IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 11.25 ■ti|2i 125 ■tt Bii 12.2 £f iA& HO 6" -► 0^ ^^ '^1 f^.>^ ^. '/ HiotogFaphic Sciences Corporalion •'^ ;S \. 23 WIST MAM STRHT wnsni,' Y. i4sao (;-1«)l/2-4S03 CIHM/ICMH Microfiche Series. CIHIVI/ICIVIH Collection de microfiches. Camidian iMtitut* for Historical IMicroroproductiont / imtitut Canadian da microraproductions historiquas i <\ 5.^ Li^' ''>''i*Tij "A'" -\ Technical and Bibliographic Notaa/Notaa tachnlquaa at bibliographiquaa The inatituta haa attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibliographically uniqua. which may altar any of tha imagaa in tha reproduction, or which may aignlficantly change the uaual method of filming, are checked below. 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Ma difl an^ bei rigl req »X 30X y 12X 16X aox a4x 28X 32X TiM copy filmtd h«r« hM bMn r«producMl thanks to tho gonoroslty of: Library of the Public Archivas of Canada L'axampiaira film* fut raprodult grflca k la gAn^rosit* da: La bibllothiqua das Archivas publiquas du Canada Tha imagaa appaaring hara ara tha baat quality poaaibia conaldaring tha condition and iagibillty of tha original copy and In kaaping with tha filming contract spacificationa. Original copias In printad papar covara ara filmad baginning with tha front covar and anding on tha last paga with a printad or lllustratad impras* sion. or tha back covar whan appropriata. All othar original copiaa ara filmad baginning on tha first paga with a printad or lllustratad impras- slon, and anding on tha last paga with a printad or lllustratad impraaaion. Tha last racordad frama on aach microficha shall contain tha symbol -^ (moaning "CON- TINUED"), or tha symbol 7 (moaning "END"), whichavar applias. Las imagas suivantas ont M raproduitas avac la plus grand soin, compta tanu da ia condition at da la nattatA da l'axampiaira film*, at an conformity avac las conditions du contrat de filmaga. l-as axamplalras orlginaux dont la couvartura an papla/ ast imprimta sont filmte an commanpant par ia pramiar plat at an tarminant soit par la darnlAra paga qui comporta una amprainta d'Imprassion ou d'iilustratlon, soit par la sacond plat, salon la cas. Tous las autras axamplalras orlginaux sont flimfo an commanpant par la pramlAra paga qui comporta una amprainta d'Imprassion ou d'iilustratlon at an tarminant par la darniAra paga qui comporta una talla amprainta. Un das symbolas suh/ants apparaftra sur la darnlAra imaga da chaqua microficha, salon la cas: ia aymbola — ► signlfia "A SUIVRE", la symbols ▼ signlfia "FIN". Mapa, plataa, charts, ate, may ba filmad at diffarant raduction ratios. Thosa too larga to ba antiraly Includad in ona axpoaura ara filmad baginning in tha uppar laft hand comar, laft to right and top to bottom, — many framas aa raquirad. Tha following diagrams illuatrata tha mathod: Las cartas, planchas, tablaaux, ate, pauvant Atra filmto A das taux da rAductlon diff Arants. Lorsque la document aat trop grand pour Atre raproduit an un saul clichA, 11 ast filmA A partir da I'angia supAriaur gaucha, da gaucha A droita, at da haut an bas, an pranant la nombra d'imagaa nAcassaira. Las diagrammas suivants illustrant ia mAthoda. 1 2 3 32X 1 2 3 4 5 6 ^i-Mi '"""ftr^^" ■mm SJJi- .•# AN ACT To A. END TUB /a LOWER CANADA MUNICIPAL AND ROAD ACT OF 1855. 'N-^v/*- -'-V'A.'^-^" ^^X.'. 22 VIGTORIIE, GAP. 101. • -'-\^ v.^-^^v^.-„ x^X^'X ■■' I ■;-■ i I Toronto: PRINTED BY STEWART DERBISHIRE & GEORGE DESBARATS, LAW FRINTER TO THE QUEKN't. R.08T EXCELLENT M/.JESTY. 1858. I if, i 'A,'{' ANNO VICESIMO-SECUNDO VICTORIiE HEGINyE. CAP. CI. An Act to amend the Lower Canada Alunieipal and Road Act of 1855. [Sanctioned Wh August, 1858.] ower Preamble, efore, Xl/" HEREAS it is desirable further to amend the L ft Canada Muriieipal and Road Act of ISSf) : There Her Majesty, by and with the advice and consent of the Legis lative Council and Assembly of Canada, enacts as follows : 1. So much of the seventeenth section of the Lower Canada cierksofCom- Municipal and Road Act of 1855, as declares the Clerks of any missioners' Court of Justice ineligible to the office of Municipal Councillor, Cj'urts may be is hereby repealed, in so far only as it relates to the Clerks of cound llors, Commissioners' Courts for the trial of Small Causes ; and it notwithstand- is hereby declared that the Clerks of Commissioners' Courts V!fy**'*A^°' for the trial of Small ('auses, were ar-^ shall be hereafter eligible "^" to the said office of Municipal Cou m iUor, any law or usage to the contrary notwithstanding. 9. Clerks of the said Commissioners' Courts who have been paat elections elected Municipal Councillors before this Act shall come into of such Clerks force, are hereby declared to have been legally elected for all declared valid. {mrposes whatsoever, under the provisions of the said Act, and he subsequent Acts amending the same. 3. Hereafter the twenty-sixth section of the said Act shall S«st. 26 of Act be interpreted as though the words " or shall be otherwise »*' '^ V. c. 100 liable to assessment under this Act" had not been inserted be- •"®'"**'^' tween the words " five pounds currency" and the words ' nor unless.'* !• A I' ' I' % Pouiiltic.-' ill Cftse ort'iiiluK' on t)ie port ofthi' Wauleii ' iu pcrt'orm- ancoot'i'ortiiiii dutii's uiiiUm- sect. 2' of till' ■aid Act. Cup. 101. /.. C. Miiniripal Art, 1855.— Amcndt. 22 Vict. '1. Any pci'Mtii appointed l)y the Wardt-n of ii County, under tlio t\vi'nty-f(!vcnlli section o( llic Act cited iu tlu; preaiublo of this Aet,topn!side at a public nieetinf^ oftlie inhabitants of any local Municipality, wlio sliull refuse or ne<^lecl to be present lit such nicL'liuK, or to preside thereat, or to do any act or thing rtupiircd by law lo be aiice, in tlw; ollicial capacity c.onl'eired on him by such appoinunent, shall, on conviction thereof before a compclcnt tribunal, fiafi-'ii and pay a sum of ei;,'hty dollars. shall be ln-UI. Proviso. When meeting C- Such met^tini^ shall hereafter he. held in each local Mu- nicipality, on the second Monday in .January in every second year, boginnin»( with the year one thousand ei^ht hundred and sixty; Provided always thiit as rejijards local MunicipaliticH, in which a Villaifc Miinicii)ality is situate, the mcttini^ of the local Municipality may be held within the limits of the Villaa[e Municipality, 7. It shall bo the duty of any Court or Judj^e adjndgins^ and dedariiii^the (flection of any Councillor or Councillors to be void, in and by the judii;ment in that behalf, to name the day, not beini? sooner than ten days nor later than twenty days from the date liiereof, for which a public meutinj^ of the inhabitants of the local Mimicipality shall be called under the eighth sub- section «.»f the thirl y-liflli section of the said Aet. Para t^rapli Sot" sect. ;>.'>, Act of IS.V., il- meuJed. Auditors to Ije 8. Every Conii(;iI, at its first appoiutv'l. aratiizcd, shal' gatiized, shall ;ij)p(>in1 one or two Auilitors, whoshidl exaiui and report iuuiiially upon all iiccoiiiits allecling tli(? (,'orpoi tion or rcdatiiiii: to any niiittor or thing under its ccmtrol within its jurisdiclioii. meeting, after being duly or- ine •pora- ' or .Sect. 45orsaid ^- The forty-fd'tli section of the said Aet is amended so as Act amciuleii. to provide that the front of tmy lot shall be that designated or What stmll he intended as such in tla; original title, or which appears to be underhtood to such front by the roads laid down on the original plan, if the be tlie front oi j,,^ j^ j,^ .^ Township, although the owner of the lot may have placed his dwelling-house on some other part of the lot, and even ah hough the concession line should form the boundary between two Municipalities or Parishes. Pnragrapli 5 '®- So much of the fifth sub-section of the forty-ninth section of sect. 49 of the said Act, as provides that whenever an equal division of amended. jjjg votes of the delegates present at any meeting shall occur on 1868. L. C. Municipal Act, \bbh.~~Amrntlt. Cup. 101. 5 or on any ^iicslion siibiiiittcd l<> llirtii, tlic County Snporintcndcnf wlm to prwitlc who simll liuvf j'iilh'd iIk^ riicr'iin^, sIimII liiivc the ciiNtiii:,' votr, nt mcftiMUHot' M lu'irby repealed and the lollowiii-j; >iil)slitiited : V at the ''^-'^'J^'*'"" rneelinif of the (hdej;a1es some (lisinterested perso'i iVoni anitini,' mich deh-i^aies pn^v'aaisly appointed by tlie County Council for that pnr|)o.se, ^ amaml- n!(|iiin!d by \\w third Niil)->«iame formalities. Sects. 08 anJ ItS. Every Local Municipal Council shall have the right to *'* ^^u^ ^*^' amend or make the valuation roll yearly or in any y<'ar, any thing *"*"" in the sixty-eighth and sixty-ninth sections of the said Act to V the contrary notwithstanding. Local Councils ^O- Local Councils may compel all traders whether may oblige all wholesale or retail, other than tavern-kec|)ers and retailers of tolTeandDav "I'^^xicating liquors, to take out and to pay such council for a for » License, license to keep a shop or store and may regulate the amount to be paid for such license ; such amount not to exceed twenty dollars. Preventing fMt driving and gambling. 1 7. In addition to the powers common to Local Councils, each Local Council shall be empowered to make By-laws to prevent parties from driving or riding faster than an ordinary trot, in the streets, or public places comprised within a radius of one mile from the principal church in the Local Munici- pality, and for preventing gambling and the keeping of gamb- ling houses in the Municipality. ft ii It Punishment 18. Every person who shall refuse permission to enter sistfnrofficcrs '"'' ^^^^*^ to any officer authorized by the Council of any Mu- ofaRlunioipai nicipalityto seize and sell the goods and chattels of such per- Counoii, &c. son, shall be guilty of rebellion djuatice and shall be punished therefor by the Mayor or Justice of the Peace who shall have signed the warrant, by imprisonment for any period not exceed- ing one calendar month, and such Mayor or Justice of the Peace may moreover give an order to cause the doors to be opened, entrance through which has been refused, and the officer charged with such order shall, in virtue thereof be authorized to cause I 1868. L. C. Municipal Act, \»56.—Amerult. Cap. 101. 7 cauKft any hucIi doorw Id lie o|)cnP(l in tlio pn-Honro of one or more witnesseN, and lor that purpuMO to avail hiniHcIf of the as- HiHlance of niicIi wmkruen (e«tjngpi d»)or of the parish church, or if there bo no such <'hurcli then in counclT the most public place within ilie nuuiicipality, of any special meetings of the said council, setting forth in such notice tite object of such meeting ; provided always that such special Proviso, meetings, as well as those appointed by law, shall, as far qm |K>ssible be hehl in tht; vieinUy of such parish church, or the most pu'^lic and frcfjuenled place if there be no such church; and the oflice of the Se(^r«'tary-Treasun'r shall be established in the place where such meetings shall be held. APPEALS. O. 1. Any person who shall deern himself aggrieved by any To what Court {ment remlcred in virtue of the Lower Canada Municipal J^*^™*' Road Act of 1855, or of the subsequent A(!ts amendmg 90. judgment and ~ " the same, (imless such judgment shall have been rendered in the first instance by the Circuit Court), may appeal therefrom to the Circuit Court sitting at one of the places adjacent to that at whieh such judgment shall have been rendered, and such ap))cal shall be made in the following manner : 2. Within ten juridical days after the judgment shall have security to been rendered, the appellant shall give a good and sufficient appeal, security, by a surety who shall justify his sufficiency to the satisfaction of the Clerk of the Circuit Court at the place at which the appeal is to be heard, that the ap|)ellant will effecti- vely prosecutes the said appeal and will satisfy the judgment and pay the damages and crosts which may be adjudged by the Circuit Court, if the judgment api)ealed uom be confirmed ; and the said clerk is authorized to administer to any person Clerk nwy pat who shall in such case present himself as surety, the oaths'"'*''**'""**'* required in similar cases and to put such questions as may be necessary to satisfy himself of his sufficiency ; Provided that p,oviBo : sure* the said surety shall justify his sufliciency to the amount of at ty to justify. least one hundred dollars ; 3. The said clerk shall delivertoany person who shall apply Copies of le- therefore a copy of the said security, and such copy, certified cwlty *•■* by the clerk to be a true copy shall be deemed authentic ; 4. If such security bts furnished as above mentioned within Suspensioa tf the delay prescribed, execution of the judgment shall be execudoa. suspended until the appeal shall have been decided ; in default thereof the judgment rendered shall be carried into efll'ect ; *" 5. Cap. 101. L. C. Municipal Act, 1855.— Amendt. 22 Vict. 1 ;r i How appeal 5. The appeal shall be commenced by a petition in which ehall be com- it shall not bo necessary to set out all the facts and proceedings nenoed. j^ jjjp cause, but it shall be sufficient, after stating the title of the cause, the date of the judgment, and that the security required by law has been duly furnished, to state therein in a summary manner, as though the proceedings in the cause had already been before the Court in which the appeal is to be heard, and in the ordinary form of pleadings or complaints in appeal, the motives or reasons of the appeal, with conclusions analagous thereto, and praying that the judgment appealed from be set aside, and that such judgment be rendered as the Court or Judge below ouglit to have rendered ; Copiesofpeti- 6. A copy of the said petition certified by the appellant or tionandsecu- ]jig attorney and a copy of the security in appeal, certified by served on the the clerk who shall have received the same, shall be served respondent, upon the lespondant or his attorney within twenty juridical days after the rendering of the judguient, together with a notice of the day on which the said petition will be presented to the Circuit Court, and the said petition shall be presented to the Circuit Court (in term) on the first juridical day of the said Court immediately following the expiration ol the twenty juridical days after the judgment shall have been rendered ; Papers to be ?• The appellant shall file with his petition a certified copy filed by ap- of the security given by him, and also the notice of appeal, to- pellant. gcther with the return of a hailiir, setting forth the necessary services, and tiiereupon tiie apjjoal shall be heard, and decided in a summary manner ; Transmission 8. After a copy of the security so given shall have been «f record from served upon the Judge, or one of the Judges, or upon the Clerk Court below. ^Q ^^^^ Judge or Judges, or of the Court, who shall have render- ed or pronounced the judgment or conviction, it shall be the duty of the said Judge or Judges, before the day fixed for the presenting of the petition in appeal, to transmit the record to the Clerk of the Circuit Court, with a certificate signed and sealed certifying that the documents transmitted are all the papers, documents and evidence relating to the cause: The above service is to be made within fifteen days after the day on which the judgment has been rendered ; Variance or informality not grounds ibr setting aside judg- aent. 9. In such appciUs, no new evidence shall be adduced, and no judgment shall be set aside by reason of any trifling vari- ance or informality, but only when any real injustice shall have been committed ; and when objections shall be raised which do not afiect the merits of the cause, the Circuit Court may, if ne- cessary, order the Clerk of the Court to make any amendment to the procedure, which, as amended, shall be executed as though it had been regular in the first instance ; itt. 1858. L. C. Municipal Adj 1835. — Ammdt. Cap. 101. 9 10. The Circuit Court shall have power to adjudge the costs Costs of ap- on isuch appeal, and if the judgment appealed from be fully eon- peal, how firmed, it may order that the reeordbe iransmitted to the Judge jg^igj*^*^ ''"^ or Judges*, or Court who shall have pronounced the judgment or conviction, and such transmission shall be eflt'cted by the Clerk of the Circuit Court who shall annex to the record a copy of the judgment of the said Court and a certificate of the costs al- lowed on the said aj)peal, and tlie said costs shall be levied by the same means, and in the same manner in which the judg- ment of the Judge or Judges below, or of the Court below is~ carried into effect according to law: But if, on the o^''^'"" pi-ovj^ion jf hand, the said judgment be modified or set aside, in whole or the judgment in part, the record and proc^edure on the judgment appealed ^c modifted or from, and any procedun; upon the appeal siiall remain to form ^^^ ^'^^^' part of the records of the Circuiit Couit, by which and under the authority of whi(th, whatever shall have been adjudg- ed, ordered, confirmed, modified or amended by v\w. jiidgment of the said Court shall be carried into efitict, and that by the same means and in the same manner as the judgment appeal- ed from would itself have been carried into eilecl ; 11. Any appellant who shall neglect to cause a coj)y of the Provision in said petition to be served as aforesaid, or who, having caused «ise of failure it to be served, shall fail efii>clually to prosecute tlur'said ap- ^^^11^^""^^ peal, shall be deemed to have abandoned the said appeal, and upon application ofthc respondent, the CinMiit Court sliall de- clare forfeited all the rights and claims founded on the said appeal, and shall allow costs to the resp mdent, and shall ord(;r that the record, (if it ha& been transmitted,) be sent back to the Court or Judge below ; and if the record has not betm trans- mitted, then, upon production of the copy of the petition served upon the respondent, the said respondent shall oljtain such costs as the court may adjudge ; 12. The execution of the judgment against the party con- Recourse demned shall not deprive the party who shall have sue- against s\ire- ceeded, of his recourse against th(^ sureties for the whole or any *'*^'' part of the costs of the appi^al remaining unpaid, to the payment of which evpry surety shall be bound, rader the penalty of seizure and execution, in the same manner and to the same degree as the princripal party ; 13. Any person who shall deem himself aggrieved by any Appeals from judguient rendered in virtue of the Agricnltural Act (unless judgments .such judgment shall have been rendered by the Circuit Court "°{[uraJ Act. in the first instance) may appeal therefrom to the Circuit Court sitting at any one of the places nearest to that at whicli the judgment shall have been rendered, and such appeal shall be made in the manner and form and within the delays and subject to the conditions hereinbefore prescribed for appeals . from judgments rendered in virtue of the Lower Canada Municipal and Road Act of 1856, and the Ac«s amending the same : w 10 Cap. 101. L. C. Municipal Adj 1855. — Amendt. 22 Vict. Delay for ap- 14. During the two months next afier the day on which this pealing after Act shall go into force, any judgment rendered in virtue of this !!^i?„4^L*''*^' Act or of anv of the acts cited in this Act, may be appealed come into ,. -. ,„ ,, ■..'i.*'. K^n force ; irom at any time belore the day on which this Act shall go into force, or before the first day of the month of October, one thousand eight hundred and fifty-eight ; And tor pro- tiding 8ecu- vitjr. 15. The appellant in such case shall furnish the secu- rity required at any time during the said two months, and ihc delay prescribed in ordinary cases for any proceeding sub- sequent to the giving of such security shall be computed from the day inclusive following the expiration of the said two months : No tirtforaii 16. No judgment rendered in virtue of this Act, and of the to be issued in Acts before cited in the thirteenth sub-section of this section, ^le*uu!l«' shall be set aside by any other means than the appeal above said Acts. prescribed, and no writ of certiorari shall be issued and no judg- ment set aside upon a writ of certiorari ; Par. 2 of s. U 17. The second sub-section of the fourteenth section of the 0? •^■i^A^^"f Lower Canada Municipal and Road Amendment Act of 1857, issf^and's." ^"^ the forty-first section of the Agricultural Act, and the nine 41 of Agricul- sub-sections in the said last section contained, are hereby Mayors not to sit m County Council in ap- peals in which they are per- sonnallv in- terested. Councils may not order the demolition of dams. Town or Vil- lage Councils may require work to be done on roads, &c, by per- sons out of 81. It shall not be lawful for any Mayor of a local Munici- pality to sit or vote at any special session of the County Coun- cil for hearing or deciding upon any petition of appeal praying for the revision or amendment of any valuation roll or proces- verbaly or for the amendment or disallowance of any By-law in the matter of which he has any direct personal interest ; and the said County Council shall decide whether such Mayor has or has not such direct personal interest ; but such Mayor shall not have a right to vote on the question of his having or not having such interest. 33. Notwithstanding any thing in the Act hereby amended or in the Agricuhural Act contained, it shall not be lawful for nor in the power of any Council to direct the demolition of any mill-dam, on the ground that the same is an obstruction to a watercourse, but the right to erect any dam and the rights and liabilities of all parties in respect thereof, whether for damage or otherwise, shall be adjudicated on and determined according to the ordinary rules of law. 33. Notwithstanding any thing contained in the first .sub- section of the twenty-third section of The Lower Canada Mu- nicipal and Road Act of 1855, as amended by the third sub- section of the eleventh section of The Lower Canada Munici- pal and Road Amendment Act 1856, any Town or Village Council may levy an assessment from persons residing or holding Vict. 1858. L. C. Municipal Act, lE5b.—Amendt. Cap. 101. 11 go holding assessable properly outside of the limits of such Town their limits in or Village, or require from any such person the performance «ertain caBes. of labor, towards the construction or maintenance of any bridge or bridges, within the limits of such Town or Village, in accordance with any proc^s-verbal or By-law, relative to the construction and mamtenancc of any such bridge or bridges, in forc«' before the passing of The Lower Canada Municipal and Road Act of 1835, or before the incorporation of any such town or village subsequently to the passing of that Act. 94. The Building of a Town Hall by a Local or County Municipil Municipality shall be one of the works or objects for the con- Loan Fund of struct ion of which the Municipal Loan Fund for Lower Canada /;f ^f.'^f ^"^ shall or may be applied, appropriated and obtained. " » ><• •«"•- to wliat pur- pose appropri* ated. LOCAL PROVISIONS. 9S. Tl'.e Municipal Council of the County of St. John's Special power may, at a special session to be held for that purpose, not later to the Council than the lirst day of November next, examine the valuation bounty "touch- rolls of t#e different local Municipalities in that County and ing Valuation ascertain whether the valuatitm made in eavh of them bears a ^11»« just relation to the valuation made in the others ; and there- upon the Council of the said County may increase or decrease the valuations of all assessable property in any one or more of such local Municipalities by adding or deducting such sums upon the hundred as may in their opinion be nect^ssary to produce a just relation between aH the valuations in the County. 90. Upon, from and after the first day of October, one st. Jean Port thousand eight hundred and fifty-eight, the parish of I'lslet Joli made Mne shall cease to be the Chef-lieu of the county of I'lslet, and '^,f£^ ''^ hereafter the sittings of the Municipal Council of the said county of I'lslet shall be held in the parish of St. Jean Port Joli, in the said county, and the said last parish shall hereafter be the Chef-lieu of the said county for Municipal and Regis- tration purposes. 97. The extent of land designated in a Proclamation inserted Village of in the number of the Canada Gazette, published by authority, ^'"i?7'|Jj^ bearing date the twenty-second day of May, one thousand S!nd incorpo- eight hundred and fifty-eight, to form a separate Munici- rated. pality from and after the first day of January next, under the name of the Corpofation of the Village of Marieville, shall be detached from the Municipality of the parish oi Ste. Marie de Monnoir, and shall form a distinct and separate Municipality under the name aforesaid, from and after the passing of this Act ; and the election of Municipal Councillors for the said Corporation of the Village of Marieville shall take place in the manner prescribed by law, on the first Monday of the month of September next. 38. 12 Cap. 101. L. C. Municipal Acl, \S55.—Amcnilt. 22 Vict. Township of in the lity 9H. Tim lownsliip of Westhnry, in the coiinlyof Compton, Westbury to shall b(i disunited for Local Mnnity- Municii)alitics by the name of the Corporation of such town- ship, have by error |)assed divers by-laws under the name of the Corporation of such jjarish, it is hereby declared and enacted that no by-law heretofore passed by any such Local Council shall be held to be null by reason of such erroneous designation therein assumed, but on flu; contrary every such by-law shall be judged of in respect of its validity, and shall be interpreted and acted on in all oilier respects, as though it had b«'cn passed in the name of such township and not of such parisl# Townshipand 39 ^^^ ^yj,;, regard to the township and village ol St. Village ol bt. . , . , 7. ,ti . . . , . ' , ^ John, in the John, m the county ol Clucoutimi, be it enacted : Co'Hity of constituted ^" ^""^"^ ^^'^ ^^'^'' ^''** ^"■'*' ^^y of January, one thousand eight hundred and fifty-nine, the Township and Village of St. Jean, shall, for the pmposes of the Lower Canada IVfunicipal and Road Act of 1855, or any amendments since made thereto, be detached from th(; said Cotmty of Chicoutimi, and shall be and form a separate Municipality by the name of " The Cor- poration of the Township of Saint Jean ; " 2. The Council of the said Municipality shall consist of seven members, elected in the manner prescribed in the said Act with respect to the membm's of local Councils, by the inhabitants of the Municipality, owners or occupants of real property tlierein, and shall be subject to tin; provisions of the said Act with respect to local Councils, except where it is her County Municipal Council might have done, and the Clerk of the said Court shall be substituted for the Clerk of such County Council, notwithstanding anything in the suid Act ; and Com- missioners for the suuunary trial of small causes may be Councillors therein ; 3. The said Municipality shall be organized and may exer- Maylxiorgan- cise all its powers and functions although liiere may not be ized tlio' it three hundred souls within its limits: ;ui