the mspection of all persons qualified to 
 vote at the election of Councillors, on payment of a fee 
 of one shillmg; and the said meetings shall be held with 
 open doors, and all extracts from the book required to be 
 kept by thifi section of this Act, and all copies of entries 
 therein, and generally all certificates, deeds and papers 
 signed by the Mayor of the said City, and countersigned 
 by the City Clerk, of the said City, and under the Seal 
 ot the said City, shall in all Courts of Justice in this 
 li'rovince, be taken and received as prima facie evidence 
 of the facts set forth in such extracts, copies, certificates, 
 deeds and papers respectively. 
 
 XLVII. And be it enacted. That it shall be lawful 
 for the said Council to appoint, from and out of the mem- 
 bers comprising such Council, such and so many commit- 
 tees, consisting of such number of persons as they may 
 think fit, for the better transaction of the business before 
 the Council, and for the discharge of such duties within 
 the scope of their powers, as may by the said Council be 
 prescribed, but subject in all things to the approval, au- 
 thority and control of the said Council. 
 
 Certain pow 
 ers formerly 
 
 vested in Ma ^^^"f ^ud be it euactod, That all and every the 
 gistrates tobe powers and authorities which, in and by any Act of the 
 
 exi'fcised by 
 the Council 
 
 Legislature of the heretofore Province of Lower Canada, 
 in force at the time of the passing of the said Ordinance 
 to incorporate the City and Town of Montreal, had been, 
 and were at the time of the passing of the last mentioned 
 Ordinance, vested in the Court of Quarter Sessions of 
 the Peace for the said District of Montreal, and in any 
 Special Sessions of the Peace for the same District, and 
 in the Justices of the Peace for the said District of Mon- 
 treal, or any of them, for, touching, or concerning, the 
 laying out, making, erecting, keeping in repair and regu- 
 lating the highways, bridges, streets, squares, lanes, cause- 
 ways, pavements, drains, ditches, embankments, water- 
 courses, sewers, market-houses, and weigh-houses, and 
 other public erections and works in the said City of Mon- 
 treal, or any of them, and for, touching and concerning, 
 the dividing of the said City into divisions, and the ap- 
 pointment of Overseers of highways, streets and bridges 
 in the said City, and for, touching and concerning, the 
 laying, imposing, raising, levying, collecting, applying. 
 
31 
 
 paying and accounting for, a rate or rates of assessment 
 upon occupiers of lands, lots, houses and buildings in pro- 
 portion to the annual value thereof, within the said City 
 of Montreal, and which, under and by virtue of the said 
 Ordinance to incorporate the said City and Town of Mon- 
 treal, became and was vested in the said Council of the 
 said City of Montreal, shall continue to be vested in and 
 exercised by, and shall be and remain vested in, and ex- 
 ercised by, the said Council of the said City of Montreal ; 
 and all real and personal property within the said City, 
 which before the passing of the said Ordinance to incor- 
 porate the City and Town of Montreal, were subject to 
 the management, control or authority of the Justices of 
 the Peace for the said District of Montreal, or any of 
 them, and which, under and by virtue of the last mentioned 
 Ordinance, have become, and are subject to the power, 
 authority, order and control of the said Council of the 
 sa d City, shall continue to be, and shall be and remain, 
 subject to the power and authority, order and control, of 
 the said Council of the said City; and the said Council 
 shall, moreover, have the exclusive power to grant or re- ra^t'certafS 
 fuse ferry licenses to persons plying as ferrymen to the ^""s ucLcn 
 said City of Montreal from any place within nine miles of 
 the said City, any law, usage" or custom to the contrary 
 notwithstanding. 
 
 XLIX. And be it enacted. That it shall be lawful for 
 the said Council of the said City of Montreal to borrow, 
 on the credit of the said City, such sum or sums of money 
 as the said Council of the said City may think proper to 
 borrow on the credit of the said City : Provided always, 
 that the total amount borrowed, and remaining unpaid, 
 exclusive and independant of the amounts due, or to be- 
 come due, for the purchase of the Montreal Water Works, 
 authorized to be made in and by the Act, passed in the 
 seventh year of Her Majesty's Reign and intituled, « An 
 " Act to authorize the Mayor, Aldermen and Citizens of 
 " Montreal, to purchase, acquire and hold the property now 
 " known as the Montreal Water Works,'' shall not exceed 
 at any one time the sum of one hundred and fifty thousand 
 pounds currency ; and all and every public monies raised, 
 or to be raised, by the assessment as aforesaid, and all 
 monies now due and payable, or that may hereafter be 
 due and payable to the said Council of the said City as 
 well as all other monies hereafter to be raised or received 
 
 Council au- 
 thorized to 
 borrow to a 
 certain ex- 
 tent 
 
 City reve- 
 nues charged 
 with the pay. 
 ment of sucii 
 debt, and all 
 other debts 
 contracted by 
 tho Council. 
 
32 
 
 ' Cnuncil to 
 mafceby-laws 
 for certain 
 general par. 
 poses : 
 
 For the clear - 
 Iine88, health 
 and local gi- 
 vernraent of 
 the city } 
 
 For raising 
 and applying 
 monies, by 
 tolls, rates or 
 assessments. 
 
 or duties on 
 
 public houses, 
 retailers of 
 gpiritucu!' li- 
 quors, pedlars 
 
 oy and under the authority of that Act or of any other Act 
 or by any other cause or causes whatever, shall be charged 
 and chargeable with the payment of the sums of money 
 so to be borrowed by the Council of the said City, and 
 with the payment of the sums of money which have been 
 already borrowed by the said Council of the said City, 
 and generally with the payment of all debts which have 
 been or may be legally contracted, or which are now or 
 hereafter may be legally due and o Ning by the said Coun- 
 cil of the said City ; and all sums of money heretofore 
 legally borrowed by the said Council of the said City, and 
 still remaining unpaid, and all sums of money hereafter to 
 be legally borrowed by the said Council of the said City, 
 and generally all debts now legally due or hereafter to be 
 legally due by the said Council of the said City, shall be 
 payable from and out of all or any monies that may be 
 raised or received by the said Council, under the authority 
 of this Act, or under the authority of any other Act now 
 in force, or that hereafter may be in force, in this Pro- 
 vince, or by any other cause or causes whatever. 
 
 L. And be it enacted. That it shall be lawful for the 
 said Council at any meeting or meetings of the said Coun- 
 cil, composed of not less than two thirds of the members 
 thereof, to make By-Laws which shall be binding on all 
 persons for the following purposes, that is to say : 
 
 For the good rule, peace, welfare, improvement, clean- 
 liness, health, internal economy and local government of 
 the said City. 
 
 For the raising, assessing, and applying such monies ?.& 
 may be required for the execution of the powers with 
 which the said Council is now, or hereafter may be inves- 
 ted, either by imposing tolls and rates, to be paid in res- 
 pect of any public works within the said City, or by means 
 of a rate or assessment to be assessed and levied, each 
 and every year, on real or personal property, or both, 
 within the said City, or upon the owners or occupiers 
 thereof, in respect of such property, provided that such 
 assessment may in any one year, amount to, but shall not 
 exceed (excepting as hereinafter provided) one shilling and 
 six pence in the pound on the assessed yearly value of the 
 property liable to such assessment, and by imposing a 
 duty or duties on the keepers of houses of public enter- 
 tainment, and the retailers of spirituous liquors, and on 
 all hawkers, pedlars, and petty chapmen, within the said 
 
33 
 
 City ; and on proprietors, owners or keepers of theatres, 
 circusses, or public exhibitions, or shows of any kind, or 
 of horses or carriages of any kind kept for pleasure, for 
 working, or for hiring out, or for billiard tables or dogs 
 within the said City ; and on wholesale and retail dealers 
 in goods, wares or merchandize of any kind, and the 
 premises occupied by any and all such ; on Banks, Bank- 
 ers, Bank agencies, and Banking institutions of every kind 
 in the said City ; and the premises occupied or used by 
 such Banks, Bankers, Bank agencies, or Banking institu- 
 tions ; on all forwarding merchants or forwarders, and the 
 premises occupied by them ; on all brokers and money 
 changers, and their premises; on the insurance companies 
 and agencies therefor, and the premises occupied by them ; 
 on all agents of merchants residing without the limits of 
 this Province ; on gas companies, and the premises used 
 and occupied by any or all such, within the said City ; on 
 keepers of eating houses, coffee houses, or ordinaries ; on 
 all auctioneers, grocers, bakers, butchers, hucksters, pawn- 
 brokers, livery stable keepers or carters, within the said 
 City ; on all trades and manufactories carried on, exer- 
 cised, or in operation within the said City ; on all brew- 
 eries, distilleries, and agents and agencies of breweries and 
 distilleries ; on all soap and candle factories, camphine or 
 other oil factories, ginger beer, spruce beer, and root beer 
 brewers and breweries ; on brick manufactories, wood 
 dealers, and wood yards ; on all ball alleys and other 
 means of gambling, and on all tanneries and slaughter 
 houses within the said City ; and on all persons acting as 
 ferrymen to the said City, or plying for hire for the con- 
 veyance of persons by water to the said City from any place 
 not more than nine miles distant from the same. 
 
 For increasing the amount of the commutation money 
 payable by each person liable to statute labor on the 
 highways within the said City, to any sum not exceeding 
 five shillings currency, for each person so liable ; and for 
 obliging each and every person so liable to pay the 
 amount of such commutation money so fixed, without 
 being allowed to offer his personal labor on the said high- 
 ways instead thereof, and for exempting from the payment 
 of such commutation money, any class of persons to whom 
 they shall deem it right to grant such exemption on ac- 
 count of the limited pecuniary means of such persons liable 
 lu pay the same. 
 
 tliratrci, Ac, 
 
 horses, c.irrl- 
 aifi'ii, billiard 
 tables, il<>g<, 
 
 whnlenaleand 
 retail dcalora, 
 
 Baiiki, 
 
 Forwarders, 
 
 Brokers, 
 
 Iniiiranre 
 Comiiaiiies, 
 
 Agents, 
 
 (i,iH Cnrnpa- 
 nwa, 
 
 Coflee'houtcs 
 
 Auctioneer.-i, 
 &o. 
 
 Maniifacto- 
 rie-, 
 
 Breweries & 
 Dislilluries, 
 
 Candle works 
 Oil factories, 
 
 Brirk or 
 Wood yards, 
 
 Ball alleys 
 
 Tanneries, 
 
 Ferrymen. 
 
 To increase 
 commutation 
 money, or to 
 exemi)t par- 
 ties there- 
 from. 
 
;u 
 
 i^n 
 
 ■- i 
 
 To change 
 HitFi of mar- 
 knt placet 
 when iievei- 
 *ary. 
 
 •Bving the 
 rlf{ht of par> 
 tit'i aggriev- 
 ed. 
 
 To determine 
 the powera of 
 Clerk* of 
 Markels and 
 other ntfluera 
 employed 
 about the 
 markets. 
 To let etalli, 
 nnd regulate 
 the aale of 
 artlclfs ou 
 the luarkett. 
 
 Weighing & 
 meanuring. 
 
 To regulate 
 vehicles in 
 market!!, and 
 ini|i(i8ing du- 
 ticti thereon. 
 
 To establish 
 a Board of 
 Health. 
 
 !•» 
 
 For changing the site of any market or market place 
 withm 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, for any other public purpose whatever, any 
 law, statute, or usage, to the contrary notwithstanding ; 
 saving to any party aggrieved by any Act of the said 
 Council respecting any such market or market place, any 
 renriedy such party may, by law, have against the Corpo- 
 ration of the said City, for any damage by such party 
 sustained by reason of such Act. 
 
 P'or determining and regulating the powers and duties 
 of the Clerks of the markets in the said City, and of all 
 other officers and persons employed, or to be employed, 
 by the said Council, in or about any of the said markets : 
 and for letting the stalls and other places for selling or 
 exposing to sale, any kind of goods or commodities in 
 the said markets, or upon the said market places ; and 
 for imposing, regulating, fixing, and determining the 
 duties, taxes, or rates to be paid by any person or persons 
 selling or retailing, in or at any of the said markets, any 
 provisions, vegetables, butchers' meat of any kind, grain, 
 fowls, hay, straw, fire-wood, or any other thing or things 
 whatever ; and for regulating the conduct of all persons 
 buying or selling in or at any of the said markets; and to 
 provide for the weighing, or measuring as the case may 
 require, at the instance of any party interested, by any 
 officer or other person 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. 
 
 For regulating all vehicles of every kind whatever, in 
 which any articles shall be exposed for sale in any public 
 market, or in any street or public place, within the said 
 City, and for imposing a duty or duties on such vehicles, 
 and establishing the mode in which such duty or duties 
 shall be collected and paid. 
 
 For establishing a Board or Boards of Health for and 
 within the said City, 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 disease, oi for diminishing the 
 danger of, or arising from the same. 
 
 i 
 
35 
 
 For regulating the weight or measurement of all fire- 
 wood, coals, and salt, and of all grain brought into the 
 said City, for sale and consumption therein ; for regulating 
 and determining in what manner, either .^y measurement 
 or weight, or both measurement or weight, any or all 
 of the said articles shall hereafter be bought and sold in the 
 said City, and for appointing measurers and weighers of 
 all such articles, and establishing and regulating the lees 
 to be paid to such officers, and the duties they shall 
 perform. 
 
 For assessing the proprietors of real property, for such 
 sum or sums as may at any time be necessary to defray the 
 expenses of making or repairing any common s»-wer, in 
 any public street or highway within the said City, and 
 immediately in front of such real property respectively, 
 and for regulating the mode in which such assessments 
 shall be collected and paid. 
 
 To compel the proprietor or proprietors of all real pro- 
 perty within the City limits to enclose the same. 
 
 For directing and requiring the removal, at any time, of 
 any door steps, porches, railings, or other projections into, 
 or obstructions in, any public street or highway within the 
 said City, by and at the expense of the proprietors of the 
 real property, in, or on which such projection or obstruc- 
 tion shall be found. 
 
 For defraying out of the funds of the said City, the ex- 
 pense of lighting the said C'*y; or any part thereof, with 
 gas, or with oil, or in any other manner, and of performing 
 all such work of any kind, as may be necessary for such 
 purposes ; and for obliging the proprietors of real property, 
 in any part of the City so lighted or to be lighted, to allow 
 such work to be performed on or in such property, respec- 
 tively ; and such pipes, lamps, lamp-posts, and other con- 
 trivances or things as may be necessary for the purpose 
 aforesaid, to be fixed in or upon such property, or any 
 building thereon ; the expense of all such work being, in 
 every case, defrayed by the said Council, and out of the 
 funds of the said City. 
 
 For altering the level of the foot-paths or side-walks in 
 any street or highway within the said City, in such man- 
 ner as the said Council shall deem conducive to the conve- 
 nience, safety and interest of the inhabitants of the said 
 City : Provided always, that the said Council shall and 
 may make compensation out of the funds of the said City, 
 to any person whose property shall be injuriously affected 
 
 To rffitUta 
 weight nr tire. 
 Wiiud, ciiala, 
 
 'lit anil gratn. 
 
 To ••!*«• real 
 
 property for 
 common mw- 
 eri. 
 
 To compel the 
 cnclo-iurc of 
 all 'eal pro- 
 iK-rty. 
 
 To rpquire 
 thp removal 
 of door itepi. 
 
 To defray 
 the expense of 
 lighting the 
 city. 
 
 To alter leveli 
 
 I'roviso for 
 compensation 
 
36 
 
 i 
 
 Tn pull liowii 
 g.'t wallt, AC, 
 
 To rPKiil4tc 
 the wiMKJit 
 mill >|ii.tlity of 
 
 I'll rpgiil.ite 
 wrvdiitN 
 
 Tn prevent 
 gaining. 
 
 To reRulHto 
 rotryiiicii and 
 
 lUIKllllg lllaCL'g 
 
 To (Vtprmlne 
 
 coiiiL-titeil 
 ek'ttiuns. 
 
 Tocnmppl the 
 attcntlanue uf 
 inciiiUcru, 
 
 To loRiilato 
 the ci'ii»rabu. 
 lary force. 
 
 To assess the 
 rilizciis for 
 watering and 
 
 by any such alteration of the level of any foot-path in front 
 thereof. 
 
 To pulldown, demolish and remove, when necessary, all 
 old dolapidatcd or ruinous walls, chimnies and buildings 
 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 by what party or parties 
 the expense thereof shall be borne. 
 
 F'or regulating, fixing, and determining the weight and 
 quality of all bread that may bo sold or olfercd for sale 
 within the said City of Montreal. 
 
 For restraining, ruling, and governing apprentices, 
 domestics, hired servants, and journeymen, in the said City 
 of Montreal, and for the conduct of masters and mistresses 
 towards their said a[)prenticos, domestics, hired servants, 
 and journeymen within the said City of Montreal. 
 
 To prevent gaming or the keeping of any gaming-house 
 or place for gaming in the said City. 
 
 For the government of persons plying as ferrymen, to 
 the said City of Montreal, from any place within nine 
 miles of the said City, and to establish a tariff or tariffs of 
 fees to be taken by such ferrymen ; and also to fix and 
 determine what places in the said City may be used as 
 landing-places, and respecting all other matters and things 
 connected with such ferries and landing-places. 
 
 To regulate the form and manner in which any election 
 of a Councillor or Councillors for the said City may bo 
 contested, and the form and manner in whicli any contest 
 or contests that may arise, touching any such election or 
 elections, may be judged and determined by the said Coun- 
 cil, or by any Committee to be named for such purpose. 
 
 To compel the attendance of the members of the said 
 Council at all quarterly and other meetings of the said 
 Council, and the regular performance by the said members 
 of the said Council of their respective duties as members 
 of the said Council. 
 
 For the governing, regulating, arming, clothing, lodging 
 and paying of the men and officers of the Constabulary force 
 to be established under this Act, and for regulating the 
 residence, classification, rank, service, inspection and dis- 
 tribution of the said for ^e ; and for the government gener- 
 ally of the said Constabulary force, so as to prevent any 
 neglect of duty or abuse of power on the part of the mem- 
 bers composing the force last mentioned. 
 
 For assessing the Citizens residing in any particular 
 street, lane, square, or section of the City in any sum or 
 
37 
 
 to 
 
 sums necessary to meet the expense of Hweoping nml 
 watering the said street, lune, square or section of the 
 City, providetl that not less tlian twivthirds of the said 
 Citizens residing as aforesuid, in such said street, lane, 
 sijuare, or section, shall have tirst prayed or demanded to 
 have the same swept or watered ; and provided also, that 
 the said assessment shall in no case exceed the amount of 
 three pence in the pound. To impose a special assessment 
 over and ahovo all other rates or assessments which the 
 said Council arc empowered to impose, to defray and meet 
 the expenses of any building or buildings, or other properly 
 whatsoever that may be demolished, destroyed, injured, 
 damaged, or deteriorated in value, by any mob, tumul- 
 tuous assemblage, or riotous persons whomsoever in the 
 said City. 
 
 And by any such By-Law, for any of the purposes 
 aforesaid, the said Council may im[)ose such fines, not 
 exceeding five pounds, or such imprisonment, not exceed- 
 ing thirty days, or both, as they may deem necessary for 
 enforcing the same. 
 
 LT. And be it enacted, That it shall moreover be law- 
 ful for the said Council of the said City, at a meeting or 
 meetings of the said Council, composed of not less than 
 two-thirds of the members of the said Council, to make 
 By-Laws, which shall bo binding on all persons, for the 
 following purposes, that is to say : — 
 
 To prohibit and prevent the construction or erection of 
 any wooden dwelling-house in, or within the distance of 
 one hundred feet from any of the following streets in the 
 Suburbs of the said City, that is to say,— Saint Mary 
 Street, Saint Lewis Street, Saint Lawrence Street, Saint 
 Antoine Street, Saint Joseph Street, and Wellington 
 Street, or in or within the distance of one hundred feet 
 from any part of Craig Street or McGill Street, in the 
 Suburbs of the said City, any law, usage or custom to the 
 contrary notwithstanding. 
 
 To prohibit and prevent the construction of any wooden 
 building, of any kind or description whatever, within that 
 part of the said City which is bounded by the River Saint 
 Lawrence, by Craig Street and Saint Lewis Street, by 
 Lacroix Street and McGill Street. And to require and 
 enforce, within three years from the passing of a By-Law 
 or By-Laws for that purpose, or within such longer time 
 as to the said Council may seem fit, the erection of supar- 
 
 •w*i>liiH any 
 
 imrilfulitr 
 
 •trevt. 
 
 'I'o a«im Tiir 
 
 trote<l tiy mull 
 orituringrtuti 
 
 Mmltatinn 
 of fliii'it HnJ 
 iini>riauiiineii 
 
 Council to 
 make by. Uw, 
 
 To pioliihit 
 the cri'ctio ) 
 of woixicii 
 dwelling 
 houiies in cer- 
 tain inaiii 
 Btieela. 
 
 To proliibit 
 the erection of 
 any kind nf 
 wooden build- 
 ing within a 
 certain part of 
 the town. 
 
 To cause the 
 construction 
 of separation 
 Wiilli of stunc 
 or brii'k. 
 
aHi i i ai ft mL M ^a m -f---. • 
 
 38 
 
 • ation walls of stone or of brick, and of such height and 
 thickness as the said Council may deem necessary, between 
 all lots of land belonging to different proprietors, and situ- 
 ated on the last mentio ned part of the said City, any law, 
 usage or custom to the contrary notwithstanding. 
 To prohibit To prohibit the erection of any high pressure steam- 
 
 the erection of • '^ ,i , . vi • i ■• • « , 
 
 high-prewure cugme, or Other steam engme, withm the limits of the said 
 engines. ^-j.^^ uulcss the buildiug containing the same, shall be 
 distinct from any other building, and from the line of any 
 street, square, lane, or other thoroughfare, at least one 
 hundred feet ; and by any By-Law for the above purpose, 
 for which the Council are authorized by this section of 
 this Act, to make any By-I.aw, the said Council may im« 
 pose such fines, not exceeding ten pounds, or such im- 
 prisonment not exceeding ninety days, or both, as they 
 may deem expedient for enforcing the same. 
 
 power^"t?" ^^\ "'^"^ ^^ ^^ enacted, That it shall be lawful for 
 impose penal- the Said Couucil of the said City, at a meetinsr or meet- 
 
 ty on assessor* • e .v. ' ^ r\ -i i<. .°. 
 
 neglecting iHgs 01 the saiQ Council, composod of not less than two- 
 tiieirduty. thirds of the Said Council, to impose by By-Law, a penalty 
 not exceeding one hundred pounds, currency of the 
 said Province, on any Assessor or Assessors of, in or for 
 the said City or any Ward thereof, refusing or wilfully ne- 
 glecting to attend to, perform or fulfil, the duty or duties, 
 which he or they, the said Assessor or Assessors, are or 
 may be bound and required by law to attend to, perform 
 and fulfil. 
 
 / \ 
 
 Council may 
 make by. laws 
 to prevent ac- 
 
 identg by Are, 
 
 and conduct 
 of person g at 
 any fire; 
 
 To appoint 
 nfflrc" (o rsr- 
 ry such rules 
 into efTeet ; 
 
 Lin. And for the better protection of the lives and 
 property of the inhabitants of the said City, and for pre- 
 venting accidents by fire therein, — be it enacted. That 
 from and after the passing of this Act, the said Council 
 of the said City, at a meeting of the said Council, com- 
 posed of not less than two-thirds of the members of the 
 said Council, shall, moreover, have full power and au- 
 thority to make By-Laws, which shall be binding on all 
 persons, for the following purposes, that is to say : — 
 
 For establishing such rules and regulations as they shall 
 deem expedient for preventing accidents by fire, and for 
 the condi"**^ of all persons present at any fire within the 
 said City. 
 
 For appointing all such officers as they may deem, neces- 
 sary for carrying such rules and regulaUons" as aforesaid, 
 into effect, and for prescribing the duties of such oflicers. 
 
 )-.i^A 
 
39 
 
 f *- f 
 
 and providing for their adequate remuneration out of the 
 funds of the said City. 
 
 For defraying, out of the said funds, any expenses that 
 they may deem it right to incur, for the purchase of en- 
 gines or apparatus of any kind, or for any other purpose 
 relative to the prevention of accidents by fire, or to the 
 means of arresting the progress of fires. 
 
 For authorising such officers as shall be appointed by 
 the Council for that purpose, to visit and examine at suit- 
 able times and hours, to be 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 ob- 
 served snd obeyed ; and for obliging all proprietors, pos- 
 sessors 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. 
 
 For vesting in such members of the said Council, and 
 in such officers as shall be designated in such By-Laws, 
 the power of causing to be demolished or taken down, all 
 buildings or fences which such members or officers shall 
 deem necessary to be demolished or taken down, in order 
 to arrest the progress of any fire. 
 
 For preventing thefts and depredations at fires, and for 
 punishing any person who shall resist or maltreat any 
 member or officer of the Council, in the execution of any 
 duty assigned to him, or in the exercise of any power 
 vested in him by any By-Law, made under the authority 
 of this section. 
 
 For defraying out of the funds of the City, any expense 
 to be incurred by the said Council, in assisting any person 
 in their employ, who shall have received any wound or con- 
 tracted any disease at any fire, or in assisting or providing 
 for the family of any person in their employ who shall 
 perish at any fire, or in bestowing rewards in money, med- 
 als, or otherwise, upon any person who shall have per- 
 formed any meritorious action at any fire. 
 
 For establishing, or authorizing to be established, after 
 any and every fire in tho said City, if deemed necessary, 
 a judicial enquiry into the cause and origin of such fire, 
 for which purpose the said Council or any Committee 
 
 tVlorpnt- niltnnriypd fn tVio affont ofnroaaiA io ViorpK" Q!!-. 
 
 thorized and empowered to compel the attendance of 
 parties and witnesses before them, under pain of fine or 
 
 To defray ex- 
 pentten tu pre- 
 vent fitet J 
 
 To authorise 
 officers to visit 
 buildings^ for 
 the purpose of 
 enforcing 
 sucli by-laws ; 
 
 To authorise 
 the demolition 
 of buildings In 
 case of fire ; 
 
 To prevent 
 depredations 
 St fires ; 
 
 To defray 
 the expenses 
 incurred by 
 wounds or dis- 
 eases con. 
 tracted at 
 fires, or to 
 grant pensions 
 
 To cause n» 
 enquiry to be 
 made as to the 
 cause and ori- 
 gin of fires. 
 
40 
 
 imprisonment, or both ; to examine them on oath ; and to 
 commit for trial any party or parties against whom well 
 grounded cause of suspicion may be found of their having 
 wilfully or maliciously originated the said fire or fires. 
 To make a For imposingf over and above all other rates, assessments 
 n.entoi three or dutios, which the said Council are empowered to im- 
 
 |)eiice in Uie , ^ ^ ^ i j j 
 
 pound. pose, an annual rate or 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 three pence in the pound on the assessed value of 
 the property lying and being within the said City, and for 
 regulating the time and manner in which such rate or as- 
 sessment shall be collected ; and by any By-Law, for any 
 of the purposes for which the said Council are authorised 
 by this section of this Act to make any By-Law, the said 
 Fines and Couucil may impose such fines not exceeding five pounds, 
 
 imprisonment ^^ ^^^ imprisonment not exceeding thirty days, or both, 
 as they may deem expedient for enforcing the same. 
 
 limited. 
 
 'Firemen ex. 
 cmpted from 
 certain duties. 
 
 LIV. And be it enacted. That any person enrolled 
 and serving in any fire, hose, hook or ladder, or property 
 protecting company, established or to be established by 
 the said Council, or \\. any such company under the con- 
 trol and management of the said Council of the said City, 
 shall, during the time he may so continue enrolled and 
 serve, be exempted from the payment of the commutation 
 money for statute labor, and from serving as a Juror, Con- 
 stable or Militia man, excepting during any war or invasion 
 of the Province. 
 
 Oiimnies how 
 to be swept. 
 Sweeps to be 
 licented. 
 
 LV. And whereas, the different systems of chimney- 
 sweeping that have heretofore been in use in the said 
 City, have proved to be defective and bad, and it is highly 
 important to establish an efficient system of chimney- 
 sweeping : Be it therefore enacted, That it shall be 
 lawful for the said Council to grant to persons intending 
 to pursue the occupation of chimney-sweeping in the said 
 City, or in any part thereof, licences to sweep chimneys for 
 gain or hire in the said City, or in such ^^art thereof as the 
 licence, or licences so to be granted may extend, upon the 
 payment of such duty or tax in that behalf, and upon such 
 other terms and conditions as the said Council may deem 
 it expedient to impose, and from and after the passing of 
 this Act, no person shall for gain or hire sweep any 
 
 "■"ri 
 
41 
 
 chimney, or part of any chimney in the said City, or for 
 gain or hire cause any chimney in the said City to be 
 swept, without having received a licence from the said 
 Council to sweep chimneys in the said City, or in some 
 part of the said City to be designated in the said licence ; 
 nor from and after the passing of this Act, shall any per- 
 son having received any such licence for gain or hire 
 sweep any chimney or part of a chimney, nor for gain or 
 hire cause any chimney or part of a chimney to be swept, 
 after the time for which such licence shall be granted, or 
 at any place within the said City to which such licence 
 shall not extend, or beyond the limits mentioned in such 
 licence ; nor shall any person, having obtained such 
 licence, charge or receive, either directly or indirectly, 
 any greater sura or allowance of any kind, for the sweep- 
 ing of any chimney or part of a chimney, or for any work 
 or service connected therewith, or for any service to be 
 performed under such licence, than he may be allowed to 
 charge under the tariff to be established in that behalf, as 
 hereinafter provided for, under a penalty of twenty-five 
 shillings currency, for each and every offence against any 
 one or more of the foregoing provisions in this section of 
 this Act contained. 
 
 Ilnwanccs fo 
 ch »wc'i'|is lo 
 ' t'>tal)lisllt'd 
 ii taiitf. 
 
 LVI. And be it enacted. That it shall be lawful for the S'^tpm! 
 said Council, at a meeting or meetings of the said Council, '"^ ^"^eaps. 
 composed of not less than two-thirds of the said Council, 
 to make By-Laws, which shall be binding on all persons, 
 for causing all chimneys, within the said City, to be 
 swept by a licensed sweep, in such manner, at such times, 
 and so often as the said Council shall appoint, and to es- 
 tablish a tariff of the rates or prices to be paid to such 
 licensed sweeps for the sweeping of chimneys ; and in 
 every case in vvhich a chimney shall take fire in the said ,aKi.,^^HTt"*'a 
 City, the occupant of the house in which such chimney ^'^^T^y •" [•« 
 p^*** j shall take fire, shall pay a penalty of not less than twenty- whom."'" 
 
 five shillings, currency, and not more than fifty shillings, 
 currency, at the discretion of the Court before which the 
 recovery of such penalty shall be sought, together with 
 the costs of suit, unless the occupant of the house in which 
 such chimney shall take fire, shall have caused, and prove 
 that he caused the chimney that may have so taken fire, 
 to be swept by a licensed sweep, and unless it appear 
 that, according to the By-Laws of the said City of Mon- 
 treal, it was not incumbent on such occupant to cause 
 such chimney to be swept between the time of (he sweep- 
 
cliimneys. 
 
 42 
 
 ing thereof by such licensed sweep, and the time at which 
 conrtruction ^"ch chimncy may have taken fire : Provided always 
 CI'SS that any occupant of any part of a house in the said Citv' 
 naa.re'„'f°uch ^.^^ "^^^ "^«> ^r cause to be used, the whole or any part 
 e.na.„evs. of a chimney in, or attached to, or forming a part of any 
 such house in the said City, shall be considered, for all 
 and every the purposes of this section of this Act, as the 
 occupant of such house ; and provided further, that if any 
 chimney that may so take fire, be in the use or be used by 
 the occupants of different buildings, or by the occupants of 
 different parts of the same building, each such occupant 
 shall be subject to the same liabilities, in all respects, as 
 it such chimney had been in his sole use ; and provided 
 also, that any chimney which may be used in any way, 
 for the purpose of heating any building, or of conducting' 
 the smoke from any building, or for any such purpose, 
 whether such chimney be inside or outside of such build- 
 ing, or partly inside and partly outside such building, 
 shall be considered as a chimney in such building, for all 
 and every the intents and purposes of this Act. 
 
 LVir. Provided always, and be it enacted. That a 
 copy of every By-Law to be made by virtue of this Act, 
 shall be transmitted with all convenient speed, after the 
 making thereof, to the Governor of this Province for the 
 time being : and it shall be lawful for the said Gover- 
 nor, 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 Bv-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 effect ; Provided also, that all 
 By-Laws repugnant to any Law of the land, or to any Act 
 of the Legislature of this Province, shall be null and void. 
 
 LVIII. Provided always, and be it enacted, That all 
 and every the rules, orders, and regulations and acts of 
 authority, legally made by the said Council since the pass- 
 ing of the said Ordinance to incorporate the said City and 
 Town of Montreal, or by the Justices of the Peace for the 
 District of Montreal, before the passing of the last men- 
 tioned Ordinance to incorporate the said City and Town of 
 Montreal, which may be in force at the time of the passing 
 
 '■ "5 -'*"'ii vOmiiiue, uu, iiiui rcrnam m luii lorce ana 
 
 virtue, until the same shall be rescinded, repealed or altered 
 
 All by-luws 
 to be (libinit- 
 ted to tl.e Uo- 
 veriior, and 
 may be disal. 
 lowed. 
 
 All by. Jaws 
 in force, to 
 continue in 
 force. 
 
 / \ 
 
43 
 
 /f 
 
 by the said Council, under llie autlioiily of tliis Act, or by 
 other competent legal fiuthority. 
 
 LIX. And be it enacted, That the said Council shall how ccnci 
 have full power and authority, notwithstanding^ any law to ."Zai eMau'!'" 
 the contrary, to purchase and acquire, or take and enter 
 into, after paying tendering or depositing the value thereof, 
 to be ascertained as hereinafter provided, such land, 
 ground, or real property of any description, within the said 
 City, as may by them be deemed necessary, for opening 
 new streets, squares, market places, or other public high- 
 ways or places, or for continuing, enlarging, or otherwise 
 improving those streets, squares, market places, or other 
 public highways or places now made, or the neighbour- 
 hood thereof, or as a site for any public building to be 
 erected by the said Council, and to pay to, or for the use 
 of the proprietor or proprietors of such ground or real 
 property, and out of any fimds of the said City, now in, or 
 which shall hereafter come into their hands, such sum or 
 sums of money as may be agreed upon as the value of 
 such ground or other property, by the party proprietor 
 thereof, and the said Council respectively, or ascertained 
 in the manner hereinafter mentioned, incase they shall 
 not so agree upon the same. 
 
 LX. And be it enacted. That it shall be lawful for all cofpoMtJons. 
 
 /-i ,• 1111 husbands, tu- 
 
 Uorporations, aggregate or sole, husbands, tutors or guar- 'o"- curators. 
 dians, curators, greves de substitution, aad all trustees what- ed'to seii^and 
 soever, who are or shall be seized or possessed of, or in- cSi."**"* 
 terested in, any piece or pieces, parcel or parcels of ground 
 or other real property within the said City, selected and 
 fixed upon by the said Council for any of the purposes 
 I aforesaid, not only for themselves, their heirs and succes- 
 sors, but for and on behalf of all persons whom they re- 
 present, or for whom or in trust for whom they are or shall 
 be seized, possessed or interested as aforesaid, whether 
 minors or issue unborn, lunatics, idiots, femes covert or 
 other person or persons, to contract for, sell and convey 
 such piece or pieces, parcel or parcels of ground, to the 
 Corporation of the Mayor, Aldermen and Citizens of the 
 City of Montreal ; and such contracts, sales and convey- 
 ances shall be valid and effectual in law, to all intents and 
 purposes whatsoever, anv law or custom to the cnntrp.ry 
 notwithstanding ; and all Corporations and persons what- 
 soever, so contracting, selling or conveying as aforesaid, 
 
 F 
 
44 
 
 are hereby indemnified for and in respect of such sale, 
 which he, she or they shall respectively make by virtue of 
 or in pursuance of this Act, saving always the rights of 
 any person or party to the whole or any part of the pur- 
 chase money or compensation to be paid by the said Cor- 
 poration for any real property purchased or taken as 
 aforesaid. 
 
 pens.tion to' LXF. And be it enacted. That in all cases where the 
 in llVulin said Council, and -sons seized, or possessed of, or 
 
 cases by jury, interested in the sa .es or parcels of ground, or other 
 
 real property, or any ot them, or any part thereof, shall 
 be absent, or shall not be known, or shall not, by voluntary 
 agreement, settle and determine the price and prices, 
 compensation and compensations tc be paid for the said 
 premises, or any part thereof, such price and prices, com- 
 pensation and compensations, shall be ascertained, fixed 
 and determined in manner following, that is to say : — The 
 Justices of the Peace, resident within the said City and 
 Town of Montreal, in a special session to be for that pur- 
 pose holden, upon a petition to them addressed, and upon 
 proof, that notice in writing was given one month previously 
 to the party seized, possessed of, or interested in such 
 pieces or parcels of ground or real property, or his. or her, 
 or their tutor, curator, administrator, attorney, agent, or 
 curator ad hoc, of the intention of the said Council to 
 present such petition to the said Justices of the Peace, for 
 the purpose of taking possession of, entering into, and ap- 
 propriating to the use of the said Corporation, such pieced 
 or parcels of ground or other real property, shall summon 
 a Jury of twelve disinterested persons, taken from among 
 the persons resident within the said City, qualified to be 
 special jurors in civil cases; and the said Jurq shall de- 
 termine upon their oaths, the amount of the price or com- 
 pensation which they shall deem reasonable, to be paid by 
 the said Corporation, for such pieces or parcels of ground 
 or real property as aforesaid : Provided always, that any 
 determination as aforesaid, in which any nine of the jurors 
 shall agree, shall, for the purposes of this Act, have the 
 the same effect as if all the jurors had agreed therein. 
 
 pmy%°o''be' LXII. And be it enacted, That on payment of the 
 
 vested in the prlcc Or prlces, compensation or compensations, to be fixed 
 
 pa"ymcnt or and determined as aforesaid, or in case of refusal or neglect 
 
 mCy i°fccr. to accept the same, or in case it should be doubtful to what 
 
 tain caees. 
 
.^ 
 
 as 
 
 ^.. 
 
 45 
 
 person or party the same shall of right belong, on the de- 
 posit thereof in the hands of the Prothonotary of the Court 
 of Queen's Bench for the District of Montreal, for the use 
 of the person or persons or party entitled to the same, the 
 right of property, title and interest in and to such pieces or 
 parcels of ground or other real property respectively, for 
 which such price or prices, compensation or compensations 
 shall be payable, shall be divested out of the person or 
 persons or party seized and possessed thereof or entitled to 
 the same, and shall become and be vested in the Corpora- 
 tion of the Mayor, Aldermen and Citizens of the City of 
 Montreal; and the Council of the said City may, after fif- 
 teen days notice in that behalf to the proprietor, possessor 
 or occupant of the piece or parcel of land to which such 
 award shall relate, enter upon, take possession of, and use 
 such pieces or parcels of land, for any of the purposes 
 authorized by this Act, any law, statute or usage to the 
 contrary nothwithstanding. 
 
 LXIII. And be it enacted. That all the provisions and • Prnvigion« 
 enactments of the two sections next immediately preceding comix^n's'l.tion 
 this section, with regard to the mode in which the value of ^"J'^^'-i^ths 
 any real property, taken by the said Council, shall be 
 ascertained, and the amount thereof paid or deposited, in 
 certain cases, shall be, and are hereby extended to all cases 
 in which it shall become requisite to ascertain the amount 
 of compensation to be paid by the Council, to any proprietor 
 of real property for any damage by him sustained, by reason 
 of any alteration made by order of the said Council, in the 
 level of any foot-path or side-walk, or by reason of the re- 
 moval of uny establishment, subject to be removed under 
 any By-Law that may be passed under the fifty-sixth or 
 other section of this Act, or to any party by reason of any 
 other Act of the said Council, for which they are bound 
 to make compensation, and with regard to the amount of 
 compensation for which damage, the party sustaining the 
 same, and the said Council shall not agree. , 
 
 LXIV. And be it enacted. That all Corporations, J;7i:>v'lt"' 
 ecclesiastical or civil, whose property, or any part of whose {.eMs^kHribr 
 property, shall be conveyed to, or taken by the said Corpo- progeny, 
 ration of the City of Montreal, under the authority of this 
 Act, may invest the price of compensation paid for the 
 property so conveyed or taken, in other real property in 
 any part of this Province, and may take and hold the same 
 without Her Majesty's Letters of Mortmain, any law to 
 the contrarv notwithslandinf;;. 
 
46 
 
 Coiiitabtilary 
 force eitab- 
 liahed. 
 
 Authority 
 to apprehend 
 iillc and disur- 
 derly person^!. 
 
 LXV. Anil be it enacted, That it shall bo lawful for 
 the said Councd, as soon after the passing of this Act as 
 may be, and from time to time thereafter as occasion may 
 require, to appoint, either from the police force, now under 
 the control of the said Council, or from any other persons, 
 a sufficient number of fit men, who shall be sworn before 
 some Justice of the Peace for the District of Montreal to 
 act as constables for preserving the peace by day and' by 
 night, and preventing robberies and other felonies, and 
 apprehending offenders against the peace ; and the men so 
 sworn, shall not only within the City of Montreal, but also 
 within the whole of the District of Montreal, have all such 
 powers and privileges, (and be liable to all such duties and 
 responsibilities,) as any constable or peace officer now has, 
 or hereafter may have, within the place to which his appoint- 
 ment extends, by virtue of the laws now in force, or here- 
 ter to be in force, in Lowrr Canada : and it shall also be 
 Jawtul for the said Council to appoint such officers to super- 
 intend and assist in the management of the said constabulary 
 force, as to the said Council may seem needful, and to give 
 to such officers, so appointed, such names, and to assign to 
 them suuh duties as to the said Council may seem proper; 
 and the said officers and men so to be appointed, shall obey 
 all such lawful commands as they may receive from the said 
 Council ; and any officer or officers, so to be appointed, shall, 
 during his appointment, have not only all the powers and 
 privilegesof a constable appointed under this Act, but also 
 all such powers as may be necessary for the legal fulfilment 
 of any duty or duties lawfully assignad to him by the said 
 Council, and the said Council, or any member or members 
 of the said Council, authorized to that effect by the said 
 Council, may, at any time, suspend or dismiss any officer 
 or constable appointed under this Act, whom they shall 
 think negligent in the discharge of his duty, or otherwise 
 unfit for the same, and appoint others in their place ; and 
 the officers of the said constabulary force, shall hav6 such 
 power in relation to the government, control, dismissing or 
 suspending of the constables, so to be appointed, as the^aid 
 Council may think proper, by a By-Law in that behalf, to 
 give to the said officers respectively. 
 
 LXVI. And be it enacted. That it shall be lawful for 
 any constable, during the time of his being on duty, to 
 apprehend all idle and disorderlv norcono «tI,o»v- u^ oKj,!! 
 find disturbing the public peace, or whom he shall have 
 lust cause to suspect of intention to commit a felony, and to 
 
 / \ 
 
 r-'-f 
 
47 
 
 deliver any person so apprehended, into the custody of the 
 officer or constable appointed under this Act, who shall be 
 in attendance at the nearest watch-house, in order that such 
 person may be secured until he can be brought before a 
 Justice of the Peace, to be dealt with according to law, or 
 may give bail to such constable or officer for his appearance 
 / \ before a Justice of the Peace, if such officer or constable 
 
 shall think fit to take bail in the manner hereinafter men- 
 tioned. I 
 
 LXVII. And be it enacted. That when anv person 
 charged with any petty misdemeanour, shall be'brought, 
 without the warrant of a Justice of the Peace, into the 
 custody of any officer or constable appointed under this 
 Act, during his attendance in the night time, at any 
 watch-house, within the said City as aforesaid, it shall be 
 lawful for such officer or constable, if he shall think fit, to 
 take bail by recognizance, without any fee or rev/ard 
 from such person, conditioned that such person shall ap- 
 pear for examination within two days before a Justice of 
 \ the Peace within the said City of Montreal, at some time 
 
 and place to be specified in the recognizance, and every 
 recognizance so taken, shall be of equal obligation on the 
 parties entering into the same, and liable to the same pro- 
 ceedings for the estreating thereof as if the same had been 
 taken before a Justice of the Peace, and such officer or 
 constable shall enter into a book, to be kept for that purpose 
 in every watch-house, the names, residence, and occupation 
 I of the party, andhis surety or sureties, if any, entering into 
 
 I such recognizance, together with the condition thereof, with 
 
 I he sums respectively acknowledged, and shall lay the same 
 
 i before such Justice as shall be present at the time and place, 
 
 when and where the party is required to appear ; and if 
 the party does not appear at the time and place required, 
 or within one hour after, the Justice shall cause a record cf 
 ^'--if the recognizance to be drawn up, to be signed by the 
 
 constable, and shall return the same to the next General 
 or Quarter Sessions of the Peace for the District of Mon- 
 treal aforesaid, with a certificate at the back thereof, signed 
 by such Justice, that the party has not complied with the 
 obligation therein contained ; and the Clerk of the Peace 
 shall make the like estreats and schedules of every such 
 recognizance, as of recognizances forfeited in the Sessions 
 of the Peace ; and if the party not appearing, sh-iU apply 
 by any person on his behalf, to postpone the hear-ng of the 
 charge against him, and the Justice shall think fit to con- 
 
 - Ball to be 
 taken in cer. 
 lain cuea. 
 
*'^'-^-^'*mmmmim#m 
 
 Officer or con. 
 •table puiiiah. 
 able for neg. 
 lecl of duty. 
 
 Persons as- 
 •aiiltiiig an 
 olBcer or con. 
 stable, hiiw 
 puuisbud. 
 
 Mayor'sCouit 
 establiahid. 
 
 48 
 
 sent thereto, the Justice shall be at liberty (o enlarge the 
 recognizance to such furtiier time as he shall appoint • and 
 when the matter shall be heard and determined, either by 
 the dismissal of the complaint or by binding the party over 
 to answer the matter thereof at the Sessions, or otherwise 
 the recognizance for the appearance of the party before a 
 Justice, shall be discharged without fee or reward. 
 
 LXVIII. And be it enacted, That if any officer or con- 
 stable, to be appointed as aforesaid, shall be guilty of any 
 neglect of duty, or of any disobedience of any lawful 
 order, every such offender, being convicted thereof before 
 the Mayor's Court, to be established by this Act, shall 
 for every such offence, be liable to be imprisoned for any 
 time not exceeding thirty days, or to be fined in any sum 
 not exceeding fifty shillings, or to be dismissed from his 
 office, or to any two or to all of the said punishments, as 
 the said Mayor's Court shall in their discretion think 
 meet. 
 
 LXIX. And be it enacted. That if any person shall 
 . assault or resist any officer or constable appointed under 
 this Act, in the execution of his duty, or shall aid or 
 incite any person so to assault or resist, every such offender 
 being convicted thereof before any two Justices of the 
 Peace, or before the eaid Mayor's Court, shall, for every 
 such offence, forfeit and pay such sum, not exceeding fve 
 pounds, as the said Mayor's Court or the said Justices 
 shall think meet ; Provided always, that nothing herein 
 contained sball prevent any prosecution by way of indict- 
 ment against any person so offending, but so as that such 
 person shall not be prosecuted by indictment, and also 
 proceeded against under this Act for the same offence. 
 
 LXX. And whereas it is expedient to provide a sum- 
 msuy and inexpensive mode of recovering the debts, fines 
 and penalties, and of hearing and determining the offences 
 hereinafter mentioned : Be it therefore enacted, That it 
 shall be lawful for any three of the members of the said 
 Council to hear and determine all causes and suits that 
 may be brought by the said Corporation of the said City, 
 for the recovery of any sum or sums of money that may 
 be due and payable to the said Corporation of the said 
 
 llltv. as tVkO amminf of n»"' '••'sf'> q- •— i- ^ J--' 
 
 ~ V' — " * ""J p"*'^* aascEDUlcill, lUA, uuiy, 
 
 or impost, lawfully imposed by any By-law, rule, regula- 
 tion, or order now in force, or that hereafter may be in 
 
4\) 
 
 I 1} 
 
 force in the said City, whether made by the said Justices 
 of the Peace for tiio District of Montreal before the 
 passing of the said Ordinance to incorporate the City 
 and Town of Montreal, or heretofore made, or hereafter 
 to be made by the said Council ; and also, to hear ^nd 
 determine all offences against any such By-law, rule, 
 regulation, or order, or against any law concerning any 
 market or markets in the said City, or against any law 
 concerning any assessment, tax, or duty, to be levied in 
 the said City; and also, to hear and determine all suits 
 and prosecutions that may be brought for the recovery of 
 any fine or penalty that may hereafter be incurred, and 
 be due and payable under any such By-law, rule, regula- 
 tion, or order now in force, or that hereafter may be in 
 force in the said City as aforesaid, or under this Act, or 
 under any Aci or Acts concerning any market or markets 
 in the said City, or under any Act or Acts concerning 
 assessment to be raised in the said City : And for the 
 purposes aforesaid, any three of the members of tho said 
 Council shall, at such place in the said City of Montreal 
 as they may deem proper, hold a Court, from time to 
 time, as occasion may require, to be called the Mayor's 
 Court, in which the Mayor when present shall preside, 
 and the City Clerk of the City of Montreal shall be the 
 Clerk of the said Mayor's Court ; and the precepts, 
 writs, and processes to be issued out of the said Mayor's 
 Court, shall not require to be under any seal, but shall 
 run and be in the name and stjle of Her Majesty, Her 
 Heirs or Successors, and shall be signed by the Mayor 
 of the said City of Montreal, and be countersigned by 
 the ?aid Clerk ; ar d any three of the members of the 
 said Council, are hereby authorized and empowered to 
 summon by a writ, to be signed and countersigned as 
 aforesaid, the party accused of any offence as aforesaid, 
 or from whom any sum of money shall be claimed for any 
 one or more of the causes in this section before set forth, 
 and the witnesses to be heard as well in his favour as 
 against such party, and upon the appearance or default of 
 the party accused or complained against, in not appear- 
 ing, upon proof of service of such summons by the return 
 in writing of the person who made the service,* to proceed 
 with the examination of the witness or witnesses on oath, 
 and to give judgment accordingly, awarding costs for the 
 successful party ; and when the party accused or com- 
 plained against shall be convicted of such offence, or if 
 
.50 
 
 judgment bo given in favour of the plaintiff for the sum 
 of money souglit to bo recovered, or for any part thereof, 
 on proof or by confession, to issue a warrant or warrants,' 
 to be si<rned and countersigned as aforesaid, requiring any 
 constable or bailiff, of the. goods and chattels belonging 
 to the party convicted, or against whom such judgment 
 shall bo rendered, to levy the amount of such judgment, 
 or of any penalty or fine to bo imposed by such convic- 
 tion, as the case may be, and costs of suit, and to cause 
 ale thereof to be made, which warrant shall authorize 
 any constable or bailiff to execute such warrant in any 
 part of the District of Montreal, by saisie and sale of 
 any goods and chattels which shall and may be found in 
 the said District, appertaining to the person or persons 
 against whom such warrant shall thus be issued; and 
 when the goods of a person so convicted, or against whom 
 a judgment shall be given, shall not prove sufficient to 
 satisfy such warrant, upon a return to that effect, the 
 said Court, by a further warrant to be signed and coun- 
 tersigned as aforesaid, to be addressed to any constable 
 or bailiff, may and shall cause to be apprehended and 
 ciommitt.ed, the person against whom such judgment shall 
 have been so given, or the person so convicted, to the 
 Common Gaol of the District in which such person may 
 be found, there to remain until the penalty imposed by 
 such Court, or the amount of the judgment given, with 
 the costs m either case, shall have been paid and satis- 
 hed : Provided always, that no person so committed shall 
 be detained m gaol more than one calendar month ; and 
 where imprisonment for any time is the punishment to be 
 suffered by any person or persons under any conviction 
 or convictions to be pronounced by the said Mayor's 
 Court, the said last-mentioned Court, by a warrant, to 
 be signed and countersigned as aforesaid, and to be ad- 
 dressed to any constable or bailiff, shall cause such person 
 so ordered and imprisoned to be forthwith apprehended, 
 if not already in custody, and when so in custody, or 
 subsequently apprehended, to be committed to the Com- 
 mon Gaol of the District in which such person may be 
 found, there to remain for the time he nay be so con- 
 demned to be imprisoned. 
 
 M.To",coan , ^^.?^-, And be it enacted, That it shall be lawful for 
 
 further defin. thfi sain Mnvnr'c Pmirf tn "",.~ri 1 ^- i- - J •-- 
 
 «i. ,'" — ;- J ■^-•'..fi lo ^^aiise uiucr lu vv prusurvuu iii 
 
 the said Mayor's Court, and to punish by fine or imprison- 
 
 *•> 
 
51 
 
 v> 
 
 ment, any person pullty of any contempt of the said Court 
 or any member thereof, if such contempt bo committed 
 during the sitting, and in the presence of the said Mayor's 
 Court ; to enforce the attendance of any witnesses in any 
 action, cause, or prosecution, that may bo pendinpf before 
 the said Mayor's Court, and to compel such witness or 
 witnesses to answer all lawful questions; to authorize and 
 rer;uire the examination of any party on interrogatories on 
 tacts and articles, {faits et articles,) or on the juramentum 
 litis decisorium, or on the juramentum judiciale, in the 
 same and like cases and circumstances in which such ex- 
 amination may be lawfidly required and had in the ordinary 
 Courts of Civil Jurisdiction in Lower Canada ; and to 
 cause the execution of, and obedience to any order, pre- 
 cept, writ, process, or warrant, that may issue from the 
 said Mayor's Court, for any one or moie of the purposes 
 as aforesaid, by the like means as are used for any such 
 purpose or purposes in the ordinary Courts of Civil Juris- 
 diction in Lower Canada. And it shall also be lawful for 
 the said Council to appoint so many bailiffs of the said 
 Court, as the said Council may think fit ; and to make and 
 settle a tariff of the fees which should be exacted by the 
 Clerk of the said Mayor's Court and by the bailiffs and 
 other such officers, to be employed in and about the said 
 Mayor's Court: Provided always, that no fee shall be 
 exactei' under such tariff, until such tariff be approved uf 
 by the Governor of Canada. And it shall be the duty of 
 the Clerk of the said Mayor's Court, to prepare and make 
 out all the precepts, writs and processes severally, that 
 may issue from the said Court, and in a register, to be kept 
 for that purpose, to enter in a succinct manner, all the 
 proceedings had in the said Court, and to record at full 
 length, all the judgments rendered, and convictions pro- 
 nounced by the said Court, but not to take in writing the 
 depositions of witnesses or of parties examined in the said 
 Court; and any person who shall, either as a party or as 
 a witness, wilfully and corruptly give false evidence, in any 
 cause, suit, action, prosecution, or other proceeding in the 
 said Mayor's Court, shall be deemed guilty of wilful and 
 corrupt perjury, and shall be liable to the penalties of wil- 
 ful and corrupt perjury ; and any member of the said 
 Council, excepting the members of the said Council then 
 holding the said Court, and any member, officer or 
 servant of the said Corporation, shall be a competent 
 witness in any suit or prosecution that may be instituted 
 
 G 
 
52 
 
 in the said Mayor's Court, if he have no direct interest 
 in the issue of such suit or prosecution, or be not other- 
 wise rendered incompetent : any law, usage, or custom to 
 the contrary notwithstanding. And any toll, assessment, 
 tax, duty, or impost, fine or penalty, that may be sued for 
 in the said Mayor's Court, shall be recoverable there, 
 upon the oath of one credible witness : and any person 
 
 Erosecuted in the said Court, for any offence that may be 
 eard and determined by the said Court, shall be liable to 
 be convicted on the oath of one credible witness. 
 
 How certain LXXII. And be it enacted. That all fines and penal- 
 
 uTberreover! tics imposcd by any By-Law, rule, order or regulation, 
 ca and applied ^j^j^^ ^^^ ^^ -^^ f^^.^^ ^^ ^^^ ^j^^^ ^f ^j^^ passing of this 
 
 Act, whether made by the Justices of the Peace for the 
 said District, before the passing of the said Ordinance to 
 incorporate the City and Town of Montreal, or by the 
 said Council, since the passing of that Ordinance, or here- 
 after to be made by the said Council, and all fines and 
 penalties imposed by the said last mentioned Ordinance 
 to amend the Ordinance to incorporate the City and 
 Town of Montreal, or by this Act or Acts concerning 
 any market or markets in the said City, or by any Act 
 concerning any assessment, tax or duty to be raised in the 
 said City, shall be recovered in the name of " the Mayor, 
 " Aldermen and Citizens of the City of Montreal," and 
 for the use of that Corporation, and shall belong to and 
 form part of the general funds of the said City, and in no 
 other name or for no other use. And it shall be lawful 
 for the said Council to remit any such fine or penalty, or 
 to accept payment of any such fine or penalty from any 
 party willing to pay the same without prosecution, and all 
 fines or penalties that may be so paid without prosecution 
 shall form part of the general funds of the said City. 
 
 Tenant liable LXXIII. And bo it cuacted, That any rate or assess- 
 ment wuh"" ment with which any real estate within the said City 
 due" amount may bo legally rated or assessed, may be exacted and 
 paid irom rccovercd, either from the owner of the real property so 
 rated or assessed, or from any person occupying the same 
 or any part thereof, either as a tenant or otherwise; and 
 when any such rate or assessment shall be paid by any 
 tenant not bound to make such payment, by the lease or 
 other a^TGoment under which lie holds or occupies such 
 real estate, such tenant shall have the right to deduct ihc 
 
 
53 
 
 h y 
 
 « - • 
 
 sum so paid by him, from the rent payable by him in 
 respect of the enjoyment or occupation of the real estate 
 so rated and asssessed. 
 
 LXXIV. And be it enacted, That all debts, that, Prwucge 
 from and after the passing of this Act, shall become due ITSy'^ttt 
 to the said Corporation, for any rate or assessment, asses- IcZdu" 
 sed or imposed on any real or personal property, or both, 
 within the said City, or upon the owners or occupiers 
 thereof, in respect of such property, shall be privileo-ed 
 debts, and shall be paid in preference to all other debts 
 excepting debts due to Her Majesty, 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 j- ris- 
 diction in Bankruptcy in Lower Canada : Provided always, 
 that the privilege hereby granted shall not extend beyond 
 the rates or assessments due for two years, that is to" say, 
 for the current year when such claim may be made, and 
 the year next preceding that year. 
 
 LXX V. And be it enacted. That every law, and every certain law. 
 part of any law, repealed by the said Ordinance, to incor- repS"';„d 
 porate the City and Town of Montreal, or by the said rl'eafed'"*' 
 Ordinance to amend the last mentioned Ordinance, shall ''^" ' 
 continue and remain repealed ; and all the provisions of 
 any law inconsistent with the provisions of this act are 
 hereby repealed. 
 
 LXXVI. Provided always, and be it enacted, That 
 nothing in this Act shall extend to revoke, alter, or abridge 
 or m any manner affect the powers and authority now by 
 law vested, or which may hereafter be vested, in the Mas- 
 ter, Deputy Master and Wardens of the Trinity House of 
 Montreal, or in the Commissioners appointed or to be 
 appointed for the execution of any Act now in force or 
 hereafter to be in force, relating to the improvement and 
 enlargement of the Harbour of Montreal, or any of them, 
 or m the Commissioners appointed or to be appointed 
 for making, superintending, repairing and improvino- the 
 Lachme Canal, nor to the wharves and sHds erected'or to 
 be erected by the said first mentioned Commissioners, 
 nor to the wharves and grounds under the direction of the 
 said last mentioned Commissioners. Provided always 
 
 Powers of the 
 'Irmiiy House 
 or the Harbor 
 Commis- 
 sioners, or the 
 LachineCaiial 
 Commis- 
 sioners, not to 
 he aflectat hy 
 this Act. 
 
 % 
 
Certain words 
 interpreted. 
 
 54 
 
 tS^es."'' that the said Corporation of the City of Montreal, shall 
 have power, so often as the same may be requisite, to open 
 any drain leading from the said City to the River Saint 
 Lawrence ; to employ the constabulary force of the said 
 City m the maintenance of peace and good order on tlie 
 said wharves, and to appoint and designate stands or places 
 of rendezvous for carts and carriages thereon. 
 
 ofHer'Majes" LXXVII. And bo it enacted, That nothing in this 
 ty» nghu. Act contained, shall in any manner derogate from or affect, 
 or be construed to derogate from or affect the rights of 
 Her Majesty, Her Heirs and Successors, except in so far 
 only as the same may be expressly dc :-ogated from or affec- 
 ted by the provisions of this Act. 
 
 LXXVHI. And be it enacted. That the words 
 " Governor of this Province," wherever they occur in this 
 Act, shall be understood as meaning the Governor or any 
 person authorised to execute the commission of Governor 
 within this Province for the time being; and the word 
 " Councillor" and the word « Councillors," wherever they 
 occur in this Act, shall be understood as meaning any 
 member or members of the said Council of the City of 
 Montreal, unless by the context it shall appear clearly 
 that the words " Councillor" or « Councillors," respect- 
 ively, are intended to apply exclusively to a member or 
 members of the said Council, who is not or are not the 
 Mayor or Alderman or Aldermen of the said City; and 
 the words, " the said Corporation," or « the said Cor- 
 poration of the City of Montreal," wherever they occur in 
 this Act, shall be understood as meaning the said Corpora- 
 tion of « the Mayor, Aldermen and Citizens of the City 
 "of Montreal,*' unless the context necessarily requires a 
 different meaning to be given to those words ; and that 
 the words " Lower Canada," wherever they occur in this 
 Act, are to be understood as meaning and comprehending 
 that part of the Province of Canada which formerly con- 
 stituted the Province of Lower Canada; and any word or 
 words implying the singular number, or the masculine 
 gender only, shall be understood to include several matters 
 of the same kind as well as one matter, and several per- 
 sons as well as one person, and bodies corporate as well as 
 individuals, unless it be otherwise specially provided, or 
 there be something in the subject or context repugnant to 
 such construction. 
 
 )- 
 
 V 
 
 #^ 
 
55 
 
 ). 
 
 \ 
 
 Lands within 
 city limits, not 
 yet laid out in 
 building lots, 
 to be included 
 in City Sur- 
 veyor's plan, 
 with the ne- 
 cessary streets 
 and squares 
 thereon mark, 
 ed out, and 
 after notice 
 given to the 
 parties inter- 
 ested, such 
 plan to be 
 homologated 
 and followed 
 up. 
 
 *U ^^¥n-: ^"IH '*' l^^^u'n"^' T*,'^' t*^e Surveyor of The surveyor 
 
 the said Uity of Montreal, shall, withm two years from °^- 1^" ^"y- 
 
 „ J iTi. it_ • i? ii • » J^a,io iiuui withii) iwo 
 
 and alter the passing ot this Act, or sooner if possible ye"s,todraw 
 draw an exact and regular plan of the said City of Mon- city"for"n.mic 
 treal, pointing out agreeably to the rules of art, the '"'^""'"' 
 streets, lanes, squares, market-places, water-courses, 
 aqueducts, canals, bridges, and causeways in the said City 
 of Montreal, to be inspected gratis, and for the direction 
 of every person concerned or interested therein. 
 
 LXXX. And whereas there now remains, within the 
 limits of the said City of Montreal, a great extent of 
 ground, partly laid out in pasture, woodland, meadows, 
 and arable land, which is daily laid out, and will in time 
 to come be divided into ground lots, for the purpose of 
 erecting thereon houses, or other buildings, for the plant- 
 ing orchards, or to be cultivated as gardens, that are com- 
 monly closed in with good and solid fences ; and whereas. 
 It IS necessary, and of utility to the public, that the said 
 divisions should be parcelled out agreeably to a regular 
 plan, and that commodious streets should be opened, 
 and convenient places reserved for squares, in time to 
 come. Be it therefore enacted, that it shall be the duty 
 of the said Surveyor to add to the aforesaid plan of the 
 City of Montreal, a plan of the said Tracts of Land, 
 laying down rules, for the division thereof, in time to 
 come, with the streets and squares that ought to be re- 
 served ; and when such plan shall have been drawn up, 
 it shall be deposited in the office of the said Surveyor of 
 the said City, and notice shall be given in such manner 
 as the Council of the said City shall direct, that such a 
 plan has been drawn up, and so deposited for the inspec- 
 tion (gratis) of whomsoever may be concerned or inter- 
 ested therein, in order that they may, within any time, 
 not exceeding six months, from such notice, lodge their 
 observations or oppositions, if any they have, against it, 
 that justice may be done in the premises ; in failure of 
 which the said plan shall be homologated and followed 
 up in future, agreeably to its form and tenor. 
 
 LXXXI. And be it enacted that the Council of thp .C"'eityto 
 
 •1 |-c, e \ii 1 • 1 """•!' i"c vuuin^ii ui lue animals may 
 
 said \.jity ot Montreal is hereby authorised and empowered b^ fl^e"oHm 
 to pass a By-law or By-laws, to punish, either by fine or p^i^onment™; 
 iinprisonment, or by both, any person or persons who '"'"" 
 shall ill use, or cruelly treat any animal, within the limits 
 
wi wnii J ■JWiyy I jiw i'.ia»BMy|Hy»illiBW 
 
 56 
 
 The Corpora- 
 tion may Re- 
 quire a certain 
 quantity or 
 land over and 
 above wliat i( 
 absolutely ne. 
 cessary forany 
 8treet, iquare, 
 or market 
 place, &c. 
 
 Public Act. 
 
 of the said City; provided always, that such fine shall 
 not exceed five pounds currency, nor such imprisonment 
 thirty days in the Common Gaol of the District. 
 
 LXXXII. And be it enacted, That in all cases, where, 
 for the purpose of opening any new street, square, mar- 
 ket-place, or other public highway or place, or for conti- 
 nuing, enlarging, or otherwise improving those streets, 
 squares, market-places, or other public highways or places 
 now made, or as a site for any public building to be 
 erected by the said Council ; the said Council shall 
 deem it advantageous to purchase and acquire, or take 
 and enter upon, more than the ground actually required 
 for any of the said purposes, it shall be lawful for the 
 said Council, so as aforesaid, to purchase and acquire an 
 extent over and above what may be required for the above 
 purposes ; provided nevertheless, such extent do not 
 exceed one hundred feet in depth, by whatever length 
 may exist. 
 
 LXXXIII. And be it enacted, That this Act shall be 
 held and taken to be a public Act, and as such shall be 
 judicially taken notice of by all Judges, Justices, and per- 
 sons whomsoever, without being specially pleaded. 
 
Ine shall 
 isonment 
 
 s, where, 
 are, mar- 
 'or conti- 
 j streets, 
 or places 
 ig to be 
 icil shall 
 or take 
 required 
 1 for the 
 ;quire an 
 he above 
 ; do not 
 T length 
 
 shall be 
 shall be 
 and per- 
 
 GENERAL INDEX. 
 
 I. 
 
 Section. 
 
 1. — Corporation continued, but former Ordinances repealed. 
 
 2. — Limits of the City of Montreal defined. 
 
 3. — City divided into nine Wards. 
 
 4. — Boundaries of the several Wards, 
 
 5. — Mayor, Aldermen and Councillors, tc be called the Council of the 
 
 said City. 
 6. — Qualification for Alderman. 
 7. — Qualification for Councillor. 
 8. — Persons incapable of filling the office of Mayor, Alderman or 
 
 Councillor, &c., or of voting at such election. 
 9. — Persons incapable of being elected Councillors. 
 ] 0. — Qualification for voters at the election of Councillors. 
 H. — Lists to be made of persons qualified to vote. 
 
 12 After lists are made out, voters to produce certificates. 
 
 13. — An;^ person swearing falsely as to qualification &c., to be deemed 
 
 guilty of perjury. 
 14. — In what Ward an elector may vote. 
 
 15. — Number of Councillors to be elected for the several Wards estab- 
 lished. 
 16. — Term of office of the present Councillors of Queen's, St. Lawrence 
 
 and St. Mary's Wards determined. 
 17. — Regulations as to the election of Councillors and Assessors in 
 
 March 1836, and future elections. 
 18. — Councillors for certain Wards to be elected every two years. 
 19. — A third Assessor to be elected by the Council, and the course of 
 
 proceeding in making such assessment, described. 
 20. — No person can serve as Councillor for more than one Ward. 
 
 21 By whom are elections to be held. 
 
 22* — Clerk or Clerks to be named to assist at poll. 
 
 23. — Manner of proceeding at elections. 
 
 24. — No persons to carry flags &c., at elections. 
 
 25. — Persons holding elections to have power to maintain peace. 
 
 26. — In case of death or illness of a person holding election, the Clerk 
 
 to take his place. 
 27. — Four quarterly meetings each year, o'' hree days each. 
 28.^ — Mayor, &c. now in office to continue in office till March 1846. 
 29. — When the election of Mayor shall take plui-e. 
 30. — Elections of Aldermen. 
 31.— Extraordinary vacancies in Council, how to be filled up. 
 
 I? 
 
58 
 
 tntn Alderman to be elected by the Council and to have certain 
 powers during absence or sickness of Mayor, &c. 
 
 33.— Election of Auditors. 
 5i.-Oalh,tobel.k™byM.,o, Aldemen &c. 
 
 35 —Fines for non-acceptance of office of Mayor, Aiaerm. 
 
 ' r "')°';MrM«oTll'de™;n&o. shall become disqualified. 
 I?:=M:;r&c i: bSfe. of^h^ Pe.ce. a„d *. Ma,or .0 rece.ve 
 
 38 _Cou„'ctrS.«.e officers, 4c Mayor "»? ""^ ^f S'''"'' 
 to act during the absence or sickness of Ihe City UerK. 
 
 f„ -rn!ra;^erora::^sS to bt Uable to ten per cent increase 
 
 per annum. 
 41 —Treasurer of the City, his duties. 
 
 lo On what orders Treasurer may make payments. 
 
 laleUy officers to render detailed accounts. How they xnay be 
 
 President. 
 45.__Special meetings, how called. 
 46 -Minutes of proceedings at meetings to be kept. 
 
 fsCSin pTrsTrm'jytr in Magistrates to be exercised by 
 
 4Q —Council authorised to borrow to a certain extent. 
 Ia rnnno to make Bye-Laws for certain general purposes. 
 M~Corc to make Bye-Laws. To proWt erection of wooden 
 5l.-CouncU o l^^ ^^^^.^ ^^,^ ^ rj^ l,,bit erec- 
 
 ■ Sn of iny kind of wooden building within a certam part of 
 the Town: To cause the construction of separation walls of 
 stone o^ brick. To prohibit the erection of high pressure 
 
 62.-CouncTempowered to impose penalties on Assessors neglecting 
 
 63.-CoufcU mtytake Fye-Laws to prevent accidents by fire. 
 
 54.— Firemen exempted from certain duties, &c. 
 
 55.-Chimnies how to be swept. Sweeps to be licensed. 
 
 «ifi Bve-Laws to be made respecting sweeps, &c. 
 
 d^ZAUBye Laws to be submitted to the Governor, and may be dis- 
 
 allowed. . . 
 
 58— AH Bye-Laws in force, to continue in force. 
 
 ^^ *° I How Council may acquire Real Estate. 
 
 64,1corporations selling to the City, may invest price orcompensation 
 
 forproperty. 
 
 65.— (jonstabuiary lorcc CTtoui.=nea, 
 
 S 
 
 6 
 
 6 
 6 
 « 
 
 7 
 7 
 
 7 
 
 7 
 
 
m^jr" 
 
 in 
 
 n- 
 
 i. 
 ve 
 
 rk 
 
 ise 
 
 be 
 
 de- 
 to 
 
 Iby 
 
 )den 
 irec- 
 rtof 
 lis of 
 jsure 
 
 cting 
 
 59 
 
 Section 
 
 66.- 
 67.- 
 68.- 
 69,- 
 7().- 
 71. 
 72. 
 7:J. 
 
 74. 
 75. 
 
 76. 
 
 77, 
 
 7S, 
 79 
 
 SO 
 
 SI. 
 8-J. 
 
 S3. 
 
 Authority to apprehend idle and disorderly persons. 
 
 Bail to be taken in certain cases. 
 
 Officer or constable punishable for neglect of duty 
 
 •Persons assaulting an officer or constable, how punished. 
 
 ■Mayor's Court established. 
 
 -Powers of the Mayor's Court further defined. 
 
 -How certain fines, &c, are to be recovered and applied. 
 
 -Tenant liable to pay assessment, with right to deduct amount 
 
 paid from lent. , 
 
 -Privilege granted to secure payment of two years assessments. 
 -Certain Laws to continue repealed, and certain Laws repealed. 
 !_Power3 of the Trinity House, Harbour, and Lachine Canal 
 
 Commissioners not to be affected by this Act. 
 .—Reservation of Her Majesty's rights. 
 
 . — Certain words interpreted. , , 
 
 .-The Surveyor of the City, within two years, to draw a plan of the 
 Citvfor public inspection. i„4„ ♦« 
 
 -Lands Within the City limits, not yet laid out m building lots to 
 be included in City Surveyor's plan with the necessary streets 
 and squares thereon marked out, and, after notice given to the 
 parties interested, such plan to be homologated and followed 
 
 -Cruelly to animals may be punished by fine or imprisonment or 
 
 -The^Co^rpor'ation may acquire a certain quantity of land over and 
 above what is absolutely necessary for any street, square or 
 market place Sic. 
 
 , — Public Act. 
 
 dis- 
 
 gation