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Tous les autres exemplaires originaux sont filmds en commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ► signifie "A SUIVRE", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent dtre filmds d des taux de reduction diff^rents. Lorsque le document est trop grand pour Stre reproduit en un seul clich6, il est filmd 6 partir de Tangle supdrieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 I: ■■*• 2 3 4 5 6 / APPENDIX TO THE CHARTER AND BY-LAWS OF THE CITY OF MONTREAL CONTAININO AMENDMENTS TO THE CHARTER AND RY-LAWS PASSED SINCE Till-: LAST PUHLICATION OF THE MUNICIPAL LAWS IN 18G5. BY CHARLES GLACKMEYER CITY CLERK. IRotttml LA MINERVE STEAM PRESS, 16, ST. VINCENT STREET. 1870 TSI76/ )?70 PART FIRST. A-MEND MEN T S TO THE CITY CHARTER AND OTHER ACTS OF THE LEGISLATURE RELATING TO JhE J::itY of yVLoNTREAL. I the of t Vici to t Cou ings the witl cil a folio 1. the: gran calle aldei toth moiij mam 2. AMENDMENTS TO CHARTER. (29 VICTORIA, CAP. 58.) An jict to explain certain enactraentsof the Acts of incorporation of the City of Montreal, and for other purposes. [Assented to ISth September, 1865.] WHEREAS doubts haA'e arisen as to the true Preamble, intent and meaning of the requirements of the forty-ninth section of the Act of incorporation of the City of Montreal, fourteenth and fifteenth I'l, 15 V. c. 128 Victoria, chapter one hundred and twenty-eight, as to the validity of the proceedings adopted by the Council of the City of Montreal, at the special meet- ings thereof from the time of its incorporation to the present day : Therefore, Her Majesty, by and with the advice and consent of the Legislative Coun- cil and Assembly of Canada, enacts and declares as follows : i. All special meetings convened by the order of How special the Mayor or alderman in pursuance of the power |"io*c'itvCoun- grantod in the said forty-ninth section, may be so ^'' shall be called and conv ned by the order of the Mayor or alderman, by A^erbal or written intimation or notice to the city clerk, who thereupon shall issue the sum- mons to the members of the said Council in the manner prescribed by the said forty-ninth section : 2. All special meetings of the said Council called Special meet- « AMENDMENTS TO CHARTER. ings on rc- ^luisition or members. Special mett- ings hereto- fore called as above provid- ed declared to liave been legally called Proviso : as to pending cas'!S. Recital. 27. 78 V. c. -60 s. 33. upon a requisition signed by five or more members of the said Council, in case of absence of the Mayor of the said city, or of his sickness, or his refusal to call the same, shall bo deemed and considered a suf- ficient notice to authorize the city clerk to issue the summons to the members of the Council in the man- ner prescribed by the said section ; 3. All special meetings of the said Council here- tofore called and convened by the Mayor or by an alderman, or by a requisition signed by five or more members of the said Council without any special notice signed by them or any of them to the said city clerk, requiring him to issue his summons in the form prescribed in the said forty-ninth section, shall be held and taken to have been so called and convened legally and in accordance with the re- quirements of the said forty-ninth section ; Provided always, that nothing herein contained shall affect or prejudice the claims of any person or persons con- cerned in any proceeding, suit or instance now pending in the Superior Court of the District of Montreal, wherein the validity of certain proceed- ings of the said Council of the City of Montreal is called in question ; 2, And whereas it is enacted in and by ihe thirty- third section of the Act passed in the twenty-seventh and twenty-eighth years of Her Majesty's Reign, chapter sixty, " that any proprietor in the second, third and fourth sections of Notre-Dame street afore- said, whose property, or any portion of whose pro- perty, is required for the said improvement, who may be desirous of anticipating the time fixed for carrying out the said improvement in front of his property, may do so, by amicable arrangement, at AMENDMENTS TO CHARTER. any time before the confirmation and homologation of the report of the said commissioners for the section of the said street in which such proprietor is inter- ested, or after the conlirmation and homolagation of the said report, by an acceptance of the terms or price set upon his property in the said, report ;" but no provision is made to enable the Corporation of the said city to provide the necessary funds to meet the payment of the amount aw^arded in such cases, it is therefore enacted, that whenever any proprietor in the second, third or fourth sections of Notre Dame street, may desire to avail himself of the privilege conferred upon him by the said thirty-third section, by anticipating the time lixed for carrying out the widening of the said street in front of his property, such proprietor shall be bound to give a written noti- ce of such his intention to the said corporation ; and it shall be the duty of the said corporation to depo- sit, in the hands of the prothonotary of the Superior Court, within fifteen days from and after the said notice, the amount of the price and compensation w^hich shall have been set upon the said property by the Commissioners. 3. And whereas it is expedient to simplify the procedure before the Recorder's Court in prosecu- tions instituted against parties selling spirituous, vinous or lermented liquors without license : it is hereby enacted that the said prosecutions before the said Court may henceforth be instituted either by a writ of summons or by warrant, as pro\'ided in and by chapter one hundred and three of the Consoli- dated Statutes of Canada, in relation to summary convictions before Justices of the Peace. 4. For and notwithstanding anything contained Case of pro- prietor desir- ing to antici- pate time lixed for widening th« street pro- vided for. Proceeding* in cases of sales of li- quor without license sim- pliliod. Jral eTidene* 8 AMKNUMKNTS TO CIIAllTKK. may bn pivon ill sii(;li cas(.'s, and not r<- ducod to writ- ing. Enforcnmoiil of jxiimlly un- der sect. 3. Recital. €lerk of Re- corder's Court to con- duct cases for the City. Additional loan for drainage au- thorized. in the foriy-soveiith soctioii of chaptor six oi' the Coiisoli(lat»'(l Statute-s lor Lowor Canada, it shall not ho ncco.ssary, hereaftcn', to roduco th(^ d<'positions of the witncs.scH in the said pros(!cntions hol'oro the said Uocordcr's Court, to writing, and to lile the same of r«'cord in the causo, hut the proof shall l)e made orally, as in cases of summary convictions. •5. In default of the immediatt^ payment ol the penalty referred to in the third section of this Act, and such costs as are awarded to the jirosccutor, the defendant shall he imprisoned undi^r the warrant of the Recorder of the said City, for a period of not less than two months and not exceedini^ six months ; but the defendant may, at any time, ol)taii> hisliher- aMon from such imprisonment, by making* full pay- ment cf the said penalty, and all costs, whether in- curred upon or after conviction. tt. And whereas delays and obstructions have occurred in dealnig- with cases and suits cognizable by the llecorder's Court of the said city, by reason of doubts which were raised as to the power of the Clerk of the said Recorder's Court to conduct the said cases and suits, it is hereby declared and enacted as follows : The said clerk of the Recorder's Court is author- ized and vested with all the necessary powers, and it is his duty to conduct in behalf and in the name of the plaintiffs or prosecutors, when such plaintilis or prosecutors are, or shall be, the Corporation of the said City of Montreal, all cases and suiis cogniz- able by and within the jurisdiction of the said Court. T. For the purpose of completing the drainage of the said city, and for that purpose only, it shal. be lawful for the said corporation to borrow, over and above the amount of the loan which the said corpo- t '^ AMENDMENTS TO CHAllTER. » f? js luthor- s, and name aintili's ition of cogniz- d Court, nag*' of shal. be ver and i corpo- ration is authorized toraiso in and ))y the provisionK ofthe thirty-lit'th seetion of the Act passed in the twenty-seventliand tvventy-eit-hth years oilier Ma- jesty's Ueit^n, ehapter sixty, siu-h sum or sums of money, not cxeeedini>- seventy-live th«^usand dollars, as the said cori)oration may lind it necessary or ex- pedient to borrow, for the extension and completion of the drainai^) of the said city. .H. Im)!- the purpose of establishiii!*- and erectinp; a laiau forUiill Drill Shed and Armory in the said city, and acfiuir- Aniiory. ing- the necesisary site therefor, jind for these i)ur- poses only, it shall ])e lawful for the ..aid corporation to etlect a special loan not exceeding seventy-five thousand dollars to be designat-^'T T/ip Drill Shed Loan. 9. The said corporation is here]>y ;;ulhori/ed to lonnior borrow a snm not exceeding two hiirulred thousand ^''"'*'' ^^'°''*^- dollars for the purpose of providing an additional rising main water pipe and further to extend the Water Works of the said city and for no otluM- par- pose. 10. It shall be lawful for the corporation of the issu- of De- said city to issue, under the hand of the Mayor and ii',orized^- *"" the sedl of the said corporation, debentures or cor- rorm.mtf'rest, poration bonds to the amount of the respective sums which the said Corporation is empowered to borrow, in and by the three next preceding sections, payable twenty-five years after the date of the issue thereof respectively, and bearing interest payable semi- annually on the first day of May ami November in each and every year, and at a rate not exceeding six per centum per annum, and all such debentures may be issued from time to time, at such periods and for sucu amounts as shall be deemed expedient, and they may have coupons annexed to them for 10 AMENDMENTS TO CHARTER. Loans may be elTeclod in or out of the Province, Ac, |i ' Sinking Fund and Treasu- rer's duty with respect to it. the half-yearly interest payable on them, which cou- pons, being signed by the Mayor or Treasurer of the said corporation, shall be respectively payable to the bearer thereof when the half-yearly interest therein mentioned becomes due, and shall on pay- ment thereof, be delivered up to the said corpora- tion ; and the possession of any such coupons by the corporation shall be primd facie evidence that the half year's interest therein mentioned has been paid according" to the tenor of such debentures or bonds ; and as well the interest as the principal thereof are and shall be secured to the general funds ol the said corporation. II, The amount which the said corporation is empowered to borrow by the next preceding sec- tions, may be borrowed either in this Province or elsewhere ; and the principal sum and the interest thereon as aforesaid, may be made payable either in this Province or elsewhere, and either in sterling money or the currency of this Province, or in that of the place where the same shall be payable. 158. It shall be the duty of the treasurer of the said city, before the quarterly meeting of the council of the said city, in the month of September, in the year one thousand eight liundred and sixty-six, and in each year thereafter, to take from and out' of the annual revenues and funds of the corporation of the said city (from w^hatever source arising), and before the payment of any appropriation whatsoever of the said revenues or funds, a sum of money equal to two per cent, on the debt or debts crtmted under the authority of this Act, and under the authority of the first section of the Act passed in the twenty-fifth year of Her Majesty's Reign, chapter forty-four, and of the thirty-fourth and thirty-fifth""sections of the Act yea sai( apa und clus of tl und the year and said appl thori inco] AMENDMENTS TO CHARTER. \1 bcou- rer of lyable terest 1 pay- rpora- 3y the at the n paid )on(ls ; iof are le said ion is iig' sec- nce or iiterest ther in terling n that of the council in the IX, and of the of the before of the qnal to Jer the of the ty-fifth ur, and of the Act passed in the twenty-seventh and twenty-eighth years of Her Majesty's Keign, chapter sixty ; which 3"^^*°^°* said sum of money the said city treasurer shall keep tion of such apart of all other monies, to be invested and applied, under the orders of the said council, solely and ex- clusively as a sinking- fund, towards the extinction of the said debt or debts, in the same manner and under the same formalities as prescribed in and by the sixth section of the Act passed in the sixteenth year of Her Majesty's lleign, chapter twenty-six, and generally all the provisions contained in the said sixth section of the said last cited Act, shall apply to the sinking fund established under the au- thority of this Act, excej^t only in so far as they are inconsistent with this Act. 13. This Act shall be deemed a Public Act. PubUc Act. 12 AMENDMENTS TO CHARTEB. (29-30, VICTORIA, CAP. 56.) Preamltle Tiiua allowed for election of Mayor, Ac, altered. i-*ro|)ri«tors tn vote for Coun- cillors in every ward wliero thi>y own roal estate, Ac. An Act to amend the provisions of several Acts relating to the City ol' Montreal, and for other purposes. [Assetited to 15//t August, 1866.] WHEHEAS the Corporation of the City of Mon- treal have, by their petition, asked for several changes to be made in the provisions of the Acts of incorporation of the said city, and it is expedient to accede to the prayer contained in the said peti- tion : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : I. From and after the passing of this Act, the delay granted to persons qnalilied to vote at the election ol' Mayor and Councillors of the said city, to produce and deposit their certificates of qualifica- tion to that efiect, and vote, shall be from nine o'clock in the forenoon until five o'clock in the after- noon of the last lour juridical days in the month of February of each year. tJ Every male person being ihe owner of real estate in more than one ward of the said city, and every male person being the occupant of an office or place oi' business in one of the sa'd wards, and being the occupant of a dwelling-house or the owner of real estate in any other ward or wards, shall have the right to vote, for the election of Coun- AMENDMENTS TO CHAKTER. 18 \<-' of real y, and office IS, and or the wards, Coun- cillors only, in any ward w^horein he owns real estate, or occupies a dwelling-house, as also in the ■ward wherein such person shall keep an office or place of business; and such person shall be inscribed in the voters' list for each of the said wards ; provided such person be otherwise qualified and within the requirements of the law. 3. The seventh and oighth sections of the Act passed in the fifteenth year of Her Majesty's Reign, (fourteenth and fifteenth Victoria chapter one hun- dred and twenty-eight,) are hereby amended in so far as they enable the Mayor, Aldermen and Coun- cillors of thr* said city to qualify on personal estate; and henceforth the Mayor and Aldermen shall not be capable of being elected, unless they are, during the six months immediately preceding the day of their nomination, seized and possessed, as proprie- tors, of real estate within the limits of the said city, of the value of one thousand i)ounds, currency, after payment, or deduction of their just debts ; and the Councillors &hall not be capable of being elected, unless tlicy are, during the six months immediately preceding the day of their nomination, seized and possessed, as proprietors, of real estate within the limits of the said city, of the A'alue of five hundred pounds, said currency, after paj'ment or deduction of their just debts ; and the form of oath inserted in the thirty-ninth section of the Act fourteenth and fifteenth Victoria, chapter one hundred and twenty -eight, is hereby amended by striking out therefrom all that relates to personal estate. 4. No person shall enter upon office as Mayor, Alderman or Councillor of the said city, unless he shall have previously deposited and lodged in the hands of the City Clerk, a declaration signed by Proviso. Qiialilication of Members of (Council to lie on real csUile only. Mayor and Alriernien. Councillors. Form of oath altered. Declaration (if qiialilica- tion. ! I 14 AMENDMENTS TO CHARTER. H'proporty on whicliann'in- bor has i|Uii- lilio'l chan{.M)s hands, iVo. Ho must ([ua- hiy on other property. Person in- dohtod for city taxes not eligible us members ol' Council. Other caus^os of disqiialili- cation. Actini? City Troasurfir in certain cases. himself, establishing- the fact of his being qualified in accordance with the provisions of the next pre- ceding-section, and containing- a detailed description, of the real estate on which he qualiiies himself. •»• In case the Mayor or any Alderman or Coun- cillor shall cede or make over, in any manner what- soever, the real estate on which he shall have quali- fied himself, or shall mortgage or encumber the same, so as to affect the amount required for his qua- lification, it shall be lawful for any two electors duly qualified to vote at the election of the said Mayor^ Alderman or Councillor respectively, to present a Petition to the Council of the said city, requiring the said Mayor, Alderman or Councillor, as the case may be, to produce the title of such other immova- ble property as he may qualify upon ; failing which, his seat shall become vacant. O. No person shall be capable of being elected a member of the Council of the said city, who may be indebted to the said city for taxes, assessments or water rates (drain accounts or special assessments in cases of expropriation excepted) or is a party to, or interested in, any law suit or judicial process what- soever, the amount of which shall exceed one hun- dred dollars currency and wherein the Corporation of the said city shall appear as plaintift'or defendant. 7. Any member of the said Council who shall, directly or indirectly, become a party to, or security ibr, any contract or agreement to which the Corpo- ration of the said city is a party, or shall derive any interest, profit or advantage from such contract or agreement, shall thereby become disqualified and lose his seat in the said Council. H- In case of the absence of the City Treasurer by sickness or otherwise, the Mayor, for the time being, :i!j AMENDMENTS TO CHARTER. 15 may appoint a person to act as such Treasurer during the said absence. 9. The thirty -eighth section of the said Act four- Sec .18 of 14 teenth and fifteenth Victoria, chapter one hundred .a,,. \2» re- and twenty-eight, is hereby repealed. pealed. 10. At the quarterly meeting of the said Council Auditor to be to be hold in the month of December next, one council :"iiu- thousand eight hundred and sixty-six, the said Coun " ^'•^s. cil shall elect, by a majority of votes, a person to be, and who shall be named the " Auditor for the City of Montreal," whose duties and attributions shall be prescribed by a by-law which the said Council is hereby authorized to pass ; Provided always, that no member of the said Council, nor the city clerk. Proviso. nor the assistant city clerk shall be capable of being elected Auditor as aforesaid; Provided also, that any proviso. vacancy in the office of Auditor may be filled by the said Council, by an election to be made in the manner prescribed by and in conformity with the provisions hereinbefore made, at any subsequent quarterly or spt^cial meeting. II. A majority in value of the proprietors inter- Majority of ested in or subject to a special assessment mav, bv rr"P''f''ors 11 X- l^ j^ n- 1 1 • ,1 , iiitorostod in a declaration to that en:ect, to be signed by the said any improve- proprietors, object to the carrying out of any impro- vement, by submitting such declaiation to the Com- missioners named, for the purposes of the said im- provement, by the court or iny judge, as the case may be, two days at least before the day fixed on which to proceed with the valuation ; and in that case, instead of proceeding with the valuation on the Duty of Com- day appointed, the said Commissioners shall ascer- "''^''''J."*^|? ' tain and determine, without any appeal, if, in reali- ty, the signers of the said declaration constitute the majority in value of the said parties interested, (the nn'nl may ohji'ct to its hi'ing carried out, Ac. in 16 AMENDMENTS TO CHARTER. said value as set forth and established in and by the general assessment roll immediately precedin;^ such declaration,) and if they find that such majority are opposed to the improvement, they shall report the fact to the Court or .fudge, as the case may be, on the day appointed to receive their report of valua- tion, and the procoeding-s in expropriation shall ipso facto be annulled ; if, on the contrary, the said Com- missioners determine that a majority in value of the parties interested have not signed the said declara- tion, they shall appoint a day on which to proceed to determine the value of the real estate subject to expropriation, of which they shall give notice by publication in one newspaper in the French lan- guage, and one newspaper in the English language published in the said city. Commission- ^**- The twenty-second and t\, enty-fifth sections crs to maico ^|- ^j-^g j^^^^ twentv-seventh and twenty-ei"hth Victo- assc-smoiii in ria, chapter sixty, are hereby repealed; and it is inipi'ovHiiii'nt, enacted that the said Commissioners, at the same time that they determine and fix upon the amount of the price, indemnity or compensation for each and every the pieces or ])arcels of ground required by the Corporation ol" the said City, for purposes of improvements, shall also proceed to assess and ap- portion, in such manner as to them may appear most reasonable, the price or compensation, indemnity or damage and cost of such expropriation or improve- ment, in whole or in part, conformably to the reso- lution of the said Council, upon all and every the pieces or parcels of land or real estate, which shall have been benefited or may hereafter be benefited by such improvement ; and the said Commissioners shall haA'e the exclusive power or privilege to deter- mine what pieces or parcels of land or real estate '■'3 lilit- ■;'i AMENDMENTS TO CHARTER. shall have been or may be benefited, and to what relative or compaiative amount ; and the said Com- missioners shall, for the purposes of the said im- provement, base their valuation upon the actual value of the said pieces or parcels of land or real estate, irrespective of buildings thereon erected, taking into account the size of the said pieces or parcels of ground or real estate and the benefit to be derived from the said improvement ; and two of the said Commissioners shall have full power to act for the purposes of the said special assessment, in case of a diversity of opinion, and their decision shall have the same force and eff'ect as if the three Commissioners had concurred therein. IJf The twenty-third section of the said Act twenty-seventh and twenty-eighth Victoria, chapter sixty, is hereby amended by striking out the words " along with a plan or map designating all and every the pieces or parcels of land or real estate subject to or liable for the said special assessment ;" and by substituting the word " Comissioners " for the word " Assessors" wherever the latter word oc- curs ; but the provisions contained in the two next preceding sections shall not apply to cases where the Commissioners shall have commenced the pro- ceedings of expropriation at the time of the passing of this Act. 14. "When the Corporation of the said City, after having resolved to sarry out an improvement, at the cost of the parties interested, in whole or in part, shall have acquired by amicable arrangement and without having recourse to proceedings in expro- priation, all the pieces or parcels of ground required for the said improvement, (hypothesis under which, before the repeal of the sections of the said Act 3 It On what the assessment shall he based. Two Gommis- sior ors may act. Sec. 23 of 27 & 28 V. Cap., 60, amended. Commision- ers to be ap- pointed to as- sess in cases, where the land is ac- quired by a- micable ar- rangement. 16 IIP^ Ilighls saved. 8f3C. 17 of 17 & 28 V. c. GO, amended. Delay within which real eslat' may be sold for taxes. Loan of $400,000 to pay all lloal> AMENDMENTS TO CHARTER. twenty-seventh and twenty-eig'hth Victoria, chapter sixty hereby abrog-atod, the City Assessors were held to assess and apportion, without limitation as to time, the cost of the improvement upon the real estate be- nefited) the said Corporation shall, by a petition to be addressed to the Superior Court or to any .Tudi^e thereof, in vacation, cause to be appointed three Commissioners for the si^ecial purpose of making and determining- the apportionment or s])ecial as.ses- ment to cover the cost of the said improvemonl, in whole or in part, as the case may be ; and the said Commissioners shall make such apportionment or special assesment in the manner specilied in the foregoing sections ; nothing herein contained shall deprive any of the parties interested from availing themselves of any irregularity in the original procee- dings, and of contesting the right of the said Corpo- ration to make or cause such assesment to be made. 15. The seventeenth section of the said Act, twenty-seventh and twenty-eighth Victoria, chapter sixty, is hereby amended, and hereafter all the powers conferred upon the Superior Court by the said section to call in the creditors and issue such orders as regards the distribution of the price or indemnity, shall be exercised with as much validity by any of the Judges of the said Court during the vacation and out of term. lO. The delay of five years, fixed by the seventy- fifth section of the Act fourteenth and fifteenth Vic- toria, chapter one hundred and twenty-eight, for the sale of real estate, in case of non payment of the assessments due thereon, is hereby reduced to two years. 17. And whereas it is expedient to make provi- sions for consolidating the floating debt of the said AMENDMENTS TO CHARTER. 19 'g )y the such ice or ulidity ■venty- th Vic- tor the of the to two a'. City and for placing the financial affairs of the said City on a better footing, by providing means for paying off the said debt, by means of a sinking fund : it is enacted that it shall be lawful for the said cor- poration to borrow% by and through the issue of debentures, in sums not less than five hundred dollars each, a sum not exceeding four hundred thousand dollars to pay off' and extinguish the float- ing debt ; and the provisions of the second section of the Act sixteenth Victoria, chapter twenty-six and of the twelfth section of the Act twenty-ninth Victo- ria, chapter fifty-eight, relating to the sinking fund, shall apply to the loan authorized by the present section. IH. It shall be lawful for the said corporation to borrow, by means of debentures to be issued for that purpose, in sums not less than five hundred dollars each, a sum of one hundred and seventy-live thousand dollars to be applied exclusively to the amelioration of the "VVator Works of the said city, a portion of which sum, viz : one hundred thousand dollars shall be s])ecially applied to the extension of the reservoir, and seventy-five thousand dollars to provide against unforeseen accidents which may occur in the w-inter season, and for no other pur- poses ; and the provisions of the second section of the Act sixteenth Victoria, chapter twenty-six, and of the twelfth section of the Act twenty-ninth Vic- toria, chapter fifty-eight in relation to a sinking fund shall ai^ply to the loan authorized by the present section. 19. This Act shall be deemed a public Act. ing debt, au- lliorized. Ortnin pro- visions to apply. Loan of .•c pay- poll all classes oiitreal ic trea- ibers to ho said mi lor m y year, ho lii'st or pur- iolidated said city ^e mayor the said form of the case ration to )enturec> pay the iiey or in pay off ner. er to en- rpose, all iated by disposed )erson, or ave sub- AMENDMENTS TO ClIAUTER. 2S scribed to any amount of the said shares, stock or debentures ; and when such subscriber or Nu])scri- bers shall transfer or make over his or their said ,',1;*]^*'^"J,,,ich shares to a third party, such transfer or cession may willho/j/imd be made in the form of schedules number three and '"'^*' '*'""" number four [us the case may be] appended to this act ; and the same shall be entered or rei«istered ])y the said treasurer in a distinct })ook or register to be kept by the said treasurer for Ihat purpose, and to which access may be had by interested i)arties, on demand ; and sucli subscril)er or transferee last enre- gistered, as hert'iu))efore prescribed, shall be h(,'ld to bo prima facie the vreditor of the amount of such sha- res, stock or debcMitures, and such shares, stock and debentures are and shall be transferable in the man- ner aforesaid. O. Every year, on or before the thirty-first day of sinking fund [January, the city tr(;asurer shall take from and out i'i','„.'iiorro"r of the annual revenues and other funds of the said p may be exacted in the same manner as all other fines im- posed in und by the several statutes concerning the said corporation, and shall form part of the sinking fund aforesaid ; and it shall be the duty of the audi- tor of the said city to submit to the said council annually a statement under oath showing whether the said treasurer has or has not fulfilled all the obli- gations imposed upon him by the present section. Corporation '^- The corpoi'ation of the said city shall at all shall retain a times retain in their hands from and out of the " city sum equal to _ ^ the amount of Montreal consolidated fund," a sum equivalent to now in circu- the amount of their bonds, securities or debentures^ lation, which then in circulation and issued in virtue of the it mov ro- deem'ornoi. several statutes concerning the said corporation; and it shall be lawful for the said corporation^ with the said sum, to redeem the bonds, or deben- tures in circulation at maturity, or by agreement with the holders thereof, or to receive the same in exchange for shares, stock or debentures available in virtue of the present act, on such terms and con- ditions as may be agreed upon. * u ♦, J. iiiiiilt AMENDMENTS TO CHARTER. 26 rpora- fund, y the le gra- Eisurer larter- jrear, a ed by he has )n him 'ault of ne and of two npmay lies im- ing the sinking ir audi- council hether ;he obU- ction. 1 at all te " city alent tO' ■ntures^ of the ration ; loration^ deben- eement Isame in ailable Lnd con- N. The corporation of the said city are hereby *"*^tn«-nt empowered to employ and apply all sums of money fund already now on hand and set apart, by and through their treasurer, to form sinking funds in pursuance of the several statutes by which the said corporation are authorized to borrow money for municipal purposes, and which at present constitute such sinking funds, to the payment and extinction of the bonds, securi- ties, debentures, and of the debt of the city gene- rally ; and such sinking funds being rendered un- necessary by reason of the system inaugurated by the present act, the same are for the future discon- tinued and declared to be abolished. EXPROPRIATION. ». The eleventh and twelfth sections of the act Sections 1 1, passed in the twenty-ninth and thirtieth years of c'^Tmodi- Her Majesty's reign, intituled : "An act to amend fi«»«- parties interested in and to be specially assessed for the purpose of the proposed improvement, and draw up a report thereof, and give public notice of the same by an advertisement to be inserted during ten days in two English and two French daily newspa- pers published in the city of Montreal, and the said parties so notified who desire to oppose the said proposed improvement shall be bound to fyle their oppositions in the hands of the said commissioners, within three days from the date of the last insertion of the said advertisement, the said commissioners. n ,26 I'M' in I , ■! ; I;i! '!!'! .,il lit' mm^ 1,111 Preamblo Powers given by sees. 9, 11, l3ofc. 6, G. S. L. G. for granting ta- vern certili- ^cales trans- 'ferred to chairmen of permanent committees. When such certilicates shall be ap- plied for. When appli- cations shall be taken into considora- 'tion. AMENDMENTS TO CHARTER. upon the fyling of the said oppositions, to proceed as mentioned in the said sections. TAVERN CERTIFICATES. 10. Whereas, the council of the said city of Montreal have experienced serious difficulties in the fulfilment of the duties imposed upon them by law in reference to the granting of certificates for ta- verns, inns, hotels or other houses or places of pu- blic entertainment, and it is expedient to relieve the said council, from such responsibility, and for that purpose to amend chapter six of the consolidated statutes for Lower Canada ; it is therefore enacted that the powers conferred upon the said city coun- cil by sections nine, eleven and thirteen, of chapter six of the consolidated statutes for Lower Canada, concerning the confirmation or rejection of the cer- tificates required to obtain a license, are henceforth conferred upon a board to be composed of the chair- men of the standing committees of the said council, who are hereby exclusively invested with all the rights and powers held to this day by the said coun- cil, concerning the said granting or rejection of ta- vern certificates, 11. All applications for certificates shall be lodged with the clerk of the said city, on or before the fifteenth day of March in each and every year and no later ; and each application aforesaid shall be ac- companied by the sum of one dollar to defray the cost of advertising and other incidental expenses. 12. It shall be the duty of the said board to con- sider the said applications for certificates, and to grant or reject the same, as they may see fit, and to close their labors on or before the fifteenth day of April following and not later, and they shall report f I thi |tur< the [and mo- I hen l« Ibefo ftako cons AMENDMENTS TO CHARTER. 2T ;eed as city of B in the by law i for ta- s of pu- ieve the for that olidated enacted ty coun- chapter Canada, I the cer- enceforth the chair- council, ;h all the aid coun- ion ofta- be lodged efore the year and Lall be ac- efray the ;penses. rd to con- es, and to fit, and to h day of all report the result of their proceedings to the city clerk, which report shall be signed by a majority of the members ef the said board, and their adjudication shall be iinal. 13 Immediatplv after the above mentioned re- i^'st of appU- port f^hall have been made, the clerk ol the said city granted to be shall cause to be published, without delay, in the l'"»Ji'she. In all cases of persons tried for drunkenness h, c-ruiin [before the said court, it shall not be necessary to '.'•'^'*^ 'i«p"si- I . J lions need not take the affidavit or deposition in writing of the be in writing. constable making the arrest. 28 Preamble. 1 1 I'll' 1,1 Loan of {^fiO- 000 and issue of bonds, to build a city hall. HI H I Nature and security of said bonds. AMENDMENTS TO CHARTER. CITY HALL LOAN. 16. And whereas, the premises now used in the said city of Montreal as a city hall, are inadequate to the proper working and administration of the mu- nicipal affairs, and do not offer sufficient security for the preservation of the city's archives and decu- ments, and in consequence thereof, the corporation of the said city have acquired from the provincial jQfovernment, by deed passed at the said city of Montreal, on the twenty-ninth day of June, one thousand eight hundred and sixty seven, before Theod. Doucet and colleague notaries, a lot of ground or real property situated within the limits of the said city, on the express condition that the said corporation shall construct on the said lot or real property a city hall, and shall not use the same for any other purposes, and that the said edifice shall be erected within five years from the date of such deed, and to enable the said corporation to fulfil their engagements as aforesaid, it is hereby enacted that the said corporation may effect a special loan to the amount of two hundred and fifty thousand dollars, current money of this province, to be known as " The City Hall Loan," for which the said corpo- ration are authorized to issue, under the signature of the mayor and the seal of the said corporation, bonds or debentures to the amount of the said sum of two hundred and fifty thousand dollars, payable twenty-five years after the date of their issue, and bearing interest at the rate of seven per cent, every year, payable semi-annually on the first day of May and the first day of November , and such bonds or debentures may be issued from time to time, for such period and for such amount as may be deemed in the equate hieinu- •ity for decu- oration •vincial city of 16, one before , lot of imits of the said or real same for ice shall of such to fulfil enacted ial loan housand e known id corpo- dgnalure poration, said sum payable ssue, and it, every y of May bonds or time, for deemed i AMENDMENTS TO CHARTER. expedient, and shall, as regards the principal as well as the interest, be secured by special mortgage and privilege, and without the formality of registration at the registry office by and upon the lot or land acquired as aforesaid, for a city hall, and also by and upon the buildings and works to be erected thereon ; provided, however, the proceeds of the said bonds or debentures shall be applied and expended only for the purposes of the erection of a city hall on the lot of ground aforesaid, and not otherwise or else- where. 17- The amount which the corporation of the said city are authorized to borrow, in and by the preceding section, mav be borrowed either in this Pro- vince, or elsewhere, in sterling money, or in the cur- rent money of this province, or in the current money of the place where made payable ; and all the pro- visions contained in the fourth, lifth and sixth sec- tions of the present act, regulating the issue of bonds and debentures, their registration and transfer, and the establishment of a sinking fund, under the res- ponsibility of the treasurer of the said city, and his rights and obligations in that respect, shall apply also to the issuing, enregistering, transferring and payment of the bonds or debentures, the issue of which is authorized by the preceding section, and to the establishing of a sinking fund, at the rate of two per cent annually, on the said sum of two hundred and fifty thousand dollars, for the purpose of paying off the said loan. MISCELLANEOUS PROVISIONS. l^. In case any returning officer appointed by the council of the said city to preside at the nomina- tion cf candidates, at municipal elections, shall, from 20 Where the loan may be ollccted. Sees. -4. 5, 6, shall applj to said bonds. Absence of rpturning oflicers at clf'tions pro- vided for. Ill li Ml ^ liiillill "II! •ilr ■■■'« .:J«ki?i :5i 30 Extension of 27-28 V. c. 60, s. 27 us to street pavin;,'. How noar to dwellings water pipos need be laid, By-Ill w lo prohibit koeji- ing of pigs. AMENDMENDS TO CHARTER. illness or unavoidable absence or other cause, be unable to perform the duties devolving- upon him, power is given to the clerk of the said city to appoint, from among the members of the said coun-, oil, a substitute to preside at such elections in the place of such returning officer. 19. The powers conferred upon the council of the said city by the twenty-seventh section of the act twenty-seventh and twenty-eight Victoria, chap- ter sixty, in rel'erence to dressed stone paving, flag- stone or brick foot-paths or sidewalks, or grading, and the defraying of the cost thereof in whole or in part by means of an assessment, are extended to such other modes of paving as the said city council may adopt by resolution, such as wooden block, or Nicholson paving, asphalt, lava, or any other paving composition whatsoever. 20. In all cases where a building is now, or shall hereafter be constructed within and at a distance from the line of the street, the corporation of the said city shall be held to lay the water distribution pipes to the line of the street only, and the said corporation shall have the right to exact the water rate from the proprietor of such building, although the latter shall fail or neglect to connect the said distribution pipe with his building. / 21 The council of the said city shall have power and authority to prohibit the rearing, keeping or feedin^*^ of pigs within the limits of the said city, or in such sections as the said council shall determine and to pass a by-law for that purpose, and may im- pose by such by-law a fine not exceeding twenty dollars, or an imprisonment not exceeding two months unless such fine be sooner paid, or may im- er cause, be • r upon him, said city to 3 said coun-, jtions in the e council of action of the Lctoria, chap- paving, flag- i, or grading, I whole or in extended to city council den block, or other paving now, or shall distance from [' the said city ition pipes to 1 corporation rate from the le latter shall ribution pipe 1 have power , keeping or said city, or all determine and may im- sding twenty tceeding two d, or may im- AMENDMEMTS TO CHARTER. 31 pose such fine with the addition of the said impri- sonment for the said offence, as may be deemed ex- pedient. •12. Ail sections of any law contrary to the provi- *^^-[j<"'''' ^^- sions of the present act, shall be and they are hereby repealed, but in so far only as they are inconsistent with the said provisions. SCHEDULE No. 1. CITY OF MONTHEAL CONSOLlDATlil) FUND. Classes A or B. permanent stock. City Hall, Montreal. 18 Certificate No. This is to certify that Foim ofcerti- of at the date hereof, is the "f^^^ ''I' ' ^ shares in registered owner, in the books of the corporation of classes A and the city of Montreal, of ' shares, of one hundred dollars each, in all amount- ing to of the consolidated fund of the city of Montreal (as detailed in the margin hereof,) established under the autho- rity of the act of the Legislature of Quebec, in the Dominion of Canada, passed on the day of 18 , ( Vic, chap. ,) intituled : " An act to amend the acts relating to the Ijil I; iir: i J I iiijll ill •iiilll!: 82 (/] C/> (A « C ■!< i. U U «S as 53 j: ^ — - rj J< o O — ' "^ S-- O p (D ta u <1> ^ :S — ■52 •■3 = c ID C/l O) iper cent per annum, on the Jirst days of May and , November in each year. And the principal sum accruing at the maturity of the respective issues of "the said terminable debentures will be redeemed in full, and paid to such parties as may stand enregis- tered proprietors in the books of the said corpora- tion, twenty-five years after the dates of the res- pective issues, authorized by virtue of the act here- inbefore stated. Sealed with the seal of the corporation of the said |city of Montreal — signed by the mayor — counter- sii ■m m Form of transfer. The said shares are transferable on the books of the corporation of the said city only by the said or attorney duly constituted. City Treasurer, SCHEDULE No. 4. CITY OF MONTREAL CONSOLIDATED FUND For value received from of do hereby assign and transfer unto the said shares of one hundred dollars each, amounting to the sum of dollars, in the con- solidated fund of the city of Montreal, viz : |i1!i mM,.,u 18 . oks of the credit of lars each, dollars Montreal, AMENDMENTS TO CHARTER. of Montreal water works stock (class A) { shares, of Montreal public property stock (class B) shares, and Montreal < terminable debentures (Class C) J shares. ^} Witness my hand this day ' ^^ in the year one thousand eight hundred and Signed in presence of i ' '* Witnesses. >■ Sigiiature of party trans- J ferring'. 85 ) books of e said y Treasurer, UNO aid shares of W the sum oi in the con- ^' w .16 amkndmenth to charter. liiii; ,1 ,.^ I 'roam bio. AiTOst Ac of persons illo- .gally voting. iiiui i I'ii t . (;J2 VICTORIA, CAP. 70.) An Act to jiinond the Aijts rohitiiig to the Cor- poration of the city of Montreal, and for other purposes. [Assented to 5//* April, 1869.] WHEREAS the corporation of the city of Mon- treal have, by their petition, represented that it has become necessary, in the interest ol' the citizens of the said city, to make several alterations to its Acts of incorporation, and to introduce certain re- forms and modifications in the municipal adminis- tration of the said city ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : KLECTIONS. 1. Any person who, at any election of a mayor, or councillor, or councillors ior the said city, or for any ward thereof, shall unlawfully attempt to vote, with the certiliciit'^ of another elector, may, and shall be liable to bo arrested on view by any justice of the peace for sU i said city of Montrt.al, or by any peace officer or constable, present at any such election, or by warrant of any justice of the peace, and so arrested to be committed to safe custody, or confined in the common gaol of the district of Montreal, till the close or termination of the said election, and till good and sufficient security may be taken from the par- ties so arrested, that they shall duly appear and PiiilliiiMI AMENDMEMTH TO CHARTER. 87 the Cor- ur other , 18G9.] r oi' Mou- nt ed that e citizens 3118 to its ortain re- adininis- ajesty, by egislature mayor, or or for any vote, with shall be tice of the any peace ■lection, or so arrested lied in the al, till the id till good m the par- tppear and ■4 answer to any change that may be made ai^ainst them, as aforesaid ; and each and every such person, on conviction of the said olfenco, shall forfeit and pay a fine or sum of money not exceeding one hun- Pcnuliy, ou-. dred dollars, current money of this province, and in default of immediate payment shall be liable to an imprisonment not exceeding three months in the common jjaol or the house of correction of the said district, for each and every such offence unless such iine shall be sooner paid. TAVERN LICENSES. Si- The certilieate required by the eleventh sec- Ciriiticate tion of chapter six of the consolidated statutes for si^Miod by Lower Canada, for obtaining a license, may ho ""'^ '"' '"''' •' sons. signed by twenty-live domiciled municipal electors of the ward of the said city for which such license is asked instead of fifty as heretofore. SI. The board of chairmen of committees esta- Hoard or blished by the tenth section of the act passed in the !r|.',i,it driin thirty-first year of Her Majesty's reign, chapter '^'-^^^^ thirty-seven, may, at the expiration of the delay ;u V. c •fixed by the twelfth section of the last cited act, grant certificates which the parties interested may fyle, as prescribed by the eleventh section of the said act, at all times, from and after the fifteenth of March of each year, as specified in the said eleventh section ; and the said board shall exercise their func- tions during the whole year, and, to that effect, shall sit once every month, to consider such certifi- cates, and to confirm or reject the same at their dis- cretion ; and when any such certificate shall have been confirmed, the revenue inspector shall issue to the bearer thereof a license. 37. f. 38 ill And niayrf- Yoke tliu sunn.' ; Ami iiKiy lul- Judiciili' upon li'ansl'r licnnsr' : or And may mil line's. Majority ol' board ^l'Cl'^'- sarv. AMENDMENTS TO CHARTER. 4. Power and authority are also conferred upon the 8iiid board of chairmen of committees, on com- phiint of the police or any five proprietors of the ward in which a license maybe in force, to rcA'oke and annul the certificate upon which such license shall have been o-ranted ; and the revenue inspector, when notified to that effect by the city clerk, shall annul the said license. *5- The said board of chairmen shall have power to adjudicate upon the conveyance or transfer of a license from one person to another, or from one jjlace to anotiier, within the limits of the said city, and the revenue inspectors shall give effect to such de- cision ; and the said board shall also, solely and exclusively, exercise the right of rinuitting- such part of any fine imposed by the recorder's court for infraction of the law on licenses as may belong to the said city. 6. No resolution adopted, by the said board of chairmen in pursuance of the next preceding third, fourth and fifth sections, shall be valid unless the same shall have been sanctioned by the vote of the majority of the members cons: tituting the said board. STOCK, DEUENTUKES, &C. 7. To facilitate transactions in the stock, shares and debentures of the city of Montreal consolida- ted fund or in any of the loans which the council of the said city are, by law, authorized to make, it is eriacted that the said stock, shares or debentures may be validly transferred and made over by means of endorsement in conformity with schedule A, annexed to the present act; provided that any sum of money paid to the bearer of any such certi- AMENDMENTS TO CHARTER. 39 ed upon on com- s of the ) reA'oke 1 license iispector, ji-k, shall ^e power isfer of a one i)lace nty, and such de- )loly and such part court for belong to board of ng- third, mless the Ae of the lid board. k, shares C'onsolida- councii make, it eljentures over by schedule that any uch certi- ficate for interest accruing- on the stock represented by such certificate shall be endorsed on the said certificate. H. The second section of the said act thirty-first Sec^-2of3l V Victoria chapter thirty-seven, is hereby amended, ,{^.^ and the interest to be paid by the said city of Mont- real on the shares, stock and debentures to be is- sued hereafter, shall not exceed, but may be less than seven per cent, and the principal and interest of the said shares, stock and debentures may be ma- de payable either in this province or elsewhere, and in the current money of Canada, or, in that of the place, where the said principal and interest shall be payable. EXPROPRIATIONS. 1>, The right of opposition, conferred in and by See. II of -29, section eleven of the act passed in the twenty ninth 'l^j i*^ '\j ^f and thirtieth Victoria, chapter fifty-six and by sec- ^' ^- 37 not tion nine, of the thirty -first Victoria, chapter thirty- certain* pro- seven, upon the majority of proprietors interested in aJ^'r^ifomoio' an improvement, resolved upon by the city council ;-'aiion of city of the said city, shall not apply to expropriations for improvements as laid down on the general plan of the city of Montreal, when such improvements only affect new or projected Streets, as fixed and deter- mined upon such general plan of the city of Montreal, and not already in actual possession of the said city, when and so soon as the said plan shall be homologated and confirmed by the court according to the provisions of twenty-seventh and twenty-eighth Victoria chapter sixty ; and the owners of real estate through whose properly such new or projected streets are laid down shall have plan. 1 ' fl ifiili' lili it ill ill:'"' Irr will •11 1 xpio- print ion i.'ii- vus ('*S Uiaii :\() li ct. owu- or may I'oin- pel roi •pora- lion lo pur- 40 AMENDMENTS TO CHARTER no claim whatsoever against the said corporation for rights of servitude, accruing from the fact of such projected streets being run through their property ; Proviso. Provided^ that nothing herein contained shall be construed so as to affect the right of oppositions hich now exists as to the enlargement or widening of old streets, which right of opposition shall re- main in full force with regard to the widening or enluriz'emont of such old streets, lO. When there shall remain, after expro]n'iation of part of any real-estate, a depth not exceeding thirty leet, the proprietor, usulVuetnary or adminis- trator thereof may compel the corporation of the ,;ii;isi'. said city to acquire the same, for such price per foot as the commissioners of expropriation, may de- termine, in reference to such residue, by the said proprietor, usufructuary, or administrator giving to the said city clerk, on or before the day fixed for the commissioners to proceed to the valuation, notice of such his intention to sell and give up such residue as aforesaid. Protlionoiary II. The j)rothonotary of the Superior Court shall ity treasurer henceforth pay and remit to the city treasurer of the said city, all interest and revenue arising from the different sums of money deposited by the said city in the hands of the said prothonotary as indem- nity in virtue of the twenty-seventh and twenty- eight Victoria, chapter sixty, provided always that the poundage commission and percentage on the said sums of money shall he retained by the said prothonotary as is now provided for by law ; aTid all sums so deposited shall immediately after their re- ceipt be placed by the prothonotary in a separate city interest on indeinnitii' (ieposiled. -n. '28 v. c. 00. Pro\ iso. ;,/ I'.i, 11' iSl illiiijiili AMENDMENTS TO CHARTER. 41 oi)iiation xcceding' admini'S- jn oi" tin? price per , may de- • the said iriviim' to ed for the , notice of h residue oui^ shall lasurer oi' Lsing' i'rom ly the said as iiidem- tweiity- Lvays thai Ire oil the the said |,v ; and all their re- separate account at interest in one of the chartered banks doing- business in the city of Montreal. 12 No person shall be capable of fulfilling the du- Qnaiiiication ■^ „ • -• 1 u oliomiiiis- ties of comnnssioner ol expropriation, unless sucn sio,„;rs of ex- person be assessed and rated in the general assess- i'>-"i.riution. ment roll of the said city, as proprietor of one or [more real estate, of the aggregate value of at least [ten thousand dollars currency. III. When a special roll of assessments, or any nollsofas- [other assessment whatsoever made by the assessors ^^.^y jj^, ^u. [of the said city, or the commissioners of expropria- i\ii"*-'l and 1 -^ ' ^ n otlids order- |tion, or any municipal officer whatsoever, to defray e nn- , . - ^ I'loviso ; mo- pomted as iollows: one shall be named by the cor- (looraiiiioiiii- ^oraticni, one by the parties mentioned in the roll "'""^ °' '*''"" Proviso. of inissionfTS. assessment set aside and the third bv a judu'e of t) m 42 IIMI. AMENDMENTS TO CHARTER. the Superior Court, and in case of the faihire on the part either of the parties interested or of the said corporation to select an arbitrator within ten days after prpper notice shall have been given to make such selection, the said arbitrator shall be appoint- ed by a judge of the Superior Court. recorder's court. ill i It Name in which certain prosecutions may be insti- tuted. S(!C. 3 of '29 V. 0. 58. One third of penalties to go to tre.'is. of tiio prov. Imprison- ment in di'- fault of fine. lull! It. And whereas doubts have been entertained as to the mode of proceeding before the recorder's court of the city of Montreal in prosecutions insti- tuted against parties for selling spirituous, vinous or fermented liquors, without license, and as to the precise meaning of the third section of twenty-ninth Victoria, chapter fiity-eight, enacted to simplify the procedure in relation to the said prosecutions ; be it enacted that prosecutions for the said offence may be instituted by and in the name of the mayor, aldermen and cicizens of Montreal ; and one third of all penalties in all such pro.secutions shall be paid to the treasurer of the Province of Quebec. I»>. In default of immediate payment of the line imposed for the said offence and payable to the pro- secutors, and costs thereby incurred, the defendant may be imprisoned under a warrant of commitment of the said recorder for a period of not less than two months and not exceeding six months in the common gaol of the district of Montreal, as may be deemed expedient; but the defendant may at any time obtain his liberation from such ini])risonment by making full payment to the said prosecutors of the said line and costs whether incurred Ijefore or after conviction. AMENDMENTS TO CHARTER. 43 3 on the lie said »n days o make ippoint- ertained ?cordeT's lis insti- s, vinous as to the ity-ninth iplify the )ns ; be it nee may e mayor, e third of be paid the line o the pro- ilel'endant nmitment less than IS in the ,s may be ay at any risonment ecutors of Ijelbre or Hi. No keeper of a tavern, dramshop, saloon or Taverns, Ac, other house or place of public entertainment in the hoiwoen cer- said city, whether licensed or unlicensed, shall keep tumlionrs. open such tavern, dramshop, saloon or other house or place of publicentertainement, or shall permit tip- pling or drinking- of intoxicating liquor therein, after the hour of ten o'clock at night and ,])efore the our of live o'clock in the morning, between the twenty-first day of March and the first day of October, and after the hour of nine o'clock at night, and before six o'clock in the morning, from the first dav of October and the twenty-first day of March ; and upon conviction of such olfence, such keeper of tavern, dramshop, saloon, or other place of public entertainment as aforesaid, shall be liable to a penalty of not less than ten nor more than twenty dollars, and the costs of the prosecution, and, in default of immediate pay- ment of the said line and costs, to an imprisonment of not less than one nor more than tw^o months, unless the said line and costs shall be sooner paid. i7. In addition to the power already accorded to Additional the council of the city of Montreal, in and by its act lom;hl-law; of incorporation and the several acts of amendment ''>/'"•' orim- thereof, to enibrce the observance ol' the by-laws of oJ 'S'"' " the said council made undt'r and by virtue of the acts for the purposes in the said acts expressed, it shall be lawful for th<» said council to impose, in and by such by-laws, a line not exceeding twenty dollars and costs of prosecution, to be forthwith leviable on the goods and chattels oi" th(^ defen- dant ; or to enact that in default of immediate ]>ayment of the said fine and costs, the defen- dant may be imprisoned in the common gaol, for a period not exceeding two months, the said impri- Punislimnnt of persons froinufiiiiii disonlorly hous(;s. 44 AMENDMENTS TO CHAKTER. soiiment to cease upon payment of the said line and costs ; or to impose the said fine and costs in addition to the said imprisonment. tH. All persons being- found in houses of ill-fame or disorderly houses, and not giving- a satisfactory account of themselves, shall ])e deemed loose, idle and disorderly persons, and upon conviction of the said olfence, shall be condemned to pay a line not exceeding twenty dollars and costs of prosecution, and in default of immediate payment of the line and costs, shall be imprisoned in the common gaol, with or without hard labor, for any period not ex- ceeding two months, unless the said fine and costs shall be sooner paid. i'r e^'ing 1!>. The fiA'e preceding sections, and sections sees'. 14 I.'; if) lourceen and fifteen of the thirty-first Victoria, chap- of3l v., c. .37 ^gj. thirty-seven, shall not be deemed to apply to any not to apply i i i j j to criminal matter of criminal procedure before the said recor- matters. j , , der s court. Authority to eilocl Iho " Mount Royal I'ark Loan." LOANS. ^O. It shall be lawful for the corporation of the said city, to borrow a sum not exceeding three hun- dred and fifty thousand dollars currency to be design- ated as the "Mouf/t Roijal Park Loan,, for the purpose of acquiring and establishing a public park on and in the vicinity of the mountain of Montreal, of the ex- tent shewn and of the form delineated in green in a certain lithographed copy drawn and made by one John Johnston, in november 18G7, of a certain plan of said park, drawn by Mr. McQuisten, city survey- or, said lithographic copy being fyled in the oflice of the clerk of the legislative council to remain of re- cord for all the purposes of this act, copies of which AMENDMENTS TO CHARTER. 45 f ill-lame isiactory 30SO, idle in of the I line not sedition, the line non i!,aol, d not ex- and costs . sections >ria, chap- ■)ly to any lid recor- ion of the hree hun- 3e design- le purpose on and in of the ex- o-rcen in a e by one vtain plan ty survey- He office of ain of re- of which in full or on a reduced scale certiiied ])y the said clerk shall be deemed authentic for idl lt'i>al purpo- ;es ; and the said corporation are authorized to issue, iunder the signature of the mayor and the seal of the [said corporation, bonds or de1)entures to the amount [of the said sum of three hundred and lifty thousand dollars, payable twenty-live years after the dati; of their issue, and bearing interest at a rate not exceed- ig seAcn per cent per annum, ]xiyal)le on the lirst ^day ol" May and on the lirst day of Novembt^r in [! eacjh year, and the said l)onds or debentures may be ^a; issued from time to time lor such amount as may be deemed expedient, and shall, as regards the prhici- pal as well as the interest, be secured })y special mortgage, by and upon the real estate acquired for the said park; and also by and upon the works to be constructed thereon ; and all the extent of land descri})ed on the said plan and delineated as afore- said and required for the purposes of the s-^.^d park, shall form part of the city of Montreal, and be deem- ed to be within the limits of the said city lor all municipal purposes, and all the powers by law vest- ed in the corporation of the said city relating to ex- propriation shall apply to the said extent of 1 ,nd. iiD. The council of the said city are hereby autho- rized to levy, b\ means of a special assessment, to be made (>very year, until the paying oil' of the debt ,;•; created for such loan, on all real estate situated ?# within the bmits of the said city, a sum sufficient to cover the interest on the said laan and the sinkin<>' fund created to pay off the same. The said council sliall also have the power to sell a portion of the ground acquired for the said park as villas arouiul the said park ; Irat the establishment, mana^'ement Anil to issue SlJJO.OnO of (Icljcnluros I'ui' Uial piir- |)OSC. Dohf'nliires lo bn ii inort- )-'iige on tho park. Poworlolevj nioiioy lo pay oir tlio loan. Managomoat 'IT! '' ':i . ■ i llillll' ! Ill :ii:^ i> ' ' !'\ ' i :li I 46 or the park, and (iisposol ol' |iarl lliorc- of. A])iioinlmciit ol" valiiiilinj,' cnniniissiiiii- nr>. Park to \sup (lelji'iituri's therefor. AMENDMENTS TO CHARTER. and supor\ ision of the said park shall devolve upon and be left exclusively to three competent persons to be chosen and appointed by the said council, as co'nmissioners for that purpose ; provided that the quantity of land so sold for villas arcund said park, shall not exceed iir the whole one hundred and fifty acres, at*. The commissioners for the valuation of the property required for the said park shall be named as follows ; — one by the corporation, one by the par- ties whose property is to be expropriated and a third by a judge of the ^Superior Court, and in case of the failure either of the owner of the property to be expropriated or of the said corjioration to select an arbitrator within ten days after proper notice shall have been given to make such selection, the said arbitrator shall be appointed by a judge of the Superior Court. UJ4. The said park shall be considered a general improvement interesting equally all j^arts of the ci- ty. 21. It shall be lawful for the corporation of the said city, to borrow a sum not exceeding five hun- dred thousand dollars currency, for the purpose of obtaining a larger and permanent supply of water for the said city, procuring additional storage for wa- ter, and extending the water pipe distribution in thf said city ; and the said corporation are authorized to issue, under the signature of the mayor and the seal of the said corporation, bonds or debentures to the amount of the said sum of five hundred thousand dollars, payable twenty-five years after the date of their issue, and bearing interest at a rate not exceed- ing seven per cent per annum, payable on the first mm AMENDMENTS TO CHARTER. 47 olve upon it persons i council, ided that rcund said ' hiindred ion oi" the bo named by the par- ated and a ind in case property to on to select jper notice ection, the udge of the d a general ts of the ci- ition of the o- five hun- purpose of ly of water )rage for \va- mtion in thf uthorized to and the seal tures to the 3d thousand the date of B not exceed- '. on the first day of May and the first day of November in each ye;^r; and the said bonds or d«!benturesmay be issu- ed, from time to time, for such amount as may be deemed expedient, and shall, as regards the princi- D'beniuresto pal and the interest, be secured by special mortgage ^'.^^ll o'n'tho by and upon the real estate, works, constructions, \v"i"l;s. engines, machinery and mechanism of the water works of the said city. !5»5. The amounts which the corporation of the s.iid loan «aid city are authorized to borrow, in virtue of the "'i Yn I'lir pro- Iwentv-sixth and twentv-eiyhth sections of the pre- vinco or else- j J r> X wore. sent act, may be so borrowed either in this province or (dsewhere. in sterling money or in the current money of this province, or in the current money of the place where made payable ; and the principal and the interest may be made payable either in this province or elsewhere, and either in the current inoney of Canada or in that of the place where the said principal and interest shall be made payable : ^"'^s- •*• •"' * •» oC 3 1 V i; 'M and all the provisions contained in the fourth, fifth to apply. and sixth sections of the act thirty-first Victoria chapter thirty-seven, in so far only as they relate to ^ the issue of bonds or debentures, the irregistration and tiransfev, the establishment of a sinking fund under the responsibility of the treasurer of the said city, and his rights and obligations in that respect shall apply also to the issuing, eiircgistering, transferring and paying of the bonds or debentures, the i.ssue of which is authorized by the said twenty-sixth and tw^enty-eighth sections of the present act, and to the Proviso, establishing of a sinking fund to pay off the said amount; provided however that, to make up the flanking fund on the aforesaid two loans, the treasur- er of the said city shall be held and required to set ■ill •! I 1 I •! IMIi 48 \.\ t. AMENDMENTS TO CIIAllTEIl. aside and reserve, every year, two per cent, only on such part or portion of each ol' the said loans, as shall have been issued and ne«iotiated, and not on the total amount of the loan, as required by the last cited act, except when such amount may have been issued in full. MISCELLANEOUS PROVISIOiNS. .ii Sec. 10 or -23 v., c. 72, ox- tcridfid to cer- tain purposi'S. Junk sloros. Planting of trees. ' i' JSO. Among the subjects in connectionjwith the by- laws which the corporation of the said city are au- thorized by the tenth section of the act of the twen- ty-third year of Her Majesty's reign, chapter seven- ty-two, to pass, shall henceforth be included junk stores, wherein bits of brass, lead or iron, pipes, cocks, cord, old furniture, or other like articles, the plantation of trees in the streiits or public squares, the sale of milk within the city limits ; and the coun- cil of the said city shall have full power and authori- ty to license and regulate all such stores as aforesaid, to compel a)iy proprietor within the city limits to plant trees in front of his property, under the direc- ♦ tion of the city surveyor, and upon such proprietor failing to comply with such order, to cause such plantation to be made, and to exact the cost thereof Sale or niili<. from such proprietor ; to license and regulate the sale and quality of milk, to authorize its being seiz- ed and confiscated ibr violation of the by-laws, to provide for the inspection of milk itiul the manner in which the same may be disposed ol'afterconlisca- tion, to atithorize to that ellect competent oifictjrs or persons to entm' into any place wIkm'c milk is sold, and d, and toadopt sticli oilier stepsas may be deemed expedientin theinterest I'liiiti :i (Ij^n AMENDMENTS TO CIIAIITER. 4l> out, only L loans, as lul not on y tho last lave bee)i 1 ■# • "•^ ith the by- y are au- tho twen- •■'-■ ter seven- * ided junk on, pipes, tides, the 3 squares, tho coun- d authori- 1 aforesaid. limits to ", ."* tho direc- x'l proprietor ause such )st thereof ml ate the enig- seiz- }'-la\vs. to ? manner ■t^ r c'onlisca- ollicer.s or k is sold, arried, lor dopt such Kie interest ■ ■vjBBB and lor the safely of the? public, or to carry out the object in view, — the whole under su(di conditions and restrictions as the said council may deem advisa- ble to impose in the pu])lic interest ; and the said council may imi)ose th(> pemdties specilied in the thirteenth sec ion of the said act, twenty-third Vic- toria, chapter seventy-two for infractions of any of the said by-laws. ii7. The second subsei^tion of the tenth section go of soc. 10. of the last cited act, is herebv amended so as to con- °' '** Y' ^- ^^• iimonoed as fcr upon the council of the said city the right to rc^'anls 1 i 1 1 I iu i- 1 i. sti'um boilers. ref the real :;orporated his act, or atholic or shall not or jointly n Catholic to persons desire of anel, or to shall not 10 of their he first or le real es- o. Properties possessed for purposes of revenue by religious, churita])le or educational institutions or corporations shall bo inscribed upon list number one '^ or list number two accordinj^ to the religious de- nomination to which such institutions or covpora- ^i tions shall l)elong" or in accordance with the declara- ,f| tions made by each of them to that effect, and if the * religious denomination is not apparent and if no «uch declaration has been made they shall be placed upon list number three. I*0. The said statement so soon as completed shall be placed in the office of the city treasurer, and notice thereof shall forthwith be given in at least two newspapers published in the fiench laiiguag-e, and two published in the englifsh language in the eaid cities, and during thirty days after the publica- tion of the first of the said notices, the said panels fihall bo opened for inspection. lil. During the thirty days it shall be lawful for either board of school commissioners or for any per- son or corporation whoso name shall have been enter- ed wronuly or omitted on any of the said panels, or "Who hshall liiid that the name of any other person or corporation has been entered wrongly or omitted in any of the said panels, to file any complaint they may have to make with the city treasurer, who shall according-ly alter and revise the said panels if ne- cessary, and withiii three days it shall ])o lawful to appeal from his decision to the Recorder. iia. After the expirincr of the said delays, the said panels shall bo acted upon for the purposes of this it for the then current year, but may be further )rrected as hereinafter provided. And all accounts I mm' |ijill|T,!.• |i lip" n 66 AMENDMENTS TO CHARTER. for the said tax sent and delivered to the rate pay- ers and the receipts given to the same shall bear conspicuously on their face the words "panel num- ber one, Roman Catholic school tax," "panel num- ber two, Protestant school tax," or "panel number three, neutral school tax" as the case may be accord- ing to the panel on which the property shall have been inscribed. It shall be lawful for each board of school commissioners or for any person or corpor- ation after the expiration of the said thirty days, but at least thirty days before the second payment to be made by the corporation after the making of the said punels, to bring any complaints they may have in relation to the said panels before the treasurer af- ter giving three days notice thereof to the board of school commissioners, whose share of the sum may be diminished by reason of such complaints, with a right of appeal within three days to the Itecorder, | and according to the decision of the treasurer or the recorder, the panel or panels shall be amended, and on the forthcoming payments the error shall be rec- tified for both payments. After the second payment it shall be lawful for the corporation, if they see fit to declare by resolu-i tion that the statement and panels as amended shall be in force for three years from the date of the said panels, and in such case no other statement and panels shall be made until such statement and pan- els are in force. !IJ$. Th(» sum to be paid by the corporation lly for the support of the schools annu apportions d as lollows 1. A sum proportionate to the value of tra nu (' Oi lo del ]i()t bojl tioi torsi PI hi ! imil itl'irii AMENDMENTS TO CHARTER. perty inscribed on panel number three shall be di- vided l)etw(H'n the Koman Catholic and Protestant Boards in the relative ratio of the Ivoman Catholic and I'rotestant populations in the said cities accord- ing- to the then last census. 2. The remainder of the said amount shall be di- vided between the Koman Catholic and Protestant I Boards in the relative ratio of the value of the pro- perty inscribed on panel number one and on panel number two respectively. JI'l. The school commissioners of the said cities, duT- inff the next twenty years, shall have the power of layin;100,OUO. and in such case the por- tion of their reveiiue set aside annually as aibresaid or so nnu-h thereof as they may determine shall be ajiplied to the Ibrminu' of a sinking fund for the re- -demption of such debentures. 8 67 i '! i ' . , i , i;- ,1.. t .. r ill I h !:3„ III I'];': Iflllj'/::: 58 AMENDMENTS TO CHARTER. Extracts from the Act to amend the law respect- ing Jurors and Juries. , [Assented to 5 April 1869. QUALIFICATION OF GRAND AND PETIT JURORS. S. The following persons, (subject to the exemp- tions and disqualilications hereinal'ter provided for), are qualified to act, and shall, when duly chosen and summoned, be bound to serve as grand ju- rors, namely : 2. Every male person resident in a town or city containing at least twenty thousand inhabitants, or in the banlieue thereof, who is assessed upon the va- luation roll of such town or city, as proprietor of immovablo property of an assessed total value abo- ve two thousand dollars, or as occupant or lessee of immovable property of an assessed annual value above three hundred dollars ; or who is a justice of the peace and has duly qualified as such : 3. Every male person resident within the limits of any other municipality, any part whereof is situa- te within ten leagues of the place of holding the court, in the district in which he resides, who is as- sessed upon the valuation roll of such municipality as proprietor of immovable property of an assessed total value above one thousand five hundred dol- lars, or as occupant or lessee of immovable proper- ty of an assessed annual value above one hun- dred and fifty dollars. SI. The folltAving persons, (subject to the exemp- tions and disqualifications hereinafter provided for,) 't^»!)f! AMENDMENTS TO CHARTER. 59 respect- 1869. rURORS. ' oxemp- ided for), f chosen rrrand ju- rn or city )itants, or )n the va- prietor of aliie abo- r lessee of iial vahie justice of the limits of is situa- )lding- the who is as- unicipality 11 assessed idrod dol- ble proper- one huu- the exemp- ovided for,) are qnalilied to act, and shall, "When duly chosen and summoned, be bound to serve as petit jurors : 2. Every male person resident in a town or city containinj^ at least twenty thousand inhabitants, or in the banUeue thereof, who is assessed upon the va- luation-roll of such town or city, as proprietor of immovable property of an assessed total value of at least eight hundred dollars, but not more than two thousand dollars, or as occupant or lessee of immo- vable property of an assessed annual value of at least one hundred dollars, but not more than three hundred dollars, except justices of the peace duly qualified as such : 3. Every male person resident within the limits of any other municipality, whereof any part is si- tuate within ten leagues of the phice of holding the court in the district in which he resides, who is as- sessed upon the valuation roll of such municipality, as proprietor ol" immovable property of an assessed total value of at least six hundred dollars, but not more than one thousand five hundred dollars, or as occupant or lessee of immovable property of an as- sessed annual value of at least eighty dollars, but not more than one hundred and fifty dollars. DISQUALIFICATIONS. 4. The following persons are disqualified from serving as grand or petit jurors respectively : 1. Persons who are not qualified as such under the foregoing provisions of this act; 2. Persons below the age of 21 years ; 3. Persons aiilicted with blindness, deafness, or 60 \l 1 \ 1 M> ■ ' ':'"•! \P'' m ' 1 ; 1 in lit ri t .1 * AMENDMENTS TO CHARTER. any other physical infirmity incompatible with the dischari^c! of the duties oi' a juror ; 4. Persons who are arrested or under bail upon a charg-e of treason or felony, or who have been con- victed thereof ; 5. Aliens, except in cases where, according" to law, one half of the jury must be composed of aliens. EXEMPTIONS. 5 The following'' persons are exempt from ser- ving as jurors : 1. Members of the clergy ; 2. Members of the privy council, or of the senate or of the house of commons of Canada, or persons in the employ of the government of Canada ; 3. Members of the executive council, legislative council or legislative assembly of Que})ec, or persons in the employ of the government of Quebec or of the Legislature thereof; 4. Practising advocates and attorneys ; 5. Prothonotaries, clerks of the crown, clerks of the peace, and clerks of the circuit court ; the clerk, treasurer and other municipal officers of the cities of Quebec and Montreal ; 6. Sheriffs and coroners ; 7. Officers of Her Majesty's courts; 8. Graolers and keepers of houses of correction ; 0. Officers of the army and navy on full pay ; 10. Pilots duly licensed ; 11. School-masters not exercising any other pro- fession ; ith the upon a leii con- ding" to osed of i-om ser- le senate • persons la; egislative >r persons ec or of clerk, of I the ckn-k, the cities rection ; pay; )ther pro- AMENDMENTS TO CHARTER. 12. All persons employed in the running of rail- way trains ; 1:5. rhysicians, surgeons and apothecaries, prac- tising their professions ; 14. Cashiers, tellers, clerks, and accountants of iiv corporated banks : 15. Masters and crews of steamboats, during Jthe season of navigation ; 16. All persons employed in the working of grist i mills ; 17. Officers, non-commissioned officers and pri- rates of the active militia ; 18. Firemen ; 19. Registrars ; 20. Persons above sixty years of age ; 21. The persons mentioned in section twenty- ^hree of the act fourth and fifth Victoria, chapter linety. .TURY LISTS. O. Within three months after this act comes into )rce, the clerk or secretary-treasurer of every local lunicipality, being wholly or in part within thirty liles of the place of holding the court in the dis- trict in which such municipality is situate, shall ^ause to be delivered, without charge, to the sheriff kf such district, an extract from the assessment or [aluation roll then in force in such municipality, pving the names of all persons named on such roll, ^ho reside within the municipality and are qualified act respectively as grand jurors and petit jurors. 61 62 AMENDMENTS TO CHARTER. ■: I' i|. I V : .1 il II if! «|i|-< T, Within two months urtov tho comph'lion of every new valuation or asscsHincnt roll in such municipality, the clerk or secretary-treasurer shall in like manner cause to be delivered, without charge, to the said sheriff, a similar extract from such roll, giving the names of all persons named thereon, who reside within the municipality and are qualified to act respectively as grand jurors and petit jurors. N. Before delivering to the sheriff the extract mentioned in the two preceding sections, the clerk or secretary-treasurer, after having* given at least eight days' public notice thereof, shall submit the said extract to the council of the municipality, at a special meeting, convened for such purpose. The council shall, at such meeting, examine the said ex- tract, make such corrections therein as it deems necessary, and approve the same, and in testimony of such approval, the head of the council, or the councilor presiding at such meeting, and also the clerk or secretary-treasurer shall sign the said ex- tract. 9. In the interval between the completion of each such valuation roll and the completion of the next, the said clerk or secretary-treasurer shall also, every twelve months, deliver to the sheriff, free of charge, a supplement, containing the names of all persons who, to his knowledge, since the delivery of the previous extract or supplement have died, or no longer reside within the limits of the municipali- ty, or have become disqualified or exempt from serv- ing as jurors, or have been discovered to have been erroneously included in or omitted from the previous extract or supplement, and such clerk or secretary- m AMENDMENTS TO CHARTER. 68 treasurer shall in each case give, with the said ex- tract or supplement, all necessary details and infor- mation for identifying each person named therein. 10. The said clerk or secretary-treasurer shall ascertain, by enquiries and all other necessary means, what persons within his municipality are dis- qualilied or exempt from serving as jurors, and he shall not knowingly include in any extract or sup- plement, to be furnished to the sherili' under this act, the name of any person so disqualilied or exempt under sections four and live of this act. 11. The said clerk or secretary-treasurer shall make and keep among the records of his oflice, and open gratnitously to public inspection, a duplicate of every extract or supplement furnished to the sheritl" under this act. liJ. Every such extract and every such sujiple- ment shall be accompanied with an affidavit of the clerk or secretary-treasurer, taken before ajustice of the peace, and swearinu- to his belief in the correct- ness of the said extract or sujiphMnent, and of the information furnished therewith, lit. Every such* extract and supphnnent shall state the christian name or names of the persons na- med therein, their occupation and residenei', whe- ther they are assessed as proprietors, or as occu- pants, or lessees, or otherwise, and the amount of such assessment ; and for the purposes of this sec- tion, as well as for all purposes of this act. the clerk or secretary-treasurer shall be deemed to be an offi- cer of the court. 2Ji. If any clerk or secretary-tieasurer of any municipality I'ails to cause any extract or supple- ; ^i^* , ■ ♦a '':'■ n Wm .»*i •N „- ^«'' wm j:. , fciiii''^' 64 AMENDMENTS TO CHARTER. ■ \ ' ' inont, as tho cnso may be, to be transmitted to the shi'iill', wilhiii the time aiul in tlie manner pres- cribed l)y tliis ael, thc^ slierili' shall protaire the same from the seert^ary-treajsiuov ; and he may recover from the municipality his disbursements in and about procurinu- the same, including' all travellings expenses of a messen^-er, if one be sent ; toj^ether with a sum equal to the amount so disbursed, by way of penalty for such failure, with costs, by suit in his own name, before any competent tribunal. 47. Every clerk or secretary-treasurer of any mu- nicipality who shall, within six days, neglect to transmit to the sheriff any extract or supplement re- quired of him under this act, shall incur a penalty of twenty dollary. and a further penalty of live dol- lars for every day, subsequent to the service upon him of any information or complaint for such ne- glect, during- which he shall continue to be in de- fault. ftii I'l AMENDMKNTrt TO rilARTKR. 65 (31, VICTORIA, CAP. 32.) An act to provide for tho appointment of a Fire Marshal for the cities of Montreal and Quebec and to define his powers and duties. [Assented to, 24th February, 1868.] WHEREAS the destruction of property by fire Preamble. in the cities ol Montreal and Quebec fre- quently occurs under circumstances g-iving rise to strong suspicion that such fires were not accidental, and it is expedient to provide more effectual means of enquiry into the cause and origin of every lire occurring in the said cities, and of securing the prompt arrest of persons suspected of incendiarism ; Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : I. There shall be in each of the cities of Montreal Fire mar- and Quebec, an officer to be known and designated j*,^"'^ '°j^^"°' as the fire marshal of Montreal and Que})ec as the Monuoal. case may be. 3. The lieutenant-governor in council shall ap- to hf named point from time to time a fit and proper person to '^^ liout.-go- ^ 1 1 • 1 1 vernor. fill the office of fire marshal in each of the cities of Montreal and Quebec. Jl, Whenever any fire has occurred in such cities. His duties. whereby any house or other building; or any pro- perty whatever therein, has been or is exposed to be wholly or in part consumed or injured by such fire. i m .: I'' ■4- 'if ;!»' '11 **i 0. 1!^ 60 AMENDMENTS TO CHARTER. V ! His jiowcrs. X- it .shiill bi' the duty ol" thc! live inarshall to iiistitiito iin (MKjuiry into tlio caii.se or oriuiii ol' such live, and whether it was kindled by desin-n or was the result ol" iieti'liii'euce or -iccideiit, and in so lar us the same is practical)le, either in person or by some compe- tent person employed by him lor that purpose. 4, The fire marshal shall c.r oj/icio possess all the power, authority and juvisdiction ol' any judi>«> ol' sessions, recorder or coroner Tor all purposes con- nected with the .said enquiry, and .shall have power to summon bel'ore him all per.sons whom he deems capable ol' uivinji' information or evidence touching- or concerning* such lire. a. Such persoi.s shall be examined und»M- oath belbre the lire mar.'^hal, who is hereby authorised to administer .such oath, aiul he .shall reduce their exa- minations to wvitiUji,'-. O. ir any person summoned to appear Ixd'ore the fire marshal, n.-irlects or refuses to appear at the ti- me and place specified in the summon.s, then on proof ol' the service of such summojis either per.son- nally or ])y leaving the same lor him at his last or most usual place of abode, the lire marshal may is- sue a wavrant under hid hand and seal to bring and to have such person at a time and place to be there- in mentioned. (Vif it is|tio- 2. II' the lire mar.shal be satisfied ))V e\ idence upon babli' lie will xi . •. • i i , , not aiieml. oaih or allirmation, thai it is prof)able that such per- son will V. >t attend to give evidence without being compelled so to do, then instead of issuing a ?~.m- mons he may issue his warrant in the first in? uince. Imprison- ^ If oil the appearance of a person so summoned ini'iit lor ro- , , ' ^ '■ fusing tu be before ixie fire marshal either in obedience to such IIo may iimiiu! oil oalli. May issue waiTiiiils if parly fails to alti'iiil on puiiimons. p m ( AMENDMENTS To CHAKTER. ♦37 summons or boiii'? brouo'ht bo lore hnn l)v Airtue of a >^vniii m- to ,. ' . an.-wtT. warrant, such person roiusos to bo examniod upon oath or affirmation concerninsi' the premises, or re- fuses to take such oath or affirmation, or havins' ta- ken such oath or affirmation, refuses to answer the questions conccrninii' the premises then put to him. without liiving- any just excuse for such reiusal, the lire marshal may, by warrant under his hand and seal, commit the person so refusiuii' to the common gaol of the district, there to remain and be imprison- ned for any time not exceeding' ten days, unless in the mean time he consenis to be examined and to answer concerninir the premises. 9. The lire marshal shall have power to arrest or AiT..«t ofper- cause to be arrested any p(M-son or persons suspected iili"of*havinK of having set lire to any house, building or proper- '''■' ''r" ty, either before or pending the inquiry, and should the evidence adduced before him be such as to afford reasonable grounds for believing that the fire was not accidental, and was kindled by design, he shall issue his warrant for the arrest of the ofTender or persons suspected, if known and not already in cus- tody, and proceed with the examination and the committal of the accused for trial in the manner provided by chapter one hundred and two of the ^ '■*-*-"• '®'^ consolidated statutes of Canada. 10. Any summons or warrant to secure the atten- iiow sum- dance of witnesses, or warrant of arrest, may be '"arnint"mav served or executed within the district of Montreal, ^'^ evocuteij" and in any other district in the provinc(> of Quebec, tri< « ^ or county or place in the province of Ontario : pro- vided always, that where a warrant is to be execut- ed out of the district of Montreal, or in the province of Ontario, the same shall be backed by any justice of m 68 AMENDMENTS TO CHARTER i« '■ •i ■■ k 1*1 "" iL;,, ) I) if'kw >i m-^f Marshal to havo ctrtain powers of a judgo of ses- sions or re- corder. Ho may com- mand servi- ces of police. Ho shall de- posit Ills pro- coi'(iinf,'s with the clerk of t lo peace. His remune- ration. the peace within whose jurisdiction the same is to be executed, in the manner provided by chapter one hundred and two of the consolidated statutes of Ca- nada. 11. The lire marshal shall have all the authority and jurisdiction of a judge of sessions or recorder for the arrest of all persons disturbing the peace at any such fire, or suspected of stealing any property whatever, at such fire, and to cause the offenders or persons so suspected to be brought before the judge of sessions, recorder or any justice of the pea- ce to be dealt with according to law. 1^. The fire marshal shall be entitled to command the services of one or more police officers or police- of the said city during such enquiries, and for the service of any summons or execution of warrants is- issued by him. IJI. It shall be the duty of the fire marshal to return all depositions, examinations and proccHnlings had before him to the clerk of the ptnice for the districts of Montreal an^ ' •• lopfaled late to the cities of Mont •.,\\ and Qu««bec and such portion of any acts of parliament as confers upon the councils of the said cities power to enact by- laws authorizing such enquiries, are hereby repeal- ed. .;r.v 's fff ttr 70 AMENDMENTS TO CHARTER. :$P>t: k< II I 32 VICTOKIA, CAr. 20. An Act to ameiid the Act 31 Victoria. Chapter 32, respectinji- the Fire Marshals ibr the Cities of Montreal and Quebec, and to change their name of otHce to that of Fire Commissioner. [Assented to iitli April, 1869.] HER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows : 3IV. c. 3-2ss 1. The fourteenth and fifteenth sections of the pealed. '^ ^^t thirty-first Victoria, chapter thirty-two, in so far as the same relate to the city of Montreal, are here- by repealed, and the following provisions substitut- ed: Corporaiion 14. The fire marshal for the city of Montreal, ap- °o imV'i'iio pointed under the said acts, shall, from and after the mursliuls of j|^g|. ^^^ ^f jyf^v next, be entitled to an annual sala- tnat CUV. •' ' 1 -I 1 11 ry of sixteen hundred dollars to be divided equally between the incumbents of the said oflfice, so long as the said office is held by more than one person, to be paid by the corporation of Montreal, in quar- terly payments ; and in addition to the said salary the said fire marshal shall be entitled to receive from the said corporation for every original subpoena twenty cents, and for each copy thereof, five cents, and for every warrant, warrant of arrest, or warrant of commitment, fifty cents. AMENDMENTS TO CHARTER. 71 15. The said corporation shall be entitled to reco- <;oii .oration ver Iroin the rire Insurance Companies, donig- busi- iwo iliinlsor ness in the said city, two thirds oi' the amount so ;"""""' ''o"! paid by it, in such manner and at such periods as loiiiiiuiii'-s. may be determined by by-law to be made for that purpose, and which by-law it is hereby resi^ectively authorized to make, and from time to time to chan- ge or alter ; and by such by-law the said corporation may establish the proportion to be paid by each of the said Fire Insurance Companies. *i. The lire marshals for the cities of Quebec and FiivM.usiiais Montreal shall hereafter be called Fire Commis- '",!"' ';'," -'^ sioners, and the words " Fire Commissioner" are he- luissiontTs." reby substituted for the words " Fire Marshall" wherever the same occur in the said act. 72 AMENDMENTS TO CHARTER. ^i i itii PI' mn P m ro visions are substitute ed therefor : 1. The council of the said city of Montreal shall forthwith and within the period of one month from the passing of this act regulate by liy-law the hours lor opening, i.nd closiiio- all inns, taverns, public billiard rooms, saloons, dram-shops, hotels and other houses or places of public entertaiiunent, and in the discretion of the said eouncil deterinine by such by-law what shall be the hours of oix'iiiuy- and clos- ing said establishments respectively ; and further prohibit by such by-law the keepers of such estab- lishments from permitting tipplim? or drinkiiii>- of t'I)irituous or fermented liquors and all persons from 76 AMENDMENTS TO CHARTER. '4i im If' ;li 1- 111* « h VM Hi' tippling or drinking therein during the hours pro- hibited by sucli by-hiw, and such ])y-law shall lorth- with be transmitted to the lieutemint-yovernor in council for approval, and such ajiproval shall be attested by notice published in the Quebec Oj/icia( Gazelle. 2. All persons offending against such l)y-law shall be liable to a penalty of not less than ten dollars nor more than twenty dollars, and the costs of the prosecution, aud in default of immediate payment of the said fine and costs to an imprisonment of not less than one, nor more than two months, unless the said fine and costs shall be sooner paid. 3. It shall not be lawful for any person having no license to sell spirituous, vinous or fermented liquors, to keep or suffer to be kept on his premise's or possessions, or under his charge, for the purposes of sale by retail, any ale, wine, rum or any spiritu- ous or fermented liquor, or any mixed liquor, a part of which is ale, wine, rum or any spirituous or fermented liquors. 4. It shall be the duty of every policeman to enter all unlicensed taverns, saloons, dram-shops, houses or places of public entertainment and other like places of common resort, wherein it is suspected that spirituous, vinous or fermented liquors, are kept for sale by retail, and to search for the same, and upon discovery thereof to seize and remove the said spirituous, vinous or fermented liquors, and the vessels containing the same. 5. The possession of said spirituous, vinous or fermented liquors, in such places of common resort, shall be deemed sufficient evidence of its having been kept for sale by retail, without further proof. m AMENDMENTS TO CHARTER. 6. Persons offending against the provisions of paragraph two, of section iirst of this act, shall, in addition to the penalty herein after imposed, incur the forfeiture of the liquor and vessels containing the same which, by the conviction, shall be declar- ed forfeited, and said liquors ordered to be destroy- ed ; and on the second or any subsequent convic- tion for the said offence, the offender, in addition to the forfeiture, but in lieu of the penalty, shall be committed to the common gaol of the district for the space of three calendar months. 77 1 '! I'Jj i 1 ''*t ! 1 i « ii i fl 1 iiiii! PART SECOND. BTLAWS OF THE CITY OF MONTREAL PASSED SINCE THE LAST CODIFICATION nr 1865. ! , I I SiM's I? in II *p '?!" ]i>^ «»•'!'* BY-LA-^\^S. No. 1. hy-hi\v tarcel8 of i>round re(juired for the wideninu' of the second Section <>1 I lie said .street, the auyreiiate cost of which amounts to the sum of l''ifty-three Thousaiul One llunihi'd and Twenty-one ])ollars and Sixty. (»ne Cents, as appears hy th(> Rei)ort of the Commis- sioners for Notre-I)an;e Street, which was duly con- lirnied and hoinolouated on the Seventh day of f'ehruary, one thousand eiiiht hundred aiul sixty- live, and hy the deposits made in the hands of the I'rolhonotary of the Superior Court in and lor tho J)istrict of Moniieal for the said Second Secti(»n of Notre-I>ame Street ; — And whereas it is i>rovided l>y the fourth suh-seetion of section thirty of the said Act, that one-half of the cost<»f th«' saianie Street, hy means of a Special Assessment to ; .J*'/ i >mi •T| '-fi^' h<. h evUMl upon llie rea il estate fronting on Notre- 84 HY-li.VVVS. 'il 11 nh 'i t ..:; Dame Stroof, th«' whole of whicli sIimU ho ('(jually iiUctl or iissossimI to piovidi' oiw-hall the expense ol' the sa\i{l improveiueiit, and tliat, th«' assessed value ol'uU veal estate Irontinii" on the said street lor t'le y»Mir one thousand eiyht hundred and sixty-lour shall he held to he the ass(»ssed value thereol" Ibr all the purposes of the said improvement : — And whe- reas it is idso provided hy the thiity-lirst Section ol" the said Aet, that the said Council may. alter the homolouation ol' the Report of the said Commissio- ners lor each Section aymt'nt of the sum ol' fwrttf// si.i; tlioitsnntf /irrluiH. f/rcif (tail sixfi/ (/offars tuiil ri*i/iti/'rcttts, IxMiiii" "H^' half ol'th*; cost ol" widciiiuy the Sr((,iid Section ol'Notro- Danie street as aforesaid. I)ent sess- r«*al |f the itiul the irl/l icil, ■t ; the Dtre- aiul the ir, he st Preamblo. of the ruhlio, to ojjen a new >treet Ironi Ciiahoillez S([nare to ^lounlain Street, and lo ilisconliniie a pi»ition of St. I''elix Street; It is onhuiied ami enat.'ted hy th«' said ("oiineii, anlish measure ; and that '"' "'''''' . "' ' ofthis Council, ehaj)- ter XI, and described under number Two llrndred uiul Sixty-live (205) in the Act of Incorporation of tht said Company, 24 Victoria, cha})ter 84, are so onerous that they can no lonyer run their road with V»rolit ; and v. hereas this Council deem it advanta- geous, in the public interest, to partly comply with the said Petition, — the IbllowiniiM-iianues and modi- fications are hereby made to the said lly-Law, chap- ter XI. \\im BY-LAWS. 87 Sec. 2.— It shall be optional with the said Compa- <:ompany ny to lay or not to lay the rails of their track in any not" lay rails, of the streets mentioned in the first section of the *^^^' said By-Law, chapter XI., in which their road is not already built ; provided, however, that they shall be held to complete any section of such unfinished road on receiving- from the Corporation twelve months, previous notice to that effect ; and such notice once g-iven, the said Company, failing to comply there- with, shall forfeit their right or privilege to build such section of their road. Sec. 3, — The said Company shall have the right to Track in stc lay their track in hte. Catherine Street from Moun- tain Street to Guy Street, and in Cruy Street, from Ste. Catherine Street to Sherbrooke Street, when- ever they may deem it expedient so to do ; and these new tracks shall form part of the Second IJistrict. Sec. 4. — The Seventh Section of the said liy-law, Itomiway chapter XI., is hereby amended as follows: — The rails. Company shall be held to keep the Koadvvuy be- tween their rails, and twelve inches on each side the- reof, paved, macadamized or gravelled, as the case may be, so as to suit tht' kind of paving used in the Streets through which their lines run. Sec. 5. — Every day from Screu o'clock a. ^' . to cars— wlion Nine o'clock P. M., a car t^aaU run (whc-n cars are '"'"" employed) through th«' first District, at intervals of fifteen minut«'s, and through the other Districts at in- tervals oi' (wen ft/ minutes ; but when the track is en- cumbered with snow or ice in the fall of the year, the Company shall not be held strictly to the fore- going hours. im .i«*' ■1'^ ■irp; I'UIV 88 IJV-LAWS. Sleighs. f^j/(. — 1,1 \vintor, with tho oxecption ol'lho First ])i.stri('t, tlu* Company iniiy run their n1«mu1is at such hours and in such olthc streets in which tlieir railu are hiid, as in (lieir (H)iniou may hest serve the pul)- hc wants; the City Council, however, reserve to thi'mselves, at any time horeal'ter, the privih'ire to lix tlic hours at which the said Compiuy sliull be held to run their sleighs. Sec. 7. — The Company shall he entitled to char- ge any rale not exccedinu' lu'i'e C'ew/.s, I'or the con- veyance ol" a passenucr I'rom one jMunl to another on any one District <»!" their road ; and the Twenty- I'ourtli Section of the said liy-law, chai)ter XI., is amended accordini»ly. il 'if Sec. H. — Such provisions only ot the said ]{y-law, chapti'r XI., as are rejmunant to the present J{y-law are hereby repealed. Sec. JI. — The penally provided in the Twenty- ninth Sett ion ol' the said IJy-law, chapter XI., for any inl'rinti'cnu'nt of the obliirations imposed on the said Company, shall eciually api)ly to the contlitions imposed on the said Couipanv by the ])resent By- law. H. loiniiT jMOvi- i-IUllS. Pcnullv, l*ieuinl)li' No. 7. liv-lsiw to remove tli(i lliiv Mnrkct tVoiii Victoria S([iiJii'c to (litMjId Concjicgjinicn on College Street. [Pdssn/ It;/// .Sovnnht'f l.SOO.] \VlIE!{KAS it has been deemed expedient to re- move the Ila\ Maiket and Weiuh-IIoUse l'ri'»"o^- idore.said purchased from the Gentlemen of the Seminary of Montr«>al, and which is bounded by Colle«re, Inspector, William and Georg-e Streets. Sec. 2. The said lot of ground in the i>receding Huy Market Section described, shall be, and the same is hereby 'oi^,'(joii*i.j constimti^l and established, the Hay Market, <^''^iinJ- Number One, of this City, in lieu and place of the Hay Market heretofore existing and established on Victoria Square, which said latter Hay Market is hereby, ami from henceforth abolished ; and the Weigh House and scales recently erected on the above described lot of ground, shall be the Weigh House and Scales to be hereafter and henceforth used an. BY-LAWS. No. 1). By-law to (IciiiH^ the duties and attribu- tions of tlie Auditor tor the Citv of Mon- treal. [Passed 4th Mat/ ISGI.] HepeaK'd. soc liy-liiw No. 21. 91 assessment. No. 10. Bv-law of the Council of the Citv of Mon- treal, to levy a Sj)e('ial Assessn)cnt on real estate in Notre Dame Street. [Passed Sf It Mai/ 18(57.] I'roiimble : — A special Asscssinciil at tho nito of Special /wo dollars lift i/'two reals and Ihrae qnailers of a cent lor every one hundred dollars oi' the a.s.se.sse(l value ofall teal estate IVoiitiiifjf on Notre Dame Street, the said assessed value as set lorth and established in and by the Ass«'ssnient Books lor the year one thou- sand eiiiht hundred and sixty-lour, shall be made and l«'vied ui>on the proprietors of real estate front- inii' on Notre Dame Street aforesaid, which said Special Assessment shall be due and payable on the fifteenth dai/ of 31 at/ instant, and applied towards the payment of the said sum o'i fifty -six thousand three hand red and eiiihti/ dollars thirl yf oar rents, being one-half of the cost of widenini»- the third and j^or- tions of the fonrth Section of Notre Dame Street, as aforesaid. its*' I H^Jti^ km m IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 S'- IM III 2.5 - U IIIII22 ;; 1^ iiiii^ 12.0 lliio 1.4 1.8 1.6 % ^ 6^ <* 23 WEST MAIN STREET WEBSTER, N.Y. 14S80 (716) 872-4503 %^ \ :* «. : chior officers Sec. 10. It shall be his duty, at the close of each certain stale- civic year, to lurnish the chief officers of the various merits. civic departments with a statement of thei^ expen- diture lor the past twelve months ; and it shall be the duty of the said officers to furnish him with detailed estimates of the requirements of their several departments for the ensuing year, in the following form, to wit: — 1. For general and ordinary expenditure : 2. For any proposed additions to the same : 3. For contemplated improvements and new work : with the view of submitting the same to the Finance Committee before the close of the month of Februa- ry. Sec. 11. The Auditor, whenever required, shall furnish the Mayor or any Committee of the Coun- cil, or the City Treasurer, with abstracts of any books, accounts, records, vouchers, or documents in his office, or any information in relation to any thing pertaining to his oIFice or to the revenue of the city ; and he shall at all times permit the Mayor, any Member of the Council, the City Clerk, the City Treasurer, or any other officer interested, to examine any books, paj^ers or documents in his office. Sec. 12. The Auditor shall render any other ser- vices or perform any other duties, as the City Coun- cil or the Finance Committee may, from time to time, direct. Sec. 13. The By-Law, number nine, passed by the Council of the said City of Montreal, on the Aiulilnr to I'lirnisli filjs- tracts, Ac. Shall render any other sor vices. Repeal. By BY-LAWS. 108 Fourth day of February, One Thousand Eight Hun- dred and Sixty-seven, is hereby repealed. No. 22. By-law concerning Dogs. {Passed 7 June 1869.) (Repealed, see By-law No. 33.) No. 23. By-law concerning the Sale of Milk. {Passed Ith June 1869.) (Repealed. See By-Law No. 38.) No. 24. By-law to repeal Section Second of By-law Chapter Twenty Nine, concerning streets. {Passed 14th June 1869.) (Repealed. See By-Law No. 48.) No. 25. By-law to amend By-law Number seventeen, to change the Level of Little St. James Street. {Passed Uth June 1869.) Whereas, it was found advisable in and by the Prearable. By-Law Number Seventeen, passed by the Council |i 104 T;:r: Previces level altered in a certain case. |Vlt!|li ■•'. BY-LAWS. of the City of Mont'oal on the Twenty-Sixth day of August last past, to change the level of Little St. James Street, except in so far as it relates to the sidewalk on the south-east side of said LitLle St. James Street ; and, whereas, Joseph A. Labadie, Esq., one of the proprietors on the said south-east side of Little St. James Street is about to build, and has expressed his desire to conform with the new level of the said street, as established by the said By-Lav/ number Seventeen. It is hereby ordained and enacted by the said Council, and the said Council do heredy ordain and enact as follows : — The level of said Little St. James Street establish- ed by the said By-Law Number Seventeen, shall apply to and extend as far as the line of the property of the said Joseph A. Labadie, on the south-east side of the said street, as shown and specified in the plan or section hereunto annexed. »'l:l !il 1' ' „ '!'^ 1' Preamble. No. 26. By-law to regulate the planting of Trees in certain streets of the City. {Passed lith March 1869.) Whereas, in and by the twenty-sixth Section of the Act of the Province of Quebec, passed in the thirty-sucond year of Her Majesty's Reign, Chap- ter 70, power is conferred upon the Corporation of this City to pass a By-law concerning the planta- tion of trees within the limits of the City. 11 BY-LAWS. 105 It is hereby ordained and enacted by the said Council, and the said Council do hereby ordain and enact, as follows : — Sec. 1. Every owner of real estate, situated on the Proprioiois Streets mentioned in the Schedule hereunto annex- trees. ° '^ " ed, shall henceforth be held and obliged to plant on and along" his property, trees, at a distance of not more than thirty nor less than fifteen feet from one another, of the quality and in the manner to be l^rescribed by the City Surveyor, under the direc- tion of the Road Committee. vSec. 2. In case such owner, after having been no- what? in tified by the said City Surveyor to plant trees, as caseofrefu- prescribed in the preceding section, shall neglect to comply with such notice within eight days from the service of the same, or shall refuse to follow the said City Surveyor's instructions, the latter shall cause such plantation to be made, and shall exact and recover the cost thereof from the said owner. Sec. 3. The City Surveyor may order the pru- Pruning of ning or trimming of any trees in the public streets or squares, when required. i^'l (lanta- Scliedule of Streets wherein Trees are to be planted, referred to in the foregoinji' By-Law. East Ward. — Jacques Cartier Square, Dalhousie stroeis in SniTtrp which trees .■5quaie. are to be St. Ann's Ward. — William, Wellington, (beyond planted. the Bridge), St. Patrick, McCord, Gruy, Richmond, St. Martin. St. Antoine Ward. — St. Radegondo, Aylmer, City Councillors, Union Avenue, Drunswick, Kano- 4 ..■>ft>»ffr m ">9*Wl ifWf I lli#' mi^ 106 BY-LAWS. ver, University, Albert (S. E. side), Latour (West), Upper Stanley, Victoria, McGrill College Avenue, Mansiiekl, Metcalfe, Peel, Stanley, Drummond, Mountain, Crescent, Griiy, St. Francois de Salles, Sherbrooke, Dorchester, McTavish. Redpath, St. Janvier, Simpson, Berthelet, Cathcart, Lagauche- tiere, St. Antoine, Inspector (from St. Bonaventure to St. Antoine), Beaver Hall place, Burnside Place, Victoria Square, Phillip's Square. St. Lawrence Ward. — Upper Bleury, Durocher, Sherbrooke, Hotel Dieu, Ontario, St. Catherine, Craig. St. Louis Ward. — Sherl)rooke, Ontario, St. Cathe- rine, Dorchester, Craig, St. Elizabeth (above Sher- brooke), Cadieux, Courville, Upper St. Urbain, Ste. Famille, Manse. St. James Ward. — Amherst, St. Hubert, St. Denis; Berri, Sherbrooke, Ontario, Ste. Catherine, Mignonne, Lagauchetiere. St. Mary's Ward. — Fullum, Soaton, Sydenham, Durham, Ste. Catherine, Ontario, Dorchester, Craig. No. 27 By-liiw to Amend By-la^v Chapter Six in relation to Assessments and Taxes. [Passed loth December 1869.] Sec. 1. The Sixteenth Section of the said By-law Chapter Six, is hereby repealed, and the following substituted therefor. BY-LAWS. lOY Every person or firm of persons carryinc^ on the Tax on livery business or occupation of livery stable keeper, for i)ers amended the purpose of letting out horses or vehicles of travel for hire or reward in the said city shall pay the duty imposed in and by the Seventh Section of the said By-law, Chapter Six, and a further annual duty at the rate of Three Dollars for every two-wheeled vehicle or carriage and at the rate of four dollars for every four-wecled vehicle or carriage kept for the purposes aforesaid ; which said duties shall, for the current year, be due and payable on the twentieth day of December instant, and thereafter on the first day of May in each and every year. Sec. 2. The thirty-second and fhirtij-third sections Hopeal. of the said By-law, Chapter Six, are hereby repea- led, and the following substituted therefor : An annual duty of eighty Dollars is hereby im- posed upon all brokers, money lenders or changers, commission merchants, and the agents of all such in this city ; and the said duty shall, for the current year, be due and payable on the twentieth day of December instant, and thereafter on the first day of May in each and every year. Tax on Brokers. H!l 108 BY-LAWS. t-ti. Hours fixed for closing taverns, iiC. Tippling proiiibitcd &c No. 28. By-law to fix and regulate the hours for the opening and closing of Taverns, Dram-Shops, Saloons, and other houses or places of Public entertainment in this City. * {Passed 9th, February 1870.) Sec. 1. No person keeping any Inn , Tavern, Public Billiard Room, Saloon, Dram-shop, Hotel, or other house or place of public entertainment in the City of Montreal, shall keep open such Inn, Tavern, Public Billiard Room, Saloon, Dram-shop, Hotel or other house or place of public entertainment, nor permit tippling or drinking of spirituous or fermen- ted liquors therein, after the hour of eleven o'clock at night and before six o'clock in the morning, from the first day of October to the thirty-first day of March in each year ; and after the hour of twelve o'clock at night and before five o'clock in the mor- ning, between the first day of April and the thirtieth day of September, in each year. Sec. 2. It shall not be lawful for any person to tipple or drink spirituous or fermented liquors in any Inn, Tavern, Public Billiard Room, Saloon, Dram-Shop, Hotel or other house or place of public entertainment, during the hours prohibited in and by the foregoing Section. SaiiHloiieil bv tlii; Lieiili'nuuKlovcrnor on the '25t!i Februarv 1870. BY-LAWS. ■ 109 Sec. 3. All persons offending" against any of the Penalty, provisions of this By-Law shall be liable to a penal- ty of not less than ten dollars, nor more than twen- ty dollars, and the costs of the proseculion ; and, in default of immediate payment of the said fine and costs, to an imprisonment of not less than one nor more than two months, unless the said fine and costs shall be sooner paid. No. 29. niai" By-law to impose a Duty on Billiard Tables. [Passed 15th March, 1870.] Seel. The thirty-ninth section of the By-law 39 sec. of By- Law c. pealed. chapter six of this Council is hereby repealed, and ^^^^ °' ^ ^^' the following section substituted in its stead : — Sec. 2. An Annual duty of one hundred dollars Duty on shall be paid by the occupant or occupants, pro- prietor or proprietors of each and every House ot Public Entertainment, Hotel, Inn, Licensed Tavern, Public Boarding House, or any other place of pu- blic resort, entertainment or amusement whatever in the said City, for one Billiard Table ; of fifty dol- lars for the second Billiard Table, and of twenty for each and every additional Billiard Table, and of one hundred dollars for each and every Missisippi, Bagatelle or any other gumbling Board with Balls, which now is or may hereafter be erected or kept in any such House of Public Entertainment, Hotel, Inn, or Licensed Tavern, Public Boarding House, or other place of public resort, entertainment or En- ables. 4"'" l, •' :. im .-i" 110 BY-LAWS. » *l • amusement ; and a duty of one hundred dollars shall be paid 1)y the occupant or proprietor of any house, apartment, or other place, in the said City, for one Billiard Table, of fifty dollars for the second Bil- liard Table, and of twenty dollars for each and eve- ry additional Billiard Table, and of one hundred dollars for each and every Missisippi, Bagatelle, or other gambling board with balls, which now is or may hereafter be established or kept for the use of any association, or number of subscribers, or for any person whomsocA'er, other than the said occupant of Billiards used the said House, apartment or other place ; and a duty of twenty dollars shall be paid by all legally established and incorporated Clubs, for each and every Billiard Table which they may own or have the exclusive use of ; and any person, occupant, pro- prietor, as the case may be who shall set up, erect or keep a Billiard table, Missisippi, Bagatelle, or any other gambling board with balls, without having previously paid the said annual duty, according to the respective rates herein before specified, shall be liable to a fine not exceeding twenty dollars and costs of prosecution, and in default of immediate payment of the said fine and costs, the defendant may be imprisoned in the common goal for a period not exceeding two months, the said im- prisonment to cease upon payment of the said fine and costs. BY-LAWS. Ill No. 30. Bv-law in relation to the Manufacture and Sale of Bread. [Paused Uth March 1870.] Sec. 1. All Bread manufactured by the Bakers of weight and this City for sale, shall be made of the weijvht and y^^^^^jj^ °^ quality hereinafter described, that is to say : the brown loaf shall be made of good wholesome wheaten flour, and be baked in loaves of six pounds avoirdupois weig-ht each, or of half-loaves of three pounds avoirdupois weight each ; the white loaf shall be made of good sound fine w^heaten flour, and shall be baked in loaves of four pounds avoir- dupois weight each ; or of half-loaves of two pounds ^'"/> ^f 'ye/ght avoirdupois weight each ; and every loaf of such and initial Bread shall be marked with the numbers indica- k^ r s name, ting the weight of such loaf, and also with the ini- tial letters of the name of the Baker or Bakers thereof. And if any Baker or other person, or com- pany of persons, shall bake, expose, or offer for sale, in ihe said City, any wheaten loaves of less weight than such as hereinbefore described, or than what the said loaf or loaves purport to be, or that shall be made of unwholesome materials, calculated to defraud the public, or any loaf or loaves not marked as aforesaid, every such Baker or other person or Company so offending, shall be liable to ^^'^ ^' a fine not exceeding twenty dollars and costs of prosecution and to an imprisonment not exceeding- two months, for each offence, and shall moreover suffer the forfeiture and confiscation of all such Confiscation. <4r m^' ,.Kl'f'^*f. 112 BY-LAWS. Proviso. i^i y. .a fii I ^ Proviso. Bread as shall be found of light weight, or of an inferior quality, or not marked as aforesaid : Pro- vided always that such deficiency in the weight of such Bread shall be ascertained by the Inspector or Inspectors of Bread, to be appointed by the said Council, by weighing or causing the same to be weighed in his or their presence, within eight hours after the same shall have been baked, sold, or ex- posed for sale : And provided further, that when- ever any allowance in the weight shall be claimed on account of any bread having been baked, sold, or exposed for sale since more than eight hours as aforesaid, the burden of proof in respect to the time when the same shall have been baked, sold, or exposed for sale, shall devolve upon the Defendant or Baker of such Bread. Council to ap- g^c. 2. It shall be lawful for the Council of the point Inspec- tors of Bread, said City from time to time, as occasion may require, to appoint one or more fit person or persons to be Ins- Tlieir duties, pector or Inspectors of Bread ; and it shall be the duty of the said Inspector or Inspectors, and they are hereby authorized and required from time to time, not less than once in each month and when- ever ordered so to do by the Mayor of the said City, at all seasonable hours, to enter into, and ins- pect and examine every Baker's shop, store, house, or other building where any Bread is or shall be baked, stored, or deposited, or offered for sale, and in the presence of at least one witness, to inspect, weigh, and examine all Broad found therein ; and also to stop, detain, and examine in any part of the said City, any person or persons, or any waggons or other vehicles carrying any loaf or loaves for sale, BY-LAWS. 113 and in the presence, as aforesaid, of at least one witness, to weigh the same, and determine whether the same are in violation of the true intent and meaning of the present By-law ; and if the said Ins- pector or any one or more of the said Inspectors shall find any loaf or loaves of Bread deficient in weight or not conformable to the directions herein contained or any part of them, he or they shall im- mediately seize and confiscate the same for dis- tribution to the poor. Sec. 3. If any Baker or other person shall hinder, I'onaity for obstruct, or prevent any Inspector or Inspectors of insjicctors of Bread, from making any examination authorized or ^''^^^'^ 1" ^^% ® ■^ execution of required of him or them by this By-law ; or shall hin- their duty, der, obstruct or prevent any Inspector or Inspectors aforesaid, or any person aiding- or assisting him or them, from stopping any waggon or other vehicle for carrying Bread ; or from seizing, taking and car. rying away, and disposing of, according to law, any Bread found in the said City, not conformable to this Bylaw ; every person so offending shall be liable to a fine not exceeding twenty dollars and costs of prosecution and to an imprisonment not exceeding two months, for each offence. No. 31 By-law concerning the erection of Buildings. [Passed 15th March 1870.] Sec. 1. The Inspector of Buildings appointed to Title of In- enforce the laws relating to the construction of "P®*^ °^' Buildings in this City, and for the prevention of \'\ 114 ' BY-LAWS. accidents by fire, shall be termed Inspector of Buil- dings, and shall be under the direction of the Fire Committee. Wooden gee. 2. No person shall hereafter construct any and shingled Wooden Building, of any kind or description what- wholly or in part any Building of any kind what- soever, within the City limits, except as hereinafter provided, with shingles or wooden material of any kind whatsoever ; neither shall any person erect or construct, or attach to any building, within the limits aforesaid, any gutter, conductor, or spout that is not effectually secured against fire. It may however be lawful to erect Buildings encased with brick work. Provided, however, that nothing in this law contained shall be construed in any manner to prevent the Council of this said City, in special cases, and for special causes, to give permission to erect buildings different from those specified in the next preceding section. Proviso. Buildings now suppor- ted. Wooden buildings a nuisance. Sec. 3. No front, rear, or other wall of any such dwelling house. Store, Storehouse or other Building now erected, or hereafter to be erected, in the said City, shall be cut off or altered below, to be sup- ported in any manner in whole or in part by wood, but shall be wholly supported by stone, brick, or iron, and no wood, shall be used between such wall and such supporters. Sec. 4. Every building hereafter erected or cons- tructed contrary to the provisions of the foregoing sections, shall be, and the same is hereby declared to be a public and common nuisance. :mri BY-LAWS. 115 Sec. 5. No person shall repair, or cause to be re- ^jQ^f^''^^'* paired, any wooden or other roof of any brick or spouts not to stone house or building, or any spout, belonging or wlth^shingles attached to any house or building within this City or boards. with any shingles, boards, planks, or other wooden materials whatsoever ; or with any other than metal or incombustible materials. Sec. 6. But whereas it has been shown to the ^?,"L" /Tn" ])09iiion8 tor satisfaction of the City Council, that the compo- rooiing per- sitions for covering the roofs of buildings, known and patented as "Warren's Prepared Fire and Water- proof Composition Roofing, " and " Racicotand Lau- rent's prepared Fire and Water-proof Composition Rooiing," are really and truly fire-proof, it may be lawful to construct board and plank roofs to buil- dings within the limits of this City, and to cover the same with either of the said compositions : Pro- Proviso. vided, however, that the Inspector of buildings shall be empowered to order the same to be removed and to be replaced with metal in case of roofs so covered which he shall decide to be defective and liable to damage by fire. Sec. 7. If any wooden building shall require new Wooden roofing, it shall and may be lawful for the pro- !j"ay1'Svea prietor or proprietors thereof to raise the same for new roof, 4c. the purpose of making a flat roof, provided that such new roof shall be covered w^ith metal or any of the articles sanctioned to be used in the next preceding section of this by-law, and provided such building when so raised shall not exceed thirty-five feet in height to the highest part thereof from the curb level. 1 ■♦ffi h,LQ m ill* 4, 116 Muy bo f'n- largi'il. Wondoii sheds. I'iazzii, Iial- conioH, iV(;. Privies, Ac. Repairs to wooden buildinL's. Damage, by whom ascer- tained. HY-LAVVH, Sec 8. No Wooden })uildin£? now erected shall bo enlarged or built upon, unless such extension or addition be of fireproof materials, nor shall any "Wooden Buildin*^ be removed from ont^ lot to another. Sec. 9. No Wooden Shed shall be t'rected or per- mitted unless one whole side of the same shall be left entirely and constantly open, and i)rovided also the same does not exceed twelve feet in height to the peak or highest part thereof from the level upon which it is placed. Nothing- in this section or in this By-luvv shall be held or construed to prohibit the erection of any Piazza, Platform or Balcony, not to exceed ten feet in width on the level of the lirst story of au.y Building* to which the same may be attached : provided that such Piazzti, IMatlorm or Balcony shall not extend more than three feet above the second floor of any such Building as afore- said. Sec. 10. All Privies not exceeding- ten feet square and ten feet high shall, and all Ferry-houses may, be built and covered with wood, provided such Pri- vies and Ferry-houses shall not be used for any other purpose than a Privy or Ferry-house. Sec. 11. Every Wooden Building, which may hereafter be damag-ed ])y fire to an amount less than one half of its value, may be repaired or re- built ; but if such damage be greater than one-half such value thereof, then such Building shall not be repaired or rebuilt, but shall be taken down. Sec. 12. The amount and extent of such damaae by fire or otherwise, mentioned in the last prece- ding section, shall be determined by the- Inspector if ' 1; BY-LAWS. 117 of Biiildimjfs, one Surveyor appoiutocl by tlio Fire IiiHuraiice Company or Companies, il' Hiich lUiild- inix ho insured, and one by the owner, or owners olthe property. But it' such Buildinu; or Buildiniys be not insured, then the damai^e shall be deter- mined by the said Inspector, one person appointed by the owner or owners, and another expert chosen by the two former. In case the owner or owners, shall refuse or neglect to appoint an expt'rt for th(^ ])urpose of estimating such damage, then it shall ho. lawful for the Recorder to appoint such expert. Sec. 18. No person or persons shall hereafter Construction construct m any House or Buildnig covered with shingles, or wood, within the said City, any Chim- ney or Chimneys which shall be elevated less than thre«> feet six inches above the ridge-pole thereof, or shall construct in any house covered with metal, slate, or tile, any Chimney or Chimneys which shall be so elevated less than two feet, or shall construct such Chimney or Chimneys so obliquely as to pre- vent it or them being easily swept, or shall cons- truct any vent or vents or sweep opening m such Chimney or Chimneys of less area than one hun- dred and forty-four inches each, or shall fail to have the joints of the bricks, when such material is em- ployed, smoothly pointed or drawn, the bricks also to be well laid in mortar, and grouted with liquid mortar. Sec. 14. No person shall hereafter construct, or B'ick chim- permit to be constructed, in his, or her house, in ^*^'^' "^* the said City, any Chimney of brick, the sides of which shall be of less thickness than eisiht inches, within such Building, and the area of the Hue 118 BY-LAWS. r i i . .5 iM^¥ stove-pipe through roof. Chimneys to be I ept in order, Ac. Chimneys without fire- places. Ladders to chimneys. thereof less than one hundred and forty-four inches, or without having a ffood and proper stone foun- dation ; neither shall any person pass a stove-pipe through the top or sides of any Wooden-house, Out-house, Fence, or any Building whatsoever, owned or occupied by such person in the said City. Sec. 15. Any proprietor or proprietors of any Houso or Building within the said City, who shall neglect or refuse to maintain the Chimney or Chim- neys of surh House or Building in good condition, or to repair the same, when required by the Ins- pector aforesaid, or fail to cause the removal of any obstruction or obstructions in the said Chimney or Chimneys, preventing the same from being well and easily swept, or who shall permit more than two pipes to terminate in the same Chimney in each story of such House or Building, or who shall allow a stove-pipe to terminate in any other place than in a Chimney, shall incur and pay the penal- ty hereinafter provided. Sec. 16. The proprietor or proprietors of any House or Building within the said City, having any Chimney or Chimneys with no fire-place or fire- places thereto, shall cause to be made into such Chimney or Chimneys such opening or openings^ securely guarded by iron doors and frames, as shall admit the said Chimney or Chimneys to be easily swept : said iron doors to be at least twelve inches square. Sec. 17. All Ladders to Chimneys in the said City shall hereafter be well secured and fastened to ths same by iron hooks, and shall not extend higher than within six inches from the tops of such Chim- BY-LAWS. 119 neys ; and the tops of Chimneys, if composed of brick, or more than one stone, shall be hooped with iron. Sec. 18. It shall '" * the duty of the proprie+or, or Ladders on in case the proprietor is absent, of the occupant or any person having the care of any House or Buil- ding in the said city to have and maintain on such House or Building, a sufl&cient number of ladders and to have tho same repaired or renewed when rtquired by the said Inspector. Sec. 19. The gable ends of all houses to be here- Gable ends of housGS after built in the said City, shall be elevated at least two fc9+ fibove the roof thereof, and the coping or covering ofsuchgablos shall be made of stone or covered with metal. Sec. 20. No person shall hereafter lay, or permit Placing of to be laid or placed in any wooden flour, any hearth, „*" '^ °" brick or stone, which shall not rest upon brick or stone underneath to its whole extent, not less than three inches in thickness, and which shall not be well bedded in mortar, and grouted so as to fill all the spaces, said brick or stone hearth to be eight inches longer at each end than the fire-place, and sixteen inches in width from the face of the Chimney. Sec. 21. All proprietors of Houses or Buildings Buildings adjoining any public square, street, lane, or high- streets"to way within the said city, shall have and maintain have spouts. to such Houses or Buildings, tight covered spouts, by which the water from the roofs of such Houses or Buildings may be conveyed to within a distance of not greater than twelve inches from the footpath or sidewalk : Provided always, that in case of the Proviso. •i m 120 BY-LAWS. , , , Hi Wooden beams or sup- porters. Beams in walls. Sloves. Coal stoves. absence of such proprietors, the occupants shall be held responsible in the premises, for each offence against the provisions of this section. Sec. 22. No person shall hereafter use or employ any wooden beam or post of any kind or descrip- tion whatever, or cause the same to be used or em- ployed to permanently sustain, uphold or support any brick or stone wall of any house within the said City, unless said beam or post shall be made of ash, oak, or elm, and be at least twelve inches square. Sec. 23. No person shall hereafter build or enter, or permit to be built or entered, any beam or joist into any wall in his. House or Building, in the said City, nearer than eight inches to any flue or fire-place in such wall, and all such beams or joists shall be entered into trimmers, framed so as to be at least one inch clear of all Chimneys and flues. All beams and other timbers in the party wall or every such Dwelling-house, Store, Store-house or other building, hereafter to be erected or built as aforesaid, shall be separated from the beam or tim- ber entering in the opposite side of the wall by at least four inches of solid mason work . No person shall place any stove for burning wood into any partition in the said house, without leaving nine in- ches clear from any wood work immediately above such stove, and seven inches clear from any wood work opposite the sides of the same ; and all stoves whether to burn wood or coal, shall be placed upon metal plates, or pans projecting at least eighteen inches beyond the door of said stove. Sec. 24. No person shall place any stove for bur- ning coal in any partition in the said house without BY-LAWS. 121 leaving eighteen inches of clear space on all sides, unless said partition shall be protected by tin plate, nor shall any coal stove be placed nearer to any wooden partition or wood work of any kind than two feet, unless said wood work shall be protected by a screen of tin plate. Sec. 25. Any proprietor of any House, Store, or Scuttles on roofs other Building within the said City, more than one story high, who shall neglect to have and main- tain an aperture, scuttle, or dormer window of not less dimensions than four hundred and thirty-two inches in area, on the roof thereof, with a ladder or steps thereto, or shall refuse to construct such scut- tle or stairs within two weeks after being notified so to do by the said Inspector, shall incur and pay the penalty hereinafter provided. Sec. 26. Every building, except a private dwel- Partition ling, over thirty and under fifty feet in width, shall have at least one brick or stone wall running from front to rear ; or if over fifty feet and under seven- ty-five feet width, shall have two partition walls as above ; or if over seventy feet and under one hundred feet, shall have three partition walls as above. Sec. 27. In all other cases not hereinbefore spe- cified, wherever the said Inspector shall detect any imperfection, improper construction, or defect in of houses any house or building within the said City, from which imperfection, improper construction, or defect there may apparently be danger from fire, the pro- prietor of such house or building shall repair or remedy the same, within a reasonable time after being notified so to do by the said Inspector. Pro- 6 walls. Imperfec- tions in the construction :l|l m>%\ 'Iliii 'ifi^! 122 BY-LAWS. Prohibition extended to repairs. Inspector may enter buildings, A. Scall'olds how to be ■constructed. Dilapidated walls, Ac, to be pulled down. vided always, that in case of the absence of such proprietor, the occupant, or any person having the care of such house or building, shall be held responsible for each offence against the provisions of this section. Sec. 28. The same prohibitions and conditions which are hereby enacted as applicable to new Buildings, shall be held to apply also to the repairs of Buildings already erected. Sec. 29. The Inspector of Buildings shall have the right to enter all Buildings and premises on all law- ful days, and during seasonable hours, for the pur- pose of performing the duties appertaining to his office. Sec. 30. All Scaffolds erected in this City for use in the erection or repair of stone, brick, or other Buildings, shall be well and safely supported, and of sufficient width, and properly secured, so as to insure the safety of persons working thereon, or passing under or by the same, against the falling thereof, or of such materials as may be used, placed, or deposited thereon ; and any person who shall erect, or use, or cause to be erected or used any Scaf- fold contrary to the provisions hereof, shall be sub- ject to the penalty hereinafter provided. Sec. 31. It shall be the duty of the Inspector of Buildings to require, by a written or printed notice, that all dilapidated or ruinous Walls, Chimneys, or Buildings, that may endanger the public safety, be pulled down, demolished, and removed by the owner or party in possession, or having charge there- of, within a reasonable delay, varying according to the circumstances of each case, and to be speci- BY-LAWS. 12a lied in the said notice ; and every person on whom such notice shall be served, shall forthwith obey and comply with the requirements thereof. Sec. 32. When the person on whom notice shall At whose ex^ have been served as aforesaid, shall refuse, or ne- glect to obey, or comply with the requirements thereof, it shall be lawful for the said Inspector, at the expense of the party notified, to pull down, de- molish and remove, or to cause to be pulled down, demolished and removed, all such dilapidated or ruinous walls, chimneys, or buildings as may be specified or referred to in the said notice, and that may endanger the public safety ; provided, hew- ever, that such pulling down, demoli+i-^i, and remo- val of the said walls, chimneys, or buildings by the said Inspector, shall not exempt the party on whom notice shall have been served as aforesaid, from the hereinafter imposed penalty. Sec. 33. The expense of pulling down, demolish ibid, ing, and removing any such dilapidated or ruinous. Walls, Chimneys, and Buildings, whensoever in- curred by the said Inspector, may be recovered with costs in the Recorder's Court, from the owner, or the person in possession or having charge of the said dilapidated or ruinous Walls, Chimneys, or Buildings, refusing or neglecting to pull down or demolish the same as aforesaid. Sec. 34. Whereas serior j accidents have occurred, public buil- and much danger may be apprehended from the '^',"^^'°^*^® want of proper precautions being taken to prevent with means the loss of life by fire in Public Halls, Churches, or egress' oTas- other Buildings wherein large assemblies usually semblies in ° ° ■' case of acci gather : Be it therefore enacted, that no Lecture dent. mm ni \mi I .^^ IP m I 124 Proviso. Duty of Ins- pector of Buildings. Penalty. BY-LAWS. Hall, Theatre, Concert or Ball Room, Church, or other like Building in the said City, shall be used for the convening of assemblies of more than one hundred persons, unless the same be so constructed as to offer adequate means for the safe egress of such assemblies, in case of any accident by fire, and un- less the proprietor or party in charge of the above mentioned Buildings shall have obtained a certi- ficate to that effect from the Inspector of Buildings: Provided that in all cases the entrance doors to such Lecture Halls, Theatres, Concert or Ball Rooms, Churches, or other Buildings shall be of adequate dimensions, and so made and affixed as to open exteriorly. Sec. 85. It shall be the duty of the Inspector of buildings to examine each and every Lecture Hall, Theatre, Concert or Ball Room. Church, or other building as aforesaid, and to notify the owner or person in charge of the same, by a written or prin- ted notice, to comply with the provisions of the next preceding section of this by-law, within a reasonable delay, not to exceed however thirty days ; and any such owner or person in charge of the said buildings who shall refuse or neglect to comply with such provisions, within the delay afo- resaid, shall be liable to the following penalty. Sec. 36. Any owner, builder, or other person who shall own, build, or aid in the erection of any buil- ding or part of building within this City, contrary to, or in any other manner than authorized by the provisions of this By-law shall be liable to a fine not rtzceeding twenty dollars and costs of prosecution ".id to an imprisonment not exceeding two months BY-LAWS. 125 for each offence. If any person shall violate any other provision of this by-law, he shall be subject to the same penalty. No. 32. By-law to regulate the sale and measure- rement of Coal. (Passed 15th March 1870.) Sec. 1. All Anthracite Coal which shall hereafter Anthracite be sold in this City, shall be sold by weight ; and sold by the ton of two thousand pounds avoirdupoids weight ^^^S^^- with its parts and proportions, shall be held as the weight by which the same shall in all cases (except by cargo) be sold. Sec. 2. On or before the delivery of such Coal, so ibid, sold, it shall be the duty of the seller thereof, unless otherwise mutually agreed upon, to cause the same to be weighed by one of the public weighers herein- after designated, and a certificate of the weight thereof, signed by the weigher, shall be delivered to the buyer, or his agent, at the time of the delivery of such coal ; a duplicate of which certificate shall also be delivered to the seller, or his agent, if required. • Sec. 3. No person engaged in the business of sell- Sellers of ing Goal shall act as a weigher under the preceding act as weigh- section. ®''^' Sec. 4. Any person who shall offend against the Penalty. provisions of either of the foregoing sections of this By-law, shall for each and every offence, be liable Cortificate ol weight. "i«- "f ;J ■■.i''",t m' '('! II •tn f ilf ■ I ill' 3 126 Who shall act as weigh- ers. Fees for weig hiiig coal. Weighers shiill submit reports, etc. BY-LAWS. to a fine not exceeding- twenty dollars and costs of prosecution and to an imprisonment not exceed- ing two months, for each oft'ence. Sec. 5. The Clerks of the several Public Markets in this City, with the exception of the Bonsecours and St. Lawrence Markets, shall be, and they are hereby authorised to act as weighers of such Coal, and to receive, on behalf of the said Council, the fees hereinafter mentioned. • Sec. 6. The following shall be the fees which the said weighers shall be entitled to receive for the weighing of Coal as aforesaid, viz : For every load of Coal, not exceeding fifteen hundred pounds in weight, — Five cents. For every load of Coal, exceeding fifteen hun- dred pounds in weight, — Ten cents; which said fees shall include the certificate (in duplicate) of the weight of such Coal, and shall be paid by the seller thereof; and the said certificate shall contain the gross weight, the tare and the number of the vehi- cle in which the same was weighed. Sec. 7. The said weighers shall submit to the City Clerk quarterly reports of their doings, in which shall be stated the number of tons and fractions of tons of coal weighed by them respectively, together with the amount of fees received, of which fees they shall make weekly returns to the City Trea- surer. BY-LAWS. 127 Ions oi rether Trea- No. .33. By-law concerning Dogs. (Passed 15th March 1870.) Sec. 1. Every owner or keeper of a dog in the Dogs to bo li- City of Montreal shall annually, on or before the thirtieth day of May, cause it to be registered, num- bered, described and licensed for one year from the first day of the month of June, in the Office of the Chief of Police of the said City : and shall cause it to wear around its neck a collar, to which shall be attached, by a metallic fastening, a circular metallic plate, having raised or cast thereon the letters C. T. P., and the iigures indicating the year for which the tax has been paid, and number corresponding with the number of the Registry on the book in the Office of the Chief of Police ; and the said owner or keeper shall pay for such, license Two Dollars for a male dog and Three Dollars for a female dog. Sec. 2. The Chief of Police shall issue the said Chioiot Poli- 1 . T , n . CO to issue h- license, and receive and pay the money therefor m censo. the City Treasury. Sec. 3. Any person becoming the owner or Persons be- keeper of a dog, not duly licensed, after the thirtieth crs"o"^unii- ' day of June, shall cause said dog to be registered, sensed dogs. numbered, described and licensed until the first day of the month of June, after the ensuing year, in the manner and subject to the terms pre^ribed m the tirsi- section. Sec. 4. The Chief of Police shall, from and after Unlicensed the first day of July, cause to be killed or destroyed kili.-d. all dogs found going at large in the said City not Fee. ki^ I i 128 Valuable dogs may he impounded if unlicensed. Licensed dogs to be ac- companied by their own- ers. Persons whose dogs are complain- ed of, to be proceeded against. BY-LAWS. licensed and collared according to the foregoing provisions. Sec. 5. The Chief ^f Police may, in his discretion cause any valuable dog remaining at large in any street uncollared and unlicensed, to be impounded in any of the public pounds for forty eighi hours, during which the owner of said dog may recover the same on payment of fifty cents, besides the cost of the license ; if not reclaimed within that time such dog may be destroyed or sold, and the proceeds of such sale paid over to the City Treasurer. Sec. 6. Any licensed dog found running at large in any street, unaccompanied by its owner, may be taken up by the Police and impounded, of which notice shall be given to the owner of such dog, who may recover the same on payment of a fine of fifty cents. Sec. 7. On complaint being made to the Chief of Police of this said city, of any dog, licensed or unli- censed, within this said city, which shall, by bark- ing, biting, howling or in any other way or manner disturb the quiet of any person or persons whomso- ever, the Chief of Police, on such complaint, shall issue, or cause to be issued, notice thereof to the person keeping or permitting such dog to be kept, or the owner thereof ; and in case such person or owner shall, for the space of three days after such notice, neglect to cause such dog to be removed and kept beyond the limits of the city, or to be destroyed, he shall be liable to a fine not exceeding twenty dollars and costs of prosecution, and in default of immediate payment of the said fine and costs, the defendant may be imprisoned in the common gaol ~mm m I-:., BY-LAWS. 12^ for a period not exceeding two months, the said imprisonment to cease upon payment of the said line and costs ; provided, however, that the Recor- der's Court, before which such complaint shall be heard and tried, shall be satisfied that such dog" had, in manner aforesaid, disturbed the quiet of any per- son or persons in the said city. Sec. 8. If any person after being convicted under nogs to be the provisions of the next preceding section of this certain cases. By-Law, shall still neglect or refuse to destroy his dog, on being ordered so to do, it shall be the duty of the Chief of Police to cause such dog to be des- troyed. Sec. 9. Whenever information may be given to Mads dogs, the Mayor of the city that a mad dog has been seen running at large in any part of the said city, or in any part of the parish of Montreal, or whenever it shall appear to the said Mayor that there is reason to apprehend danger to the safety of citizens, from mad dogs, it shall be lawful for the said Mayor, and he is hereby authorized to give public notice, enjoining all persons in the said City of Montreal to confine j^^^^^q ^v the their dogs, or muzzle them in such a manner, as Mayor, that they shall be totally unable to bite ; and that, during a space of time, which shall not exceed two calendar months, to be computed from the date of the publication of the said notice ; and the said no- tice shall mention the time at v, hich the confinement or muzzling of the said dogs shall cease. Sec. 20. It shall be the duty of the Chief of Police Dogs found to cause to be destroyed all dogs that may be found be kilfed^** **" m m 180 Penalty. Inlerpivta- tion. Repeal of former provi sions. BY-LAWS. running at large, or wandering in any part of the said city, not muzzled, in the manner required by the preceding section of this By-Law, after the pu- blication of the said notice, and while the said no- tice shall continue in force ; and each and eveyy owner, master or person in charge of, or that usual- ly hai-bours any dog which shall be found running at large, or wandering in any part of the said city, without being muzzled in the manner aforesaid, after such notice shall be published, and while such notice shall continue in force, shall be liable to a fine not exceeding twenty dollars and costs of pro- secution and to an imprisonment not exceeding two months, for each offence. Sec. 11. All persons who shall violate, or fail to comply with any of the provisions of this By-Law, to which no penalty is attached in any preceding section of this By-Law, shall be liable to a fine not exceeding Twenty Dollars an: costs of prosecution, and in default of immediate payment of the said fine and costs, the defendant may bo imprisoned in the common gaol for a period not exceeding two months, ths said imprisonment to cease upon payment of the said fine and costs* Sec. 12. The word '"Do!';" wherever used in this By-Law, shall be conslnied and taken in its general sense, and embraciiv::^ iuy ^lumber of dogs owned or kept by each indis'idual. Sec. 13. The I3y-Law chapter thirteen of the Con- solidated By-Laws of the Council of the City of Montreal, and section twenty-four of By-Law chap- ter six of the said Consolidated By-Laws are repea- led. BY-LAWS. 181 M No. 34. mi m ity of chap- repea- By -law concerning the organization of the Fire Department. [Passed nth March 1870.] Sec. 1. The Fire Department of this City shall be I'iro Depi. under the direction of the Fire Committee of the .linction. Council. Sec. 2. The Fire Department of this City shall be iiow consti- composed of the undermentioned officers and men, '"'' who shall be known and designated as follows : — One Chief Engineer, One Assistant Engineer, One Hosemaker and Cleaner, Nine Guardians, Twenty one Assistant Guardians, who shall be called the " City Fire Police, " and as Firemen shall be entitled to all the privileges, im- munities, and exemptions as by law established. Sec. 3. There shall be a permanent establishment Permanent of nine Stations, to be numbered from one to nine, meS o?sta- in each of which there shall be placed such a por- *'ons- tion of the Fire Department as the Fire Committee may, from time to time, determine, who shall perform all the duties required of them, and especially the protection of property from fire, and the watering of the streets. Each Station shall be supplied with the necessary apparatus and equipment of horses, hose reels, carriages, ladders, axes, torches, etc., etc. Sec 4. It shall be lawful for the said Fire Com- Number of mittee, having first obtained the consent of the be increased. 'W' m: iii'-^ tili:i :s 8|i il 'H? 1 1 1 iim' I A tt !-H B;sii'' 132 Giianlians, Ac, to form one company Appoirit- innnls liow made. I'roviso. •l»av of llio for. 3. Register to hp kept. BY-LAWS. Council therefor, to add to the present establish- ment by increasing the number of Stations with men and equipments, should the increase of the city hereafter make such extension necessary. Sec. 5. The Guardians, and Assistant Guardians, shall form one Company of Fire Police as aforesaid, consisting- of nine sections, and shall be employed to operate Fire Engines, Hose, Hooks, Ladders, Axes, etc., according to the exigencies of the service, and under such llules and Regulations as may be established by the Fire Committee. Sec. 6. The appointment of the Chief Engineer shall l)e made by the Council, but the appointment of Assistant Engineer, Guardians, and Assistant Guardians shall be made by the Fire Committee ; and the said Fire Committee may at any time sus- pend or dismiss from the force any of its members (with the exception of the Chief Engineer) who shall be remiss or negligent in the discharge of his duty, or otherwise unfit for the same : Provided, that the power so granted to the Fire Committee of appointing, suspending or dismissing, may be exercised by the Chief Engineer whensoever au- thorized so to do by the concurrent majority of the said Committee. Sec. 7. The City Council shall fix the compensa- tion be paid to the Chief Engineer, Assistant En- gineer, Hose-maker, Guardiaiis, and Assistant Guar- dians. . Sec. S. The Chief Engineer shall keep, or cause to be kept, a Ilegister showing the name of every officer and man under his charge in the Depart-, BY-LAWS. . 133 ment, and shall certify the time served, to the Fire Committee, who shall order a warrant or warrants to be drawn on the City Treasurer for the amount due according to the rates fixed by the said Coun- cil. Sec. 9. The City Fire Police shall be sworn as Firo Police to Special Constables, for the purpose of assisting in special cons- the maintenance of order in the City, at all times, tables. and more particularly at fires. The Chief of the Fire Department shall have rank in the Police Force as Sub-Chief, the Assistant-Chief as Sergeant, and the men as Sub-Constables. Sec. 10. Any person who shall obstruct any mem- Penalty for ber of the City Fire Police in the performance of iir3nlen.'"^ his duty as fireman, or shall maliciously cut or in any. way injure or damage any portion of the hose, hose reels, fire engines, ladders, or other fire appa- ratus, shall be liable to a fine not exceeding Twenty Dollars, and costs of prosecution and to an imprison- ment not exceeding thirty days for each offence. Sec. 11. The Stations, and the Dwellings connect- stations, Ac, ed therewith, shall be under the immediate con- control. trol of ihe Fire Committee, and subject to such or- ders as they may deem advisable, iii the interest of the Department. Sec. 12. The Fire Committee are hereby authori- RiUos and re- zed and required to make and establish such rules '^" ^ '°"^' and regulations (to be styled " Rules of City Fire Police") for the government of the members of the Fire Department, as may be deemed expedient and proper, to carry out the objects of this by-law. The said rules may prescribe the duties, classification. I t'l -1' 1 i 1 I'M urn ;.r*j M* ,;!i .;-"' ■'A fi *" - f ■ i1 ■^Ml •I'; t'f '.'.Him ,.i-rt f!* Um -■ft;'-;-'* ''.'■ A, ;i :*fl '''tfl!! M 'ifilli'l mml K J ': ':• vl ; *tl .,, . J i illi m^ 134 Ibid. BY-LAWS. particular service, or distribution of the several offi- cers and men, and may provide penalties and for- feitures, such as suspension from pay, fine, (not to exceed one week's pay) and reprimand, as may be deemed necessary and expedient for the proper re- gulation of the ditferent portions of the Department. kSec. 13. All the Rules and Regulations made iu pursuance hereof shall be in writing, and fyled in the office of the City Clerk, and shall be binding on afl the officers and men connected with the Depart- ment after notice thereof A written or printed co- py of such Rules shall be delivered to each member of the Fire Department, and copies shall be posted conspicuously in each Fire Station, and such deli- very and posting shall be deemed sufficient notice of the making thereof to the members of the Depart- ment. FIRE ALARMS. Fire Alarm Tolegraph Telegraph Operators. Sec. 14. Alarms of fire shall be communicated to the Central Office, and from said office to the seve- ral Stations, by Electro-Magnetic Telegraph. Sec. 15. There shall be one Chief Operator and Superintendent and not less than two Assistant Operators, appointed by the Fire Committee, who shall be charged with the working of the Fire Alarm establishment, under rules and regulations to be fixed and determined by the Fire Committee ; the said Chief Operator and Superintendent shall also have charge of the repairs of the Police and Water Department branches ; the outlay for such re- pairs, as well as the proportionate cost of working BY-LAWS. 135 v\\. the said lines, to be chargeable to those respective Departments, Sec. 16. The compensation to be paid the Chief Their pay. Operator and Assistant Operators shall be fixed by the City Council. • Sec. 17. The Chief of Police shall be furnished Policemen to with keys to open the Alarm Signal Boxes for the wiih"kevs "^ use of the officers and Constables of the force, for the purpose of communicating alarms of fire in ac- cordance with such directions as shall be issued from time to time by the Superintendent of the Fire Alarm Telegraph ; and it shall be their duty to com- municate such alarms whenever they shall have re- liable information that a fire has occurred or is in progress. Sec. 18. No person shall open any of the Signal Penalty agsi. Boxes connected with the City Fire Alarm Tele- l"^':^onsiiitei- •' I'Ting Willi graph, for the purpose of giving a false alarm, orljoxes, \c. shall in any way interfere with the said boxes by breaking, cutting, injuring, or defacing the same, or shall turn the cranks therein, except in case of fire, or shall tamper or meddle with the said boxes or shall cut or injure any pole or wire connected with the said Fire Alarm Telegraph, under a Penalty not exceeding Twenty Dollars, and costs of prosecu- tion, and an imprisonnement not exceeding Thirty days, for each olfence. Sec. 19. All the provisions of Article first of By- Law chapter fifteen of the Consolidated By-Lays of the City of Montreal, passed on the tenth day of May, one thousand eight hundred and sixty-five, are hereby repealed. :it*- ^»*H| ,r( f" I! , li'i tm ifii:' m m\ 186 BY-LAWS. ,itf •V V \f' .j.tiii i^i'k- Standard cord to con- sist of. Licensnd Lordors. Inspector of tirowood, his duties. No. 35. By-law concerning Firewood. {Passed 15th March 1H10) Sec. 1. The standard cord of Firewood shall be eig'ht I'eet in length, four feet in height, and three in depth, French measure, from point to scarp, or shall consist of ninety-six cubic feet. Sec. 2 It shall not be lawful for any person to cord wood for hire unless he shall have iirst obtai- ned a license from the Inspector of Firewood [here- inafter named], for which he shall pay the sum of One Dollar, which license shall be renewed every year on payment of the same sum. Licensed Cor- ders shall be entitled to receive for the cording of every cord of wood, a sum not exceeding five cents, and shall use approved and stamped mea- sures and no other, and shall allow no crooked limb, or unsound wood to enter into the cord. Sec. 3. The Chief of Police is hereby appointed Inspector of Firewood, and his duties in that capa- city shall be to oversee the Corders, and decide cases of dispute, as to the sale, measurement, or de- livery of Firewood ; he shall also attend at certain fixed hours at his office, to issue licenses, as before ordained, receiving the fees and accounting there- for, monthly to the City Treasurer ; he shall keep a register of the number of licenses, the names and residences of the parties receiving them, and shall report for suit, before the Recorder s Court, any cases of misconduct or of infraction of this By-law ; m BY-JiAWS, 18T and the Sub-chiefs and Sergeants of Police are here- by appointed his Deputies, with full power to act in his absence, under his direction. Sec. 4. It shall not be lawful to sell, in this City, I'lrewood in .• 1 . 1 i-i. XI. X J small quanli- any b ire wood in a less quantity than two cords, ties to be unless it be measured in a frame duly approved ™fr^a^,ne^'* '" and stamped by the Inspector of Firewood ; for do- ing which he shall receive the sum of twenty -five cents ; the said frame to be eight feet long, four feet three inches high, in the clear ; and itB divi- sions, if any, to be accordingly. Sec. 5. No Firewood shall be sold in any market All firewood or public place in this City except by the cord, or ule cord. parts of a cord ; and any Firewood sold or offered for sale otherwise shall be seized and confiscated by the Inspector of Firewood or Clerk of any market, in the presence of one or more respectable witnesses. Sec. 6. Nothing herein enacted shall be deemed Govornmem wood except •^ to have effect as to Firewood the property of Her od. Majesty's Government. Sec. 7. Any person offending against any of the pro- Penalty visions of this By-law shall be liable to a fine not ex- ceeding twenty dollars and costs of prosecution and to an imprisonment not exceeding two months,, for each offence. m «>»*)( ■■■«:■; a.'l i- it >'^'"U 138 BY-LAWS. i';' No. 36. iik .i.;|s ''^..4i! Observance of the Lord's day. Taverns to be closed on Sunday. Gaming, playing cards, iVc. prohibittii By-law concerning Offences against good Morals and Decency. [Passed Ibth March 1870.] Sec. 1. No Merchant, Trader, Petty Chapman, Peddler, Hotel or Tavern-keeper, or any other per- son keeping a house or place of public entertain- ment within the limits of the said City, or any other parson hall be allowed to keep open their places of i' ^, and expose for sale, or be per- mitted to sell or retail on the Lord's Day, commonly called Csinuliy, any j^oods, wares, merchandise, wines, spirits, Oi oi\ni" scror g- or intoxicating liquors ; or to purchase or drink the same, in any store, shop, hotel, tavern, house or place of i)ublic entertain- ment, within the limits of the said <^'ity. Sec. 2. No person shall be allowed to open, or keep open any Dram-shop, Tavern, or other place of the same description within the said City, during all the time that will elapse between eleven o'clock in the evening, on each Saturday, and the Monday morning next following. Sec. 3. Every description of Gammg, and all Playing of Cards, Dice, or other Games of Chance, with Betting, and all Cock-fighting and Dog-fight- ing are hereby prohibited and forbidden, in any hotel, restaurant, tavern, inn, or shop, either licenced or unlicensed, in this said City; and any person found guilty of Graming, or Playing at Cards, or any other Grame of Chance, with Betting, in any if: '*■ BY-LAWS. hotel, restaurant, tavern, inn, or shop, either licensed or unlicensed, in this said City, shall be subject to the penalty hereinafter provided. Sec. 4. In order the more effectually to repress the offences above specified, — every Police Officer or Constable is hereby authorized to enter each and every shop, hotel, dram-shop, tavern, house, or place of public entertainment within the said City, and to arrest therein, on view, any person or per- sons found guilty of any of the offences aforesaid. Sec. 5. No person shall swim or bathe in the River opposite or adjacent to the said City, or the Canal, or other waters adjacent to any of the bridges or avenues leading into the City, so as to be exposed to the view of the inhabitants. Sec. 6. No person shall ill-use or cruelly treat any animal within the said City, either by unneces- sarily or mercilessly beating, or by over-loading or over-driving it, or by carrying or transporting it, or by exhibiting or exposing it for sale in an im- proper manner or one unnecessarily painful, vexa- tious or dangerous to the said animal, or in any other manner or way whatsoever. Sec. 7. No person shall expose in any of the streets, squares, lanes, highways, or other public places of the said City, any table or device, of any kind whatsoever, upon which any game of chance or hazard can be played ; and no person shall play at any such table or device, or unlawful game, in any place as aforesaid. Sec. 8. No person, w^ithin the limits of the City of Montreal, shall keep any musical saloon or establishment wherein intoxicating liquors are 139 Polico ofti- cers author- ized to enter liouses, Ac. Ralliing op- posito the City, prohibi- lod. (]ruelty to animals. ,■•"<'■ '■A I'M ,,, l4 , f ;i. » Tablfs for gaming upon in the streets . \ l)rohibitL'd. Musical saloons pro- hibited. i ax AmA ''«r^l 140 BY-LAWS. sold, and wherein instrumental music or singing, or both, are used as a means of attracting cus- tomers. I'erwity. j^g^ 9 j^jjy person offending against any of the provisions of this By-law shall be liable to a fine not exceeding twenty dollars and costs of prosecu- tion and to an imprisonment not exceeding two months, for each offence. v^fw Ijilr'l ' Bonn! of Health estnb- lished. How consti- tuted. No. 37. Bv-law to Establish a Board of Healtli in the City of Montreal. [Passed! 5th March ISIO.] Sec. 1. A Board of Het^th is hereby established and constituted in and for the said City of Montreal. Sec. 2. The said Board of Health shall consist, at all times, of the Mayor of the City of Montreal for the time being, and of the Members of the Health and Police Committees of the City Council for the time being ; and five of them shall at all times constitute a quorum to hold meetings and transact any l)usi- ness relating to public health. To be increa- Sec. 3. Whenever it shall appear that the City of epdem*ia '^ ° Montreal isthreatened with any formidable epidemic, endemic, or contagious disease, it shall be competent to the City Council, by a resolution to that effect passed at any special or quarterly meeting of the Council, to temporarily increase the number of Members of the said Board of Health, and to appoint "'j" ml BY-LAWS. 141 Irom time to time, and at all times as aforesaid, an additional number of persons, not less than nine nor exceedinj^ eighteen citizens, inhabitants of the City of Montreal, to be assistant members of the said Board of Health, for a period of time to be expressed in and limited by the resolution appointing them ; and during such period such persons so appointed shall, to all intents and purposes, be and remain Members of the said Board, but shall cease to be Members thereof at the expiration of the said period, unless re-appointed. Sec. 4. The said Board of Health is hereby em- Powers of the powered to adopt and enforce all sanitary measures " relating to the cleanliness of the said City ; and the said Board and every member thereof shall have power to enter, at all hours in the day time, all Houses, Sheds, Yards, Vacant Lots, and Premises of any kind whatsoever in the said City of Montreal, and order the removal of any offensive matter found therein, and order such cleaning, draining, and puri- fying as may be deemed necessary for the protec- tion of the public health, and also to enter any Boarding House and Lodging House, and command the removal of persons lodging therein, where the rooms are over-crowded or filthy, or unwholesome, for want of proper ventilation. Sec 5. The said Board of Health, during the in case of prevalence of any epidemic, endemic, or contagious ^P"^®™"'- disease, shall have also power and authority to prevent the entry into the said City of Montreal of all strangers or emigrants, and all baggage belong- ing to them, when the appearance of either indicates danger to the public health : to adopt measures * t lid l^-' 1,1 )■<€ U I;.-' :ii n : :..n I'.l ;i I m ''Iff |f^ *•» ':.r.'» :M'' ilM I.'' 142 BY-LAWS. Wj^ *i;!'H*: ;( 'I ■ i»'fi#!')i''- Mayor to preside. lor purifying, draining, and cleansing' of all streets and premises in all ways that may be deemed requi- site to preserve the health of the City, and to appoint such Health Olficers as may be deemed necessary for superintending or carrying out the orders of the said Board of Health, and to enforce the Rules, Kogulations, and By-laws of the Council of the said City of Montreal relative to nuisances : to adopt prompt measures to prevent the spread of any epidemic or contagious disease, when it shall appear by a report of a Physician that any person within the City is alllicted with a disease of that character. To forbid and prevent all communication between any part of thi City so infected, except by means of Physicians, Nurses, or Messengers, to carry the necessary advice, medecines, and provisions to the afflicted : to cause any avenue, street, or other passage, to be fenced or enclosed, and to adopt suit- a})le measures for preventing persons from going to, or coming from anypart of the City so enclosed : to put itself in communication and in concert with the proper authorities or private institutions and individuals having charge of emigrants on their landing and passage through the Province, the Trinity House, the Harbour Commissioners, and the Board of Works, to establish a place of refuge, or Hospital, in or out of the limits of the City, for poor or sickly emigrants. Sec. 6. The Mayor of the City shall, when present, preside at all meetings of the Board of Health, or, in his absence, the Chairman of the meeting shall be chosen from among the Members of the Health and Police Committees present. BY-LAWS. 143 Sec. 7. Whenever from time to time the Statute ^oca' ,»oard ot Health. of the Provincial Parliament, passed in the 12th year of the Reign of Her Majesty Queen Vic- toria, being chapter thn 8th, and intituled " An Act to make provision fc the Preservation of the Public Health in certain emergencies." shall, by proclamation of the Governor of the Province, be declared to be in force ; and whilst it jhall so conti- nue to be,so as to require the nomination and appoint- ment for the City of Montreal of a Local Board of Health, the Board of Health, hereby constituted shall become and be, and the several and respective Members thereof shall act as *' The Local Board of Health for the City of Montreal," and shall carry out and enforce the directions and regulations of the Central Board of Health, and exercise all the powers of Health Officers conferred by that Statute on the Members of the Local Boards of Health. Sec. 8. Any person or persons disobeying the Penally. orders of the said Board of Health, or of any member of the said Board, or refusing to comply with such orders, or opposing the same in any manner what- soever, or preventing any Member of the said Board of Health from entering into any house, or on any premises, or assaulting them in the execution of the powers and duties imposed upon them shall be liable to a line not exceeding twenty dollars and costs of prosecution and to an imprisonment not exceeding two months, for each offence. 1 ■ :' In ■li f 1 ■1*1 ;ii lift'"!" ^'?i m ;•' H^ii J '■■in t! 144 BY-LAWS. No. 38. f H'i mi. ifiii lli<>'' Milk vondi'f; lo tnkt! out liCf'llSC. Chief of Poli- ce to issiio 11- censes. fiogislor lo 1)1' kejit. m f'l •■i ' ', Measures to be stamped. P Adull orated Milk prolii- bited. By-law C()ii(3erniiig tlio Sale of Milk. {Pasnerf, 15 /A March 3 870) Set;. 1, No person shall sell milk in this city unless such person shall have obtained, i'rom the Chief of l*olice, a license to that effect, for which such per- son shall pay the sum of one Dollar ; which said license shall be renewed every year, on or before the Thirtieth day of May, on payment of a like sum ot one Dollar. yec. 2. The Chief of Police is hereby appointed Inspector of milk, and it shall be his duty to see that the provisions of this By-Law are carried out ; he shall issue licenses, as l)efore ordained, receiving the fees, and accounting therefor to the City Trea- surer ; he shall keep a register of the number of li- censes, the names and residences of the parties re- ceiving them, and shall report for suit, before the llecorder's Court, any cases of infraction of this By- Law ; and the sub-Chiefs and sergeants of Police are hereby appointed his deputies, for the purposes of this By-Law, with full power to act in his absence. Sec. 3. All measures, cans or other vessels used in the sale of milk shall be stamped according to law. Sec. 4. No person shall sell milk produced from Cows fed upon any substance deleterious to the quality of milk, nor shall any person adulterate by water or otherwise, milk to be sold in this City, or sell or cause to be sold in the said city adulterated, unwholesome or diluted milk ; and any person in BY-IiAWS. 145 the t'luployirn'iit ol" aiiolhcr, wlio sliiill kiiowiuirly violate any provision of this sootion, shall Ix' held equally i^iiilty with the principal, and suH'er the same penalty or punishment. Sec. 5. The Chief of Polici* or his deputies, as I'^ii't- amho- aforesaid, may, and they are li(»rel>y aulhoriscul, to pr!:'n\'J(''l!^\c, enter any place or premises whcn'e milk is stored or kept for sale, and to stop and inspect all vehicles used in the conveyance of milk, and whenever they have reason to believe any milk found therein is adulterated, they shall take specimens thereof and cause the same to be analysed or otherwise satisfac- torily tested, and they shall preserve a certiiicate of the result of said analysis or test, sworn toby the analyser or tester, to serve as evidence in the prose- cution. ■| M :M\ Ml sed in law. from lo the ite by ity, or Irated, )n in iSec. 6. It shall be the duty of the Inspector of Nanvsnr Milk to cause the name and place of business af all ht'il,rthis'' persons coiivicted under the precedini? Section to 'iv-|^«wiobe ^ 1 imlilishofi. be published in the newspapers in which the ad- vertisements of the Corporation of the said City usually appear. Sec. 7. Any person offending aq-ainst any of the ivnaiiy. provisions of this By-law shall be liable to a line not exceeding twenty dollars and costs of prosecution and to an imprisonment not excedinq' two months, for each offence. .•'■1 i,fi''-:> 1| rf' ■ ]\' mi H ,!■ ' 146 BY-LAWS. No. 39. Bv-ljiw concerning; Xuisanccs. m pi til il Vacant lots lo bo enclosed. After filteon davs notice. {Passed loth March 1870) Sec. 1. Every lot of land whereon no building is erected, on the line of any public street or lane in this City, shall be, on the line of such street, enclo- sed with a stone or brick wall, or with a wooden fence, at least six feet, French mesure, in height, above the level and on the line of such street, as fixed and determined by the City Surveyor, with posts properly put up, so that the said lence shall not lean over or encroach upon the said street or lane. • • Sec. 2. Every proprietor of such vacant lot of land, or his agent, or the person having or assuming the care of such lot of land, or any occupant thereof shall be bound to make and erect, or cause to be made and erected, such wall or fence within fifteen days after such proprietor, agent or occupant shall have been notified so to do by the City Surveyor or his Deputy, under the penalty of a fine not exceed- ing twenty dollars and costs of prosecution and an imprisonment not exceeding two months, for each offence. CitySurvoynr Sec. M. It shall be the duty of the City Surveyor, in ( rtain ca- ii such lot of land be not enclosed, as above stated, '"'^- within the delay hereinl)ofore fixed, or in case the proprietor thereof can not])e found, to cause the said lot to 1)0 enclosed with a wooden fence at the cost BY-LAWS. 147 and charge of the propriotor or tho person having- or assuming- the caro there* f Sec. 4. Whenev'.'r there shall be on any lot of land ^'""^ iiavini: ni the said City of Montreal siag-nant or putrid wa- wv, \c., iob«! ter, or any lllthy, infected or putrid matter, or the '''"""'^ • said lot shall be oll'ensive or dang-erous to the public health, it shall be the duty as well of the occupant as of the proprietor of the said lot, or the agent of the proprietor thereof, or of any person having" or assuming the charge thereof, to lill up, level or drain the same, as the case may be, or to remove the olfen- sivc, infected or putrid matters thereon, without the necessity of a notice to tliatetlect; aiidany such proprietor, agent, occupant or person having the charge of the said lot, who shuU neglect during- two days to remove and abate such nuisance shall be liable to a fine not exceeding twenty dollars and costs of prosecution and to an imprisonment not ex- ceeding- two months, for each ollence. Sec. o. It shall be the duty of the City Surveyor city surveyor after the expiration of the delay prescribed for the [-uu.,. i," Jiot removal or al>atement of such nuisance, to cause to "'j'^it'd. be done on the said lot of land, at the cost and char- ge of the proprietor, or the person having or assu- ming the charge of the said lot, whatever may l)e necessary for removing or otherwise abating the said nuisance, either bv causing drains to be made there- on or by filling ap the said lot, or by removing or otherwise abating the offensive, infected or putrid matters. Sec. G. No person shall, in any manner, carry, Pcn.iity fnr convey, deposit or place, or cause to be carried, con- l/uisaiu'"s! veyed, deposited or placed into, or upon, any pre- \m '.■I -I m m ..,*i 3 i: » f' ■ 1 148 BY-LAWS. 51^ U it mises, or lot of land, in this City, or into, or upon, any public square, street, lane or other place what- soever in this City, any dead carcass, ordure, filth, dirt, dust, or any ofTensive matter or substance what- ever; and no person shall commit any nuisance, or cause or permit any such to be committed, into, or upon, any such premises or lot of land, public square, street, lane, or other place whatsoever in this City, under the penalty of a fine not exceeding- twenty dollars and costs of prosecution and to an imprisonment not exceeding two months, for each offence : Provided that nothing herein contained shall prevent the deposit of dust, rubl)ishj and the sweepings of streets and yards in those places with- in the said City, specially set apart by the Coun- cil for that purpose. In carting Sec. 7. In carting, carrying, or conveying any or- be dropped in dure, filth, dirt, dust, or any offensive matter or subs- street, tance whatsoever, through any public square, street or lane, no part thereof shall be allowed to drop or fall from the vehicle carting, carrying or conveying the same ; and for every offence against the provi- sions hereof, the owner of the said vehicle, as well " as the driver or person in charge thereof, shall be liable to a Fine not exceeding Twenty Dollars and costs of prosecution and to an imprisonment not ex- ceeding two months, for each ofl'ence. Sec. 8. If any person shall own, occupy or keep any lot of ground or other premises in such bad and filthy condition as to be offensive and a nuisance to the neighborhood or to any person or family, such person shall be su))ject to a Fine not exceedinu' twenty dollars and cost of prosecution and to an im- OffPHsive prpmisos. of the to Ulli in lltM Hi all be lirs and not ex- n- keep ad and anco to y, such coedhm' an ini- BY-LAWS. 149 Pen.iltv. prisonment not exceeding two months, for each of- Penalty, fence. Sec. 9. Any soap boiler, chandler, butcher, or Putrid subv other person who shall keej>, or collect, or cause to be kept or collected, any stale, putrid or stinking fat, grease or other matter, shall for each offence, be liable to a fine not exceeding twenty dollars and costs of prosecution, and in default of immediate payment of the said fine and costs, the defendant may be imprisoned in the common goal for a period not exceeding two months, the said imprisonment to cease upon payment of the said fine and costs. Sec. 10. Any owner or occupant of any tallow Soap racio- chandler's shop, soap factory, tannery, slaughter ch;injieH^, house, stable, or grocery, who shall suffer such esta- ^^^ blishments or premises to become nauseous, foul or offensive, shall be liable to a fine not exceeding twenty dollars and costs of prosecution and to an imprisonment not exceeding two months, for each offence. Sec. 11. Every occupant of a house in the said Varrls lo he City, shall keep the yard or premises therewith ^^^^ '^'®'^"' connected, in a clean state, and free from filth or offensive substances, and shall collect in one place, in such yard or yards, all the house dirt or offal, un- der a Penalty not exceeding Five Dollars and costs of prosecution for each offence : Provided that when the accumulation of such dirt or offal shall be equal to a load, or become offensive, it shall bo removed, under a like penalty. Sec 12. The occupant of any hous(» or l)uilding Dirty waior in the said City, who shall permit or cause to be Jils"^ * if' ■nHt«* \m uo BY-LAWS. 1 Ditto tlirowa into street. discharged, by any channel or gutter, or in any other way whatsoever, from such house or building, into any street, square, lane, or highway, in the said Ci- ty, any dirty or stinking water, or any thing that may cause public inconvenience or annoyance, shall for each offence, be liable to a fine not exceeding twenty dollars and costs of prosecution, and in de- fault of immediate payment of the said fine and costs, the defendant may be imprisoned in the common goal for a period not exceeding two months, the said imprisonment to cease upon payment of the said fine and costs. Sec. 13. Any occupant of any house or building in the said City, who shall throw, or permit to be thrown, any dirty water, ashes, soot, snow^, or ice, or any sweepings, rubbish, dirt or filth whatsoever, into any square, street, lane, or highway, in the said City, shall be liable to a fine not exceeding twenty dollars and costs of prosecution and to an imprison- ment not exceeding two months, for each offence. Sec. 14. Any i)orson who shall keep any swine, dogs, foxes, or other such animals on their premises, in the said City, shall maintain the houses, build- ings, or pens in which the same shall be kept in such a clean state that the neighbours and passen- gers may not be incommoded by the smell there- from, under a Penalty not exceeding twenty Dol- lars and cost of prosecution, for each offence. Dead animals Sec. 1 ">. The owuer of every animal that shall die or be found dead in any of the streets, squares, lanes, highways, or on any enclosed or unenclosed ground in the said City, shall immediately cause such animal to be buried, at least three feet beloW Swino, Ac, BY-LAWS. 161 the surface of the earth, under a penalty not exceed- ing twenty dollars and costs of prosecution for each offence : a)id any person who shall throw any such dead animal into any ditch, pond, canal, or stream or sewer, or in the river opposite the said City, shall be liable to. a line not exceeding twenty dollars and costs of prosecution and to an imprison- ment not exceeding two months, for each offence, and whenever the owner of such animal, or the per- son committing the offence aforesaid, caiinot be dis- covered, it shall be the duty of the Police Officer of the district to cause the removal of such nuisance. Sec. 16. It shall be the duty of the Chief Police, Police officers and of the officers and men under his command, to ^'^^^'^ Bv-Law. enforce or cause to be enforced, all the provisions of this By-law ; and for that purpose the said Chief of Police, and the said officers and men of the Po- Authority to lice Force are hereby severally and collectively ^ '^'^ P''*^""sfis authorized to visit and examine any house, lot, pre- mises, or building in this City ; and any person who shall obstruct, hinder or oppose them, or any of them Penalty. in the discharge of such duty, shall be liable to a ffne not exceeding twenty dollars and costs of pro- secution and to an imprisonment not exceeding two months, for each offence. No. 40. By-law concerning Sinks, Privies and Cess- Pools. {Ptmed im March, 1870) Sec. 1. The owner, auent, occupant, or other per- PHvlcs to he , . ., ,Y . , , connected son, having the care ol any tenoiu-Mit used as a with drains. fif «l i (i^ ii •i t».i :■ I '. 152 Privies. How coiistnicti'ii. In ciso tono- meiits fireuii- providoil witli privi 's. BY-LAWS. dwelling house, or of any other building with which there is a privy connected and used, shall furnish the same with a sufficient drain of glazed earthen tile under ground, to carry off the waste water, and also with a suitable privy or water closet : the privy vault shall be sunk in the ground and built in the manner hereinafter prescribed, and of a capacity proportionate to the number of inhabitants of such tenement or those having occasion to use such privy : provided always that in case no sewer exists in the street, then no drain from the cess-pool or privy shall be required. Sec. 2. All vaults and privies shall be construct- ed so that the inside of the same shall be four feet from the line of the adjoining lot. Every Privy- vault shall be made tight, so that the contents shall not escape therefrom. Sec. 3. If the Chief of Police or other officer ap- pointed for this purpose by the Board of Health shall at any time be satisfied that any tenement used as a dwelling house, or any other buiildingj as mentioned in the first section, is not provided with a suitable privy, vault and drain, or either of them as aforesaid, the said Chief of Police, or other officer may give notice in writing, to the owner, agent or person having the care thereof, or in case the owner, agent, or person having the care thereof is unknown or absent from the City, give public notice in one English and one French newspaper printed in this City, requiring such owner, agent, occupant, or other person, within such time as the said Chief of Po- lice or other officer as aforesaid, shall appoint, to cause a proper and sufficient privy, vault and drain. BY-LAWS. 158 or either of them, to be constructed for such tene- ment or other building ; and in case of neglect or refusal to obey such notice, the Chief of Police, or other officer appointed for this purpose by the Board of Health, shall have power to cause such privy, vault and drain to be made for such tenement or other building, the expense of which shall be paid by such owner, agent, occupant, or other person ; and in case such drain, vault and privy are con- structed as aforesaid for the use of more than one house, then the owner, agent, occupant or other per- son having the charge of each such house shall be liable to pay a proportionate part of such expense. Sec. 4. Whenever any vault, privy or drain shall I'rivios. become offensive or obstructed, the owner, occupant, sivo,iVo. agent or other person having charge of the land on which any such vault, privy or drain may be situat- ed, shall remove, cleanse, alter, amend or repair the same within such reasonable time after notice in writing to that effect given by the Chief of Po- lice, or his deputy, as shall be expressed in such notice. In case of neglect or refusal so to do, the Chief of Police, or other officer appointed for this purpose by the Board of Health, shall cui^e the same to be removed, altered, amended, or repaired as he may deem fit, at the expense of the owner, agent, occupant or other person as aforesaid. Sec. 5. No vault or privy shall be emptied be- Time fixed foi- tween the first day of June and the iiftoonth day of vies.^''"^''"''' September in each year, unless, on inspection cau- sed to be made, the Chief of Police, or other officer appointed for this purpose by the Board of Health, shall be satisfied of the necessity of the same, for the lim i I 'Sil ^ I M lii: 164 BY-LAWS. health of the inhabitants. In such case no more of the contents sha'l be taken away than they or either of them shall deem to be absolutly necessary for present safety and relief, and such precautions shall be used for the iDrevention of any offensive effluvia, as they or either of them shall direct, at the expense of the owner, agent, occupant or other person hav- ing" charge of the premises. Books lo bo Sec. 6. Books shall be kei)t at each Police Station st'i'iioiis Z\^^ under the charge of the head officer thereof, in appiicaiions, which shall be entered all applications for opening and cleansing vaults ; and the same shall receive at- tention in the several wards in the order in which they are made. All Vaults and Privies requiring cleansing shall be emptied between the first day of October and the first day of May in each year ; if not cleaned within the aforesaid dates, the occupant or owner of the premises on which such vaults and privies are situated, shall pay a fine not exceeding* ten dollars for neglecting to clean the same ; and in every such case the officer appointed by the Board of Health shall order the immediate cleansinjj of the said vaults and privies, the expense whereof shall be charged to and paid by the owner or occu- pant in default as aforesaid. The Board of Health shall fix a tariff of charges for services under this By-law. Sec. 7. The Chief of Police is hereby authorised to grant licenses to night Scavengers applying for the same, for which each applicant shall pay the sum of two Dollars ; which said licenses shall be renewed every year, on or before the thirtieth day of May, on payment of a like sum of two dollars. TarilTof char- ges. Chief of Poli- ce to license nighl scaven- gers. gir BY-LAWS. 155 rised ;' for ' tho 1 be Sec. 8. The night Scavengers who may be licen- i sed shall be governed by the regulations which may vfugJis. from time to time be made by the Board of Health. Charges for cleansing vaults and privies, under the provisions of this By-law, shall be paid to the Con" tractor according to such tariff as may be authorised by the said Board of Health. Sec. 9. All waste water shall be conveyed through Wastf water, sufficient drains underground to a common sewer, where one exists, in the street. Sec. 10. Each Scavenger shall be provided with Soavongoi-p a tight vehicle of approved pattern which shall be vohiciesrAo. completely covered in on all sides and at top and shall have the number of his license, and also the number of cubic yards which such vehicle is capa- ble of conveying, painted in black figures on a white ground, the figures to be at least four inches in size. And all such vehicles shall be of the same size and capacity, and the Chief of Police shall Register the number of each licensed vehicle and its capacity m cubic yards. Sec. 11. It shall be the duty of such Night Sea- Dutips of sca- vengers, when notified, to clean and remove the joflne" contents of vaults, and to deposit the same, where directed by the Chief of Police, and they shall dis- pose of the said contents so that no offensive effluvia shall arise therefrom. Sec. 12. No person shall cover over any sink or Privies, when privy that may be full, nor draw off the contents j^'^'^'J"', ["[.^^^ thereof into any hole or place dug or made to re- de- ceive the same. And the Chief of Police shall cause such matter so buried as aforesaid to be dug up and iUN li M" ...('f Ill'' Rt- ■ ' tell-' m P" 1 1^ 1 156 Dulif's oPsca- vcngoi's I'ui- llicr (icliiied. TaiitTof cliargos. I)uliosof sca- vonircrp. Ponallv. BY-LAWS. carried away at the cost ot the person so burying- the same. ►Sec. 13. It shall be the duty of the Licensed Sca- venger for each District to visit, at least once in each year, all the privies within his District. He shall have, for this purpose, the right of entry to private jiremises between the hours of seven in the morning and six in the afternoon daily — Sundays and holidays excepted — and he shall report to the Police any vaults or privies found in contravention of this By-law, and the officer appointed for this purpose shall, after ascertaining the correctness of such report, take the necessary action to have the same cleansed as aforesaid, or made to conform to this By-law. Sec. 14. The Night Scavengers shall be paid at the rate of so much per cubic foot, of contents of any such vault, or at the rate of so much per load. Sec. 15. No person other than a duly licensed night scavenger shall engage in such business or perform such duty. Sec. 16. The night scavengers having undertaken a work shall complete the same with all possible dis- patch, and shall make good all damage to any such Privy or Vault whilst cleaning the same, and shall, when the work is completed, restore the same to the condition it was in before the work was commenced. Sec. 17. Any person violating any of the provi- sions of this Bylaw, shall, for each offence, be liable to a fine not exceeding twenty dollars and costs of prosecution, and in default of immediate payment of the said fine and costs, the defendant may be im- IJY-LAWS. 157 tu prisoned in the common goal for a period not cxcecd- inj^ two months, the said imprisonment to cease upon payment of the said fine and costs. Sec. 18. The expenses incurred under this By-law K\|miisi>^. which are chargeable to the owner, occupant, or er.'d. other person in charge of the premises, shall be re- covered with costs in the Recorder's Court. 1' m if-\ proA'i- liable costs of [nent of be im* No. 41. By-law for the prevention of Fires. {Passed Voth March, 1870.) Sec. 1. No person or persons shall hereafter erect, ^iffm Engi- use or employ any steam-engine, soap and candle, tories, Ac or oilcake factory, india rubber, or oil cloth factory, slaughter house, dyeing establishment, tannery, brewery, distillery, gas factory, varnish factory, pe- troleum or coal oil refinery or ware-house, roofing composition factory, chemical works, alcohol recti- fying establisments, or other factories or establish- ments wherein work, operations or processes, is or are carried on, liable or having a tendency to en- danger property, or to affect or endanger the public health or safety, whithin the limits of the said City, without having first applied for and obtained per- mission and authority from the Council of the said City so to do. Sec. 2. Whenever an application shall be presen- Hcport to he ted to the said Council by any person or persons ailpiicaiion. desirous of obtaining leave to erect, use or employ, within the limits of the said City, any steam-engi- jlililif ill >!9 i m ■\s>. m II ii m riis %t I H '» 'i I 158 IJY-LAWS. ne, soap and caiidK', or oil or oil cako factory, India rubber or oil cloth factory, slaunhtcr house, dyeing establishment, butchery, tannery, brewery, distille- ry, gas factory, varnish factory, petroleum or coal oil refinery or warehouse, roofing composition fac- tory, chemical works, alcohol rectifying establish- ments, or other factories or establishments wherein work, operations or processes, is or are carried on, liable or having a tendency to endanger property or to affect or endanger the i)ublic health or safety, the Fire Committee, and the Inspector of Buildings the Health or Police Committee, as the case may be, shall, within a reasonable delay, make before the Council their respective reports on the merits of the said application, and the said Council shall then de- termine whether it is expedient to prohibit or per- mit such erection, use or employment : Provided, however, that in granting any such application the said Council may impose such restrictions and con- ditions as may be deemed expedient, as regards the character of the building in which it is proposed to use or establish a steam-engine or any ot the facto- ries hereinbefore specified, or the size and height of the chimney or chimneys in connection therewith. Public noticn fcJec. 3. Any person or persons hereafter desiring to bi^civciiof , , 1 , • f« . ' application, to erect, use or empfoy any steam-engine, factory or establishment of any of the kinds mentioned in the foregoing section, shall be bound to give at least ten days public notice of his, her or their intentio' ' apply to the said Council for leave so to do, i least two of the newspaj^ers published in this Ciiv in the English languagi^ and in at least two of the newspapers published in this City in the French li IJV-LAWS. 160 laiiguago, ill which the notices ol' the Council usually appear, which notice shall also be placarded on the front of the building or premises in which such engine or factory is to be used or established as aforesaid ; and no applicntion for leave to erector use any steam-engine, factory or esta])lishment of any of the kinds mentioned in the foregoing section, shall or may be received by the said Council, unless notice thereof shall )iave been given in the said newspapers, and placarded as aforesaid at least ten days before the time of making the said application, so that residents in the vicinity of the applicant, or the place where it is intended to erect, use or em- ploy the said engine, factory or establishment, and others interested, may be afforded an opportunity to oppose the granting of the said application, and time, if necessary, to be heard upon their opposi- tion. Sec. 4 Upon the receipt of any application for Pioimsos to leave to erect, use or employ any steam-engine, ^^'|; '"^P''^'^'^^' factory or establishment of any of the kinds herein- before enumerated, the Inspector of Buildings shall proceed to inspect the premises wherein it is in- tended to erect, use or employ the said engine, factory or establishment, and shall certify in writ" ing whether the said premises and the apparatus con- nected therewith, are in conformity with the law, and so made as not to endanger the surrounding pro- perty, or affect the public health or safety : a copy ci >vhich certificate shall be delivered to the appli- cant and another to the Fire Committee ; and for such inspection and certifi(!ate, the said Inspector is hereby ar liorized to ask and demand from each -«t'i 160 BY-LAWS. Ri'l ii ■i, h P h ■ ■* I'otroli.Miin, coal oil, \c. applicant a.s aforesaid, i'nv and on bt'hali' ol' the Cor- poration of this City, the sum of two dollars. Sec. 0. No person shall have, keep, sell, or manu- facture in any place or building- within the limits of the City of Montreal, any crude or refined petro- leum, earth or rock oil, benzole, benzine, naphtha, kerosene, coal oil or burning;- fluid, in larger quan- tity than live barrels in the ano-reivate, except it be kept in close iron tanks, or in dflnrhed and properly ventilated stores or ])uildinns specially adapted for that purpose, by havinjv raised sills or other contri- vances, so as eUectually to prevent the overflow of such substances beyond the premises where the same arc kept or stored. Siorago of (Jo. Sec. (5. No person shall manufacture or store any of the articles mentioned in the next preceding- section, in any wooden buildini>\ or any wooden building encased with brick, or any buildnig co- vered with shingles or other wooden material, with- in the limits of the City, except when such articles shall be secured in suitable iron tanks. Sani' Samf>. Sec. 7. No person shall manufacture or store cJiy of the articles mentioned in the fifth sec- tion, in any larger quantiiy than is specified in the said section, in any building situate less than one hundred fe(>t from any ocher })uilding. and unless separated from said buildinii' by a brick or stone wall not less than tei; ^K'oi in height. Set'. ,S. It shall not be neces.sary that such building shall be • i : ■ '. i f , ' 1* ^.•*^ B .-■ 1 :. ■ .!•• .-! • t .■I *-*1 ..^" Hlllfl »f 1 i H 1 III ! il 1 IW' 102 PfPinisos to 1)0 examinod. Stoam onfri- nes, how he;i- lod. Boilers for soap, Ac. Ilot-nir naci's. fur nv-LAW.s. Hoc. V2. It shall be the duty of the l)i.spoctor of buildings, or in his absence or inability, it shall be the duty of the Chief Engineer of the Fire Depart- ment in r.ddition to the duties already severally imposed upon t , or stored, so as to insure a strict compliance with the foregoing* provisions, and they or either of them shall immediately prosecute all offenders against any of the provisions of this by-law. Sec. 13. No steam-engine in this City shall here- after be heated with wood, or with any other des- cription of fuel than coal, from the first day of May to the first day of November, inclusive, in each year, unless the funnel or chimney thereof be co- vered with a wire netting or cap, sufficient to pre- vent the escape or emission of sparks of fire there- from. Sec. 14. Every kettle, boiler, or coppor, for the use of any tallow-chandler, soap-boiler, jiainter, chemist, druggist, or other such artificer, within the said City shall be so fixed or erected in brick or stone, laid in mortar, and grouted with liquid mortar so as to prevent all communication between the contents of such kettle, boiler, or copper and the fire ; and th(^ fire place under every such kettle, boiler, or copper shall be so constructed and se- cured, by an iron door, as to enclose the lire there- in. Sec. lo. No person shall iiereatter build, con- struct or erect any IIot-Air Furnace, or cause the same to })e built, consiructed or erected, in aiiv BY-L.iWS. 163 house or premises in this City, except in the manner hereinafter provided. Sec. 16. The only manner in which it shall be iin\v con- permitted for any person hereafter to build, cons- truct, or erect, any Hot-Air Furnace in any house or premises in this City, or to cause the same to be built, constructed or erected therein, shall be as follows, VIZ. : First. — In all cases when the Hot- Air Chamber iiot-air in which the furnace is to be placed, shall be made '^'"""I't''- of brick, it must be built on a stone foundation, and of at least eight-inch brick work, well laid in mortar, and arched over the top with eight-inch work, with a lininu" of tin inside the arch ; in which said lininq; of tin the warm air tubes must be pro- perly riveted, and they must also be made to pass through the arch ; the said arch to be surrounded with an iron band four inches by one quarter inch, to keep the said brick-work together. Second. — A space of at least twelve inches must Sunip. be left between the upper surface of the warm-air chamber and the bottom of the beams or ceiling ; the said beams or ceiling must be covered with a sheet of bright tin plate secured thereto, seamed or soldered together, which must exten ! six inches beyond the top of the furnace on three sides, and one foot six inches on the front, above the furnace door. Third. — .When portable furnaces are to be used, I'l^rtuhi^ they must bo placed on a cast iron pan or st,!i:d, said p:in or stand to be placed upon a layer of bricks, tiles, or other non-combustil)le material (if o:i u ;is \ ,■11 "4 m ir,4 «Y-IiA\VS. »>«! m m Sinf)kf-|ii|ii' Warm-air in- hfts. Hot-nir rogis- lf|.;. wooden floor) ; the said pan oisluiid to project, throo iiu'hos beyond the hot air sheetinir. And it' the said lurnace-t{)]> be within two feet of the ceilino- or beams, then the said ceiHno,- or ))eaTns must be pro- tected in tlio same manner as in the brick furnace, as mentioned al)ove. Fourth. — The smoke pijx? must be made of, at least, No. 20 sheet Iron, and of a size proportionate to the furnace, and provided with a key or damper to check the draft ; the said i)ipe must Ite properly Joined ; must l)e nine inches from any wood-work, and mu«t be conducted into a ])roper chimney. Fiflh. — The warm air tul)es from the top of the furnace under the lirst iloor, must be made of })riu-ht tin, and must not pass nearer than four inches to any wood-work, and l)e enclosed with solid brick work, or said hot air tubes shall consist of double tubes made of tin plate riveted tog-ether at the joints the space ])etween them to be filled up with plaster of Paris. ir- ly secured bi'tween the said iron or l)ri<-k, and wood ; and no gas pipe must be all(»\\ cd to pass nearer than one foot six inches from any smoke-pipe or hot-air conductor. Eighlh — No hiiih ])ressnr(! steinn jtipe shall Im; S(oaiu-pi|ies. laid or placed in contact with any wood hetwi'en ,h . I ! 1 iJi 166 BY-LAWS. Furnaces to be inspocteil. Ac. Fee. Stove-pipop, Pipo-lioli's mil to Jjc li^il open. floors and ceilings, or in plastered walls or parti- tions. When such steam pipes are used for heating-, they shall be placed or inclosed i;i sand, brick, mor- tar, or other incombustible substance. Sec. 17. No person or persons shall use or put in operation, or cause to be used, or put in operation, any hot-air furnace, that may hereafter be built, constructed, or erected, in any house or premises in this City, until the same shall have been first in- spected and examined by the Inspector of Buildings, and until the said Inspector shall have furnished a certificate that the same is built, constructed, or erected in the manner hereinbefore provided. Sec. 18. The said Inspector of Buildings is here- by authorized to ask and demand, for and on behalf of the Corporation of this City, a fee of four dollars, for each and every such examination and certilicate made and furnished by him as aforesaid. Sec. 10. No person shall hereafter pass, or cause to be passed through aJiy partition of wood, or wood and lime, or through a wooden floor where there is no pipe-stone or iron pipe having flanges, one of ^vhit•h shall rest upon the floor, and the other connect with the ceiling under said floor, and hav- ing said iron i)ipe surrounded with brick work, in any house or ])uilding within the said City, any Stove-pipe, witliout leaving six inches clear bet- ween the pip(^ and such partition or floor. S«=c. 20. No occupant or occupants of any house or building ^\•ithin the said City, s^hall permit any ripe-hole not in use in any chiinney in such house m BY-LAWS. ie7 or building to ipmaiu open, and not closed witli a stopper of metal or other incom])n8ti))lo material. Sec. 21. No person shall liereai'ter manuiacture •''''''"" '""i- any kind oi' Fireworks, or Friction Matches, in any house or huildinu" in the said City. Avithout a writ- ten permission or certilicatc from the said Inspector for which he shall be entitled to demand and receive the sum of Two Dollars for the said Corporation ; Provided, that no such permission or certificate shall be grantcf^ when such house or building shall adjoin or be in the immediate vicinity of other buil- dings. Sec. 22. All persons in this City having Lucifer '1'" l»e k^i't in safi'8. Matches, or ^latches capable of being ignited by friction, in their possession, v/hether for use or sale, shall keep the same in stoiu\ brick, or metal safes or boxes. Sec. 23. No person shall keep, connected with or Unslackeil li- lying upon wood, any Unslacked Lime, in any House, Outhouse, or AVooden Building within tliL' said City ; or shall keep, or permit to be kept any loose Straw or Hay in any house in which he, she, or they shall live ; or shall set fire to or burn any Shavings, Cliips, Straw, or other combustible materials, for the sole purpose of consuming the same, in any street, square, or lane in the said City or within any enclosure, within one hundred and iifty feet of any l)uilding, or shall curry, or keej), or sutler to be carried or kept, any lighted eandle or Limps in lamp, in any livery or other stable in the said City, unless such lamj) or candle shall ])e so enclosed in a lantern or sliade as to prevent anv accidents }>v lire therefrom. Shavini-'s.Ac. 't^l 'M 1 "f li < -I \ ■■ !*iii :'.• ?e ^!i #" I ■■U i Jill !!f. w>. I 168 Smoking in slablcs, Ac. Storttg(! of usIr's. Same. Woodvards. BY-LA.WS. Sec. 24. No person shall smoke, or have in his possession any lighted pipe or cisuj-ar in any Rope- walk, Stable, Barn, Carpenter's or Cabinet-maker's Work-shop, or other shop or building where straw, shaving's, or other such combustible materials may be, or shall carry lire through any of the streets, scjuares, lanes, or court-yards in the said City, except in some covered metal vessel or lire-pan. Sec. 25 All Ash-holes, or Ash-houses for the keep- ing* or storage of Ashes within the said City, shall be built of stone, brick, or iron, without the use of wood in any part thereof. Sec. 2G. No person shall place or keep any "VVood- ashes, removed from stoves or fire-places, in any wooden box, or near any wooden partition in his, her, or their house or houses, in the said City, or in any out-house or shed ; or shall place, or permit to be placed, any Hay, Straw, or other combustilde ma- terials, uncovered, in his or their yard or court- yard, or any lot of ground within one hundred feet of any buildin!|. Sec. 27. No person shall hereafter keep for sale or storage any Cord AVood or other "Wood, Boards, rianks, or other wooden building materials, in any Yard in the said City, so near neigbouring* buil- dings as to endanger the same, should lire occur, or shall keep such Yard without having" the same in- spected by the said Inspector, and without havinj? received from him a Certilicate of Inspection ; for which certilicate the said Inspector shall be entitled to demand and receive the sum of one dollar, for and on account of the said Corporation. f BY-LAWS. 169 Sec. 28. It shall not be lawful for any person or Fireworks, persons to keep or sell any Fireworks within the limits of this City in any quantity without first hav- in«^ obtained from the Inspector of building's a license therefor, on which nhall be written or prin- ted a copy of Kules and Kegulations, relative to the keeping and storage of Fireworks within the said City ; and every such license shall be in force until the first day of May next ensuing- the date thereof, unless sooner annulled by said Inspector, and no longer ; but such license may, prior to the expiration of that term, be renewed from year to year by endorsement thereon : provided always that such license may be rescinded at any time by the said Inspector, should the holder thereof have in- fringed the aforesaid Itulos and Regulations. Sec. 29. The Inspector of Buildings shall be enti- ^"'■ tied to demand and receive a fee of One dollar, to be paid to the City Treasurer, for every .such licen- se and renewal of license for the keeping, selling and storing of Fireworks within the limits of this City. Sec. 30. No person shall fire or discharge anv gun, nisolmrge of ... . 1, n 4. r / (irearms and iowling-piece, lirearms, or shall set lire to any lin'worksjn-o- cracker, squib, serpent, or rocket, or shall throw any '"^''^'''• lighted cracker, squib, serpent or rocket in any of the streets, squares, or lanes of the said City, or nea- rer than eighty yards to any house or building wi- thin the limits of the same. Sec. 31, Each Chimney and Hue thereof in use in ciiimnoys, the City of Montreal, shall hereafter be required to swipi. bo swept by a licensed sweep or sweeps of the said City, three iimes in the course of each and every 1 • -, m >;: »" I S 1 ,4^ ■'] !i .( ■ U i-i* ji . t T**! JM m i 1 tUil • I ill ;:■( ■ i*Mft| HI ii ,*»' ■Slii MM 170 if ,•^^1 Clii.'rofPulic' to licensi! SWCt'JllTS. Pee. w BY-LAWS, twelve months, ])cginiiing on, and to be computed from the first day of the month of May in each and every year, namely : Once between the first day of the month of May and the first day of the month of November in each and every year, and twice at in- tervals of at least two months, time from each other, between the said first day of the month of Novem- ber and first day of the following month of May. Sec. 32. It shall be lawful for the Chief of Police to annually issue and grant licenses to sweep the Chimneys and flues thereof, throughout the said City to so many persons of honest charac- ter and steady habits as he may deem expedient and nec(>ssary ; and to revoke and withdraw the said li- censes whensoever and as often as occasion may require, or the dishonesty of character, or impro- priety of conduct, of the person or persons to whom the same may have been granted, shall justify the same being doni?. Provided, however, that no li- censed sweep shall use any brush, broom, or other contrivance for the purpose of sweeping Chimneys without first having .submitted the same to the Ins- pector of Buildings for his approval. Sec. 33. Each and every person receiving any such license, shall pay the City Treasurer therefor, through the Chief of Police, at and after the follow- ing rates, viz : For the license of a Master Sweeper, granted to himself, the sum of Five Dollars. • For the license of each and every man or boy em- ployed by him, the sum of One Dollar, BY-LAWS. 171 Sec. 34. All licensed sweepers shall be under the Swonprrs— superintendence of the Inspector of BuildinffS, and sii|.<«riiiifiKl- it shall be their duty to obey all orders and instruc- *'"'"" tions of the said Inspector, relating to the sweepinc^ of Chimneys. Sec. 35. The followini? shall be and the same is '''"'''Tor hereby established as the only tariff or rates of fees • to be allowed and exacted, by each and cA'ery li- censed sweep or sweeps, for thoroughly cleansing and sweepini,'- the Chimneys and Hues thereof in the said Citv, viz : For sweei)ing' each Chimney or ihu' thereof in u one-story house, Five Cents. For sweeping each Chimney or Hue thereof in a two-story house, Eight Cents. For sweeping each Chimney or line thereof in a three-story house, Ton Cents. For sweeping each Chimney or Hue thereof in a house of four or more stories. Twelve and a half Cents. Sec. 30. "Whenever any Hue or Chimney within iVnaMy for the said City shall take lire, and it shall appear that ^!^ '' '"" the occupier or occupiers of th«,' hcnise or building where such Hue orCliimncy may be, had refused or neglected to have the same swept at the periods hereinbefore specilied, every such occupier or occu- piers shall be liable to the peiuilty hereinafter pro- vided. Sec. 37. The Chief Engineer of the Fire Depart- I'oweriopiiii ment, or in his a))sence or disability, the Assistant iug ai lires. Engineer, shall have power to direct the pulling down or demolishing of any house or building il) ill ■MX m 1 '1 l;t^' ill ■^i llB" Iff' !wi"i i'T iWI'^* il m I 13 172 Proviso. •rialtv. Hints, Ac, ]iriiliii)ilud. Holigious worship not to 1)0 mo- lested. False nlnrins of flrp, Ac. HY-LAWS. which he shall judg'o iiocossary to h^ so pullod down or demolished in order to prevent the spreiidinir of lire. Provided however that he shall have ilrst ob- tained the sanction ol' the Mayor lor the time l)eini>\ or in his absence, that ol' the Actini»- Mayor or the Chairman oi' the lire Committee, lor so doing. 8ec. i)H. Any person oH'endinj^ against any oi'the provisions of this llylaw shall bo lial)le to a fint^ not exceeding- twenty dollars and costs of prosecu- tion and to an imprisonment not exceeding two months, for each olience. No. 42. By-law to Preserve Public Peace and Good Order. [Passed \Wi March 1870.] Sec. 1. All riots, noises, disturbances, or disorder- ly assemblages, are hereby i)rohibited in this City ; and all persons making or creating any riot, noise, disorder, or disturbance, or forming part of any disor- derly assemblage anywhere within the limits of the said City, shall incur the Penalty hereiiuifter pro- vided. Sec. 2. No person shall disquiet or disturb any Congregation or assembly met for religious worship, by making a noise or by rude and indecent beha- viour, or profane discourse within their i^lace of worshij), or so near the same as to disturb tl^ie order and solemnity of the meeting. Sec 3. No persen shall wilfully give or moke a false alarm of lire or watch, or shall employ any Hci or ex( ceM fori pel ])la| po> in n.ih any ose whatsoever, without permission of the Mayor in writing. Sec. 4, Any person olfending anainst any of the '''''aHy. provisions of this By-law .shall be liable to aline not i'xceeding twenty dollars and costs of prosecution and to an imprisonment not exceeding two months, for each offence. No. 4:1 By-law coiiocniinp; Public Pounds. {Pasxed I'ith March 1870.) Sec. 1. No Horse, Cattle, vSwine, Hog, Sheep, or ^^^ hoisp, Goat, shall be permitted to run a large at any time mn at' lar in the City, or graze, browse, or feed upon any of of the streets, squares, lanes, alleys, or public plac<\s of this City, under the follow inii Penalties against the owners or keepers, or persons having (.harge of the same, viz : For each Stallion, Bull, Boar, or Uam $1 00 ''''"altv " Hog or Swine 50 " (relding, Mare, Ox, or Cow... 25 Colt, Filly, C^iir or Goat 20 Sheep 10 to '1 :ii'i m Id i n 174 I'lililic pounds psta- hiisljed. Tin[poiiniii( n. BY-LAWS. Sec. 2. Public rounds shall bo, and they are here- by estal)lishod in this City, as iollows, viz : one at the Cattle Market, in the fc>t. James' Ward; one at the St, St. Clabriel Market, in the St. Ann's Ward, oi' the said City, and one at each of the Police Sta- tions in the said City ; and the Clerks of the said Markets, for the time bt'ing-, and the Serg-eants or Policemen, on duty at the said Stations, shall have charge and act as Keepers of the said Pounds res- pectively. Sec. 3. All Horses, Cattle, Swine, Ilog.s. Sheep, or Goats found at large within the said City, or gra- zing, browsinir, or I'eeding upon any of tln^ streets, squares, lanes, or alloys of ihe said C'ty, may be taken by any poison or persons and driven or carried to either of the said pounds, or to any Police Station in the said Citv, for dolivorv at the nearest Pound ; and it shall bo the duty of the I'ound-koopors, or ])orsons having oharge of suoh Pounds, to receive aiul impound the sanu», and to enter in a ])bok to bo kept by them I'or that purj^ose, the names and i)la- ces of abode of all perso'is who nuiy bring any such horse, cattle, swine, hoir, sheep, or goat to such pounds, and the time oi' bringiim- the sanu .espec- tively ; and the said Pound-keepers shall pay to the persons brjngingany .such horse, cattle, swine, hog, sheep, or goat to such Pounds, one half of the penalty incurred for each and everv animal as hereinbefore provK led. StM'. 4. It shall be the duty of all Constables ofthe Police I-'orce of thi> said Cily, whenever they see or meet any horse, t'atth', swine. )i'><. 175 1 whoiuner their attontioii is clirocted by any Citi- .-eii to any such animal ninninu' at large as aforesaid to immediately drive the same to the nearest Pound. Sec. o. lithe owner of anv such horse, swine, hog, I'lii'imniicd animals may sheep, or goal, or any other person entitled to re- be rtiietnud". deem the snme, shall appear and claim such ani- mal at any time before the sab; thereof, it shall be the duty of the r on receiving the amount in full of the penalty and nece.s.sary expense.^ incunxd for each and every animal. Sec. 0. It shall be the duty of tin; round-keeper.s, nmyof on making flelivery of animal so impounded, before p!!ron(i..ii\v- sale, or on paymeuf of surplus money after sale, to nii;.' thesuinf obtain from the person or persons claiming the sa- me, his, her, or their name or names, and residence and to enter the same in a book, together with the date when such animal was left, and the date when the same was sold c redeemed, as the case may be. Sec. 7. If no person shall appear to claim such N"ii''>or salo. animal or ajiimals so impounded, within five days after the same may have been impounded, or if the the person claiminii' such animal shall refuse or ne- glect lo pay the peualty and necessary (expenses in- curred theri'on, it .shall ])e tiie duly of the Pound- keeper to give at least three days' notice of the sale (hereof Sec. 8. Such notice shall contain a general descrip- Fornri of tioii of the animal or animals impoundeil, and shall """''• he posted Uj; in sumc conspicuous place ai the I'ublic Pound where the same shall have been im- pounded, and also I't the si^eral public Markets i:i tlie said Cil »". r i-i' J ' t 4 N" i\ • ! iHi 176 Animals in.'iy be sold. AniiiKils nifiv lif M)lil if mil I'liiil fur* Prnro»'fls ol sail', Imw a|i|ilioii. OwnfTs ol aiiiinal iimv nMlt'fin till' samo by paying fi'i'? BY-LAWS. Sec. 0. If, at the oxpinition oltliolimo spooiliod in thn said notice, no person shall aj^pear to claim the animal or animals theihest bidder l)y the Pound-keeper at the Pound were the said animal or animals are kept. Sec. 10. If, afti'r the sal(> of any animal as afore- said, the purchaser does not immediately pay the l)rice thereof, the Pound-keeper may forthwith cause the animal to be resold, and so continue to do until the price is paid, and shall only give up pos- session after such paynent. Sec. 11. In case of the sale ol any inipo-mded animal or animals, the said Pouiul-keeper shall re- tain out of the j)roc»'(Mls of such sale sufRcitMit to pay the amount of the ])i'nalty, and all necessary expenses incurred by him on account of the said animal or animaiK. Sec. 12. If, after such sale, aad whilst the pro- ceeds thereof remain in the hands of the Pound- keeper, the former owner t>f any animal or animals so impounded .lud sold, shall api)ear and claim the j)roceeds of such sale, it shall be tin* duly of the I'ound-keeptM* to (buluct from the proceed.' of such sale the penalty and expenses, as provided in the last precedintr seet ion : to ascertain the name and residence of such owner, ami lo pay over the balance of the proceeds of such sale, if any. to the person so • d il! HY-I.AWt 177 lUIIKlls m tho hr tho Ir Micii |iii the |(> Miul lihincr rt>n so claiininu: lo be the owner, iii)OU salisfiiclciry proof oi' ownership being p,iv*Mi to 8U< a Pound-keeper. Sec. 1^1. It shall })e the duty of «'ach and every Mniitiih le- Pound-keeper, at the end ol each monlh, to make ma,!,, by out and present to the CitvClerka full and detailed '""""' report, showins^' the number of animals received in- to and discharged from (he Public Pound during- the year; the particular a!i(i to whom paid, and (lie balance of such moneys remaining in his hands, which ])a- lance, if any, shall, prior to makinu: such report, be paid over to th»' Ci(y Treasurer. 8«'c. 14. Any person who shidl break open, or in i'''"i"i'y' any manner, directly or indirecdy, aid or assist in breaking open any Public Pound, or shall (ake or let any animals out of any Public Pound, williou( the consent of the ]*ound-keej)er, shiill l>e liivble to a line not exceeding twenty dollars and cos(s of pro- secution and to an imprisonment not exceeding two months, for cacii oficnce. Sec. 1'). Each and every person wlio shall hinder, ""I de'ay or obstruct any j)erson or i>ersons enjiau'cd in drivinij^ or carrying (o any Public Pouiul any :ini- mal or animals liable (o be imjioumled under (lie provisions of this j>v-la\v shall, for each oU'ence. be *'l irl 11 m ^■«j il' m 178 BY-LAWS. li I! M m!''< liirhlo \<) ;\ lin«' not exceedinp: twenty dollars and costs of prosecution and to an imprisonment not t>xceedinif two months. No. 44. iU'-hnv (o jM'ohihit tlie kcc[)ing of I*lgs within ceitaiii Scctiuiis of the Cilv of Moritroal. \l*asse,l l.V/t March 1870.] Kec|iini/ <•! Sec. 1. No person shall rear, keep or feed any piii' tsi? wiOiimor- "i" '*('\vcrs S. /Vvsvv/ l.-)//t Morrh 1ST!) Sec. 1. Tlio said C'oinu il may ovdrr llic c<>ii>triic- Council niiiy tion or rt.'i)air oTaiiy (•(niimoii St'wiT or Drain which 'i,','i„'. lua.i.'-. ishull 1)0 considered necessary l)y the Ituad Coniniit- tee, in any .street or hiuhway. Sec. 2. AVhenever il shallhe determined hy the'""'''''!'"" to II .'IVi'll »' I •IS, liv whom .said Council to lay down a ('omm(»n Sewer, or whenever any sireet or highway within the said City shall be about to be newly i)aved or repaired, in which street or hiuhway a Common Sew»'r sliall have bt'cn already made and laid, ptiblic notice shall be iriven to the iidiabitants and proprietors on .such street or hiuhway, specilyiin;' the linn* within which they may avail themselves ol" makintic their private drains from their liouscs or yards into such Common Sower. Sec. o. The cost ol" makini;' and constructiiiu' any *'-"^^ or s^w. Common Sower or Drain which shall hevoal'tor b ordered to be mad(> or cons' i"ucted in any street or hiiihway, or .'•ioction ol" a street or hiifhway in the said City, shall be borne and paid Ijy th>' owners of real estate situated on each side ol' mk h strf^^'t or highway, or section of street or highway, by moans of a special assessment to bo made and levied upon the saic. tively : the said asscssmciil t » be due and piiyalde immediately ui'iov tlu» completion <»f such Comnioti Sewer or Drain in front of the said properties res- Mirinv i^l ••*^ •f ni M > wets to \> lioi'iM' In PrivniH sfw 180 HY-IiAVVS. ProviM.. pi'clivcly : I'lovidod thai in n<> cusv shall such owiiois !)«' assessed. whatt'Ver the diuu'iisioiis of such Coinuiou Sewer ujay he, at u hiuhcv rate tfiau lor their projiortioii of the cost of a Coinuion Sewer of three I'ei't diameter : Pro\ idi-d also tiiat the said Council may order n oj' tile drains whenever re^ewer isord^red to he huill ''*'• or repaired, to ascertain its (h'i)lh. hreadlh. mo'^J»»'JH'^ i„ j, iiodk made I'or del'raying tlu; exjiense of constructing Common Sewers: and alter the completion ol'any such Sewer, he shall lorthwilh make out hills lor the same, and delivei them to the City Treasurer i'or collecti]ace on each side 1 BY-LAWS. 185 thereof, the unmlxT of the eart, the fiirures to be l)aiiited l)lark, on a white ground, and to be at least lour inches in isizo ; the earts to be tii^ht box rarts of a pattern to be approved by the Chi«'f of ]'olice or other Olfieer ai)poinied l)y the JJoard of Health for this puri)osi'. Sec 3. The contractor shall remove and take lloiis.- niFiil away Ironi each house, within tlie District assiirnod ,,.i a--. to him, all house otfal, as liereinafler dcsi<>nat«'d, once a week ; the service to be ix'rfornu'd bet- ween the hours of ten p. m. and eiuht a. m. Skc. 4. The contractor shall call at eai-h Inmse in rmiiiM. lor'i \ • 1\- t • i f il I' i\ i 1) T Incillalciirll Ills District lor tii<' purjjoscs r Coot- or suffer any cart, truck, or aar kimd of sum- P""'^ '" ^'"'' J ' _ ' ' taiti cases. raer or winter vehicle whatsoer^r^ flilwr the pur- pose of loading or unloading- ih<-' ♦aoaat^ with any boxes, crates,casks or packages whal**f»«vftT,weighing less than one hundred weight eaek. itioifc*^ driven or placed, or backed over or upon the 4f«o*-path or side- walk opposite such store, house, biaiiiMiiing, or lot, or' who shall suffer or permit any cart. Itrticfc, or any kind of summer or winter vehicle, iiw rhe purpose of loading and unloading the eam^ wnh any boxes, crates, casks, or packages what)swT»^, weighing more than one hundred weight ^mIl to- be driven, or placed, or backed over or upon lii*- foot-path or sidewalk opposite such store, houw;'., B>iiilding, or lot as aforesaid, and remain so ior a Ima^vtr space of time than five minutes at any one tmaL,, .%hall incur and pay a Fine or Penalty not exoef«toiejj/tl5« o'ience. Sec. 0. Whenever any portion of a -wdewalk shall Injuries to have been broken or otherwise iiijmir**'! in conse- buiklers To ^ quence of any new building erected mr m course of ^'^ repaired. erection on any of the streets or sqiiair** in the said City, the City Surveyor shall cauw a written or printed notice to be served upon tii-e ivc notice to the said Committee of any obstruction or encroachment tiiereoii. Sec. 2. The C^ounoil of the said City of Montreal I'ow.m to .lis- 11 1 1 1 • 1 * 1 oniiliiiiit' may, and thoy are hereby iiutlionzed, whenever, m stroeis. their opinion, the Nufety or convenience of the inha- bitants of the City shall require it, to discontinue any street, lane, or alley of the snid City, or to make any alteration in the same, in part or in Avhole. Sec. 3. It shall be lawful for the persons employed ^•'''";"* '"''^ ^ ■' Im3 closed to to pave or roi^ave any street ui this city, or to con- oiliw public struct drains, or other works of a similar nature nialleMierdn therein, to place proper obstructions across such street or cartway, for the purpose of preserviui^ the works then newly made, or t*> be made, until the same shall be fit for use ; leaving at all times a suffi- cient passage for foot i).'.sseiigers. Sec. 4. When any drain shall be opened or laid, Wlion any or any aperture shall be made in any street or public ii,o stroets square in the said City, the person, or persons, or ^^'^""'jemade either of them by whom the said drain shall be opened or laid, or such aportipe made, shall cause a rail or other sufficient fence to be placed and fixed so as to enclose such drain, or other aperture and the dirt and gravel or other material thrown into the street ; and such fence shall remain during the whole time such drain or aperture shall be open ; and a lighted lantern, or some other projier and sufficient light shall be fixed to such part of such fence, or in some other proper manner, over or near such open drain or aperture, and the dirt, gravel or other material taken from the { 1 . .. I ») I'i: 'i'.m im Ml 198 BY-LAWS. Person in- tending io build lo giv jiolico. same, and so kept from the beginning of the twilight of the evening, through the whole of the night, during all the time such drain or ape' ture shall be open, or in a state of repair, under the penalty of a line not exceeding twenty dollars and costs of prosecution and an Imprisonment not exceeding two months, for each offence. Sec. 5, Every person intending to erect, or to repair, any building upon land abutting on any of the streets of this City, shall, before proceeding to build or erect the same, or to lay the foundation thereof, or to make the said repairs, give notice in writing to the City Surveyor of such his intention, with the number of the street or precise location, and the name of the owner of the land, eight days at least before doing any act for carrying out such his intention into execution, in order that any encroachment or any other injury or inconvenience to the said public streets, which might otherwise happen, may be thereby prevented ; and in default thereof such person shall incur a Penalty not excee- ding twenty Dollars, and costs of prosecution. Aiioin.eiii to Sec. G. "Whenever any person or persons shall bcmadi>)»y • . ■, . i. • , x ■■,-,■ Siiivi'vor iiM- intend to alter, repair, or erect any building as terlais"° " '^" '^^resaid, such i>erson or persons .shall apply to the City Surveyor, \vho shall set off or allot such part or portion of the street, square, lane, or high- way, opposite to .such ground or the site of such building, as shall be deemed necessary and sufTicient for the purpose, and who sJiall, at the same time, grant a niinitte in writing oi such allotment, in which minute shall be specified the conditions upon Avhich such allotment shall be made ; and for every BY-LAWS. 199 ilight light, all be y of a ts of oding or to any of iiig to dation ice in i3iition, cation, it days t siicli vt any nieiice erwisc ei'ault cxcee- 11. shall ing as to the h part ■ liigh- if such Ticient time, mt, in s upon every such minute, the party or parties so applying shall pay to the said Surveyor the sum of One Dollar ; Pro- vided nevertheless, that the space to be allotted and P''°^'^'^ set off as aforesaid shall not exceed one-third the breadth of the street, square, lane, or highway opposite such ground or building aforesaid, exclu- sive of the footpath or sidewalk, which shall at all times be kept clear ; and the part or portion set off or allotted, and no other part of the said street, square, lane, or highway shall be used for laying down the materials for any such building', or for the repairing thereof, and for receiving the rubbish arising therefrom. And it shall also be the duty of such persons, in all cases, to place at twilight in the evening, suitable and suflicient lights upon such * building materials, and keep them burning through the iiight, until said materials are removed ; and all the rubbish arising therefrom or thereby shall be carried away by the person or persons so build- ding, or repairing, at such convenient time as the said Surveyor may direct ; and in case of neglect or refusal so to do, it shall be removed and carried away, at the expense of the person or persons so Iniilding or repairing; and all persons offending against any of the provisions of this section shall be liable to a fine not exceeding twenty dollars and costs of prosecution and to an imprisonment not exceeding two months, for each offence. Sec. 7. In all cases where uny person or persons Pariios ans- shall place building materials in any of the public ,^h|m!i'''^s. '" streets of the said City, such persons shall ])e answerable for any and every damage, which may be occasioned to persons, animals or property, by .■4 II . i I m ^ i1,ii li 411 ii 200 BY-LAWS. reason of carelessness in with the said materials. any manner connected Preparing Sec. 8. No person shall make or prepare mortar, in streets pro- OT cut or dress any stone or timber for building h.bited. purposes, in any street, or public square or place in this City, under a Penalty not exceeding Twenty Dollars and costs of prosecution, and an Imprison- ment not exceeding two months, for each offence. Placing coal gee. 9. Neither the purchaser nor seller of any streets regu- Coal or Firewood shall place or permit any such lated. Coal or Firewood to remain in any street, so as unnecessarily to obstruct the passage in the same ; nor shall any such coal or wood in any case be permitted, either by the purchaser or seller, or other person having the charge thereof, to lie or continue in any street more than twenty-four hours, under a Penalty not exceeding twenty dollars, and costs of prosecution, and an Imi^risonment not exceeding two months, for each offence. Doors to Seo. 10. All Archways constructed on the border open inwards of any of the streets, lanes, or public squares of the City and suburbs, and all porches or other entrances into court-yards, shall be dosed with doors that shall open into the interior, and not towards the said square, streets, or lanes, so as to leave the passage of the footwalks free at all times ; the same to be observed with respect to all gates of gardens, lots or other spaces of ground ; the whole under a Penalty not exceeding twenty dollars and costs of prosecu- tion against each and every person, whether pro- prietor or tenant, offending against the provisions of this section. nected nortar, wilding lace in Ventv prison- >ffence. of any ly such , so as ( same ; iase be )r other Dntinue mder a costs of leeding border of the ranees it shall le said •assage to be Hots or *enalty rosecu- ?r pro- 'isions BY-LAWS. 201 Sec. 11. No person shall hereafter place, hang, or ^'gns- suspend at any lesser height than ten feet from the sidewalk or street, nor at any greater distance than two feet in front of, and from the wall of any house shop, store, building, or place whatsoever, any sij^n, Show-bill or Show-board, under a penalty not ex- ceeding twenty dollais and costs of prosecution, and an imprisonment not exceeding two months, for each offence, Sec. 12. If any person shall place, affix or con- Awnings. tinue, in any street, square, lane, or highway of this City, any Awning Posts, or any cloth or canvas for an awning", so as to cause any public inconvenience, or contrary to the directions of the City Surveyor, or his deputy, or shall neglect or refuse to comply with such directions of the said Surveyor or his deputy, such person shall forfeit and pay, for every such offence, a sum not exceeding twenty dollars and costs of prosecution. Sec. 13. Any person who, for any purpose what- Waios sus- soever, shall intentionally place, or cause to be pla- iJol'isos. "^""^ ced, or shall suspend, or cause to ])e suspended or exposed from any house, shop, store, building or lot abutting on any of the public streets, squares, lanes, or highways of this City, any goods, wares, or mer- chandize whatsoever, so that the same shall ext nid or project from the wall in front of such house, shop, store, building, or lot, more than six inches towards or into any public street, square, lane, or highway aforesaid, shall forfeit and pay a sum not exceeding ten dollars and costs of prosecution, for each of- fence. 10 llir? m A :|.|i ;^lfes 202 BY-LAWS. Penally on raising goods from slr(!('t by tacivlo. Street cros- sings noi to bo obstruct- ed. Largo timljor not to lie dragged on streets. Sec. 14. No person, whether agent, owner, or employer, shall hereafter suffer or permit any case, bale, bundle, box, crate, or any goods, wares or merchandize to be raised from any street, square, or public place, on the outside of any building, for the purpose of storing the same in the second or any higher story of any such building, or to be lowered from the same in a similar manner, by means of a rope, pulley, tackle, or windlass, under a Penalty not exceeding ten dollars and costs of prosecution, for each oflence : Provided, that the provi.sions of this section shall not be considered or taken to extend to the raising of any materials or other arti- cles necessary in the repairing, erecting, or taking down of any building, or to the removing of any merchandize or other articles, in case of danger by fire or other such casualty. Sec. 15. No person shall jilace any animal, cart, truck or carriage of any description whatsoever, or any obstructions ot any kind, upon or across any of the flags or stepping stones, placed for the conve- nience of foot passengers, across any street, square, lane, or highway, in the said City, under a penalty of not less than one nor more than twenty dollars and costs of prosecution, for each and every offen- ce. Sec. 16. All pieces of Timber, which, by reason of their length, cannot be transported in carts or tiimbrels, and are usually conveyed on trucks or other vehicles, such as deals, cedars, and other lar- ge timber, shall for the future, throughout every part of the City and suburbs, be transported on two trucks or upon such other vehicle so constructed as BY-LAWS. 203 that the said timber shall not in any manner touch the public way ; the wholo, under a Penalty not exceeding Ten Dollars and costs of prosecution, against each offender. Sec. 17. No person shall make, or cause to be Appriures made, any aperture in or under any street, for the coul iioi-s, &c purpose of constructing Coal Holes, or receptacles for any other a^;ticle, or for light and air, or for an entrance, or for any other purpose, without the li- cense of the Road Committee, under a Penalty not exceeding Twenty Dollars and costs of prosecution, for each offence, and no person shall leave such Coal Hole or other aperture open or unfastened after sunset, nor in the day time, unless while ac- tually in use with a person or persons at the same to warn passers-by, under Ihe same penalty. Sec, 18. No person shall ailix or x>hi-t;e, or cause Gratings in to be affixed or placed, or continue, in any street, any Grrating, without the license of the Eoad Committee, under a Penalty not exceeding twenty dollars and costs of prosecution, for each offence. , Sec. 19. The Koad Committee, upon the applica- Coal holes ,. f. ji ■ J.1 . 'Ti'l (pralines cation ot any person, may aulhorize the construe- mav lie au- tionofCoal Holes or other apertures, and of Gra- *'"''''^'-'^' '^'-• tings, as herein])efore mentioned, in such manner, and under the direction of such person, as they may deem suitable, at the expense of the applicant ; and they may also authorize ihe continuance of any Grating already constructed : Provided, that in no case shall any Grating be authorized to extend mo- re than eighteen inches into the street. I ., ■ "I .ill m % ■■:$ 204 Earth, Ac, not to be re- moved with- out pfirmis- sion. Pavemeiiis and side' BY-LAWS Sec. 20. No person shall, without having first obtained a written permission froAH the City Sur- veyor, dig, remove or carry away, or cause the same to be done, any sod, stone, earth, sand or gravel from any street, alley or public ground in this City, un- der a Penalty not exceeding twenty dollars and costs of prosecution, and an Imprisonment not ex- ceeding two Months, for each offence. Sec. 21. No person shall injure or tear up any \yaiks not to Pavement, Side or Cross-walk, Drain or Sewer, or e mjurof . gj^j^]] ^[^ ^j^y hole, ditch or drain in any street, pa- vement or sidewalk, without due authority, or shall hinder or obstruct the making or repairing any Pa- vement, Side or Cross-walk, which is or may be making under any resolution or order of the lioad Committee, or shall hinder or obstruct any person employed by the said Committee or the City Sur- veyor, in making or repairing any public improve- ment or work ,under a Penalty not exceeding twen- ty dollars and costs of i^rosecution, and an Impri- sonment not exceeding two months, for each offen- Boundary stones. Trees. ce. Sec. 22. No person shall cover up or remove any of the Boundary Stones for designating the avenues and streets of the City, under a Penalty not exceed- ing Twenty Dollars and costs of prosecution, and an Imprisonment not exceeding two Months, for each offence. Sec. 23. No person shall injure or destroy any ornamental or shade Tree, Shrub, Lamp-post, Fence, Railing in or upon any public ground, street alley, or other public place, or upon any private premises, under a Penalty not exceeding twenty dollars and BY-LA.'WK. 206 costs of prosecution and an Impriiwi»i!8iiai(»^nl: not ex- ceeding two months, for each ofieja*:^. Sec. 24. No person shall slide yirkh a »Ud, train, Sliding in trainean, or shall skate on any puWk swuuare, street, iiibitoii.^^'"' or highway in the said City, nuder a iVraiailty not ex- ceeding five Dollars, and costs of prtfjrt^fintion and an Imprisonment not exceeding ftitntgr-twcht Hours, for each offence. Sec. 25. No person shall play at Ewiiit-l>aII, or the Certain game commonly called Shinty, or siuill tilirow stones streets pro- or snowballs in any street, square, m- liaaie of this ^"^'*■'^'^^ City, under a Penalty not exceediiia Fii\re Dollars, and costs of proseuction and an Impiri^MiDment not exceeding Forty-eight Hours, for eatla 6»ffieace. Sec. 26. Any pert;on who shall nitch any horse or other animal to nuj post, or hang or place any goods, Wiiw. any heavy material upon or againi^t the: same, or who shall extinguish, or cause to be «?i6Enguished, or light, or cause to be lighted, any «Gi{ asbid lamps, unless duly authorized so to do, shall h»t subject to a Penalty not exceeding Twenty Dollauns,. and costs of prosecution and an Imprisonment nwxfl. exceeding Thirty Days, for each offence. Sec. 27. If any trees in any street -MrEiKMrftin pub- Trees to be lie lamps are erected, shall be suffered hj the owner '''™"^^'^- or the occupant of the premies to grow in such a manner as to obstruct the refiectioM «»i' the said lamps, it shall be the duty of the CiitT jj^tErreyor- under the direction of the Light Commkitiw. to notify the owner or occupant of the i^remifeett t!i*irtEwith to trim the same, in the manner to be t^i^iiSt^A in the upon or Penalty for . J injuring IC Lamp- lainp-posls. or ' wood '^^ '^^ ! Ill .1'! i! nil 111 206 Posting pi icarils Numhoring of houses. BY-LAWS. notice ; and if any person shall refuse or neglect to comply with such notice, it shall be the duty of the City Surveyor to cause such trees to be trimmed ; and the person so neglecting- or refusing" shall be subject to a penalty not exceeding Twenty Dollars and costs of prosecution, for each offence. Sec. 28. No person shall post up or affix in any manner any Bill, Placard, or notice, either written or printed, upon the fences, walls, or upon any part of any building in this City (except in cases of ex- propriation), V. ithout the previous consent of the occupants thereof, or if there be no occupants, with- out the previous consents of the owner thereof; nor upon any part of any building belonging to the Cor- poration of the said City, without the previous co:i- sent of the Mayor, under a Penalty not exceeding Five Dollars, and costs of prosecution and an Im- prisonment not exceeding Forty-eight Hours, for each offence. Sec. 29. All houses within the City limits shall be numbered from East to West and from South to North, the even numbers being assigned to the left and tlie old ones to the right hand side of each street : in every case of a vacant space intervening, twenty-five feet shall be allowed for a number. No. 40. By-law concerning Vaults and Cisterns. ra$rovisions of this by-law, to lay and maintain at his own cost, over such Vault or Cistern, a flag stone footpath or sidewalk. Sec, 13, Every proprietor who shall construct, or Damages. cause to be constructed, any Vault or Cistern, as aforesaid, shall be answerable for any and every damage which may be occasioned to jocrsons, ani- mals, or property, by reason of carelesness or defect in any manner connected with the said Vault or Cistern, Sec. 14, No person shall remove, or cause or Onitcand suffer to be removed, or insecurely fixed, so that ^o^'?'''"g- the same can be moved in its bed, any grate or co- vering to the opening or aperture of any Vault in the said City. Sec, 15, Any person offending against any of the penalty. provisions of this bylaw shall be liable to a fine not exceeding twenty dollars and cost of prosecution and to an imprisonment not exceo'Mng two months, for each offence. \ i'i * '1 17 HI m n !10 UY-liA\VS. Hackney car riages defi- ned. License. Chief of Po. lice to issue licenses. No. r>0. liy-law concerning Vehicles. (Passpfnijth Mnrvh 1870.) ARTIfTiE I IIACKNKY ('.MIKIAOKS. ARTICLE II CAHT^, TUUCKH, &C, ARTICLE III VEHICLES IN (iENERAL. ARTICLl!]. I. HACKNEY CAHRIAdKS. Sec. 1. Kvory omnibus, coach, cal), calecho, or other vehicle, whether on wheels or runners, drawn by one or more horses, which shall ])e used in the City ef Montreal ibr the conveyance oi' per- sons for hire from place to place within the said City, shall be deemed a Hackney Carriaii'e within the meaning' of this by-law. Sec. 2. No person shall sot up, use or drive in the City of Montreal any Hackney Carriage, for the conveyance of persons for hire from place to place within the said City, without having* obtained from the Chief of Police a license for such carriag-e, and a number to be attached to the said carriage, and without having paid the rates and duties severally imposed in and by the tariff contained in the sub- joined schedule. Sec. 3. The Chief of Police is hereby authorized to grant licenses and numbers to such persons, as he may deem expedient, and who may be duly en- titled to the same, to set up, iise or drive Hackney Carriages for the conveyance of persons for hire, UY-L.VWS. 2U Mi).) l\h. •ho, or unnors. bo used of per- he said within VIVO in for tho |o place d from >o, and ^•e, and |verally e suh- [lorized Ions, as \\\y en- ickney Ir hire, from phuo to plaeo williin this City, and to doniand and oxact, for such licjonsos and nunihors th«' seve- ral rates and duties specilied in tho said tariff; and a record of all licens(\s so granted shall he kept by the chief of Police, who shall inak(>, at least once a week, u return of all sums so received, and shall pay over the same to^the City Treasurer. Sec. 4. All licenses nrantod as aforesaid shall expire iwoomos on the iirst day of May next after the date thereof. ,''.'"'" ^" ^'^- * ■J |Mrc', Sec. 5. The owner or driver of any Hackney Coach Cmiorsnoi lo or carriage shall not be entitled to recover or recei- h,*ciTiain'ca- ve any pay from any person from whom he shall ^^^s have (lemaiuled any greater price or rates than ho may be authorized to receive vaider tho present by- law. Sec. (J. In case of disagreement as to distance or Cisesordis- price, the same shall bo determined by the Chief of 'i^i'^nT'deci-^ Police or any of his Deputies in accordance with ''''•'■ the tariff Sec. 7. Every owner, driver cr other person, ha- Driver to ving charge of any Hackney Carriage which has a j)|r!*/ """'* stand in any street or square, shall at all times when driving or waiting for employment, wear the num- ber of his carriage, in brass or plated figures of not less than one inch in size ; and the said number shall be placed in the manner directed by the*Chief of Police and in such a way that the same may be distinctly seen and read. Sec. 8. No person, except a licensed owner or duUcs of driver of any such coach or carriage in the said owmors tiiiricjtro! City, shall wear the number of any such licensed owner or driver ; nor shall any person other than a of jges. i! r M f i ■m m a i\i m 212 BY-LAWS. w licensed driver or owner solicit .passengers lor any None but such coach or carriao^e ; nor shall any such licensed licensed car- ^ teis to wt-ar owner or driver wear any other than his own num- num ers. ^^^^ ^^. g^^^^j. ^j. permit any other person to wear the same. stands for gee. 0, The following described places shall be riages. the only stands on which it shall be lawful to place for hire, Hackney Carriages in this City, viz : 1. That part of McCrill Street from the south-east corner of Notre-Dame Street to Common Street, provided that the vehicles thereon be in a single line in the middle of the street, with the horses' heads towards Victoria Square, or westwardly. 2. That part of Dalhousie Square, liom the Wicket Gate leading into the Barracks, north-east termina- tion of St. Paul Street, to the street leading down to the Artillery Barracks, provided the vehicles be pla- ced in a straight line, with the horses' heads to- wards the square, and that all returning vehicles ta- ke the stand nearest the said wicket. o That part of Commissioners' Street, from the south^jA'^est line of Jacques-Cartier Square to the St. Ann's Market, provided the vehicles be placed in a single line along the harbour revetment wall, with the horses' heads towards the said Market. 4. That_part of Craig Street from Papineau Square to St. Antohie Street, provided the vehicles be pla- BY-LAWS. 218 )!• any ;eiise(l num- wear lall be d place ith-east IStreet, gle line i' heads Wicket ermina- owii to be pla- ads to- icles ta- )m the the St. iced in ,11, with pquare \he pla- ced ill a single line, in the centre of the street, with the horses' heads towards the paid Square. The south-east sl^ie of Papineau Square, the vehi- cles to be ranged in a line with St. Mary Street, the the horses' heads towards the Market-place. 6. The Place d'Armes, for four vehicles on the north, seren on the west, and seven on the east side, fa- cing the Parish Church. 7. The ceiitio of Jacques Cartier Square, between St. Paul and Commissioners' Streets, the horses' heads to face the Lonsecours Market ; and the north east side of said Jacques Cartier Square from Notre- Dame to St. Paul streets, the vehicles to be ranged in a single line along the south side of the street, the horses' heads turned towards Notre Dame Street. 8. That part of Bonsecours Street from the north-west corner of Notre Dame Street, towards Craig Street, for eight vehicles only, the horses' heads being tur- ned towards Notre Dame Street. 0. • That part of Gosford Street along the Govern- ment Garden, for eight vehicles only. 10. That part of Choboillez Stjuare next to the Engi- ne House. ! i H t»- 214 BY-LAWS. 11. The south-west side of that part of Mountain Street immediately below vSt. Antoine Street, and extending towards St. Bonaventure Street- Clear spacos to be li'lt for cmss streets Ac. 10 The north-west side of that part of Dorchester street immediately above Mountain Street, and ex- tending towards Guy Street, for eight vehicles only. 13. The north-west side of the said Dorchester Street lying between St. Alexander Street, and within at least two hundred feet of Beaver Hall Square, for six vehicles only ; the horses' heads to fiice the said Square. 14. That part of Union Avenue from the north-east corner of Ste. Catherine Street towards Sherbrooke Street for eight vehicles only, the horses' heads being turned towards St. Catherine Street. Sec. 10. In every case where the above described stands are intersected by cross streets, ramp ways or footpaths, clear corresponding places shall be left for the same, but in no case shall the horses or ve- hicles stationed at any of the said stands, be allowed to remain or stand within twelve feet of any of the said cross streets or the crossings leading- thereto; and all vehicles frequenting such stands, shall close up from the front of each respectively, according to the ordtr of their arrival. BY-LAWS. 215 Sec. 11. Whenever the Corporation of the said stands may City may require to take up or use any of the above {jfr repairs"fo described stands for the purpose of repairing the s^troets, Ac. roadway, altering the grades thereof, constructing or rei)airing drains, laying or repairing water pipes, or for any other purposes within the province and privileges of the said Council, the Carters stationed on such stands shall remove their vehicles to such other convenient place as may be assigned to them, for the time beina", by the (^hiof of Police or his Deputies. k^ec. 12. In every case, when any of the above Number cf described stands are occupied by the number of ve- l![!|]|j!f^ii'J^i. hides allotted for them, no driver or person in charge ted. of any vehicle shall take, occupy, or possess himself or themselves, of an additional place thereon. Sec. 13. The driver, or person in charge of any Drivers of ve- vehicle exceeding the number hereinbefore allotted IHJ^'f^numbPi" to any stand, shall, whenever so required, leave and allowed, to drive away his horse and vehicle from such stand. Si Sec, 14. The prices or rates of fare, to be taken TarifToffare ])y, or paid to the owner, driver or any person hav- cj,'j.,.-a'^.t,l^"*'^ ing charge of any Hackney Carriage, shall be as follows : ,:r'li' ™! 216 BY-LAWS. PLACES. FROM. TO Any Place. Any Division. Any I'lace. Any other within ) the same Division > i and back. } ; ! Any pliieo in another Division i and back. I (Per Hour) Any other in the City. Two or Four | Coachep, or four Wheeled Carriage wheeled Carriages drawn by one drawn by two horse. horses. For one or two persons. S els. 1.-) 5 2.J a, 50 20 For three. For one Forthree or four persons. ? els. 2.-. 00 10 m 70 or two j or four persons. | persons. $ cts. 030 000 10 00 75 30 $ Cts. 040 000 050 75 1 00 40 TIME ALLOWED. i nn hour. \:'i of an hour. |( over i of an I < hour and under ( one hour. 'One hour. ( For every < additional ( i hour. Di-ivorsnot to g^^c. 15. No such owiier, driver, or other r)erson over clifirgo. , ,, , , i • i shall demand or exact a higher rate or charge, or higher rates or charges, than that or those specified ill the aforesaid tariff; provided that in every des- cription of vehicle each passenger shall be allowed a reasonable weight of luggage free of charge, and that children under twelve years of age shall only be charged half price Tariil not lo Sec. 16. The above tariff' shall not be taken or vale iirraiige- held to supersede any specific arrangement which parties hiring such vehicles, as aforesaid, may make with drivers or ow'iiers thereof. Sec. 17 No person or persons who shall or may employ any licensed carter, or cause himself, or themselves, or his, her, or their effects, to be carried conveyed, or driven in any public-licenced vehicle ment. No pnrson »liali rcfuso lo piy llio tariirfiire. in the said City, shall refuse to pay the just and es- tablished fare therefor, or the fare agreed to be paid therefor. BY-LAWS. 217 :en or which make may ilf, or irried }hicle Jid es- paid Sec. 18. There shall be affixed by the owner or Tariirtobe driver of each and every Hackney Carriage, in a carriage" conspicuous place in the inside thereof, a card, on which shall be printed the above tariff of rates, with the number of the vehicle and name of owner legibly written thereon. Sec. 19. The provisions of the foregoing sections Provisions of this By-law shall apply, and be held to apply, to t^^i^*l"i*gllg_ Sleighs and wunter vehicles of that description w^hich shall use any of the stands aforesaid. ARTICLE II. CART^«, TRUCKS, &:C. Sec. 20. Each Cart, Truck, "Waggon, Dray, (liable, License. or corresponding winter vehicle, and every other vehicle, which shall be used within the City of Montreal for the conveyance from place to place, within the said City, of wood, coal, lumber, slatCj stone, brick, lime, sand, graA^el, clay, bread, biscuits, milk, beer, porter, ale, whisky, spirituous liquors, goods, wares, furniture, merchandise, building ma- terials, or any other article, or thing whatsoever, whether of a like description or not, shall be licen- sed, as hereinafter provided, and shall have placed upon the same, the number of the licence in plain legible figures of not less than one inch in size, and so that the same may be distinctly seen ; and if the owner of any such A'ehicle shall use, or sutler the same to be used, or if any other person shall use any such vehicle, without being licensed as herein- after provided, or without having the number so placed as aforesaid, or without having paid for such license and number the rates and duties severally imposed in and by the larill contained in the sub- f^il 5,« * ■ sl itA\l ■4 3 • i ' Hi Nil |r.t 218 BY-LAWS. Liconse, wlien to ex- pire. Manner of nnnilji'iMii^'. joined schedule, they or either of them shall ])e liable to the penalty hereinafter provided, ciiicfof Po- Sec. 21. The Chief of Police is hereby authorized grant hcoiis's to grant licenses to such persons as may be deemed entitled to the same, to use and to drive, any such vehicle as aforesaid, within the City of Montreal, and to demand and exact for such licenses and numbers, the several rates and duties specified in the said tariff; and a record of all licenses so granted shall be kept by the Chief of Police, who shall make at least once a week a return of all sums so received, and shall pay over the same to the City Treasurer. Sec. 22. All licenses granted, as aforesaid shall expire on the first day of May next, after the date thereof. Sec. 23. The Chief of Police shall fix and deter- mine the place or places on the said vehicles where the said numbers shall be attached, and the manner in which the same shall be so attached to the said vehicles ; and no owner or driver of any vehicle as aforesaid, shall use, or suffer such vehicle to be used with any other number upon the same than that determined upon and specified by the said Chief of Police. Sec. 24. The following described places shall hen- carts, trucks, ceforth be the only stands in this City on which it shall be lawful to place for hire Carts, Trucks, Wag- gons, and such like vehicles, and corresponding winter vehicles, namely : Firstly, — That part of Commissioners' Street along the harbour revetment wall, from Jacques-Cartier Square to Youville Street ; provided the vehicles be '• iged in a single line, with the horses' heads di- \,''- 1 up the driver. Stands for BY-LAWP. 219 Secondly, — That part ol" CoiaisBiwioners' Street, from the Custom House .Square t^j* n&ie Canal Basin, the vehicles beiiiu; rana-ed in Hiain^ liin?, with the horses' heads directed toward*?; M'/Jflll fftreet. Sec, 25. In every case where lUj*" aFxwe described Win-n stands stands are mtersected by cross (►! 1.^-1* ramp ways or tediivsUvot?. footpaths, clear correspondiui:' kj«i,'>:-» MhiUl be left ibr the same. Sec. 26. The said City shall, lor iJai*;' fyrarpose? of this f^iiy divide! By-law, be divided into thr'-'e divifrDK>iiii,% as follows : divisions The First Division shall compriw:' it2ii(*r Ea.st, Centre and AVest "Wards, (including the Sviraitfei-West side of McGill street and the Korth-'\V<.- 1^ 1 I .. ■ * I ii 220 BY-LAW'S. TARIFF OF (:AI{TA(;K C.KNEllAr. MATES, D E S C R I I' T I X (IK Articles not liPfplii ciiunu'rated (of a conviMilciit liiilk) Ashes, Pot or I'earl.... i\n", I'ork or Fish Couls or C'oko Crockery Flour or Fruit Grain ljumt)er-Sawii, I'roiii yard or boat.. Salt or Uii-e Flrewood-ilry trom hoat or yard " sreeii o- from rafts. . Fnrni;ii-o or Luunano Luinlier-Breen or hard from rafts.. Molasses, Sugar or Oil PIk Iron, Lead, Copper or Tin Bar Iron or Steal (•<» XT KNTS or LOAD. From any pin- (•!• to any other in the 1st Dlvl- sion, or from any phue (e.\- clnsive of the llarhour whar- ves* to any . iduee in the I ( ity and vice- nTHU provided tlieiilsti.nee do not exceed ?4 of u mile. Xot over l.VHdlis, wetKhfj Two liarrels Five liarrels of ;i tierces. . Haifa chaldron or';; a ton One crate or I hngshe.id.. Seven barrels Xot over I..'i For any excess over the (luantlty or weight Hxeil for a load, addllional pro ynta rates shall be palil. If delay Is caused to the Carter by the fnii)loyer beyond the time usually reiiulied for loading, the Car- ter shall be paid rxlrti for such delay at the rate of llvi- cents for every iiuarter ol an hour. If a ("arter is called, and there be no load ready for him, or If lie be unable to hiad the goods or arllides for want of assistance, he shall be paid as If he carried a loud the distance tjnis iinuecessnrllv iravelled. Cts. r> .111 .'Ml 2.-« 111 I HY-LAWH. 221 ARTICLE 111. :_ __ - — • the 1 VI'S till' Sidll (Us- he 1 For of every nnd nil.ll- roni tliiTiiil lusl- liair rvcs) mile. 1 lilt' ermi, Ills- ceeil 10 ROM Any place hi the Kasiern 'i8ectl(m of the Klr.^t DlviBlon. Cts. •Jj .1(1 no 40 X< 2:) :io he piilil. lllR, tlie (■"ill- s or iirllile< ravelleil. VEHICLES IN GENERAL. Sec. 28. No Carriage or Vehicle of any descrip- tion, whether of burden or pleasure, shall be vinven through any part of the City of Montreal during any time that the snow or ice shall be upon or cover the streets of the said City, unless there shall be two or more bells attached to the horse or horses, or some part of the harness thereof. Sec. 29. No person driving any Carriage or Vehicle, or riding any horse, mare, gilding or other })east in or through the said City, shall permit the beast or beasts to run, gallop, trot, pace or go at any rate exceeding six miles to the hour, or in a careless or reckless manner. Sec. 30. No owner, driver, or other person having the care of any Truck, Cart, Waggon or other Vehi- cle, whether used for burden or pleasure, shall stop or place such vehicle at or near the intersection of any street, lane or alley, in such manner as to cross the footing or flag stone, or prevent foot passengers from passing the street, lane or alley in the direc- tion or line of the footway or flagstone on the side of such street, lane or alley. Sec. 31. No person shall drive any horse faster than a walk, when coming out of any cross street or court-yard into any of the main or leading streets in the said City, or in turning any corner of a street in the same. Sec. 32. No person shall use any wheel-carriage on the streets of the said City, during the winter, after the City Surveyor shall have given public notice, prohibiting the use of all such wheel-carrages Hells roinii- n'll in certain cases. Paceat which liiirsos shall Carriages shall not stop so as to olis- ti'uct foot passengers. ■■i!f* M ■1 i. Horses to walk in co ming out of cross streets, Ac. i^ .. -i No wheel carriages to he used after notice from Surveyor. m fiii 1"l»; m 000 JJY-LAWS. Drivors lo lio s]ii'ciully li- conscd. Tlieif f|i,ali- llcalion. . Licenses sub- ject to I'orfoi- turo. Carlers not to carry fleafl bodies in their vehi- cles. Drivers lo exhibit tari(T. within tlio City, which prohibition shall continuo until II notification to the contrary is issued by the said oflicer. Sec. 33. All drivers of any public vehicle at' any kind whatsoever shall be personnally and specially licensed for that purpose in the manner herein before provided, and no person shall drive any pu- blic vehicle without l)ein^- provided with such license and with a corresponding number ; and every such driver of a public vehicle shall, whenever re- quired, exhibit the numbef given to him on taking his license. Sec. 84. All licensed drivers as aforesaid, shall be properly qualified for the business from age and ex- perience, and each capable of controlling the horse in his charge, and they shall all be provided with good sound horses, and with subtantial vehicles and harness. Sec. 35. All licenses, whether to owners or drivers of vehicles as aforesaid, shall be liable to forfeiture, for incompetency or misconduct, or on conviction of drunkeness or any other misdemeanor. Sec. 30. No licensed carter shall carry any dead body or allow his cab or other covered vehicle to be used for the purpose of carrying any dead body. Sec. 37. Every driver of any public licensed Vehicle for hire in the said City, shall, when requi- red so to do, by any passenger, in such Vehicle, exhibit a copy of the tarifl" of rates of conveyance hereinbefore mentioned. Sec. 38. Every owner, driver, or person having Drivers to of vehicle. charge of any Vehicle aforesaid, in the said City, HY-IiAWH. 228 ntiiiuc by the at' any ecially herein 11 y pn- 1 such 1 every iver re- takinjij ^hall be and fcx- e horse (1 with ?les and drivers feiture, viction dead le to be body. Icensed re qni- lehicle, n'anoe laving City, sna|) or tlinir- is wliip, \c. sliall, upon bein^' requesli'd so to do, give the num- ber oi'his vehick\ the name of the owner thereof, and his phice of abode. Sec. 80. No person havinu'charue of any Vehioh\ shall ik.i on any of the stands aforesaid, sliall wantonly snap or flourish his whip, or needlessly leave such Vehi- cle, or annoy passengers in the street by seeking' for employment. Sec. 40. Every carter, or driver of any public Carters to licensed Carriag-e or Vehicle lor hire when uiiem- ti,.^i .,|,p|i. ployed, shall be held to accommodate the iirst per- '""' son who shall oiler him employment ; and no carter or other person aforesaid when unemployed shall loiter about, or remain on any other place than on one of the stands aforesaid. Sec. 41. No carter shall make use of, for hire Ciris or tmn- withiii the said City, any Cart or ,Tumbrel, that " ^' shall contain less than two hogsheads, except in cases hereinafter provided and which shall not have been previously measured and stamped by the Chief of Police. Sec. 42. All Tumbrels used lor the carting of lime Tumhreis tor shall be capalde of containing three bariques, and ^'^' '"^ '""^" those for sa lid two bariques, in both cases to be stamped, in the manner designated in the preceding section. Sec. 43. All Tumbrels, or other such Vehicles, Tumbrels for used in the said City, for the transport of loose or Jj"^ liquid materials, shall be so constructed as not to drop or lose any of the load in the streets ; and no person shall hereafter use or drive in any part of the City, any Tumbrel or other such Vehicle if otherwise constructed than as herein provided. Ml 'I'll ■ 'ill 224 IJV-LAWS. Carls, liucks, Ac , to Imvo (Irivci's. I'oliofMiii'ii to visit, sitaiids. Exchange! ol miinliors jiro- liiblt'd. Drivers to remain near vehicles. Licenses to specify vehi_' cles. Sou. 44. Kvory Curt, Truck, or Niicli liko \%'hiclt>, shiill 1)0 pvovidod with a tlrivor. It sliiill, howovor, 1)0 allowa])lo lor quo drivtT to have charg'o ol' two such, whou tho U«d horse and cart are securely attached to tho one preceding- it. Sec. 4:). It .shall bo duty ol" the Chief of Tolico, and ol' tho olHcors and men under his command, to visit tho public stands and places where Vehicles lor hire are permitted to stand ; and thereat, as well as elsewhere, at all times, and in all i)laees in the said City, to enl'orce the rules and regulations respect- ing such Vehicles, and the drivers thereof, and to maintain order amongst the same, and to report to the Clerk of the Kecorder's Court all offenders against any of the provisions of this By-law. 8ec. 4(5. No person shall exchange, oi lend out, his number, or numbers for which licenses have been taken out; neither shall any person have a number on his, horse, different from the number attached to the Vehicle. Sec. 47. It shall not be lawful for the drivers of Vehicles frequenting the public stands in the said City, or any of them, to stray or absent themselves from the Vehicle or Vehicles under their charge. Sec. 48. In each and every of the licenses for Carriages or Vehicles, kept or used fo^ hire within the said City, by others than livery stable keepers to be hereafter issued, the kind of sumvao. or win- ter Vehicle for which such licenses shall be taken out, shall be distinctly mentioned ; and no person shall hereafter, use for hire any kind of Vehicle within the said City, being of a different kind from BY-IiAWS. *d»tO (1 out, ; have have imbor »s for Ivithin fepers \vin- Itaken |)ersoii }hiclc from iiuiiibi.TS', Ac, \o per son shiill nliliti'i- aii' immlicrs that for which such person shall have a license as aforesaid, or permit any person in his employ so to do. Sec. 40. No person shall forjjo or fraudulently Forp'iyof multiply any of the numbers issued under the authority of the Chief of Police, lor A Chicles for hire, in the said City ; neither shall any person make or cause to be made, a copy or copies of the same, or shall have affixed to his horse or Vehicle, any number or numbers which have not been so issued. J^ec. 50. No person shall obliterate, deface, reverse, cover over, or by any contrivance conceal or ren- der illejf^ible, the number or numbers of his Vehicle or Vehicles, or permit the same to lie done. Sec. 51. Every person, being the owner or owners Numiiors of any Vehicle or Carriage, for hire in the said City, (.,i on \ clii- W'ho shall prefer to have the number or numbers ^''''*- for which a certificate or certificates of registry has or have been procured, painted on any such Vehicle or Vehicles, shall be required to apply for and obtain the leave of the Chief of Police of the said City, so to paint the said number or numbers on any such Vehicle or Vehicles ; and shall, moreover, in every such case, after leave has so as aforesaid been obtained, be further required to cause the same to be painted on such Vehicle or Vehicles so as to correspond as to size and colour with the tickets of numbers issued under the authority of the said Chief of Police. Sec. 52. Each and every person hereafter apply- Tcstimoni.i'' ing for alicense under this B> -law shall, if required, H'',,,?" "'J ,';;"• before obtaining the same, produce and file a testi- i"oiimi'ii if monial or certificate, which shall be satisfactory to 19 ' Jill i !' :tl it. i '' ' ill I IV I 1*^ li* 22t; }{Y-LA\VS. MasliT car- tors liahle for miscori liict of drivers. Penallv. Tariff of rntfs and duties to he paid by- carters, ivc. the Chifi' of Police, oi' hi.s lioiiesty, .sobriety, and U])rii»ht character, and of his capacity and means to keep a good horse and Yehich'. iSec. o3. Master carters, employers and owners of horses and Vehicles, shall in all cases, be liable for the misconduct or negligence of their servants, drivers, or persons in their employ, or liaA'ing charge of their horses or Vehicles ; and for each offence committed by their said servants, drivers, or other persons in their employ, or having charge of their horses or Vehicles, against any of the provi- sions of this By-law, the said master carters, em- ployers, and owners of horses and Vehicles shall be liable to the same fine and penalty as are therein and thereby imposed upon the said servants or dri- vers, or other persons aforesaid, the actual offenders. Sec. 54. Any person offending against any of the provisions of this By-law shall be liable to a fine not exceedino- twenty dollars and costs of prosecution and to an imprisonment not exceeding two months, for each offence. Sec. 00. The several rates enumerated and speci- fied in the Tariff contained in the subjoined Sche- dule shall be the rates which the Chief of Police shall be and is hereby authorized to annually de- mand and exact for the license for any of the Carriages or Vehicles therein mentioned. (Schedule.) TAPtlFF OF RATES. To be collected annually by the Chief of Police for licenses issued to carters and others using hack- ney-carriages or vehicles for the conveyance of s c s 5 each speci- Sche- Police illy de- of the BY-LAWS. passengers, or the transport of goods, WP""es, mer- chandise, building materials, produce or other arti- cles, in the City of Montreal, HACKNEY CARRIAGES. 1. For every Cab, Caleche, or other two wheeled vehicle — Five doUnrs $5 .00 2, For every four wheeled Carriage drawn by one horse — »S'ere« dollars 7.00 i]. For every coach or four wheeled Carriage drawn by two horses — Nine dollara 0.00 4 For every Omnibus or Stage coach — Sixteen ihllars 16.00 CARTS, TRUCKS, WAGGONS AND OTHER VEHICLES. The licenses for Carts, Trucks, and other vehicles used for the conveyance of goods, wares, merchan- dise, etc., shall be divided into three classes, as follows : The first class shall include all Carts, "Waggons, and other vehicles running within the City for hire or reward not otherwise expressly provided for, and shall pay : — 5. For every Cart, Truck, or other two wheeled vehicle — Tic o dollars 2.00 6. For every AVaggon or four wheeled vehi- cle drawn by one horse — Six dollars $6.00 7. For every "Waggon or four M'heeled vehicle drawn by two horses, and made to carry a load under 4.000 lbs. weight — Seven dollars 7.00 227 ■■^''^ i it' :■-*■''■ [.:■ i" 4 n ■ \ If *fi 228 I *iir BY-LAWS. 8. For every wag'g'oii, Jloat or other four wheeled vehicle drawn by two or more horses, and made to carry heavy articles or materials weighing- 4,000 lbs, or upwards. — Nine Dollars 0.00 9. For every Diable 4.00 10. The second class shall include all Carts, "Waffgons or other vehicles used by Mer- chants. Traders, Manufacturers, Contrac- tors for the conveyance or delivery of the articles or effects dealt in, manufactured or made use of by them, for each of which there shall be paid, in addition to the rate,* charged for in the first class. — Two dollars and fifty cents 2.50 11. The third class shall include all Carts, Waggons, or other vehicles used by Ex- pressmen, Bakers, Brewers, Distillers^ Far- mers or hardeners, for each of which there shall be j)aid, in addition to the rates charged for in the first class — Five dollars... 5.00 Parties obtaining licenses, as aforesaid, shall more- over pay the annual assessment on all working horses employed in drawing the above mentioned vehicles or Carriages, at the rate of two dollars and fifty cents (i$2,50) each, and also twenty-five cents for each number granted by the Chief of Police. The same rates shall apply to all corresponding- winter vehicles. 2.50 o.OO more- irking ioned and cents ce. 11 ding BY-LAWS. No. 51. By-law to provide for tlie ('are and Mana- gement of tlie Montreal Water Works, and to establish a Tariff of Water Rates. [Passed Wh March 1870.] Sec. 1. The Water Department of this City shall be under the direction of the Water Committee. Sec. 2. The Superintendent of the AVater Works shall take such charge of the Aqueducts, reservoirs, and other works and property, as well as of all plans belonging- to or connected with the Water Works, as the Water Committee may from time to time direct ; and he shall perform all such services in relation thereto, as may be required of him, by the said Committee, or the City Council. Sec. 3. The said Superintendent shall, on or be- fore the fifteenth day of March, annually, present to the City Council a report of the geiu^ral condi- tion of the Water Works and such other matter as he, or the Water Committee, may deem exi)edient, accompanied by any information or suggestion, which he or they may deem necessary. Sec. 4. The said Superintendent, or any of his deputies, may enter the premises of any Water Tenant, to examine the water pijies and apparatus, the quanity of water used, and the manner of use. Sec. 5. The introduction of the said Water into all buildings to be supplied by the said Water W orks, shall be made by and at the expense of the said Council ; but the distribution of the Water in 229 Water De- pa rtinent.un- flor whose (lirection. Superinten- (ii'iit to have charge; of aquo(]uctp, He shall make an an- nual rejtort. City's agents may fnler premises, Ac. Introduction of water and (listrihulion jiipes. II H ' ;i'"" fill A 'I ■ I 5 r ii I 230 BY-LAWS. H ■1 IVnants to ketp pipes in good repair. To prevent waste, Ac. No allernlion to be made, except, iVc. Water not 1o be supplied to otlier par- ties, Ac. Hvdraats. Turning on or turning ofT of water all such buildings shall be made by and at the ex- pense of the proprietors thereof ; and whenever any- such building may be occupied by a tenant and the projDrietor thereof shall refuse or neglect to provide for the said distribution, such tenant may, in case the said Council shall exact from him the payment of the rate imposed as aforesaid, withhold from the said proj)rietor, out of the rents to be paid to him, the sum thus paid by such tenant, unless there be an agreement to the contrary between them. Sec. G. All persons taking the water shall keep the distribution pipes within their premises in ^ood repair, and protected from frost, at their own ex- pense ; and they shall be held liable for all damage which may result from their failure to do so. Sec. 7. Water Tenants shall prevent all unneces- sary waste of water, and there shall be no conceal- ment of the purposes for which it is used. Sec. 8. No alteration shall bo made in any of the pipes or fixtures inserted by the City, except by its ao'ents or officers. Sec. 9. No water is allowed to be supplied to parties not entitled to it under this By-law, unless by special i^ermission from the Water Committte. Sec. 10. No person, unless duly authorized by the said Committee, shall open any hydrant in the said City, or lift or remove the cover of, or draw water from the same. Sec. 11. No person shall turn on or turn off the Water in any manner, or interfere with any of the water pipes or valves belonging to the City, with* oiit the license of the Water Committe, or of the said Superintendent, BY-LAWS. 231 ex- Iff the ^f the I with* iof the See. 12. No person shall pass the llailiug enclo- sing the Reservoirs of the said City, or shall defile, or dej)csit any filth or offensive matter in the said Reservoirs, or on the bank or ground adjacent the- reto, belonging to the said City, or shall allow any dog or other animal, to go or jump in:o the said Re- servoirs, or upon the said bank or ground ; or shall pass or remain upon the said bank or ground after ten o'clock in the evening ; or shall do, or cause any- thing to be done tending to defile or corrupt, to dis- turb or agitate the waters of the said Reservoirs. Sec. 13. No person shall draw water from the Ri- ver St. Lawrence for the purpose ofsellinjr the same in any part of the City. Sec. 14. No person shall draw or use water from the Water Works in the said city, for private foun- tains, or for hand hose for watering purposes, or for building or manufacturing purposes, unless such person shall have previously obtained from the Su- perintendent of the said works a written permission to that effect and paid the respective rates charged in the subjoined tariff for the supply of water in such cases. Sec. 15. No metre shall be used for determining the quantity of water supplied by the said works, unless the same shall have been previously submit- ted to and approved l)y the said Superintendent. Sec. IG. The several rates enumerated and speci- fied in the Tarilf contained in the subjoined sche- dule, shall be and the same are here])y imposed for water to ])e supplied from tho Wniov AVovks of the said Cits\ No person to inlei-fere with rf servoirs, &c. \o person l(t soil \v*er from theri- Water for building pur- posos^nd not to ho used without per- mission. Motre to hp appfjV'^d of. Water rates pstabiisliod. 11 ' 'I .V I j 111" i t'>\ 232 BY-LAWS. Hy whom l>ayablo. Charfi;os for s|)''cilic sup- I'lios. Siipplf may Iju cut oir. Penaltv. Sec. 17. The said rates shall be due and payable to the City Treasurer, in advance, on the fifteenth day of August every year, by the occupant or lessee, or occupants or lessees of all buildings, part of buildings or tenements in the said City, supplied with water from the said works, as well by those who shall con- sent as by those who shall refuse lo receive the water r Ipe to supply the said water, or to use the same. Sec. 18, All charges for specific supplies, or for fractional parts of the year, shall be payable in ad- vance, and before the water is let on. Sec. 19. In aV < imposed by the p the same are due, authorized oliioci .J of non-payment of the rates ' By-law for thirty days after the said Council or any duly diav^. \^ with the manage- ment of the said "Worics, inay cut off the supply of "Water from any building upon which the said rates shall ])e due, which shall not prevent the said rates from running as before ; and the AVater shall not be let on except uxion payment of all arrears due. Sec. 20. Any person offending against any of the provisions of this By-law shall be liable to a fine not exceeding twenty dollars and costs of prosecution and to an imprisonment not exceeding two months, lor each offence. U II )leto BY-LAW»- SCHEDULE. TARIFF OF WATER RATES. DWELLING HorSEJ?, For every Tenement or Dw-elliiiw Hoaae occupied by one family only : Pi>;- Annum. 1. — When assessed at an amoiamt ufA exceed- ing- $30 per annum, Fire U^y/lan $5.00 2 — When assessed at an amouimtt exceeding 130 but not over $40 , $5.75 3 — "When assessed at an amoiUBir t^eceeding $40 but not over $-30 „ $6.50 And so on, continuing acc-wdim'? to the same scale, that is to fear. aid«Iing for every additional sum or any part thereof, sevefi(t/-fi'r€ riej«/l'f $0.75 For every additional family liodirmg in or occupying any part of t^u<•Sa Tenement or Dwelling House, an a4dBiiw>nal rate shall be exacted, equal ly ht liundred and sixty-livo and intituled " Bij-law to rc'ji'iiliUe the sale and itieasarciiie/il of roal."; the By-law of the said Council, number twenty- two, passed on the seventh day of Juno one thous- and eight hundred and sixty-nine and intituled . " Bi/-laiv concerning- doi^s ; " the By-law of the said Council number five, passed on the eleventh day of Septeml)er one thousand eight hundred and sixty- six and intituled " Bj/dav) of Ihe Conncil of llie Cili/ of Montreal to prevent carters from tratisjtorlinii: dead bodies in covered carriages ;" the By-law of the said Council, number eleven passed on the eighth day of May one thousand eight hundred and sixty-seven and intituled" Bij'hnv concerning the organization of the Fire Department ;" the By-law of the said Coun- cil, chapter sixteen, passed on the tenth day of May, one thousand eight hundred and sixty-five and intituled " Bydaw concerning frewood ;" the By-law of the said Council, chapter seventeen, passed on the tenth day of May, one thousand eight hundred and sixty-five and intituled " Bj/daw concerning offences against good morals and decenc// ;^^ the Bv- law of the said Council, chapter seven, passed on the tenth day of May, one thousand eight hundred jn-iiA\vs. 28f> le By- sed on Lndred and sixty-five and intituled " Hii-I^rtificate of compe- tency as Engineer of the first class, granted by the Board of Inspectors constituted in virtue of the 31st Victoria, chap. 65, of the Dominion Parliament. H(iil> rs to he ajipoiiiloii. Sec, 2. — No person or persons, Company or Cor- \o boilers to used un- sins|)ected poration, shall hereafter use or employ any Boiler ||^'^:"^'^'^ "" for the generation of steam, or for heating purposes, in public or private buildings, when the pressure used exceeds five pounds per square inch, until Iho same shall have been first duly examined and tested by the said Inspector, and until the said Inspector shall have furnished to such person or persons. Company or Corporation, a certificate to the effect that the same is constructed in the manner herein- after provided ; and it shall be the duty of the said Inspector to examine and test once in every year all Steam Boilers, as aforesaid, within the City, and to grant to any pcr.son or persons, Company or Cor- :^1 * i 242 BY-LAWS. Boilors liow tested. '**!■ Vnlvpf. poratioii, using' or employing any such Steam Boiler, a certificate of such annual inspection and examina- tion, if he approves of such Steam Boiler. Sec. 3. — The Inspector shall su])ject such Steam Boiler to a test by hydrostatic pressure, the limit of which shall in no case exceed one hundred and lifty pounds to the square inch, and shall, before the Boi- lers are set in or encased with brick or other mate- rial, satisfy himsc^lf, by examination and experimen- tal trials, that such Boilers are in each case well made, and of good and suitable material ; and in subjecting such Steam Boilers to hydrostatic pres- sure the said In.spector shall assume one hundred pounds to the square inch as the maximum pr^^ssure allowable as a working-power for a new Boiler forty- two inches in diameter, made of the best refined iron, at least one quarter of an inch thick, and shall rate the working pressure of all Boilers, whether of greater or less diameter, according to this standard ; and in each case the test applied shall conform to and be indicated by the working pressure desired by the proprietor, wathinthe limil above prescribed as the standard for all such Boilers, and in the ratio of one hundred and fifty pounds to one hundred of working pressure, using the water in such tests at a temperature not exceeding sixty degrees Faren- heit. The said Inspector shall have access to all Boilers subject to inspection at all seasonable hours. Sec. 4.^ — No valve, under any circumstances, shall at any time be so loaded or managed as to subject a Boiler to a greater presure than that allowed by the Inspector, at the then last insi)oction thereof, as the working pressure-; and each Boiler shall have a BY-LAWS. 243 (lard ; rm to sirod ribed 3 ratio red of sts at fareii- to all ours. (.hall .i])ject dby 'of, as liave a locked-up valve loaded to such pressure ; whicli said valve shall not be accessible to the jiroprietor, but to the said inspector only, whose duty it shall be to examine and test the same at least twice a year, of which he .shall keep a record. Sec. 5. — No Boiler or Pipe shall be approved Boii.rsclisap- which is made, in whole or ii part, of bad material ulin^ case's.'^'' or is unsafe in its form, or dangerous from defective workmanship, age, use, or any other cause. Sec. 6. — Each Boiler shall be provided with sui- Saivty valves table water and pressure guages, and with safety valves of suitable dimensions, suilicient in number, well arranged, and in good working order, and so constructed as to open at or below the working pressure above mentioned. Sec. 7. — The said Inspector shall be entitled to ivos ask and receive, from any person or persons, (Com- pany or Corporation, using or employing a Steam Boiler or Boilers, as aforesaid, for his first inspection of the same and certificate, the following fees, viz : 1. — For a Boiler used for motive power, or manu- facturing purpose--^, Three Dollars; provided that if there be more than one Boiler in the same estal)li.^h- ment, there shall be charged Three Dollars for the first.and Tiro Dollars for every additional boiler used. 2, — For a Boiler used for heating purposes in pu- blic buildings. Two Dollars. 3. — For a Boiler used for heating purposes in pri- vate dwellings, with a pressure as herein ln'fore li- mited, One Dollar. — For every subsequent annual or other inspection of such Boilers, by the said Inspec- tor, and certificate, the same fees shall be charged m ! II 244 BY-LAWS. Inspficlor under whose control. Penalty. and paid as above specified — all of which fees shall be paid over and accounted for by the said Inspector to the City Treasurer, monthly, or oftener if required. Sec. 8. — The said Inspector shall be under the con- trol of the said Council, and shall make a report to the said Council at the end of every year, giving full particulars of the work performed by him as such Inspector, and the various amounts received in his said capacity. Sec. 9. — Any person or persons. Company or Cor- poration,using or employing a Steam Boiler, contrary to the provisions of this By law, or not procuring the required certificate, or violating any other pro- vision of this By-law, shall be liable to a fine not ex- ceeding Twenty Dollars, and to an imprisonment not exceeding thirty days, for each offence. CATALOGUE OF THE CITY GOVERNMENT. (CONTINUED.) 1866. Henry Starnes, Esq., Mayor. ALDERMEN. F. Contant, D. Gorrie, F. David, Geo. Bowie, ! J. B. Rolland, j A. A. Stevenson, W. Rodden, I Thos. McCready J. B. Goyette. COUNCILLORS. D. McNevin, (1) T. S. Higg-inson, J. W. MoGauvran, P. Donovan, Jos. Ponpai't, A. \V. Ogilvie, David Brown, J. H. Isaacson, F. Cassidy, B. Bastien, .1. 0. Mercier, B. Devlin, L. Labelle, J. Leduc, M. Lanctot, A. Bernard, J. E. Mullin, (2) F. X. St. Charles, 1867. Hon. Henry Starnej^, Maj/or. D. Gorrie, \V. Rodden, Thos. McCready, F. David, ALDERMEN. N. Yalois, A. W. Oo-ilvio, B. Devlin, B. Bastien, Jos. Poupart. (I). Ro?ignC(l July 1800 ami roplncofl by W. Mastonnan. ("2). Unseated by jndpmciit of the Coiui and rt'|ilai'i'd Ijv Ohs. Ale\aii(l<'r, .larmarv 1.S(17, 1 24G CATALOGUE OF THE CITY GOVERNMENT. COUNCILLORS. David Brown, J. H. Isaacson, F. Cassidy, L. O. Morcier, L. Labello, J. Leduc, M. Lanctot, (1) A. Bernard, F. X. ISt. Charles, Chs, Alexander, J. AV. McGauvran, W. Masterman, K. Holland, II. A. Nelson, R. Taylor, Jos. Doiitre, D. Munro, James McShane, (2) 18G8. William Workman, Esq., Mnyor. ALDERMEN. W. Hodden, T. McCready, F. David, N. Valois, B. Devlin, Chs. Alexander, A. Bernard, B. Bastien, D. Munro. councillors. J. Leduc, F. X. iSt. Charles, J. W. McGrauvran, W. Masterman, K. Holland, H. A. Nelson, K. Taylor, Jos. Doutre, A. Dubord, James McShane, T. Wilson, Henry Lvman, II. H. Stephens, T. M. Thomson, Cr. W. Stephens, AV. Henderson, Jos. Simard, P. Jordan, (3) (h. L'nsriitc'il l»y JiiiiiroiiiPiit of tin' Coiui .•nil T'lilaf""!! liy .Mexis Duboi'il, .luiif liS i7. (2). nqiliu'i'd 1'. Doimvan, rosij^noil, initrrli IfsCiT. (t). lUiplnoi^ii L. Labollc, (JecoaseJ. CATALOGUE OF THE CITT •(WTERrOIENT. "William Workman- E*^ ^"7 ourvevor vS;X"^'-""^^-="'''-...OityS„r- John O'Connor a V ^4^ A. M„.se„: Clet Tre"' ' """"''"«• ""1 ^^• ^V.La„e,F.XCwt:u;;TD:r°f^ Lea,, a.,d John VnfT' r ', -^^"'^o'"' D- Mc- C. Perrin, Ja, ^Brie^ S f^ - ^-k. do. tea. Clerk. ;.at:;^::./r^:''<' Henry Fil. ■t^- JN. Lamothe and P T n n,fT. « •^- ^"n-an, Clerks ,•«+!, <^ity Surveyor's Office ^^erKs in the F. H; BlTchS T r'"' .''^^'"'■''"•^ Court. V Y n .^ ^ Telegraph Operator ■'op!:r^-^^"»-vui,i\j:::,,,,,,^. i'ji 250 OFFICERS OF THE CORPORATION. Henry Kollmyer, Clerk of St. Ann's Market. Thomas Day, Assistant do, Joseph Robillard, Clerk of Cattle Market. F. X. Payette, Assistant do. A. Schwartz, Clerk of Hay Market. Wm. Monahan, Assistant do. Wm. Grunn, Clerk of St. Lawrence Market. T. Orsali, Clerk of Papineau Market M. M. Vaug-han, Clerk of St. Gabriel Market. Ed. Payette, Clerk of St. Antoine Market. A. D. Joubcrt, Jos. Dumont, L. C. Therieii and I Ringuette, Bailiffs. James Darcy, Messenger, Henry Stuart, Rouer Roy, Atiometjs \V. Ro.«sencc provided for... 14 CITY PASSENGER RAILWAY 80 CLOSING HOURS. For taverns, &c 43, 75, 108 COAL 125 COAL OIL 160 COMMISSIONERS. In cases of expropriation 16, 17 Their qualification 41 Forthe Park 46 CONSOLIDATED FUND. With classes A.B.C. stock. ...20, 21, 22, 24, 38, 30 CRUELTY, To animals 139 DEAD. Animals 150, 187 Bodies not to be transported in covered carriages 222 17 41 4G INDEX DELAY. r>mTY\vATm is W8C0UNT. 149 Oil Water rates WSQUALIFICAtW. ^^. 82 <^^f members DOGS J4 DOORSTEPS 1^7 ^00118. J0.3 DKILL Sllfij). Loan for. EDUCATION. 9 Extracts from Ad KLECTION. ^" 51, 73 01-me.„bcr., time altered. E\'SoT'^--~'i "^ EXPROPRIATION 146 In-.eofam,-cabIearrange„e'„ta;p-eei;, '' .''«s™«ittobemado.. ^ Co„.,„,. ie„e, ,„ dete™i„:«;,7;;- " "' "te parties interested,... „. 39 253 2U INDEX. What ? where there is but a small depth of the lot after expropriation 40 Prothonotary to remit interest on depo- sits &c 40 Commissioners',— property qualification. 41 Rolls of assessment may be annulled and others ordered, &c 41 FARMERS. Licensed to sell potatoes by the bacr,&c. 92 FIRKARMS .^ 160 FIRE COMMISSIONERS 70 FIRE DEPARTMENT I3l FIRE MARSHAL 6o, 70 FIREWOOD 136 FIREWORKS 169 FOOTPATHS. Assessment lor 30 FRANCHISE. Extended 12, 13 GARDENERS. Licensed to sell potatoes by the bag-, Szc. 92 GAMING .^ 138, 139 GOOD MORALS— and decency 138 GRATINGS 203 HAY MARKET 88 HEADS OF DEPARTMENTS. To furnish statement of appropriation required 102 HEARTHSTONES no HOSE Penalty against per.«ons injuring..... 133 HOIAIR. Furnaces 162 INDEX. 255 30 02 139 il38 |203 88 .102 illO ,133 il02 liogisters 164 iiour:s. Of closing taverns, \'c 43, 75, TO, 108 HOUSES. Onil lame 44 To ))o number 'd 206 HUCKSTERS. I'rovisiun.s relating to, repealed 1*3 HYDRANTS ^ 230 INNKEEPERS 20. 37, 43, 75, 108 INSPECTOR. Of Boilers 241 OfBread 112 OfFirewood 136 Oi Buildings 113, 122 May order demolition of buildings in certain eases 40, 122 INTEREST. On stock, Debentures, &c 30 On arrears of assessments 81, 82 JUNK STORES 48 JURORS AND JURIES 58 LAMPPOSTS 205 LIGHTING : 205 LITTLE ST. JAMES. Street, change of level 94, 103 LIVERY STABLES— Tax on 107 LOAN Of 675,000 (drainage) 8, i)f$75,000 (DrillShed) Of $200,000 (AVater Work.s) Of!s250,000 (CilyHall) 28 Of !§400,000 (Consolidation) 18, 10 • 'I 256 INDEX. LOAN Of $175,005 (Water Works) 19 Of $3,^0,000 (Mount Koyal Tark) 44 45 Of $500,000 (Water Works) 46 MATCHED.! 1G7 METRES— (Water) 237 MEETINGS. Special — how called 5. 6 MILK. Sale of 48, 144 MOUNT ROYAL PARK 44 MUSICAL SALOONS 139 NEW CITY HALL 28 NOTRE DAME STREET. Widening- of 0, 7, 83, 90, 93 NUISANCES 14G OBSTRUCTIONS. In Streets, &c 189 OIL FACTORIES 157 OLD WALLS 122 PARK. Mount-Royal 44 Commissioners 45 PARTITION WALLS 121 PAVING STREETS 30 PEACE— And good order 172 PETROLEUM 160 PICrS— Keeping of 30, 178 PLACARDS-Po.sting of 20G PLAN — Not required in certain cases 17 POLICE FORCE. At criminal Couits 72 PRIVIES IIG. 151 ■a 19 45 46 1G7 237 93 14G 189 157 122 INDEX. J'iiOTHOIVOTARY QUALlFfc^TfOJV. ^i volor.s (^''m«>inf)or8 KKALKNTATE. ^l-^^y i>e .sold lV,r taxes Iii^C0inJKK;S COTOT ^^•^rktoco,uhu.t.asA^o Jv.'oordino- nivw... j- "I ^^ 1 idtio-.. J"ipns<,nm..,u i,, easp">r olli,,,. ""^^ ""'• r ^^''•^''iH ]>'-ovision.. Horio ■■;;■■■■;■■■ ji^JjKtJ()(\s \\njw>>s!iiii, Jf ii^JiJa()lJ^^;_^^T , . , •; 257 40 173 13 18 8 8 27 27 ll •)-) 29 172 258 INDEX. ROOFING— Composition liOOFS— Snow on SALE OF PROl'MUTY— For taxes, &c SCAVFNCrKKS l;34, loo, SCHOOL. Tux Coinniissionors nniy etiect loans 57, SEWFKS. Construction of Cost, hy whom borne Private Connections l h2, SHAVLNGS SIJ)FAVALKS :30, Iss, ]!)4, SKiNAJ. BOXKS SIGNS SINKING FIND 2:], 24, SCAFFOLDS SLAIGIITEU HOLSES i:,7, SNOW. Removal ol' .' 1 1 14, SOAF FACTORIES 14!t, 157, SPECIAL MEETINGS— how called 5, SJ'OI TS STAr>LES 27. 77. STAGNANT WATER STEAM. Eni>ines 157, r»oilers ST. FELIX STREET. Discontinued in part '. 115 iitt; 18 184 97 73 17tl 17i» ISO 1H:{ Kh 1I>5 185 201 25 122 102 19»j 162 ]l!l 7.S 120 102 241 85 97 IS 85 To ))(, J^ep^ y ^,. NT(m;pY;:,^---'^-^=^^ STJiKin\s. may 1)0 asstvss.'d "Periiit.'iul, .,„.,. oo 120 "H, 1,;,; fiviii"- ot\ riKl, r \vh Wid/ii O.S(! N 50 -^fjiy !>.. ,.Jo.s,.cl Pr. ''^'"'y- mad, ^o aj](»w (.,.j.^ aiji works allof ^■'nihons to J,.. (,k..„ ^ if»(j lf»7 "ii'JK to h V PJ >uiJd •' IMiidc I *"■ '.'•v'cinution.s., i<»7 '"i^" miKoiLi],^ >y Mirv '■yor lor _'•<•] );irmj.- 2uortar. ,V "■mii- coal or Ji c. III. ]!»S l"""fiil>i(e(1 1)00 •■<'^^'"'>'liii,n.oul..,U....i . • ,. .' " 2(M ( ^"•('.s .suspended from h ^'"■'^m^- o-oods iVoiu I <»Uses, i'ossmo\s 'y ';ickJ( •S •'ou Aperture ^'<^i^l hoJ,.s and «•■ I hoi Km] I uoj to I mission i"atinns '•' removed uid 201 202 202 20:} 2U( por- ivomentandsM,.u,,„., i'ound ii'V stont> "»)urv lo rees. ©ert; Kunif) ;'»,yam,.sin, prchii,,',",;;, SUNDAY ()I)S '^'"lyoi'hou ■ses. 204 20J 204 -04. 20.1 20o 20 ( •-rvanco of. 82. V}H 259 1^^ 260 INDEX. TARIFF. Wntor Rat.'s 233 Cinriaoo.s 216 TAVERN KEEPERS 26, 37, 43, 75, 108 TANNERIES 157, 162 TRANSFERS— or. stofk 38 TKEES— riiiniiiiiior, in streets 48, 104, 194 VACANT LOTS— 146, 147 VARNISH FACTORIES 157 VAULTS AND CISTERNS 206 VEHICLES Hackney earriairt^s 210 Carts, tnuks cV' 217 Vehicles in yeneral 221 VOTING— illeiial-punishable 36 WALLS— partition 121 Dilapidated 122 WATER RATES Established 233 Disconnt on 81, 82 WATERWORKS 229 Introduction (»r])ipes in bnilding-s 229 How laid-when building is distant from line of street 30 Supply may be cut off' 232 Reservoirs 231 Metres 237 WOODEN BFILDINGS 114 WOOD YARDS 168 YARDS— to be kept clean 149 .. 233 .. 216 5, 108 7, 162 .. 38 i, 194 3, 147 ... 157 . 206 .. 210 .. 217 221 . 36 . 121 . 122 .. 233 I, 82 .. 229 .. 229 r ■HHI 30 232 231 237 114 168 149