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The inhabitants of the said Town of Sherbrooke, as hereinafter described, and their successors, shall continue ^g°„''|J^'y'g,','''' to be, and are hereby declared to be, a body politic and corporate, by the name of " The corporation of the City of Sherbrooke," and by that name, they and their sue- ^'""'' cessors shall have perpetual succession, and shall have power to sue and be sued, to implead and be impleaded in all courts and in all actions, causes, and suits at law whatsoever ; and shall have a common seal, with power to alter and modify the same at their pleasure ; and shall, q^^^^.^, in law, be capable of receiving by donation, of acquiring, powers, holding and parting with any property, real or moveable, for the use of the said city ; of becoming parties to any contracts or agreements in the management of the affairs of the said city, and of giving or accepting any notes, bonds, drafts, obligations, judgments, or other instru- ments or securities for the payment of, or securing the payment of, any sum of money borrowed or loaned, or for the execution of any other duty, right or thing whatso- ever ; and for borrowing any sum of money required for any purpose within the jurisdiction of the council of said Loan, city, either upon the debentures of the said city, to be is- i Engagements of the town, i.onlinued. Obligations of the town transferred to the city. Bylaws of the town &c. continued. Ninfits of the city. North ward. .South ward Kast ward. Cap. 50. City of Sherbrooke. 39 Vict. sued and executed as hereinafter provided ; or by hypoth- ecating the immoveable property of the city for that pur- pose. 2. All by-laws, ordinances, agreements, dispositions and engagements whatever, passed and entered into by the municipal council of the said town of Sherbrooke, as heretofore existing, shall continue to have full force and effect ; as though such by-laws, ordinances, agreements, dispositions and engagements had been passed and agreed to by the council of the said City of Sherbrooke, as here- by constituted, until such time as such by-laws, agree- ments or engagements shall be formally rescinucu, abol- ished or amended by the council of the said city, or ful- filled ; and the said corporation, as continued by this act, shall succeed and be substituted for all purposes whatso- ever, in the engagements, rights, debts and obligations of the corporation of the said town of Sherbrooke, as now existing under the municipal code. 3. The by-laws, orders, rolls and municipal acts, which govern the territory heretofore constituting the said town of Sherbrooke, before the passing of this act, shall continue in force until they are amended or repealed by the city council to be hereinafter chosen ; and the mayor and councillors of the said town of S'uerbrooke, as now existing, shall remain in oiBce until the elections, which are to take place under this act, have taken place ; and all the municipal officers of the said town of Sherbrooke, as now existing, shall continue in office until their succes- sors are chosen or appointed, under the provisions of this act. 4. The boundaries and limits of the said City of Sher- brooke shall be those of the present town of Sherbrooke as defined by proclamation on the 28th day of June, eighteen hundred and fifty-two, of Flis Excellency the Governor-General of the late Province of Canada ; but the said City of Sherbrooke shall be divided into four wards ; known as the North ward, the South ward, the East ward and the Centre ward, bounded as follows : North ward to comprise all that part of the said city lying north of the river Magog and west of the river St. Fran- cis ; South ward to comprise all that part of the said city lying south of King streeL and west of the river St. Fran- cis ; East ward to comprise all that part of the said city lying east of the river St. Francis ; and the Centre ward - i TT BC- i875. City of Sherbrooke. Cap. 50. ; i \ to comprise all that part of the said city lyinj; north ofcemre wani. Kinj^ street and between King street and the rivers Magog and St. Francis. 5. There shall be elected, at such time as shall be,.,, ,. ... ' Councillors. fixed by this act, seven fit persons, who shall be and be called the " Councillors of the City of Sherbrooke," and such councillors for the time being shall form the council of the said city and shall be designated as such, and shall represent, for all purposes whatsoever, the corporation of the said City ot Sherbrooke ;. 2. Of the said councillors, two shall be elected for the Number of North ward, one for the South ward, one for the East LXid/''' ward, and three for the Centre ward, and said seven councillors shall as hereinafter provided, elect one of their number as mayor, and the said mayor shall be designated Mayor " The mayor of the City ot Sherbrooke." 6. No person shall be capable of being elected mayor guaiiikation of the said City of Sherbrooke, unless he be possessed, as "^ '^'^^''"' owner of real estate within the said city of the value of one thousand dollars after payment or deduction of his just debts. No person shall be capable of being elected a council- or the :ouik, lor of the said city, unless he shall have been a resident '°''*- of the said city for one year immediately preceding such election, nor unless he be possessed as owner, either in his name or in his wife's name, of real estate within the said city, of the value of six hundred dollars, after deduc- tion of his just debts, nor unless he shall have paid all taxes, whether levied for municipal or school purposes, standing against his own name or against the name of his wife in the collection roll of the said city, previous to the election. 2. No person shall be capable of being elected coun- j.^soui who cillor of the said City of Sherbrooke, unless he be a natur- '"^y ".7; al born or naturalized subject 01 Her Majesty, and ot the full age of twenty-one years. 3. No person being in holy orders, nor the ministers of any religious belief whatever, nor the members of the executive council, nor judges, district magistrates, sheriffs, or clerks of any court of justice, nor officers on full pay j^^,,, in Her Majesty's army or navy, nor any person account- able for the revenues of the said city, nor any other per- son receiving any pecuniary allowance from the said cit}- lot be illors. Cap. 50. City of Shcrbrooke. 39 Vict. I'roviso. I- xtiiiption from oHice. Ki«ht I..-, vol«- for services, nor any keeper of a tavern, hotel or house of public entertainment, nor any person who has acted as such, within the twelve months preceding, nor any offi- cer or person presiding at the election of the councillors, while so employed, nor any person who shall have been convicted of treason or felony in cuiy court of law within any of Her Majesty's dominions, nor any person having directly or indirectly, in person or through his partner, any contract whatever, or interest in any contract with or for the said city, shall be capable of being a councillor for the said city. 4. Provided however that no person shall be held in- capable of acting as mayor or councillor for the said city, from the fact, of his being a shareholder, in any incorpor- ated company which may have a contract or agreement with the said city. 5. The following persons shal' not be obligcvl to ac- cept the office of councillor of tiic said city, nor any other office to be filled by the council of the said city : — mem- bers of the provincial legislature, or of the parliament of the Dominion, practising physicians, surgeons, and apoth ecaries, schoolmasters actually engaged in teaching, per- sons over sixty years of age, and the members of the council of the said city at the time of the coming into force of this act or who have been so the two years next preceeding, or members of the said city council, and the person who shall have filled any of the offices under such council, or paid the penalty incurred for refusal to accept such office, shall be exempt from serving in the same office during the two years next after such service or payment. 7. The persons entitled to vote at the municipal elec- tions of the said '^y shall be of the male sex of the age of twenty. one years, and possessed at the time, either in their wn name or that of their wife, of real property in the said city of the value of two hundred dollars ; and also the male tenants of the age of twenty-one years, who shall have resided in the said city and paid rent during the year immediately preceding an election, on a dwelling house or part of a dwelling house, or other real property therein, at the rate of not less than twenty dollars per annum, and the qualification in all cases referred to in this act, shall be determined by the valuation roll then in force in said city. 2. Provided always, that no person qualified to vote I i875. City of Shcrhrookc. Cap. 50. ;t. at any municipal election in the said city shall have the right of having his vote registered unless he shall have paid his municipal taxes due, before offering to vote atifuxe^ar.: such election ; and it shall be lawful for any candidate at "°' ^■^"' the said election, and for the person presiding over the said election, to require the production of the receipts i'rcKiucti(»i .r setting forth the payment of such taxes, as aforesaid, be-'^'^'^'^'''"' fore registering, such vote, and in case the same is not produced, such vote shall not be registered, unless such person make oath before the person presiding at such election that he has paid such taxes. 8. The municipal elections for the said City, under this act, shall be held in the City Hall, or at such other place as may be determined by the City Council, on the second Monday in the month of January, in each year, at nine o'clock in the morning, and public notice thereof shall be given, at least eight '^^.ys previous to an election, in the French and English Ian, ages, by notices posted up at the doors of the churches, or .it such other places as may be determined by the said '"'ouncil, by r^^solution for that purpose ; — such notices .0 be signeJ by the Mayor or Secretary-Treasurer of the sain City and specifying the day, place and hour at wbi b such election shall take place. (a). The Council of said City, at a session to be held previous to said election, shall appoint a presioing officer to conduct such election in the said City Hall or other place designated by said Council, as well as presiding offi- cers for the several wards wherein vacancies have oc- curred, and each such presiding officer shall appoint, un- der his own handwriting, a poll clerk for his ward and, wherever a poll is necessary, such poll shall be open for the reception and registration of votes, between the hours of eleven o'clock in the forenoon, and five o'clock, of the afternoon of the day appointed for such election. (6). And it shall be the duty of the presiding officer, appointed to hold the election at the City Hall, to re- ceive, between the hours of nine and ten o'clock in the fore- noon of the day of such election, the names of candidates being duly qualified ^or the office, who shall be nomina- ted in writing by not less than five duiy qualified electors, each such nomination specifying the ward for which such candidate is prcoosed. 8 Cap. 50. City of Sherbrooke. 39 Vict. Voting. (c). And at the hour often o'clock of the forenoon, the said presiding officer shall then and there, declare publicly, the names of all the candidate^? then nominated, with the names of their proposers, and ihe wards for which they are candidates respectively, and in case there are for any ward, no more candidates than vacancies to be filled up, then such presiding officer shall declare the candidate or candidates nominated for such ward, to be duly elected ; — but in case of there being more candidates than vacan- cies in any ward, the said presiding officer shall declare the fact, after which a poll shall be opened in the ward or wards where the number of candidates is in excess of the vacancies to be filled up, such poll to be conducted under the presidency and control of the presiding officer or officers, specially appointed for such ward or wards by the said City Council." 9. And at such election each elector shall be entitled to vote for the councillor or councillors to be elected in the ward in which such elector is entitled to vote, and each elector shall be entitled to vote in each ward where he is a qualified elector ; and, at the closing of the poll in any ward, the officer presiding at such poll shall de- Fcrsoris elected, clarc the person or persons who shall have received the largest number of votes, to be duly elected members of the said council, : and in case two or more candidates ,., have received an equal number of votes, the said officer shall be entitled to vote — but in this case only, and he Case ofeuuaiity s^^^^ ^^^" S^vc his castiug votc in favor of the candidate of votes. or Candidates, whom he shall think fit to choose, and he shall have the^ right to give such casting vote and shall be bound to give the same, immediately after the votes shall have been counted ; ijutyofthe 2. If at any time after the votes have commenced to fn"cmam ^'se's'5 be pollcd, onc hour elapses without any vote being polled, it shall be the duty of the person presiding, after the expir- ation of the said hour, to close the said election and declare duly elected as counciPDrs as aforesaid, such candidates as shall be entitled to be so declared elected ; provided that no person shall have been, within the last hour, pre- vented from approaching the poll by violence, of which notice shall have been given to the person presiding, ihiratinn of the o. The mayor shall be elected bv the council for one office of mayor. ^ 111 1 1, 1 »• -i 1 /• 1 • 1 year only, but he shall be eligible for re-election, and remain in office until his successor shall have entered in 1875- City of Sherbrooke. Cap. 50. charge : the councillors elected at any of the municipal elections shall remain in office during three years, except those who shall be elected at the first election, of whom two shall retire at the expliation of the first year, and two at the expiration of the second year, and three at the expiration of the third year, and it shall be declared by lot, in the manner established by the council, which of the councillors shall thus retire from office, at the end of the first and second years ; 4. The subsequent annual elections of councillors for Subsequent dec the said city shall take place in the same manner and """^^ within the same delays as the first ; 5. Before proceeding to the holding of any election under this act, the presiding officer and his deputies and poll clerks shall take the following oath, which any jus- tice of the peace is hereby empowered to administer ; — to wit : '* I do solemnly swear that I will, to the best of my oathof presiding " judgment and ability, faithfully and impartially perform di^Jkr ""' ^° '• the duJes of presiding officer (or of deputy presiding " officer, or poll clerk) at the election which I am about *' to hold (or which is about to be held) of a person or " persons to serve as councillors for the said city of Sher- " brooke. So help me God." 6. The persons who shall preside at an election, in p^^ers of presi the several wards where elections are being held, shall, '''"soccers, during such election, be guardians of the peace, and shall be mvested wlih the same powers for the preservation of the peace and the apprehension, imprisonment, and hold- ing to bail, of persons charged with violations of the law and b)eakcrs of the peace, as are -vested in justices of the peace, and this, whether the said persons do or do not possess the property qualification of a justice otthe peace, as required by law ; and it shall be lawful for the presiding officer ;)nd his deputies at an election, to appoint special constables in sufficient numbers to preserve peace at such election, if he or ihey shall think it necessary, or be re- quired to do it by five electors ; 7. Every hotel, tavern and saloon keepers vshall close ^°'^bou'tXc their bars during the days of voting under a penalty of close, fifty dollars, or imprisonment in the common jail for three months in default of payment ; 8. The presiding officer at any such election, shall ers ito Penalty, 10 Cap. 50. City of Sherbrookc. 39 Vict. Notice to eiec- within thrcc days from the closing of the election, give each of the councillors so elected special notice of his said election, as well as of the place, the day and the hour appointed by him for the first session of the council to take place after the said election, which shall be not more than eight days from the giving of the notice. The tfon'^of^ffice^"'^' councillors so elected shall enter re«pectively into office as such, at the said first meeting, and shall remain in office until the appointment of their successors ; Delivery of poll 9. The pcrson SO presiding at any such election, shall t^&c" *^^' deliver up immediately to the Secretary-Treasurer of the city council, if there be such an officer, and, if not, then, as soon as such officer shall be appointed, the poll-books kept at such election, together with all other papers and documents relating to the said election, certified by him- self, to form part of the records of the said council, and copies of the same, certified by the Secretary-Treasurer, shall be authentic in any court of justice ; 10. The first session of the council, after the first elec- tion, shall take place within eleven days immediately fol- lowing such election, and at such meeting or prior thereto, the councillors elected shall take the following oath be- fore a justice of the peace : "I (A. B.) do solemnly swear faithfully to fulfil the du- ** ties of member of the city council of the City of Sher- " brooke, to the best of my judgment and ability. So help me God ;" 11. And the members then present, provided they form a majority of the council, which number shall con- stitute a quorum under this act, shall be authorized to act as the council, and shall immediately proceed to elect one of their number as mayor : and the members absent without just cause, shall be held to have refused office and shall be liable to the fine hereinafter provided for in like cases, unless they be persons exempt from serving; 12. The councillors elected at the elections subse- sui«ec,«ent e'ec- qu^^t jq t^g j^j-st, shall enter into office upon receiving notice from the presiding officer as aforesaid, and upon taking the oath aforesaid, and a meeting of the council shall take place within eleven days after, in the same manner as after the first election, and the councillors elected shall take the same oath, and those absent with- out just cause, shall be held to have refused the office, and shall be liable to the penalty hereinafter provided in such First session of council after first election. Oath of coun- cillors. Quorum. P^lection of mayor. Session after 1875. City of Sherbrooke. Cap. 50. II in case, unless they be persons who are exempted from serv- ing ; 13. The expense of every election shall be defrayed Election expen- out of the funds of the corporation. *^*- 10. The general sessions of the council of the City of Time of general Sherbrooke shall be held on the first Monday in each **''*'°"'' month at such hour as shall be fixed by resolution of the council, and in case the said first Monday shall be a holiday, then the session shall be held on the next follow- ing juridical day at the hour fixed for other general meet- ings. il. It shall be lawful for the mayor of the said city, ^i^'''* ">'»''"«'' whenever he shall deem it necessary or useful, to call special meetings of the said council, and whenever two members shall be desirous of obtaining such special meet- ings, they shall apply to the mayor to call such meetings, and in theabsenceof the mayor, or on his refusal to act, they may call such meeting themselves, on stating in writing to the Secretary-Treasurer of the said council their object in calling such special meeting and the day on which they are desirous that it shall be held, and the said Secretary- Treasurer shall, upon receipt of such written noiification, communicate the same to the other members of the council, and shall give public notice of the same, and no other business shall be transacted at such meeting, except Business tran- the business mentioned in such notice. ^^^^ ' 12. In any case in which one of the persons so elected ^^''j^*°'^'^®^"*''''° shall refuse to act as councillor, or in cas^e his election shall be declared null, the electors of the ward for which such election is necessary, shall proceed to a new election, and elect a person to replace the said councillor within one month after the said refusal shall have been made known. 2. In case of the absence of a councillor from the City, or in case of his ceasing to perform the duties of his office through incapacity, sickness, or any other cause, during three calendar months, the other councillors at the first or any subsequent meeting of the council, which shall take place afterthe expiration of the said period of three months, may declare the seat of such councillor to be vacant, and thereupon, a new election shall immediately take place in the ward represented by such person, for the purpose of filling such vacant seat in the usual way ; provided, how- ever, that until the council shall have so, as aforesaid, de- 12 Cap. 50. City 0/ Sherbrooke. 39 Vict. Councillors elect- ed in place of others. His powers and duties- Voter's oath. Questions. Contestation of elections. clared his seat vacant, such councillor may resume his du- ties, and perform the same, if he is able so to do, without prejudice in any case to the costs of proceedings institut- ed against him, in event of any such proceedings having been instituted. In case of the death of a councillor the office becomes ipso facto vacant, and a new election to fill such vacancy shall take place without delay, in the usual manner, pro- vided also, ti at notwithstanding the death, absence or in- ability to act of such councillor, the remaining councillors shall continue to exercise the same powers, and fulfil the same duties, which they would have had to exercise and fulfill had not such death, absence, or inability to act on the part of such councillor, taken place. 3. Every councillor elected or appointed- to replace an- other, shall remain in office for the remainder of the time for which his predecessor had been elected or appointed, and no longer. 13. The officers presiding at any election under this act, shall have authority, and are hereby required, at the request of any persons qualified to vote at such election, to examine upon oath (or affirmation, when the party is al- ^.owed by law to affirm), any candidate for the office of mem- ber of the said council, respecting his qualification to be elec- ted to the said office, and shall also have authority, and are hereby required upon such request as aforesaid, to exam- ine upon oath (or affirmation) any person tendering his vote at any election, and the oath to be administered by the presiding officers in both cases, shall be in the form following : " You shall true answer make to all questions put to you " by me, in my capacity of presiding officer, respecting " your qualification to be elected a member of the city ** council (or respecting your qualification to vote at this " election — as the case may be.) So help you God." 2. And the presiding officer shall himself put the ques- tions when he shall think necessary, but in no case shall the presiding officer at any ward have the power to refuse or reject the nomination of any person duly nominated, or to refuse to record the votes cast for such candidate, and the fact that the person was sworn shall be entered in the poll-book. 14. If the election of all, or of one or more of the coun- cillors be contested, such contestation shall be conducted i J , i875. City of Sherbrooke. Cap. io. 13 .3 and decided according to the provisions of the municipal code, except in so far as the same is provided for, in and by the following section. 15. In case it shall at any time happen that an an- Failure of annu- nual municipal election shall not be held for any reason'' *^''"°"' whatever, on the day when, in pursuance of this act, it ought to have been held, the said City Council shall not, for that cause, be deemed to be dissolved, and it shall be lawful for such members of the said council, as shall not have retired from office, to meet again, for the pur- pose of fixing as early as possible a day for the holding of such annual municipal election ; and in such case, the no- tices and publications required by this act, shall be pub- lished and posted up, not less than eight clear days be- fore the election, and if, within fifteen days after the day in which such election ought to have been held, the mem- bers of the said council shall have neglected to appoint a day for such election, they shall be liable to a fine of twenty dollars each. Penalty. 16. The mayor of the said city if he be present, shall preside at the meetings of the council, shall maintain or- Duties of the • . may OX. der thereat and shall have a right to express his opinion, but not to vote on all questions which shall be brought before the said council ; provided always, that when the said councillors, after having voted on any question, shall be found to be equally divided, then and in that case only, the mayor shall decide the question by his vote, giving his reasons for it if he thinks proper; and neither the mayor nor the councillors shall receive any salary or em- oluments from the funds of the city during the time they shall remain in office ; provided also that whenever the mayo"":^^ '^ mayor shall not be present at any regular or special meet- ing of the said City Council, the councillors present shall choose one of their number to fill the place of the mayor during the sitting. 17. The council, at its first general session, or at aJ^^'^^J;\7" special session held within the fifteen days which shall follow the first day of such general session, shall appoint an officer who sliall be called the " Secretary-Treasurer." ^ The Secretary-Treasurer shall be the custodian of all "i^ duties in Casting vote. the books, registers, valuation rolls, collection rolls, re ports, proces-verbaux,ipla.ns, maps, records, documents and papers kept or fyled in the office or archives of the coun- cil ; he shall attend all sessions, and shall enter, in a re- gencral. 14 Cap. 50. City of Sherbrookc. 39 Vict. Authenticity of his cerlili- cates. His security. Receives and pays <)\:counts. Inspection of books. Neglect to render account. gister kept for the purpose, all the proceedings of the council, and he shall allow persons interested therein to inspect the same at all reasonable hours, and every copy or extract of or from any such book or register, valuation roll, collection roll, report, proces verbal, plan, map, re- cord, document or paper certified by such Secretary- Treasurer shall be deemed authentic. 3. Every person appointed Secretary-Treasurer shall, before acting as such, give such security as shall be fixed and determined by the Council ; provided such security shall be hypothecary or by a guarantee company. .[. The Secretary-Treasurer of the Council shall re- ceive all moneys due and payable to the corporation ; and he shall, after having been authorized to that effect by the Council or by the mayor, be bound to pay out of such moneys all drafts or orders drawn upon him by any per- son thereto authorized by this act, for the payment of any sjm to be expended or due by the corporation, whenever thereunto authorized by the said Council ; but no such draft or order shall be lawfully paid by the said Secre- tary-Treasurer, unless the same shall show sufficiently the use to be made of the sum mentioned in such draft or order, or the nature of the debt to be paid thereby. 5. The Secretary-Treasurer shall keep in due form, books of account, in which he shall respectively enter each item of receipt and expenditure according to dates, men- tioning at the same time the names of the persons who have paid any moneys into his hands or to whom he has made any payment respectively ; and he shall keep in his office the vouchers of all expenditures. 6. The Secretary-Treasurer shall render to the Coun- cil every six months, that is to say, in the months of June and December in each year, or oftener if required by the Council, a detailed account of his receipts and ex- penditure, attested by him under oath. 7. The Secretary-Treasurer's books of account and Vouchers shall, at all reasonable hours of the day, be open for inspection, to the Council and to each of the members thereof, and the municipal officers thereof, and to any person liable to assessment in the city. 8. The Secretary-Treasurer, or any other person wjio shall have filled the said office, may be sued by the Mayor in the name of the corporation, before the Circuit Court or the District Magistrates' Court, for having failed i875. City of Sherbrooke. Cap. 50. to render an account, and in any such action he may be sak. condemned to pay damages, and interest, for having failed to render such account, and if he render an account he shall be condemned to pay such balance as shall have been found or declared to be in his hands, together with such other sums as he ought to have debited himself with or as the Court shall think he ought to be held account- able for, and every judgment pronounced in any such suit shall include interest by way of damages, together with ^^""•''se'- the costs of suit. 9. Every such judgment shall carry contrainte par corps 2"'fp""^''''""' against the said Secretary-Treasurer according to the laws in force in like cases, in the Province of Quebec, if such contrainte be demanded in the action to compel the rendering of the said account. 10. The council shall have power and authority to ap- ''"^er of pomt such other otiicers as may be necessary tor carrying appoint into effect the provisions of this act or any by-law or reg- ulation of such council. 11. Every municipal officer, whether elected or ap-^"tfn°/o'ii[ce!' pointed shall, within eight days from the day on which he shall cease to hold office, deliver to his successor, if he be then elected or appointed, or if not, then within eight days after the election or appointment of such suc- cessor, all moneys, keys, books, papers and insignia be- longing to such office. 12. If any such officer die or absent himself from the Province of Quebec without having delivered up all such moneys, keys, books, papers and insignia, it shall be the duty of his heirs or other legal representatives to deliver the same to his successor within one month from his death or from his departure from the said province. 13. And in every such case the successor in office of ^^^'^^^^°^^ /"^ every such officer shall, besides all other legal remedies, have a right of action before any Court of justice, either hy saisierevendication ov oih&v^'isQ, to recover from such officer or from his legal representatives or from any other person in possession of the same, all such moneys keys, books,- papers, and insignia together with costs and damages in favor of the corporation, and every judg- ment rendered in every such action may be enforced by contraint par corps di^ddnst the person condemned, accor- ding to the laws in force in such cases in the Province of uebec, when the co«^m/«^^ is demanded by the declaration. If he die, &c. I i6 Cap. 50. City of Sherhrookc. 39 Vict. Valuators I'heir duties. Tlitir oath Iheir tiuli. Deposit (>f tlie valuation roll. Revision. Auditors. ir < ath. 18. The said City Council shall have power, whenever they may deem advisable, to appoint three assessors or valuators of property, and it shall be the duty of the said valuators to estimate the taxable property in the said city, distinguishing each category according to its real value, and in the manner, and within the periods, which i,hall be fixed by the said council. 19. Every person so appointed valuator shall be bound before proceeding to the valuation of any property in the said city, to take the following oath before the mayor of the said city or before a councillor, to wit : " I " (AB) having been appointed one of the valuators " of the City of Sherbrooke, do solemnly swear that I will diligently and honestly discharge the duties of that office, to the best ol my judgment and ability. So help " me God." 20. The valuators who shall be appointed for the said ''"'"'"city, shall be proprietors of real estate in the said city, of the value of at least six hundred dollars currency of this province. 21. When the valuators shall have made a valuation of all the taxable property of the said city, the valuation- roll shall be placed in the hands of the Secretary-Treas- urer, and shall be revised in the manner provided by the municipal code ; provided always, that if the said valua- tion-roll shall have been declared closed, and any property in the said city should suffer any considerable diminution in value, either through fire, demolition, accident or any other reasonable cause, it shall be lawful for the saidcoun> cil upon the petiticni of the proprietor to remit such por- tion of the taxes laid on such property for the then cur- rent year as, after a report by the valuators of the diminu- tion referred to, shall seem right ; and provided also that the said valuators shall, when directed by the said coun- cil, make a yearly valuation of the stocks in trade held in the said city. 22. At the first meeting after each annual municipal election, two persons shall be appointed by the said City Council, to be auditors of the accounts of the said coun- cil ; and such auditors shall take the following oath be- fore any one of the justices of the peace residing in the said city ; that is to say : '* I (A. B.) having been appointed to the office of audi- Tase of diminu tion in value. Stocks. i875. City of Shcrbrooke. Cap. 50. 17 icipal City coun- h be- 1 the audi- " tor of the City of Shcrbrooke, do hereby swear that I " will faithfully perform the duties thereof, according; to " the best of my judgment and ability ; and I do declare " that I have not directly or indirectly, any share or in- " terest whatever in any contract or employment with, " by or on behalf of the City Council of the said City of *' Shcrbrooke. So help me God." 23. It shall be the duty of the auditors to examine 'iiRir.uuies. and report upon all accounts which may be entered in the books of the said council or concerning the latter, and which may relate to any matter or thing under the con- trol of, or under the jurisdiction of the said City Council before the annual municipal elections. 24. Neither the niayor, councillors nor Secretary „ n\ .,.,.■' . . •' I'ersons who Ireasurer 01 the said city, nor any person receiving any cannot discharge salary from the said council, either for any duty perform- ""^'^ ''""''^• ed under their authority, or on account of any contract whatsoever entered into with them, shall be capable of discharging the duties of auditor for the said city. 25. The mayor of the said city shall, during the per- t?c?oTthVpelce! iod of his office, be a justice of the peace 'within the lim- its of the said city ; provided always that he shall not be bound to take anj^ other oath than the official one to act as such, any law to the contrary notwithstanding. 26. Every person holding the office of Councillor of '''''■''°"'= ^^^^ ^an- ' 1 *-' not serve ns the said city, who shall be declared bankrupt or shall councillors. become insolvent, or who shall apply for the benefit of any of the laws made for the relief or protection of insolvent debtors, or who shall enter into holy orders, or become a minister of religion in any religious denomination, or who shall be appointed a judge, district magistrate or clerk of any court of justice, or a member of the execu- tive council, or who shall become responsible for the rev- enues of the city, in whole or in part, or who shall make any contract with the said corporation to execute work or furnish supplies, or whose seat shall have been declar- ed vacant under the provisions of this act shall, by virtue of any of these causes, become disqualified, and his seat in the said council shall become vacant, and such person shall be replaced in accordance with the provisions of this act ; but such councillor shall be eligible for re-elec- tion in case his seat has been declared vacant, in conse- quence of absence from the said city ; provided always that the word "judge" employed in any part of this actj^-'o^'^o ■■• f i8 Ciip. 50. City of SJicrhrookc. 39 Vict. officers, ^c. shall not apply to a justice of the peace. 27. It shall be lawful for the said City Council from , time to time to make such by-laws as may seem to them tu make f.> laws, necessary or expedient lor the preservation oi order at the sittings of the council, for the internal government of the city, for the improvement of the place, for the main- tenance of peace and good order, and for the good repair, cleansing and draining of the streets, public squares, va- cant or occupied lots, for the prevention or suppression of all nuisances whatsoever, for the maintenance and pre- servation of the public health, and generally for all pur- poses connected with or affecting the internal manage- ment or government of the said city. 2 It shall be lawful for the said City Council to ap- power to name point, Tcmove and replace, when they shall think proper, all such officers, constables and policemen as they shall deem necessary for the due execution of the laws and by- laws now in force or to be by them enacted hereafter, and to require from all persons employed by them, in any quality whatsoever, such security as to them shall seem meet, to ensure the due execution of their duties. 29. In order to raise the necessary funds to meet the expenses of the said City Council and to provide for the several necessary public improvements in the said city, the said City Council shall be authorized to levy annually on persons, and on moveable and immoveable property in the said city, the taxes hereinafter designated, that is to say : 2. On all lands, city lots and parts of city lots, whe- ther there be buildings erections thereon or not, with all buildings and erections thereon, a sum not exceeding two cents on the dollar on their whole value, as entered on the assessment roll of the said city. 3. On all stocks in trade or goods kept by merchants or traders and exposed for sale on shelves in shops or kept in vaults or stoi-eho'iseSj a tax of not more than one quarter /)cr cent, on the estimated average value of such stock in trade, and in case any person or persons shall come temporarily into the said city to dispose of any bankrupt stock of goods, wares and merchandize, either at public auction or at private sale, the said council may, by resolution passed as soon as convenient, after the same shall come to their knowledge, levy on such person or License. pcrsons a Hcensc fee of not less than twenty dollars, and Tlicir security. Ti.' levy taxes On lam Stocks. I87; City of Shcrhrookc. Cap. jO. 19 not more than fifty dollars, foj- the sale of said |:^oods so brouf^ht into the said eity and exposed for sale therein, such duty to be payable by such person or persons on de- mand beinj,' made therefor by the Secretary-Treasurer, and if not paid when demanded, tlie same may be collect- n,r'^T, mam ed by distress-warrant issued under the hand and seal '■'"''■'• of the mayor or pro-mayor, immediately after such failure to pay, and said floods may be attached and shall be held for the payment of the same : 4. On each tenant payinj< rent, an annual sum cquiva- '^" ""'-'""'• lent to two per cent on the amount of his rent ; 5. On each male inhabitant of the age of twenty-one ^''p"^"""- . years who shall have resided in the said city for six months, not beinj; a proprietor, tenant, an apprentice, nor a domestic servant, an annual sum of one dollar; 6. On every do^ kept by persons residing in the said J'"*;^- city an annual sum of not less than one, or more than three dollars, and if the proprietor or harborer cf nnv dog shall fail to pay the said tax when legally notified so to do, by the municipal officer intrusted with the collection of the said dog-tax, then it shall be lawful for the said council to order the said dogs upon which the tax has not been paid, to be killed by poison or other- wise, and the council shall have the power to order dogs to be kept muz;iled or tied up, and cause to be des- iiogr""'"" "^ troyed such as are vicious or dangerous ; 7. And it shall be lawful for the said City CounciU^'ipr'-'pneior-, of to fix by a by-law or by-laws, and to impose and levy JiTemii'.llem'!''' certain annual duties or taxes in the discretion of the said council, on the proprietors or occupants of houses of public entertainment, taverns, coffee-houses and eat- ing houses, and on all retailers of spirituous liquors, and on all pedlers, and itinerant traders selling in the ''*''"'-'■-• said city articles of commerce of any kind whatsoever and on all proj)rietors, possessors, agents, managers and keepers of theaters, menageries, circuses, billiard K,,q„.rM>f ihea- rooms, ten-pin alleys, or other places for games or "-■^^ '■'^' • amusements of any kind whatsoever, and on all auc- tioneers, grocers, bakers, butchers, hawkers, hucksters, grouciT'oio' carters and livery-stable keepers, and on all traders and manufacturers and their agents, and all proprietors or keepers of wood-yards or coal-yards and slaughter houses in the said city, and on all mone} -changers or '"' '^'^'^i"^'*- exchange-brokers, pawn-brokers and their agents, and :r r 20 Cap. 50. City of Shcrbrooke. 39 Vict. Brokers. Manufacturers Tax on liberal professions. on all bankers and agents of bankers and banks, and on all insurance companies or their agents, and generally on all commerce, manufacturers, callings, arts, trades and professions which have been or which may be in- troduced into, or exercised in the said city, whether the same be or be not mentioned therein. 30. Every person in the said city practicing the profession of an advocate, physician, land surveyor, no- tary or any other liberal profession within the limits ef the said corporation, shall be assessed at the sum of not less than three dollars annually ; every person in the said city, receiving an annual salary of $500 and upwards, however payable, shall pay an annual tax of one per centum upon the annual amount thereof; and the said city council m.ay name a person or persons, to ^ropeny?"'^^^'^ make the roll of the persons and moveable property, mentioned in the different parts of the foregoing sec- tions. r.y-iaws respect- 31. The Said council shall also have power to make by-laws; 2. For opening new streets in the said city, to such extent as may from time to time, be required ; 3- For establishing market-places and for extending them hereafter ; 4. For determining and regulating the duties of the clerks of the market in the said city, and all other persons they may deem proper to employ to superin- tend the said markets, and for letting the stalls or places for selling upon and about the said market places, and for fixing and determining the duties to be paid by any person selling on any of the said markets any provisions or produce whatever, and for regulating the conduct of all such persons in selling their goods and all produce whatever offered for sale on the said mar- kets ; 5. For amending, modifying, or repealing all by-laws made by the municipal council who have had the management of the internal affairs of the said city : 6. For regulating and placing all vehicles in which any article shall be exposed for sale on the said mar- kets ; 7. For compelling proprietors to cause trees to be planted in front of their properties ; du." """'^''*"" 8. For preventing persons bringing articles into the 111;;. Opeiiins of streets. Markets. I'lities of clerk &c. Stalls. Conduct. Aiiienclments to by-laws. Vehicles on mar- kets. Treps. i875- City of Sherbrookc. Cap. 50. 21 said city, for selling or exposing them for sale in any other place than the markets of the said city, or for mak- ing all other by-laws, which they shall judge requisite to regulate the sale of such articles, and for punishing by confiscation of their articles, goods or provisions, persons confiscation ; who in exposing them for sale in the markets or streets of the said city, contravene the by-laws passed by the said council as to the weight or quality of such articles, goods or provisions ; 9. For the establishment of public weigh-houses ; house^s^"^'' 10. For preventing obstructions of any nature what-obstmctions soever in the streets ; on public 11. For preventing the sale on the public highway of any wares or merchandize whatsoever ; 12. For restraining, regulating or prohibiting the sale saie of spirituous of any spirituous, alcoholic or intoxicating liquors ; liquors; 13. For regulating and governing shopkeepers, tavern ^^^^^^ k o- s- keepers and other persons selling such liquors by retail, and in whatever places such liquors might be sold, in such manner as they may deem expedient to prevent drunken- ness ; 14. For taxing saloons and saloon keepers ; Saioons ; !=;. For preventing the sale of any intoxicating bever- Saie of spiritu- ^^ u-u I.- i. ousluiuorsto age to any child, apprentice or servant ; children, &c; 16. For regulating, fixing and determining the weight and quality of bread, sold or offered for sale, within the""'''''' limits of the said city ; 17. For regulating the conduct and duties of appren-^fa«<^'-sanci tices, domestics, hired servants and journeymen in the'""''*"'''' said city, and also duties and obligations of masters and mistresses towards their servants, apprentices, journey- men and doDtstics; 18. To prevent the keeping of gaming houses, places for gambling, or any description of house of ill fame in '^'^'""'si'o"ses; the said city ; ig. To establish as many public pounds as the said council shall deem expedient to open, for the impound- ''"'''" p°""''' ' ing of animals of any species which may be running at large in the said city ; 20. For regulating, arming, lodging, clothing and pay- Poiitc; ing a police force in the said city, and for determining their duties ; 21. To compel the proprietors of all land and real pro^ Enclosure of pert^ wuiiin the said city, their agents or representatives, '*"'*''' 22 Cap. 50. City of Sherbrooke. 39 Vict. Drains : Low lamis, &c ; Fences ; Special Hypothec Kncroiichnients , OKI walls Width AvA level uf streets ; Drainage tax on proprietors ; to enclose the same, and to regulate the height, descrip- tion and material of every such enclosure. 22. To compel the proprietors or occupants of lots of land in the said city, upon which is stagnant or filthy water, to drain or raise such lands, so that the neighbors may not be incommoded nor the public health endanger- ed thereby, and in the event of the proprietors ot such lands being unknown or having no representative or agent in the said city, it shall be lawful for the said council to order the said lands to be drained or raised, or to fence in and enclose them, at the cost of the proprietor, if they are not already fenced in and enclosed ; and the said coun- cil shall have alike power, if the proprietors or occupants of such lands are too poor to drain, raise or fence in the same, and in every case, the sum expended by the said council in improving such lands, shall remain as a special hypothec on such lands and have privilege over all other debts whatsoever without its being necessary to register the same ; 23. To oblige all proprietors or occupants of houses in the said city to remove from the streets all encroach- ments or obstructions of any sort, either hanging over, or placed thereon, such as steps, galleries, porches, posts, sign-boards or other obstacles whatsoever ; 24. To cause to be pulled down, demolished and re- moved, when necessary, all old or dilapidated walls, chimneys, and buildings of any description which may be in a state of ruin, and to cause to be removed from the streets, all sheds, stables and other buildings erected on the line of any street, and to determine the time and manner in which the same shall be pulled down, demol- ished or removed, and by whom the expense thereof shall be borne ; 25. For regulating the width of the streets to be opened hereafter in the said city, and for increasing the width of those already opened, for regulating and altering the height or level of any street or sidewalk in the said city ; provided that if any person shall suffer real damage by the widening, lengthening or altering the level of any street in the said city, after a grade has been established such damage shall be paid to such person after having been assessed by arbitrators, if any of the parties shall re- quire it ; 26. For assessing the proprietors of property situate al c| il Vict. 1875. City of Sherbrooke. Cap. 50. 23 scrip- 3ts of filthy jhbors anger- ; such • agent icil to ;nce in f they 1 coun- ants of in the le said special 1 other register houses croach- over, or posts, and re- i walls, may be ed from erected ime and demol- eof shall s to be sing the altering the said damage I of any tablished having shall re- y situate ti in any street or portion of a street, of the said city for the purpose of making sewers or drains in said street or portion of street, such assessment be- ing in proportion to the assessed value of such property, and for regulating the mode in which such assessment shall be collected and paid ; provided always that the said council shall not be authorized so to assess the proprie- tors in any street or portion of a street, for making such common sewers, unless the majority of the proprietors in such street or portion of a street, shall have prayed for item ^o water such undertaking, or called for such assessment ; the streets; 27. For assessing, at the request of a majority of the citizens residing in any street or portion of a street or public square of the said city, all citizens residing in such sireet or portion of a street or public square in any sums necessary to meet the expenses of sweeping, watering ^j^™!'''""*^ and keeping clean such street or portion of a street or public square, and for removing the snow from any such street or portion of a street, lane or public place, such assessment being in proportion to the assessed value of steam engines; the property therein ; 28. To prohibit the erection of steam-engines within the limits of the said city for manufacturing or other pur- Mamifactories : poses, except by leave ot the council ; 29. To fix the place for the erection of any rnanufac-,,^^^^, ^f i,^.^,,,, . tories, or machinery worked by steam in the said city : 30. For establishing a board of health and investing them with all the privileges, powers, and authority ne- cessary for the fullfilment of the duties entrusted to them, or for acquiring all useful information on the progress or general effects of all contagious diseases, or for making such regulations as such board of health shall deem necessary for preserving the citizens of the city from any contagious diseases or for diminishing the effects r.y laws agaia^t or the danger thereof. 32. For the better protection of the lives and property of the inhabitants of the said city, and for more effec- tually preventing accidents by fire, the said council may Height of cinm make by-laws for the following purposes, to wit : "^'*' 2. For regulating the construction, dimention, height and elevation of chimneys above the roofs, or even, in certain cases, above the neighbouring houses and build- ings, and within what delay they shall be raised or re- Fire-ensiines; paired ; ii 24 Cap. 50. City of Sherbrooke. 39 Vict. r.iii;>i!r\ into i.a;i>eof lire ; Srt'f'tpirig chimnt-Vi 3. For defraying out of the funds of the said city, any expenses that the council shall deem necessary to incur, for the purchase of fire engines or apparatus of any kind, to be used at fires, or for taking such means as shall ap- pear to them most efiective for preventing accidents, by fire or arresting the progress of fires ; 4. The resolution passed by the council of the late Town of Sherbrooke, on the seventh day of June, in the year one thousand, eight hundred and seventy-one, relat- ing to the lemission of taxes in favor of the Massawippi Valley Railway Company, is hereby confirmed, and the lands acquired within the limits of the said Town, by the said Massawappi Valley Railway Company, or their les- sees, the Connecticut and Passumpsic Rivers Railway Company, from the Grand Trunk Railway Company of Canada, by deed of sale dated the twenty-third day of September, one thousand, eight hundred and seventy- three, and by emphyteutic lease dated the twenty-third day of September, eighteen hundred and seventy-three, are declared to have been, and are exempt from municipal taxation for a period of twenty years from the date of the said resolution, provided they be retained during that pe- riod by said company for the purposes of their business, and the repayment by the council of the present city of Sherbrooke, of any and all sums of money, made to any person or persons who may have paid the same to the corporation of the late Town of Sherbrooke, as and for taxes imposed on said property, is ratified and confirmed. 5. For making or authorizing, or requiring to be made, after each fire in the said city an enquiry into the cause and origin of such fire, for which purpose the said council or any committee thereof, authorized to the ef- fect aforesaid, may summon and compel the attendance of witnesses and examine them on oath, which oath they are empowered to administer ; 6. For regulating the manner in which, and the peri- ods of the year when chimneys shall be swept, and for granting licenses to such number of chimney-sweeps as the said council shall think proper to employ, and for obliging all proprietors, tenants or occupants of houses in the said city to allow their chimneys to be swept by such licensed chimney sweeps, and for determining what rates shall be paid either to the council or such chimney sweeps, and for imposing a penalty of not less than one dollar, nor /ICT. any ncur, kind, 1 ap- s, by ; late in the relatr iwippi id the oy the ir les- ailway any of day of venty- y-third -three, nicipal of the lat pe- isiness, city of to any to the and ior 1 firmed. ; to he into the the said the ef- endance ath they he peri- , and for veeps as , and for houses in t by such lat rates y sweeps, loUar, nor 1875. City of Shcrhrooke. Cap. 50. 25 n more than five dollars, on all persons who shall refuse to allow their chimneys to be swept as aforesaid, and all per- sons'whose chimneys may have caught fire after any refusal to allow them to be swept, such penalty to be recovered be- fore any justice of the peace ; and whenever any chimney which shall have caught fire as aforesaid shall be common to several houses, or be used by several families in the same house, the said justice of the peace shall have power to impose the above penalty in full on the occupant of each house or family^ or to divide the same among them in pro- portion to the degree of negligence, shown on proof be- fore him ; 7. For regulating the manner in which ashes and quick lime shall be kept in the said city, and for prevent- Keeping or ashes ing the inhabitants of the said city from carrying fire in""^^''"'*-'^'''"'^; the street without necessary precaution, from making a fire in any street, or from going from their houses to their yards and outbuildings and entering therein with lights not enclosed in lanterns, and generally for making such regulations as they may deem necessary for preventmg accidents by fire ; 8. For regulating the conduct of all persons present,. , , . at any fire m the said city, for obliging idle persons to as- ^:'>"M>rf.scnt .-u sist in extinguishing the fire or in saving effects which *""'" may be in danger, and for obliging all the inhabitants of the said city to keep at all times upon and in their houses ladders and fire-buckets, in order the more easily to check the progress of fire ; '^"^'''"•'■'' *'• J. For defraying out of the funds of the said city anv expenses which the said council shall deem expedient t'o;^-;',''' ''■"""''-^• incu^ in aiding or assisting any person in their employ, '^ who shall have received any wound or contracted any se- vere disease at any fire in the said city, or in any other service for the city, or in assisting or providing for the family of any person in their employ who shall perish at any fire, or in any other service for the city, or in bestow- ing rewards in money or otherwise upon persons who shall have been particularly useful or zealous at any fire in the said cit}' ; 10. For vesting in such members of the said council, , ,. . . or in the fire inspectors or in the said members and in-c.i:,eof the ; spectors who shall be designated in such by-laws, the power of ordering to be demolished during any fire, any houses, buildings, outhouses or fences which might serve 26 Cap. 50. City of Sherbrooke. 39 Vict. Appointment of officers ; Inspection of houses, &c ; Penalty, Collection of rates. Recoveraljle from whom. Taxes privileged Penalties, ti whom paiil. l.itense .. Other Penalties, as fuel to the fire and endanger the other property of the inhabitants of the said city, saving the obligation of pay- ing to the proprietors of the buildings so demolished the damages to which they may be entitled ; 11. For appointing all such officers as the council shall deem necessary, for carrying into execution the by-laws to be passed by them, in relation to accidents by fire, for prescribing their duties and powers, and providing for their remuneration, if they think fit, out of the funds of the said city ; 12. "For authorizing such officers as the council shall think fit to appoint for that purpose, to visit and examine at suitable times and hours, that is to say : between nine o'clock in the morning and four o'clock in the afternoon, ei- thertheinsideortheoutside of all houses and buildings of any description within the said city, for the purpose of ascer- taining whether the rules and regulations passed by the said council, under the authority of this act, are regular- ly observed, and for obliging all proprietors or occupants of houses in the said city to admit all officers of the cor- poration for the purpose aforesaid ; 13. For imposing a penalty, of at least one dollar and not more than twenty dollars, for any infraction of by- laws legally made. 33. The Secretary-Treasurer, when he vshall have com- pleted his collection-roll, shall proceed to collect the rates therein mentioned, according to the manner provided by the municipal code. 34. Every tax or assessment imposed under this act upon any property or house in the city may be recovered either from the proprietor, tenant or occupant of such property or building. 35. All the debts now due or hereafter to become due to the said corporation, for all taxes or assessments im- posed upon moveable or immoveable property in the said city shall, under this act, be privileged deb^s according to the municipal code. 36. All the fines and penalties recovered under the provisions of this act shall be paid into the hands of the Secretary-Treasurer of the said City Council, and the proceeds of all licenses granted under this act shall form part of the public fund of the said city, any law to the contrary notwithstanding ; also all fines and penalties sued for and recovered, in the magistrates' court in the said ci- i875. City of Sherbrooke. Cap. 50. 27 ty of Sherbrooke (save and except for the laws relating to the sale of liquors) under and by virtue of this act and under the summary convictions act, shall belong to and form part of the general funds of the said city of Sher- brooke and shall be paid over to the secretary-treasurer of , the said city council, by the justice rendering judgment, Ko"™*' and in all such cases the evidence may be taken viva voce P^oofrvVYizw^. and need not be reduced to writing, unless at the time of the fyling of the plea, the defendant requests the same to be taken in writing. 37. Before any by-law of the said council shall have b"£;"'°"°^ force or be binding, such by-law shall be published by ^ "" " publication for two consecutive weeks in two newspapers published within the limits of the said city, in one news- paper in the French language, and in the other in the English language. 38. The said council may contract loans for all ob -''''''■'"■ ^•''^'^"■o^^- jects falling within the scope of their power, by comply- ing with the provisions of the municipal code, and may make a by-law or by-laws granting such bonus or bonuses as they may think desirable and proper in aid of any '*''! "^ '" "'"'■•'>^- manufacturing company or companies as may be estab-''""''"""^"''''" lished within the limits of the said City of Sherbrooke : but no such by-law shall be operative until the same shall ^ ,.,^^_^, have been approved of by the municipal electors of the '''""'''■ said city under and by virtue of the provisions of the mu- nicipal code ; provided however, that none but owners of '''■°''''°- real property who by the valuation roll are entitled to vote at other municipal elections under this act shall be entitled to vote either for or against any by-law for the purposes aforesaid ; 39. The said council may issue debentures for the !■''*>"= of ^lei'cn- purpose of raising money upon the credit of the city for '"""'" all objects falling within the scope of their powers, such debentures to be issued subject to the provisions of the ^I'^^^f issue municipal code, and the amendments thereto ; provided P"-'^'-^o however, that none but owners of real property as afore- said shall be entitled to vote for or against any by-law passed for the purposes aforesaid ; 2. But inasmuch as the said town of Sherbrooke has ''"^"'^'''''''^'^e"- promised by way of bonus to the Canadian Meat and wkhout'at'pro'^i Produce Company, the sum of eight thousand dollars, "'"'"'''''P''^"'' and inasmuch as there is due by said town, certain other debts which are now due and exigible, amounting in all 28 Cap. 50. City of SJicrbrooke. 39 Vict. Mode of issue. Properties ex- empt from taxation. Encroachments upon the streets. Power to cause the removal of them in cer- tain cases. to a sum not exceeding tvventy-fiv.^ thousand dollars, the said council may and thev are hereby authorized to issue debentures for the purpose of raising money to pay these debts upon the credit of the city and without submiting the same to the rate-payers of the said city to an amount not exceeding twenty-five thousand dollars, such deben- tures to be issued in the form and under the provisions set forth in the municipal code and its amendments ; save and except however, that they may be issued by virtue of a resolution of the council of the said City of Sher- brooke, and such resolution shall not require the sanction or approval of the municipal electors of the said city, nor of the Lieutenant Governor of this province, but such de- bentures shall have the same validity as though sanction- ed by the Lieutenant Governor. 40. The following property shall be exempt from tax- ation in the City of Sherbrooke : All lands and property belonging to Her Majesty, Her heirs and successors, held by any public body or office in person, in trust for the service of Her Majesty, Her heirs and successors ; 2. All provincial property or buildings ; 3. Every place of public worship, presbytery, parson- age or manse and appurtenances and every burying- ground ; 4. Every public school house and the ground on which the same is constructed, provided that such ground does not exceed one acre ; 5. Every educational establishment and the ground on which the same is constructed, provided that such ground does not exceed two acres ; 6. All buildings, grounds and property occupied or possessed by hospitals or other charitable institutions, not exceeding three acres. 41. It shall be lawful for the said City Council to or- der the inspector of the said city to notify any parties who shall have made or shall hereafter make encroach- ments upon the streets or public squares of the said city by means of houses, fences, buildings or obstructions of any kind, to cause the removal of such encroachments or obstructions, by giving to such persons a reasonable delay for the purpose, which delay shall be specified by the said city inspector in giving his notice, and if such 1875. City of Shcrbrooke. Cap. 50. 29 persons shall not have removed such encroachments or obstructions within the delay specified, the said corpo- ration may itself remove the same, and shall recover the sum expended for such purpose from the person in de- fault. 42. From and after the passing of this act, every pro- ,■;;;;;:, "='""'" prietor or agent who shall wilfully grant a certificate or receipt setting forth a less sum than the rent really paid or payable tor the premises mentioned or referred to, and every' tenant who shall present to the assessors of the said city such a receipt or certificate falsly representing the value of the rent paid by such tenant in order to pro- cure a diminution or abatement of his assessment, or who shall directly or indirectly deceive the said assessors as to the amount of such rent, shall be liable, on conviction Pen.iity. thereof before the mayor or a justice of the peace, to a pen- alty cf twenty dollars or less, with costs, or in default of payment to imprisonment during one calendar month or less, according to the judgment of such mayor or justice of the peace, 43. The said council shall have full and unlimited ^^;;;;:;;,;;;,^';.; power to purchase and acquire out of the funds of the theopeniim -i' said city all such lots, lands and real property whatsoever""'"" within the said town, as they shall deem necessary for the opening or enlargement of any street, public square or market place, or for the erection thereon of a public building, or generally for any object of public utility of whatsoever nature. 44. When the proprietor of a lot which t!ie said ^■;^''l>';;;p';■;;'Ji :';.,^. council shall be desirous of purchasing, for any object of public utility whatsoever, shall refuse to sell the same by private agreement, and also refuses or neglects within ten days after notification, to appoint an arbitrator to act jointly with an arbitrator chosen by the corporation, and to enter into a bond, with the corporation to accept the award of the said arbitrators as compensai ion for said land, or in case such proprietor shall be absent from the province, or in case such lot of land shall belong to minors issue unborn, lunatics, idiots, or femes covert, the said council may apply to any judge of the vSuperior Court for Lower Canada in and for the district of Saint Francis, af- ter having given notice of such application to the party interested, an abst-ntee in such case being notified by a notice for such object published during two months in the r 30 Cap, ;o. City of Sherhrooke. 39 Vict. >;il of ,: neulei-t. M;iy..r. Coiuicill newspapers, one published in the English language and the other in the French language in the district of Saint Francis, for the appointment of an arbitrator by the said judge, to make conjointly with the arbitrator appointed by the said council, a valuation of such lot, with power to the said arbitrators however appointed, in case of a dif- ference of opinion, to appoint a third, without being bound in case of such latter appointment, to notify the parties ; and when the said arbitrators or two of them shall have made the report to the said council, at a regular meeting thereof, it shall be lawful for the said council to acquire such lot on depositing the price, at which it shall have been valued, by the said arbHrators, in the hands of the prothonotary of the Superior Court, for the district of Saint Francis, for the use of the person entitled thereto ; provided always, that in all matters of expropriation it it shall be the duty of the said arbitrators in making their valuation, to declare if the residue of the said land, part whereof has been detached, is benefited by the ex- propriation, and if such be the case, such value so given to the residue of the land shall be by them taken into con- sideration, in making the estimate of indemnity, and shall be deducted therefrom, and the decision of the said arbi- trators, or of a majority of them, shall be final, and with- in ten days after notification of the deposit of such money with the said prothonotary, which notification in the case of an absentee shall be published in the newspapers as re- quired by this section, the owner of such land shall be bound to execute a deed of sale of said land to and in fa- vor of the corporation, and in case of his failing to do so, then the registration in the registry office ot the proper registration division, of the said award, and a certificate from the prothonotary of the deposit of such money, shall constitute a good and sufficient title to said land in the said corporation. 45. Every person, who being elected or appointed to gTorany of the offices mentioned in the following list, shall re- fuse or neglect to accept such orfice or to perform the du- ties of such office during any period for which he shall have been so elected or appointed, shall incur the penalt\' mcHtioned in such list, or designation of such office, that is to say : 1. The office of mayor, fifty dollars ; 2. The office of councillor, twenty-five dollars ; I ; i875. City of Shcrbrouke. Cap. 50. 31 ;ase re- be fa- so, :oper icate ihall said ed to ill ve- du- shall malty that 3. Whenever the valuators nej^iect to make the valua- '*■''"'"""• ation which they are required to make under this act, or neglect to draw up, sign and deliver the valuation roll to the secretary-treasurer of the council within two months from the date of their appointment, every such valuator shall incur a penalty of fifty dollars ; 4. Every member of the council, every officer appoint- ^'*',;'';[" '"'" ''"' ed by the council, who shall refuse or neglect to do any*"" " act or perform any duty required of or imposed upon him by this act shall incur a penalty not exceeding nventy dol- lars and not less than one dollar : 5. Every person who shall vote at any election of coun- cillors, without having at the time of giving his vote at such uk'C ""^ '"'' election, the qualification by lavv^ requi'-ed to entitle him to vote at such election, shall thereby incur a penalty not exceeding twenty dollars ; k.xmI in-i.tMioi.. 6. Every inspector of roads or road-officer who shall refuse or neglect to perform any duty assigned to him by this act, or by the by-laws of the council shall, for each day on which such offence shall be committed or such neglect shall continue, incur a penalty of two dollars, un- less some other and heavier penalty be by law imposed on him for such offence ; 7. Every person who shall hinder or prevent, or at- ivevemmi .u. tempt to hinder or prevent, any officer of the council in the "n^^s dmV. ' exercise of any of the powers or in performance of any of the duties incurred or imposed upon him by this act, or by any by-law or order of the said council, shall incur a penalty not exceeding twenty dollars for every such offence; 8. Any person contravening any of the provisions of {^,;;;^'_'';.\'''"^'"" '' this act, the penalty for the infraction whereof is not al- ready prescribed by any provision of this act, shall incur a penalty not exceeding twenty dollars. 46. All the penalties imposed by this act, or by any J^^^;;;',;^;'-'''^ by-law made by the council, shall be recovered in the manner provided by the municipal code ; provided however, that in all summary trials for such penalties had before the district magistrate or any two magistrates in the said City of Sherbrooke, the evidence may be taken orally, unless tlie party prosecuted do make a demand that the same shall be taken in writing, and in all such cases, conviction shall carry costs. 47. All the powers conferred by the municipal code of Muni, ipai ..nie the Province of Quebec and the amendments thereto., up-""' '''''■■ Cap. 50. City of SJicrbrooke. J9 Vict. 1875. A|i|)e:il !■> ihe lirciiil I niirl. Ai t in hiri c. T)i^C(>UIlt "11 on any municipal council, and upon the councillors and officers of such council and not inconsistent with this act of incorporation, shall apply to the corporation of the City of Sherbrooke, to the municipal council and to the councillors and officers of the said corporation ; and wherever this act is silent, all the provisions of the said code and its amendments shall apply, and be law, in rela- tion to all municipal matters in the said City of Sherbrooke, and to all matters and things provided for in the said code. 48. An appeal shall lie to the Circuit Court from any decision of the council of the said City of Sherbrooke with reference to any valuation roll, proccs-vcrbal, expropriation of property, or any other thinj; with regard to which any party shall deem himself aggrieved by the decision of the council, and the decision of the court shall be binding up- on all parties ; such appeal shall be prosecuted in the man- ner provided by articles 1064 to 1079 inclusive of the municipal code relative to appeals from decisions of coun- ty councils. 49. This act shall come into force on the day of its sanction. New Provisions Under 42-43 Vict., Ch. 60. 1. Every rate-payer who shall pay the taxes due b\- him to the Corporation, within thirty days from the time the same shall become due and payable, shall be entitled to a discount of four per cent thereon. i.ite St. JuhiiM auilWcl John's, tioned. 4. Ii any imn: not havt part of t by the n the distr 96} of tj Section sufficieni effects ol that the moveabh pant whi proceeds ficient to perty, an the said ( not resid( tarv-Tre£ lands or j serving t The sa \ « i875. Ciiy of Shcrhroohc. Cap. 50. 1 1 John's, New Brunswick, fire, is hereby ratified and sanc- tioned. 4. In all cases in which the assessment imposed on any immovable property in the said city of Sherbrooke shall ulxl^sf ""*' '"' not have been paid for three years from the time that any part of the same became due, and it shall be established by the return and certificate ol the bailiff entrusted with the distress wrrrant issued under the provisions of section qdi of the Municipal Code, as applied to the said city, bv,,,, , , ,, Section J4 ot the Act hereby amended, that he could not ''ti.uiie. sufficiently levy by the seii^ure and sale of the moveable effects of the proprietor or occupants of such property, that the said bailiff could not proceed to the sei;jure of any moveable property belon^inj; to the said proprietor or occu- pant which may be found in the municipality, or that the proceeds of the sale of such moveable eff'ects are not suf- ficient to cover the amount due for taxes on the said pro- perty, and the costs incurred by the seizure and sale of the said effects, or that the proprietor or occupant does not reside in the city, it shall be the duty of the Secre tary-Treasurer, to proceed to the sale of the said vacant lands or immoveable propert}' in the manner, and by ob- serving the following formalities : The said Secretary-Treasurer, before the eighth day of January in each year, shall prepare a list containing the ,';'ii'i,;'[,,'H!.''"!„,!„ names of all persons indebted for three years of munici- pal taxes or school taxes imposed upon immoveable pro- perty held or occupied according to the valuation roll, by such persons, adding all other charges against the said real estate which may be then due or payable to the said Corporation, a short description, in accordance with arti- cle 2468 of the Civil Code, of all lands subject to the payment of the said arrears of municipal taxes, or school taxes, or other charges, the total an^ount of arrears of taxes for which the said property is liable for municipal or school taxes, or other charges. Such list shall be ac- companied by a notice setting forth that such lands aie to be sold at public auction at the office of the Secretai}- Treasurer of the said Council, on the first Monday of March next ensuing or on the day following, if such Mon- day be a legal holida\', at ten of the clock in the forenoon. in default of payment of the taxes for which they are liable, and the costs incurred. 5. Such list and notice which accompanies it must be 34 Cap. 50. City of Sherbrooke. 39 Vict. 1 1'. I I ( 'ertiiicate re iHiirt'il from • •[.-.ir.ir. Sec'T 'I'reas., li^tioberiib- published in the French and Eng^lish languages three times during the month of January, in the Official Gazette of the province, and in two newspapers, one in French and one in English, published in the said city, and by posting such notice in the manner required for public municipal notices, and the Secretary-Treasurer shall be- fore the fifteenth day of January^ apply to the Registrar of the Registration Division where such lands are situate, for a list of the hypothecary claims, upon the lands to be so sold, which list the Registrar shall be bound to furnish, with the addresses, as ascertained from his books imme- diately, and the expenses thereof to form part of such sale ; and shall notify each hypothecary creditor by registered letter, through the Post Office, at least one month before the day of sale, of such intended sale. 6. At the time appointed for the sale, the Secretary- hmriolen " '' ' Treasurer ol the said Council, or some other person for him, shall sell to the highest and last bidder therefor, the lands described in said list upon which taxes are still due, after making known the amount to be levied on any such lands including the costs incurred for the sale. 7. Whoever shall then offer to pay the highest price, and shall be the last bidder, shall become the purchaser of the land thus sold, and the said land shall be at once adjudged to him by the Secretary-Treasurer or other per- son who shall sell such land. 8. The purchaser of all lands thus sold, shall pa^ the amuont of the purchase price immediately upon the adju- dication thereof. 9. In default of immediate payment, the Secretary- Treasurer shall either at once again put up the land for sale or shall postpone the sale for eight days, by giving notice of such postponement to all persons present, in an audible and intelligible voice, and by publishing such notice, in two newspapers published in the said city, in the French and English languages. 10. If at the time of the sale, no bid is made, or if all the lands advertised cannot be sold on such first Monday in March, or following day, if such Monday be a legal holiday as aforesaid, the sale shall be postponed for eight days, and notice thereof given in the manner prescribed in the preceding section ; but the purchaser may prevent the resale by paying into the hands of the vSecretary-Treas- urer, before the time fixed for the resale the amount of Highest r.icUli I 'rice to be paii 111 ilefault. lainl icj 111. rc^'j'.i-l. l'i)>t|)unoinenl ul i875- City of Sherhrooke. Cap. 50. 35 m the purchase money, and all additional costs incurred in consequence of the postponement of the sale. 11. Upon payment by the purchaser, other than the g^.^,^ ,.,.^,^^ ^^ corporation hereinafter provided, of the amount of the si^e uccd. purchase money,. the Secretary-Treasurer shall immedi- ately execute, in the name of the corporation, a deed of sale and conveyance of the land so sold, to such purchaser under his signature and the seal of the corporation, and shall deliver a duplicate thereof, to the said purchaser, upon his paying the costs of the deed and the registra- tion thereof, and the said Secretary -Treasurer shall imme--'^"'^ to.em.tcr. diately cause the same to be registered in the proper Reg- istry office. The sale shall have the same effect as a sheriff's sale, and the purchaser shall become seized of the property in the lands so sold, and of the appurtenances thereof as propietor, and shall be entitled to take imme- diate possession thereof. 12. The corporation of the said city may bid, at the co.porati .n n ay sale of such immovable property thus put up for sale, and ^"' '" ''*'''■ may become the purchaser thereof, through the Mayor or oth'jr person authorized by the City Council, without hein^ held to pay forthwith, the amount of said purchase money ; but in case of the purchase of any immovable property by the said Corporation, the owner, or his repre- sentative or any person, on his or her behalf, may, within o«,u,-r.>!her. twelve months of the day of sale and adjudication of the '""^ rcj^an. said property, redeem the same by paying to the Secre- tary-Treasurer of the said city, the amount of the claims of the said city for which the said property was sold, with all costs of sale, and the subsequent costs, if any, incurred in connection with the carrying out of the provisions of this Act, together with the taxes, whether municipal or school taxes, which would have become due and payable prior to sucli red :mption. on said prope.-t}', in the case of private ownership thereof, as well as a y outlay lor neces- sary repairs ci insurance money to protect the said pro- perty from loss or damage by fire, together with fifteen per cent on all sach moneys, whether taxes, costs, addi- tional taxes, repairs, or insurance. If within the said period of twelve months, tlie propeit}' has not been redeemed as provided for in vhis section as " "'"'■"'''""''''' aforesaid, the Corporation remains the irre n jjible proprie- tor thereof, and the certificate of thp Secretary-Treasurer, setting forth the facts, countersigned by tl; ; Mayor c( the -if 3^ Cap. 50. City of Sherbrooke. 39 Vict. if '1 1 1 ! rit\ to sell >n'th III i'lVf ve.ir>. W'liLii prill- tx- txeiN aiiiniint liui. U) ( 'ur\>or;i- tioii. If no flu uni- f said city, shall be registered, and shall ipso facto be a valid title to the said property ; but the said certificate shall also contain a statement of the amount of surplus money bid by the said Corporation for the said property, over i,eXpo/iteir^ °and above the claim and costs of the said Corporation, on which the said property was sold, which surplus shall be immediately paid over to the Prothonotary of the Super- ior Court for the District, by the Secretary Treasurer, with a Registrar's certificate, as required by section 13 of this act, the costs thereof having been first deducted from such surplus, and said corporation shall pay interest on such surplus from the time of the adjudication until the money is paid over by them ; provided that the Corpora- tion shall be bound to sell any such property, within five years if the same be not required for public purposes. 13.. When the price for which said land or building lot has been sold, shall exceed the amount due to the Cor- poration for taxes, interest, and costs, the Secretary- Treasurer shall, as soon as may be, after the adjudication,, apply for and obtain from the Registrar of the Regi-t.i'ft- tion division in which such immovable property is situated, a Registrar's certificate of encumbrances existing upon the property so sold ; the said certificate, which the said Registrar is hereby authorized and required to furnish, shall be, in form and substance, similar to that fur- nished to the Sheriff in cases of Sheriff's sale, and imme- diately upon receiving such certificate, the Secretary- Treasurer shall deposit the same, together with the sur- plus money in his hands as aforesaid, first duducting the expenses incurred subsequent to the adjudication, with the Prothonotary of' the Superior Court for the District of Saint Francis, who is authorized and directed to receive the same. But in case the said purchase has been made \f^ by or on behalf of the said Corporation, then such de- posit shall only be made to the said Prothonotary, after the expiry of the twelve months allowed for the redemp- I lio' of the said property. 14. In cases where there are no encumbrances on the property so sold, the Registrar shall certify the fact in a certihcate which he shall deliver to the Secretary-Treas- urer when called upon as aforesaid, and the vSecretar\ • Treasurer shall immediately deposit such certificate with the Prothonotary as aforesaid. 15. When the Secretary-Treasurer of the said city has valid shall oney over n, on ill be uper- surer, 13 of from 2st on :il the rpora- in five es. ng lot e Cor- etary :atJon>, gist.ra- Ucited, ; upon le said jrnish, it fiir- imme- retary- he Rul- ing the 1, with itrict of receive n made Lich de- y, after redemp- s on the fact in a y-Treas- icretarN • ate with city ha^ 37 i875. City of Sherbrooke. Cap. 50. ( oiitestatioii .V noinoln;.^atii>n. niilf pr.jpcri\ . I'tiNiTipl'ii'll of M.Vfs. deposited with the prothonotary of the SufDerior Court, a cprtificate and money, as provided by sections 13 and i-| of this act, the Slid prothonotary shall prepare a report of distribution (jf the said money in accordance with the rij^hts of the claimants thereto, and the proceedings as to the fyling of claims and the making, contestation and ho:->iologation of the said report, shall be the sime as pro- ceedings in ordinary cases m the Superior Court after the return of moneys levied by tiie sheriff, save that in cases of claims bearing interest, such interest shall be calcul !ted up to the date of the dept)sit, instead of the date of the adjudication ind sale, and the same delays sh.dl apply, and the •; mu notices be given as in ordinary cases in the Superior Court. 16- If before tile siij of my immoveable property by tb.e Secretarv Treasurer, the same property be seized by th. sheriff, the Secretary-Treasurer, upon bemg notified HI wi-itmg by tiie Plaintiff in the suit, or his attorneys, of sucii r.ei/:ure, shall complete his advertisement, but shall not proceed to sell tlu same, but shall hie an opposition with the sheriff o)' prothonotarx for the amount of the taxes, interest and costs, but it the sheriff's sale is delay ed by opposition or otherwise, the Corporation of the City of Sherbrooke, may then, after two weeks notice giv- en as provided in section live, proceed upon a day to be ti.xed b\- such notice -o th.: sale of the said property. 17. AH arrears of municipal taxes or school taxes due to thi., cit\ , are prescribed by four years from the dale on \Nhich they become due. 18. I his act shall ct)me into lorct on the day oi its sanction.