^ >'^^^. ^4^ ^"V .\>.^. /a V IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 li£|28 mm ■ 4.0 hi US 12.0 Photographic Sciences Corporation IP^I-i^l'-* ^ 6" » '^.1^^ 23 WIST MAIN STRHT WiBSTn,N.Y. 14580 (716) $7^4303 '^ I .** n,^^ J /.. ^ ^o \ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notos/Notaa techniquaa at bibliographiquaa The Inatituta haa attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibliographicaliy uniqua, which may altar any of tha imagaa in tha raproduction, or which may aignificantly changa tha uaual mathod of filming, ara chackad balow. D D D D D Colourad covara/ Couvartura da coulaur I I Covara damagad/ Couvartura endommagia Covara raatorad and/or laminatad/ Couvartura raatauria at/ou palliculte □ Covar titia miaaing/ La titra da couvartura manqua I I Coloured mapa/ Cartea g^ographiques en couleur Coloured inic (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) □ Coloured plataa and/or iiiuatrationa/ Pianchea at/ou iiiuatrationa an couleur □ Bound with other material/ Rali6 avec d'autrea documenta Tight binding may cauae ahadowa or diatortion along interior margin/ La re liure aerrde peut cauaar de I'ombre ou de la diatortion la long de la marge intirieure Blank laavea added during reatoration may appear within the text. Whenever poaaibia, theae have been omitted from filming/ 11 ae peut que certainea pagea blanchaa ajouttea lore d'une reatauration apparaiaaent dana la taxte, maia, loraque cela 6tait poaaibia, caa pagea n'ont pea 6tA filmtea. Additional commanta:/ Commentairea aupplAmantairaa.- L'Inatitut a microfilm^ la meilleur exemplaire qu'il lui a At* poaaibia da ae procurer. Lea d^taiia de cet exemplaire qui aont paut-Atre uniquea du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dana la mAthode normale de filmage aont indiqute ci-daaaoua. □ Coloured pagea/ Pagea da couleur Pagea damaged/ Pagea andommagAea I — I Pagea raatorad and/or laminated/ D Thia item ia filmed at the reduction ratio checked below/ Ce document eat film* au taux de reduction indiquA ci-deaaoua. Pagea reataurAea et/ou pelliculAea Pagea diacoloured, atainad or foxed/ Pages ddcoiorAea, tachatdea ou piquAes □ Pages detached/ Pages ddtachdes Showthrough/ Transparence I I Quality of print variea/ Quality inAgale de I'impreaaion Inciudea aupplementary material/ Comprend du materiel supplAmentaire Only edition available/ Seule Mition diaponibia Pagea wholly or partially obacured by errata alipa, tiaauaa, etc., have been refiimed to enaura the best possible image/ Lea pagea totaiement ou partieliement obacurciea par un feuillet d'errata, une pelure, etc., ont 6t6 fiimtea A nouveau de fa? on A obtenir la meilleure image poaaibia. 10X 14X 18X 22X 26X 30X • 1 12X 16X 20X 24X 28X 32X laire s details [|u«s du It modifier (iger una la fiimaga Tha copy filmad hara haa baan raproduead thanlta to tha ganaroaity of: La BIbliotMqus d« la Villa da Montreal Tha imagaa appearing hara ara tha baat quality poasibia conaidaring tha condition and legibility of tha original copy and in keeping with the filming contract apacificationa. L'axemplaira film* f ut reproduit grAce A la gAnAroaitA da: La BiMiothkiua da la Villa da MontrM Les images suivantes ont AtA reproduitea avec ie plus grand soin, compta tenu de ie condition et de la nattet* de rexemplaira filmA, et en conformitA avec les conditions du contrat da filmage. d/ luAes Original copies in printed paper covers are filmed beginning with the front cover and ending on the lest page with a printed or illuatrated impres- sion, or the bacic cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illuatrated imprea- sion, and ending on the iaat page with a printed or illustrated impression. Les exemplaires originaux dont la couverture en pepler est ImprimAe sont filmAs en commenpant par la premier plat et en terminant soit par la darnlAre page qui comporte une empreinte d'impreasion ou d'illustration, aoit par la aacond plat, aalon Ie caa. Toua lea autrea exemplaires originaux sont fiimte en commen^ant par la premiAre page qui comporte une empreinte d'impreasion ou d'illustration at en terminant par la darnlAre page qui comporte une telle empreinte. The last recorded frame on each microfiche shall contain tha symbol — »> (meaning "CON- TINUED"), or the aymboi ▼ (meaning "END"), whichever applies. Un des symboles suivanta apparaftra sur la darnlAre image de cheque microfiche, aalon la cas: la symbole — ► signifie "A SUIVRE". Ie symbole V signifie "FIN". aire Maps, plates, charts, etc., may be filmed at different reduction ratios. Thoae too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames aa required. The following diagrama illuatrata the method: Les cartes, planches, tableaux, etc., peuvent Atre filmAs A des taux de rAduction diff Arenta. Lorsque Ie document est trop grand pour Atre reproduit en un aaul clichA, 11 eat filmA A partir da Tangle supArieur gauche, de gauche A droite, et de haut en baa, en prenant la nombre d'imagas nAcessaire. Les diagrammes suivants iliustrent la mAthode. by errata Tied to lent une pelure, fapon A 1 2 3 32X 1 2 3 4 5 6 /■ •a- *■■ CHARTER OF THE % CITY OF MONTREAL 52 Vict., Chap. 79. !| --t / ■i. i!*' -- ,' V •■■»•, I MONTREAL EUS£:BE SENEGAL & FILS, PRINTERS. 20 Rue St. Vincent. 1889. . -■^T^lt^,^,^^^^^^-,^ Mi.>feB-r?,'^^i|. ,,.- V ^^ L/ - AB AB AC AC AC AC 739^16 *'"iL'.?. INDEX »o}»4co PAOSS ABATTOIRS 44, 61, 83, 84 ABSENTEES 30, 31, 42 ACCIDENT, Insurance company 24 ACTING MAYOR 8 ACTIONS, for damages 82, 88 ACTS, former-repealed 84 ADJOURNED MEETINGS, of Council 21 ALDERMEN 1 •* How elected 8 " Their qualification 9 " Cases of disqualification 10 •• Penalty 9 " Termofoffice 8, 10 " Justices of the peace 8 " May resign 8 " Vacancy, how filled 8 " Oath to be taken 9 AMUSEMENTS, public, prohibited on sunday 39 ANIMALS, cruelty to 39 ANNEXATION, of municipalities 4, 5, 6, '7- ARTICLES, sold by weight 43 " In streets 44 APPRENTICES 60 APPROPRIATIONS 34 " Penaltyon members exceeding... 34 ASSESSMENT, of 1 i per cent on real estate 23 " When payable 24 ♦' How levied 26, 21 " Revision of rolls 27, 28 " Based on cadastral No 25 " On partners 5 " On co-tenants 26 " On proprietors par indivis 2t " Arrears of to bejir, interest 33 " Prescription 3 •* Privilege for 82 " Exemptions 26, 26 " Special in case of urgent necessity.. 34, 36 IV ^ V 7 (I (( ti PAGES. ASSESSMENT, Special to meet outstanding interest on debt 36, Si " SPECIAL, for street improvements... 71 " Roll when completed te be deposited.. 71 " Public notice to be given 71 Roll may be revised 71, 72 How recoverable 72 In cases of amicable arrangement 72 Rolls set aside may be renewed 78, 74 Rights of new proprietors saved 74 Payments made on annulled roll not invalidated 74 •* Special for sidewalks 72, 73 '• '• for sewers 73 ASSESSMENT ROLLS, revision of 27, 28 " May be contested 49 ASSESSORS, appointment of 26 " Their duties 26,27, 28 Their salary 26 To be sworn 26 Rules relating to 27 Protection to 27 " Appeal from their decision 28 AUCTIONEERS, tax on 24 AWNINaS 44 t< (( '^ BAaATELLE, tables 39 BAILLIFFS 56, 82 BANKS, tax on 24 BILL POSTING 39 BILLIARDS 24, 89 BOARD OFHEALTH 40 BOARD OF REVISORS 13, 14, 16, 16, 19 BONDS, outstanding 36 BORROWERS, protection to 35, 36 BORROWma, powers 36, 36 BOUNDARIES, ofcity 3 Ofwards 3, 4 BOXING, matches 39 BREAD, sale of,regulated 42, 43 BREWERIES 24, 41 BRIBERY, at elections 18 BROKERS, tax on 24 BUILDINGS, mode of construction 46 " Inspector of 47 PAGES BUIDDINGS, May be demolished at fires 46 •• Unsafe, may also be demolished 47 *' Provided with fire escapes 46 BUSINESS TAX 23 BUTCHERS' STALLS 43 BY-LAWS, generalpower 38 Penalty 48, 49 '• To be submitted to Lieut-G-overnor 49, 50 *' To be public laws 60 " May be contested 49 ': M CADASTRAL, number for description of property 25 CANDIDATES, at elections may resign 16 CARRIAG-ES, tax on 24 CARTERS, to regulate 47, 48 Tax on 24 CATTLE, impounding of 44 ' " How driven in streets 44 ** Sale of, regulated 84 CEMETERIES, old protestant and military 83 CHEMICAL, works 41 CHIMNEYS, construction of 47 " Sweeping of 47 CIRCUSES, Prohibited on Sunday , 39 " Tax on 24 " Subject to license 40 CITY BOUNDARIES 3 CITY COUNCIL, how constituted 7 " Meetings of 21, 22 " Rules and regulations 22 Minutes of 22, 23 CITY LIMITS, may be extended 4, 5, 6 CITY OFFICERS 28, 32, 47, 49 CITY SURVEYOR 48, 73, 74 CITY TREASURER, authorized to levy a rate, 36 " May sign with stamp 33 CLAIMS, for damages 78, 82, 83 CLERICAL ERRORS, in expropriation cases 73 CLUBS, tax on 24 COAL, sale of (s. s. 30 of s. 140) 43 COAL OIL 47 COCK FiaHTINa 39 COLLECTION, of taxes 26, 27, 28, 29 " of water rates 30 COMMISSION, merchants, tax on. 24 VI • PAQES COMMISSIONERS.of expropriation (see expropriation) COMMITTEES, appointment of 11 " may hold investigations 81 CONFISCATION, of articles deficient in weight &c... 42 CONSOLIDATED, debt 36,36, St CONTESTATION, of by-laws, resolutions, &c 49 CONTESTED, elections 19, 20 CORRUPT, practices at elections 18 CO-PROPRIETORS 27, 59 CO-TENANTS 26 COUNCIL, its constitution 1 Meetings 21, 22 " Minutes '22, 23 D DAMAG^ES, claims for 78, 82 DEPUTY, returning officers 16, 19 DISCOUNT, on assessments and water rates 38 DISORDERLY, assemblage 39 DISQUALIFICATION, of mayor and aldermen 10 DISTILLERIES 24, 41 DOaS, to be licensed 44 " dog fighting prohibited 39 DRAINAGE 46 DRAINS, (see sewers) 45 DRIVING, immoderate 39 DYEING, establishments 41 K ELECTIONS 15, 16, 17 " Nomination 15, 16 " Candidates may resign 16 " Bribery and Corruption 18 " Personating 18 " Contested 19, 20 ELECTORAL districts 13 ELECTORS, qualification of 11 '* Registration of 11 " Wheretovote 12 ELECTRIC LIGHT 48 ENCUMBERING streets 44 ENGINEERS to be licensed 47 " Their qualification 47 ENQUIRIES 81 EQUALITY of votes, at elections 19 VII PAGEB. EXECUTIONS, for taxes 67 EXEMPTIONS 26. 26 EXHIBITIONS 40 EXPENDITURE, Ihaiteil 84 EXPLOSIVE substances 47 EXTRACTS of minutes 28 EXPROPRIATIONS, mode of procedure 62 " appointment of Commission- ers 62, 68 Notice in Post Office 62 •* " in Newspapers 62 " " to be posted on lot 68 " Court to appoint Com 63 " Qualification of Com 68 " Exemptions 68 If Com. fail in their duty 68 " In case a Com. should die 63 " Com. to be furnished with plans 64 " " to be sworn 64 " " their powers 64 " " their remuneration 64 " Com. to determine who are be- " nefited 64 " Parties interested may object 64 " Com. to decide if they are majority 64 ** Right of veto not to apply to new streets 64, 66 ** When less than 40 feet remain... 66 *' Com. to be furnished with title deeds 66 " Hearing witnesses 66 *' Meetings to be public 66 ** Majority of Com. to decide ques- tions 66 ** Increased value of residue of property 66 *' Report of Com. submitted to court for confirmation 66 " Judgment final and without appeal 66 ** City may acquire more land than is required 66 t* No indemnity for buildings erect- ed after posting up notices 67 " After confirmation, amount of indemnity to be deposited 67 " Effect of deposit 67 ■" Mortgages removed 67 I L; f I! "if VIII FAQES. EXPROPRIATIONS, Recourse of mortgagees 67 " Money, how distributed or paid over 68 " Money, not liable to commission 68 " Prothonotary to remit interest... 68 *' Right ofv«^o suspended in certain cases 69 " Notice to be given 69 •• Provisions extended to indemnity for alteration of levels, etc 70 " Mode of expropriation extended to improvements, ordered before passing of this act 72 " Power to open or widen streets beyond the city limits 61, 62 " Clerical errors in proceedings may be corrected 78 *' Bailiffs authorized to serv« no- tices 82 " Corporations, ecclesiastical or ci- vil, may invest indemnity in other property 72 " Quinquennial ** Mode of proceeding 69 '• Assessment 69, 70 " Deposit 70 •' Right of ve • • 24 3, 41 1, 47 3, 84 ■ • 39 • •• 41 GAMES, in streets 46 aAMINa 89 " In stocks and merchandize 89 GAS COMPANIES, tax on 24 OAS LIGIITINa 48 GAS WOEKS 41 GLUE FACTORIES 41 GUARANTEE, Insurance Companies 24 H HAND ORGANS 40 HARBOUR, improvement, loan for 88 HEALTH, board of 40 HEAVY WAGGONS 44 HORNED CATTLE 44 HORSE RACING 89 HORSE DEALERS 43 HORSES, tax on 24 sale of 48 HOSPITALS 61, 62 I ICE, to regulate cutting of 48 IMMORAL, pictures, books &c 40 Plays 40 INCORPORATION 3 INDECENT, placards, paintings, plays &c 89, 40 INDIA RUBBER, factories 41 INFORMALITIES, may be rectified 49, 73, 74 INNKEEPERS 24, 89 INSPECTOR of buildings 47 ofmeat 43 INSURANCE Companies, tax on 24 INTEREST, on placards of taxes 83 INTERMENTS, in the city prohibited 41 INTERPRETATIVE, provisions '. 1, 2 INVESTIGATIONS 81 ITINERANT, players 40 JOINT OWNERS, liability 27, 69 JOURNEYMEN 50 JUNK STORES 48 JURISDICTION, of police extended 8, 88 1; ill !li X K PAOES KITES, In streets 46 L LANES, private, sewers in 84 Paving of 48 LAW STAMPS 68 LESSORS & LESSEES 60, 61 LEVELS, of streets 44 Of sidewalks 10 LICENSES, mode of issuing 48 " May bo revoked 81 " Fee regulated 49 LIFE INSURANCE— Companies 24 LIGHTING 48 LIME KILNS 41 LIMITS, of the city 3 " May be extended 4,6, 6 LIVERY STABLE, keepers 24 LOAN, consolidated 86 " in aid of Harbor improvement 88 LOGAN FARM. 44 LOTS, to be fenced in 42 LUMBERYARDS 47 M MARINE, Insurance Companies 24 MARKETS public 48 " private stalls 43, 44 " site of, may be changbu 44 MARKET, clerks 48 MASTERS, and servants 48 MATCHES, friction, factories 41 MAYOR, how elected 7, 8 " Justice of the peace 8 His salary 8 '• In case of vacancy 8 " Presides at meetings 22 " Casting vote of 22 " Acting mayor 8 " Qualification 9, 10 Term of office 7, 10 MEETINGS, of Council 21 Monthly 21 Special 21 XI PAGES. 46 84 48 58 .50, 61 44 •70 • •• •• 48 81 49 24 48 41 3 U, 6 24 85 88 44 42 47 • • • • 24 • • • • 48 .4a, 44 • • • • 44 • • • • 48 48 • • • • 41 ..7, 8 8 8 8 • • • • 22 22 • •' • 8 • • «7y 10 .X 10 • • •• 21 21 PAGES. MEETINOS, Minutes of 22 " To be public 21 " "Who presides 22 " Quorum 22 " May be adjourned 21 " Maintenance of order at 22 MENIGERIES 24 MILK, sale of 43 MINSTRELS 24, 40 MINUTES, of Council 22, 23 MISSISSIPI tables 24, 39 MORTALITY, returns 40 MOUNT ROYAL PARK 44 MUNICIPALITIES, annexation of. 4, 6, 6, 7 3iIUSICAL SALOONS 39 NOMINATION, of candidates 15, 16 NONRESIDENTS 30, 31 NOTICES, how given 82 Validity of 49 NOTRE-DAME, street widened 76 NUISANCES 42 OATH, of electors 17, 90 " Of mayor and aldermen 9, 85 Of board of revisora 13, 14 Of assessors 26, 90 " Of commissioners in expropriation 64, 95 OFFICERS, of the Council 23 Theirduties 23 Their salary 23 Disqualified from voting 23 Authorized to enter buildings 47, 49 Not to bid on property at sheriflE' sales... 32 OIL FACTORIES...;..-...*.:. ..,'...u. 41 ORGANS,, band..;...-.;........-.....:..;... .;.., 40 (C (I !■ H 21 PARKS l:..%.l..i..'..l.\......; .., 61, 62 PARTNERS, tax on 25 PAVING 35 PAWN-BROKERS, tax on 24 XII PAGES PEDLARS, tax on 24 PENALTIES, general 4a Special 7,9, 41 " How recovered 5*7, 58 " Eemission of 69 PERMANENT STOCK 35 PERS0NATIN<3-, at elections 18 PETROLEUM 4Y PIGEON HOLE, tables 24, 39 PIGS 42 PLACARDS 39 PLAN OF THE CITY 3,4,60, 61 Tobeconfirmed 60 " "When confirmed, binding on all parties 60 '* Duplicate to be deposited 61 " May be modified 61 POLICE FORCE, established 47 " Powers extended to Exhibition grounds 83 " Powers extended to the river Saint Lawrence 3 POLLS, number of 16 Closeof 19 POLL CLERKS 19 POOL, tables 39 POUNDS, public 44 PRESCRIPTION, for taxes ... 38 " For annulment of by-laws &c 49 " For actions for damages 78,8s!, 88 PRIVATE LANES 48, 84 PRIVATESTALLS 43, 44 PRIVIES 84 PRIVILEGE, for taxes 32 " Limitation of 33 PROPERTY, undivided 31 " Liable to be sold for arrears of taxes 30 PROPRIETORS, Fanindivis 27 Joint 59 Unkii(xwii.'.. ..:... ..;... 31, 32 PROTHONOTARY, to rcm'it'interesf on deposits 68 ■ '■■ .»:'. ..,'■ ■'.■■■ QUALIFICATION, oLmayor,..,..;.. ;..;.: J:!!^. 9 Of aldermen .' 9 " Ofelectors 11 " Of commissioners in expropriation 63 XIII PAQBS •QUORUM, at meetings of Council 22 R RACING, in streets 89 RAGS, collection of 42 RAILWAYS 46, 81 RATE, to be levied by treasurer 36 " How levied 36, 37 RECORDER'S COURT, established 50 " f Has a seal 50 •' Its jurisdiction 50 " When held 51, 52 The Recorder 62 " His salary 52 " His deputy 52 The clerk 53 '• His deputy 53 " Record of proceedings 54 " Summoning offenders 64 '* " ofwitnesses 55 " Evidence 56 " Notes of evidence 56 Bailiffs 56 " Executions 5*7 " Liability of joint owners 69 REFERENCES 2 REGISTER, of stock 36 Of streets 62 REGISTRAR 31, 62 REGISTRATION, of electors 11 REMISSION, offines 69 REPEAL, of former acts 84 REPRESENTATION, by wards 8 RESIGNATION, of members 8 " Of candidates 16 RESTAURANTS 24 RETURNING OFFICERS, deputy 16 REVISORS, board of 13,14, 16 RIOTS 39 ROLLS OF ASSESSMENT, revision of 27, 28 " May be contested 49 " Errors in, may be correct'd 73 8 SAISIE-ARRET 57, 60 SALE, of articles by wei ght or otherwise 43 mm !!i XIV PAGES. SALE, Of immoveable property 80 " Formalities to be observed 30,81, 82 *' "When to take place 82 '* Civic employees not allowed to bid 82 SALOONS, tax on 24 Closingof 89 SAWMILLS 47 SEIZURES, for taxes 29 " For water rates 30 " By confiscation 42 SERVANTS 48 60 SEWERS, construction of ' 45 " By whom payable 46 " Private 48 " Main, extended to outside municipalities... 46 " In private lanes 84 SHERIFF, his proceedings in certain cases 31, 32, 3*7 SHOWS 24. 40 SIDEWALKS 70,72, 78 SIGNS 44 SLAUGHTER HOUSES 41 SMOKE, of engines to be consumed 41 SNO WAND ICE, on roofs and sidewalks 46 SOAP AND CANDLE, factories 41 SPARRING, exhibitions 39 SPECIAL MEETINGS, of Council (see meetings) STAGNANT, water 42 STAMPS, for signature 33, 81 Law 68 STEAMBOAT, ferries, tax on 24 STEAM BOILERS 42 STEAM ENGINES, to consume smoke 42 " To regulate erection and persons in charge of 47 STOCK, permanent 36 STREET RAILWAY 46 STREETS, width of 44 " Level of. 44 " . " of sidewalks 70 Plan of 60, 61 " Register of 62 " Obstructions in 44 " Loan for opening, paving, etc 36 " Power to open in the city 61 " " '♦ beyond the city .61, 62 '* Changes in names to be reported to regis- trar 62 " Sale of articles in 44 V Games in, prohibited 4& PAGES. ■ ••••• 80 ),81, 82 82 32 24 89 4r 29 30 42 60 » 45 45 45 45 • • • •■ • 84 ,82, 3*7 ..24. 40 18 44 41 41 45 41 39 42 .33, 81 5a 24 42 42 4*7 35 46 44 44 « • • • 70 .60, 61 62 44 ft • • • 35 • • ■ « 61 61, 62 ?1S- 62 • ft ■• 44 45 XV PAGSS ST-HELEN'S, island Park 39, 44 ST-LAWRBNCE STREET, widened •75 SUNDAY, observance of 39 ST-HBNRY, Town of 46 STE-CUNEGONDE, town of 46 SUPEREANNUATION, fund 48 T TANNERIES 41 TARIFF, of fees Recorder's Court 58 •• Of water rates 79 " Of ferrymen 48 " Of chimney sweepers 47 TAVERNS, closed on Sunday 39 Tax on 24 TAXES, business 23 '• Special 24 " "When payable 24 '• May be payable in form of license 26 " On partners 25 " Exemptions 26, 26 " Collection of.. 26,27,28, 29 " Payment obligatory, to vote 12 " Prescription of 88 " "When deemed to be levied 34 TECHNICAL, objections 49 TELEGRAPH, Companies 24 TELEPHONE, Companies 24 TEN PIN, ALLEYS 24, 39 TERM OF OFFICE, of mayor and aldermen 8, 10 THEATRES, tax on 24 " Closed on Sunday , 39 " To license and regulate 40 TRANSFER, of stock 36 TREES, planting of, in streets 45 u UNDIVIDED, property 31 UNFENCED, lots 42 UNHEALTHY, establishments 41 Lots 42 UNWHOLESOME, articles 42 UNKNOWN, proprietors 31, 32 V VACANCIES, in council 8, 11 VACANT LOTS 42 VACCINATION 40 XVI PAGES. VALIDITY, of by-laws, rolls of assessment, &c 49 VARNISH, factories 41 VEHICLES, tax on 24 VETO, Right of in expropriations 64, 69, tO VOTERS, qualification 11 " Registration of 11 " "Where to vote 12 VOTERS' LIST, how made 12 " "Wards subdivided 13 " To be checked by city treasurer 13 " To be returned to city clerk when checked 13 " To be revised by board 13, 14 " To be filed when revised 14 " Copies for Deputy Ret. Officers 1*7 " May be corrected pending election.... 15 VOTES, in case of equality at elections 19 w WAaES, of servants 48 WALLS, unsafe 69 "WARDS, boundaries of 3, 4 " Representation 8 " Subdivision of, for elections 13 WATER COURSES 46 WATER RATES, tarifi" ^9 Collection of 30 WATER WORKS, power to estabUsh 11 " " to acquire land 18 " " to lay pipes "78 " "to regulate size of u pipes, " tariff" of rates, &c IH, 19 " Penalty, against personswho in- terfere *78 " Notice, when City is ready to fur- nish water *79 " Distribution pipes - how made ^9 " Water not to be wasted '79 " Supply may be cut off" 80 " Special agreement may be made..,. 80 " Hydrometers 19 *' Proprietor liable for rates in cer- tain cases 80 WHEEL TIRES 44 WITNESSES 55,81, 82 WOODYARDS 4*7 WOOL, teasing of 42 4 il. ',''«■'■ CHARTER OF THE CITY OF MONTREAL, 1889. 52 VICT., CAP. LXXIX ■ m» > An Act to revise and consolidate the charter of the City of Montreal and the several Acts amending the same. [Assented to 21st March, 1889.] WHEREAS it is expedient to revise and consolidate the provisions of the several acts of the Legislature of the Province of Quebec, referring to the corporation of the city of Montreal and to vest certain powers in the said corporation ; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows : TITLE FIEST. Pi'camble. INTERPRETATIVE PROVISIONS. Intcrpvctn- !• Whenever the following words occur m this act, they tion. shall, unless the context otherwise requires, be understood as follows : " Countu." The word " council," shall mean the council of the corporation of the city of Montreal ; .. Mayor," The word "mayor," "aldermen," " city clerk," " city '', «i*i«"ne".''' treasurer," " city surveyor," shall mean the mayor, alder- •' city treasur. men, clerk, treasurer and surveyor, of the corporation of|y;"^^'t,'t^ys«ir- the city of Montreal, respectively ; 1 Teyor. Cap. "79. City of Montreal. 52 Vict. " Corjiorn- tion." '" Superior rourt." '' Recorder's court." " Recorder." " City." "Ratepayer." '•' Owner," " proprietor,' " tenant," " occupant." " Assess- ment." " Special as- sessment." " Tax." "Water rates." " Section." Person." The word " corporation," shall mean the city of Montreal as hereby constituted; The words " Superior Court " shall mean the superior court sitting' in and for the district of Montreal ; The words " Recorder's court " shall mean the recorder's court of the city of Montreal ; and the word " Recorder," the recorder of the city of Montreal ; The word "City" shall mean the city of Montreal or the corporation of the city of Montreal (as the case may be). ' The words " rate payer," shall mean any person liable to the payment to the corporation of any assessment, tax of any nature whatsoever, or water rate ; The words " owner " or " proprietor," " tenant " and '' occupant," shall be construed in accordance with the definition of these words contained in the Quebec election Act, title II, chapter II, of the Revised Statutes of the Province of Quebec ; The word " assessment " shall mean the rates annually levied upon immoveable property in the city generally ; The words " special assessment " or " apportionment " shall mean the assessment levied, from time to time, upon certain proprietors for local improvements ; The word " tax " shall mean the personal duty or license fee levied upon tr&des, business, professions or occupations generally ; The words " water rates " shall designate the price or value of water supplied by the city, as fixed under the provisions of this act or of any by-law passed in virtue thereof ; The word " section " with a number appended, shall mean the section of this act bearing a corresponding number, unless otherwise described ; The word " person " shall mean any individual, com- pany, association, commercial firm or corporation, unless such interpretation shall be inconsistent with the context. References. 2. Any form indicated by a capital letter, in the various provisions of this act, refers to the form with a corre- sponding heading contained in the schedule annexed to this act ; and any reference to one or more sections indi- cated in the provisions of this act, without mention of the act or statute of which such sections form part, is a reference to the sections of this act Name of act. S. This act shall be known as " the charter of the City of Montreal, 1889." 1889. City of Montreal. TITLE II. Cap. 79, 8 era. INCORPORATION. 4. The inhabitants of the city of Montreal, and theirinimbitants successors, inhabitants of the same, shall be a body oorpo- '"'"''i^"'"**''^- rate in fact and in name, by and under the name and title of Ihe City of Montreal, and as such, shall have Name, perpetual succession, and a common seal, with power tooeucrai pow- break, renew, change and alter the same at pleasure ; and' shall be capable of suing and being sued, and of implead- ing and being impleaded, in all courts of law and equity, in all manner of actions, causes and matters whatsoever, and of accepting, taking, purchasing and holding goods and chattels, lands and tenements, real and personal, moveable and immoveable estate, and of granting, selling, alienating, assigning, leasing, and conveying the same ; and of entering into and becoming a party to contracts, and of granting and accepting bills, bonds, judgments or other instruments or securities, for the payment or securing the payment of any money, due by or to the corporation, and the performance of any other duty, matter or thing whatsoever. TITLE III. CITY BOUNDARIES. — WARDS. — ANNEXATION OF TERRITORY • 5. The city of Montreal shall comprise the tract of land corporate situated within the boundaries shewn and specified on {jj^ed.''***^ the plan of the city made and certified in duplicate by the City Surveyor, dated the third day of January, one thousand eight hundred and eighty-nine, signed by the mayor, countersigned by the city clerk, sealed with the city's seal, and deposited as follows, that is to say : one of the duplicates in the office of the clerk of the Legislative Council of this Province, and the other in the city survey- or's office in the city hall of the city. 2. The jurisdiction of the city for municipal and police fo"'^un\'^°ai purposes shall extend to the centre of the River St Law- aud police ranee opposite the city. purposes. «• For the purposes of this act, the city of Montreal DiviMon into shall be divided into twelve wards, respectively called : ^^'^' East, Centre, West, Saint Ann, Saint Antoine, Saint Law- rence, Saint Louis, Saint James, Saint Mary, Hochelaga, Saint Jean-Baptisie and Saint Gabriel. :'.*! mt 4 Boiuitlnrlo. Cap. 79. City of Montreal. 62 Vict. The bouudarioN of the several wards above enumerated shall be as shewn and specified on the plan referred to in the next preceding section. Proviso. phm'" "' '^"^ '^' Copies of the said plan, of full size, or on a reduced scale, certified by the city surveyor, shall be deemed au- thentic for all the purposes of this act. city limit*. M. It shall be lawful for the city oouncil, by the con- tumied hyuy. Current vote of the majority of its members, to make by- law, laws to extend the city limits, by annexing thereto, for all municipal purposes, any adjoining municipality or part of municipality, provided always that such by-law shall not be inconsistent with the provisions of any special act applicable to such municipality ; and any such by-law shall contain a complete description of the territory to be annexed, with a plan thereof shewing its area and boun- daries, and also the terms and conditions upon which it shall be so annexed. Such by-law shall also determine whether the territory so annexed shall form a ward by itself, or be annexed, in whole or in part, to any existing ward or wards of the city ; provided always that such by-law shall not have any force or effect unless, before the third reading and final passing thereof, it shall be approved of by the council of the municipality affected thereby, and shall also be sanctioned by the electors who are proprietors in the said municipality or part of munici- pality, as the case may be, in the manner following, that is to say : 1. A copy thereof shall be published once a week for one month in two English and two French newspapers in the city, and shall also be posted up at the door of the city hall, at the door of the parish church of the said muni- cipality, at the door of the hall or building in which the council of such municipality usually hold their meetings, and in at least six other public places in the said munici- pality, or part of municipality, as the case may be, — with a notice appended to such by-law, to be pigned by the city clerk, certifying that it is a true copy of a by-law which will be taken into consideration by the city coun- cil, after the expiration of thirty days from the date of the last publication thereof, as aforesaid ; and that on a day and hour, and at a place in the said municipality, or part of municipality, as the case may be, to be fixed by the mayor of the city, and named and designated in the notict, such day not being less than fifteen, nor more than twenty day« after .such last publication, a general meet- ing of the electors, who are proprietors, in the said muni- By-law to l)e publi.i)rovi'(l. Subject to approval by Lieutenant- Governor. and Hhall b«^ closed at five o'clock in the afternoon of the said Hocond day. 7. If at any time, on the first or second day, an hour elapses without a vote being offered, the poll shall be closed ; 8. At the close of the poll, the person presiding shall count the " yeas," and the " nays," and ascertain whe- ther the majority of the electors are for the approval or disapproval of the said by-law ; and thereupon he shall, forthwith make and sign a certificate stating the result of the voting upon the said question, and such certificate shall be countersigned by the s<^cretary-treasurer of the municipality acting- as secretary of the meeting, and shall be kept by him, with the poll-book, among the records of his office ; and it shall be his duty to transmit to the city clerk, within eight days from the close of the poll, a duly authenticated copy of the said certificate and poll-book ; 9. If the by-law be not approved by the majority of the electors of the municipality, or part of municipality, as the case may be, qualified as aforesaid, who shall have recorded their votes as aforesaid, the council shall not proceed to pass the same ; but if it be approved by such majority, it shall thereupon be submitted to the council, with a preamble reciting the fact that such by-law has been approved by a majority of electors qualified as afore- said in the said municipality or part of municipality, as the case may be, at a meeting called and held in conform- ity with the requirements of this act. And if after- wards the by-law be passed by the council, by the vote of the majority of its members, then such by-law shall have eflfect, subject to the approval of the Lieutenant- Governor in council, and shall have no force until such approval has been given. Licutcuaut- O. The Lieutenant-Governor in council may require fequire'^nfor? ^^'^"^ *^® couucil and from the municipality to be an- niation. uexed, ill whole or in part, under such by-law, all such documents and information as he shall think necessary for ascertaining the expediency or inexpediency of such by-law, or any of the provisions thereof ; and the propf^r officers of the couucil and of such municipality shall fur- nish the same accordingly ; and thereupon the Lieutenant- Grovernor in council may in his discretion approve or disapprove of such by-law ; and if he shall approve of the same, such approval shall give to such by-law the By law ton- force of law ; and thereafter the same shall be conclusive- approved, ly presumed, and shall be held, to be regular and legal ; and the validity thereof, and the sufficiency of all notices i2 VlCT. n of th« ftii hour shall he ig Hhall ,in w he- ro val or he Mhall. le result •rtificato T of the nd shall 'cords of the city 1, a duly •book ; ty of the •ality, as ill have ihall not jy such council, law has as afore- ility, as jonform- if after- ;he vote w shall itenant- til such require be an- il such 'cessary of such proper lall fur- iten ant- rove or )rove of aw the clusive- i legal; notices 1889. Citff of Montreal. Cap. 79. and prooeedingH relating thereto, and to the paNHage thereof, shall not thereafter be disputed before any court, nor in any niiinner whatever. lO. Any municipal officer, or member of a municipal ivm»ity ou council, wno shall neglect or refusi' to perform, or to eon- jj}!,^ „'["*' cur in performing, any oiUcial act or duty n-quired of him for carrying out the provisions ttontained in the two next preceding se(;tions, shall l)e liable to a penalty of one thousand dollars, which penalty may be sued for in the name of U«'r MajcHty, before any competent court, within six months after the offence was committed, but not afterwards. 11» So soon as any municipulitv or part ofa municipal- AiuR-xtdiuu. ity, shall have been annexed to the city, under this net, !j|'^'('|*",Jjf.'*"*'* such municipality, or part of municipality, shall be sub-iawn, Ai. ject to the provisions of the several acts, by-laws, rules and regulations then in force or thereafter to be made and passed, under the powers conferred upon the corporation of the city by its charter, or by any a< t amending the same, except in so far as such provisions may be incon- sistent with the conditions of the by-law under which such annexation shall have taken plac«! ; and the legisla- tive enactments contained in the statute 37 Vic;., chap. 51, sections 168 to 174 both inclusive, with respect to the mak- ing of a plan for the several wards of the city, and the effect thereof, shall, notwithstanding the repeal of such statute, as hereinafter provided, apply to any of tht; new terri- tories that may hereaiter be annexed to the city, under the preceding sections ; or which have already been an- nexed to the city, but where the authority to make suoh a plan has not yet been exercised. TITLE IV. THE CITY COUNCIL. — MAYOR AND ALDERMEN. 1J8» The council of the city shall be composed of the composuioii mayor, and three aldermen from each ward of the city, ^^ council. and shall exercise all the powers and discharge all the duties granted and imposed by this act upon the said city. 18. The mayor shall be elected for a term of one year iuyor. by the majority of the votes of the qualified municipal •5 I* 8 Cap. 79. City of Montreal, 52 Vict. To be justice of the peace. HiH salary. electors of the city cast at such election ; and shall hold office until his successor in office shall have been elected and sworn in ; He shall be ex offi'io a justice of the peace for the city and district of Montreal, and shall receive, out of the funds of the city, a salary to be fixed by the council, not to exceed two thousand dollars. Vacancy in office of mayor how filled. 14. In case a vacancy shall occur in the office of mayor from any cauje whatever, the council shall, as soon as possible after such vacancy, elect one of its members to be mayor for the remainder of the period for which the mayor, whose place is to be supplied, was elected to serve ; the acceptance of the office of mayor by such member shall have the effect of rendering his seat in the council vacant, and a new election to fill such vacancy shall be held. Actingmayor. 15. The council, at its mouthlv meeting, in the montht- of February, May, August and November, in each year, shall elect one of the aldermen to act as mayor during the ensuing three months, whenever the mayor may be absent, sick or unable to act ; and the member of the coun- cil so elected shall, during such absence, sickness, or ina- bility, have and exercise, all the power, authority and privileges, vested by law in the mayor. Wards how reprcBentcd. Alderman may resign. 16. The several wards of the city shall each be repre- sented in the council by three aldermen w^ho shall not continue in office, without being re-elected, for a longer period than three years, and who shall severally be jus- tices of the peace for the city. 17. Any alderman may resign and vacate his seat in the council, by transmitting his resignation in writing signed by him, to the city clerk ; but such lesignation shall have no effect until it be accepted by a resolution of the council. Vacancies how filled. 18. If any vacancy occurs in the office of alderman, the mayor shall fix an early day for the nomination of candidates ; and also the day on which the election snail take place in case of a contest ; and notice of such nomi- nation and election shall be given ; and iach nomina- tion and election shall be held, in the manner hereinaf- ter prescribed, and the person elected shall hold office du- ring the unexpired term of the previous incumbent's tenure of office. 52 Vict. lall hold I elect3d the city- be funds , not to )f mayor soon as ibers to lich the serve ; member council ihall be ! montht- jh year, during may be tie coun- , or ina- ity and e repre- lall not El longer T be jus- seat in writing ignation solution ierman, ition of Ion snail h nomi- tiomina- lereinaf- ffice du- mbeat's 1889. Citi/ of Montreal. Cap. 19. 9 19. No person is capable of being nominated or elected Mayor's quai- mayor unless he has been resident in the city for one year 'fl'^^«t'"°- next before the election, and unless he, during the six months preceding the day of his nomination, has been seized and possessed of immoveable property in the city of the value of four thousand dollars, after payment or deduction of all charges thereon. 20. No person is capable of being nominated or elected QuaiificaMoa alderman, unless he has been a resident in the city for one °^ "'dermen. year next before the election, and unless he has been, during the six months preceding the day of his nomina- tion, seized and possessed of immoveable property in the city of the value of two thousand dollars, after payment or deduction of all charges thereon. 21» No person shall enter in office as mayor or alder- Dedaration of man, unless he shall have previously deposited and 'i""''**^"*'""- lodged in the hands of the city clerk a declaration signed by himself, establishing the fact of his being qualified in accordance with the next preceding sections and con- taining a detailed description of immoveable property on which he qualifies himself. Any alderman voting at any meeting of council or com* Penalty on mittee, imless he is duly qualified as required by law, *lfun""" shall be liable to a penalty of one hundred dollars for without being each such vote which he gives in council or in committee, 'i""''^*^^- 32. In case the mayor or any alderman has ceded, or if property made over, the immoveable property on which he qualified n"embe*r''quai- himself, or has mortgaged or encumbered the sarae, so as ities chani^c« to affect the amount required for his qualification, it shall ''*"'^''- be lawful for any two duly qualified electors to present a petition to the council, requiring the said mayor or alderman, as the case may be, to produce his title of such other immoveable property as he may qualify upon ; and in default of his doing so, within a delay stated by the council, his seat shall become vacant. 23. No person is capable of acting as mayor or alder- Mayor and man until he has taken, before the city clerk, the oath of ?'''„'l™';? ^" allegiance to Her Majesty, her heirs and successors, and the oath of office, in the form A. 24. No person is capable of being nominated or elected QuaiiUcatiow as mayor or alderman who is not a natural born or natu- afdermcn.""'^ ralized subject of Her Majesty and of the full age of twenty-one years, or who has been convicted of treason or felony, in ar.T court of law within any of Her Majesty's n A\ Ml 10 Cap. 79. City of Montreal. 52 Vict. dominions, or who is in holy orders, or a minister or teacher of any religious sect, or a judge or clerk of any court, or member of Her Majesty's privy council or the executive council of the Province of Quebec, or who has any contract with the city for the performance of any work or duty, or who is surety for any such con- tract, or who is in any way accountable for the city reve- nue, or in the employ of the city, or vho is indebted to the city for taxes, assessments or water rates, special assess- ments for local improvements excepted, or is a party to, or interested in any law suit or judicial process whatso- ever, the amount of which shall exceed one hundred dol- lars, and wherein the city shall appear as an adverse party. Alderman to ^jjy alderman, who is directly or indirectly interested be disqualified . J j. i J 'ivj i'"'p -ij if interested in any contract lor worK to be done or supplies furnished to the corporation, shall ipso facto be disqualified ; but this provision shall not apply to stockholders in a joint stock company, but such stockholders shall not vote on questions in which their company is interested. in contract with city. Proviso. Causes of dis- qualitii-atiou. 25. If any person, holding the office of mayor or alder- man, is declared bankrupt, or becomes insolvent, or applies to take the benefit of any act for the relief of insolvent debtors, or compounds by deed with his creditors, or takes or enters into holy orders, or becomes a minister or teacher of any religious sect, a judge or clerk of any court, or a member of Her Majesty's privy council or of the exacutive council of the Province of Quebec, or becomes accountable in any way for the city revenue, or enters into the employ of the city, or is absent from the city more than two months continuously, or from the meetings of the council for more than two months consecutively, (unless in case of illness, or with leave of the council), or directly or indirectly, becomes a party to, or security for, any contract or agreement with the city for the perform- ance of any work or duty, or derives any interest, profit or advantage from such contract or agreement to the extent of one hundred dollars, then, and in every such case, such person shall thereupon immediately be(;ome disqualified, and shall cease to hold such office of mayor, or alderman, as the case may be. bers tooontin- ^^' '^^^^ mayor ftud aldermen, who are in office when ue in office, this act comei into force, shall continue in office until required to go out of office undor this act ; and the person who is mayor at the time this act comes into force shall continue in office until his successor is appointed and sworn in. ►2 Vict. lister or k of auy or the vvho has e of any ch cou- ity reve- 'd to the I aesess- )arty to, whatso- red dol- se party, terested iruished id ; but 1 a joint vote on 3r alder- ■ applies isolvent tors, or lister or of any nl or of )ecomes enters ty more ings of atively, icil), or rity for, erform- profit 5 extent se, such lalified, erman. B when e until person shall ed and 1889. Citt/ of Montreal. Cap. 79. 11 JW» On the first Monday of Februavv, every y^ar, one One alderman of the aldermen for each ward shall go out of office ; and (o . 'ifoi'tor*^ on the first Monday in February next, and on tln' first office in Feb- Monday of February in each succ"e<'ding year, such alder- """'•^'*'*^^"'"'J'- man for each ward shall go out of office who has b»^en a member thereof for the longest time without re-election. J88. If, on the first Monday in February next, or in any Extra vacancy succeeding year, the seat of any aldermaii, whose reoulari,',\,""';^,^ term of office was to extend beyond the first day of February, is vacant irom any cause whatever, theii an alderman shall be elected to (ill such vacancy, as well as in the place of the member who is then regularly to go out of office under the provisions of the precedins* section. 20. The council may appoint as many ccnnmittees as it Conunittpes. may deem necessary, consisting of such of its members as it may think fit to name, for the transaction of business, and for the discharge of such duties as may be assigned to them by by-law. TITLE V. MUNICIPAL ELECTORS — VOTERS OF THE LI.ST. LIST — REVISION 30. The following persons, being of the full aue of Q|">i'fitation twenty-one years, are entitled to be registered upon the "^ '''''''*"'^*'" voters' list for any ward, and when so registered, to vote at elections to be held under the jnovision-s of this act, namely : 1. Every male person entered on the last assessment Propriitors. roll, in force, as the owner of immoveable j^ropiMty in such ward, of the assessed value of three hundred dol- lars or upwards, or of the assessed yearly value of thirty dollars or upwards ; and if such immoveable property is owned by several persons par indivis. cadi of them shall be entitled to a vote in respect therc'of. provided the pro- portion of the assessed value of the property correspond- ing to his share thereof, amounts to a sum sufficient to qualify him as a voter under the provisions hereof; The husband of any AvoniaJj under the law of separa- iiu^iiand of a' tion as to property, when she is seized and possessed, fi« |),^v'I)T«('parn. proprietor or usufructuary, of immovea])le property, ofnonasto i)ro- the assessed value of three hundred dollars or more ; or '"'"'^ • where she does business or has a place of business, Avhich renders her subject to the pavment of the business tax ; Widows and spinsters shall have the same rights, as to wi.u.ws and voting, as are con ferred upon male persons who are pro- "i''"*^*''"^ 2 12 Cap. 79. Cilif of Montreal . 52 Vict Ti'uantr'. Pti>ou^ keep ing ottifi- or place 111' iiuci- prietoiH by this subsection, (subject to the same condi* tioiis ; 2. Elvei y male person, being an inhabitant householder in the city, whose name is entered ou the last asses- mcnt roll in force, as the tenant of a dwelling-house or part of a dwelling-house, in the ward for which such list is made, of the assessed value of three hundred dol- lars or upwards, or of the assessed yearly value of thirty dollars or upwards ; ;J. Every male person, though neither an owner or house- holder, who, either individually or jointly, as a co-part- ner with any other person, is entered on the last assessment joll in force as the tenant or occupant of any warehouse, counting-house, shop, office or place of business in the city, provided that such warehouse, counting-house, shop, office or place of business, if occupied by the .said person individually, be assessed at a value not less than three hundred dollars, or at a.ytarly value of not less than thirty dollars ; or if occupied by him its a co-partner, that his proportion or share thereof be not of less value than the amounts afor« said respectively, according to the assessed value thereof. AVlicTc and in what maum-r elecltir?* niny vote. Jil» Persons entitled to vote, as aforesaid, shall vote in and for the particular ward in which the property con- stituting their qualification to vote shall be situated ; but when any such person is qualified as owner in more than one ward, or as the tenant or occupant in one ward, and at the same time as owm r or householder in any other ward, he may vote for the election of aldermen in any or all of the wards wherein he is qualiiied so to do, and he shall be inscribed in the voters' list for each of such wards, provided that for the election of a mayor such person shall vote only in the ward, or one of the wards, wherein he is qualified to vote, either as owner or as householder. Tcu.iiits to ;js. No person qualified as tenant is entitled to vote loun'aVk'tiRiii at ally election of mayor or alderman, unless, prior to the to vote. iir.si duy of December next before the holding cf such election, he shall have paid the amount of all taxes, as- sessments, and water rates (special assessments for local improvements excepted), that may then be due and pay- able by him. Voters" list. JJ8. Before the first day of December, in each year, the assessors shs 11 make, from the last assessment roll then in force, an all habetical list of the persons qualified to vote at elections under this ac^^, to bt* called "' The Voters" 1889. City of Montreal. Cap. 79. 18 List, " wherein they shall iirsert the names and suruamed of the voter.s, their occupation, and the street and number of the property in respect of which they are qualified to vote ; and they shall also indicate in a 'separate column, the nature of the qualification of such voters, whether as owners, occupants or tenants. 34. In preparing- the voters' list, the assessors shail divI-^ou of subdivide each ward into as many electoral districts as y^* "'/'}, they deem convenient, each of such districts to contain trii^'ts'" two hundred voters or thereabout, and shall make a re- port in duplicate of such subdivision, shall sign the same, and retain one duplicate thereof, the other to be trans- mitted to the city clerk ; they shall make out, for each such electoral district, an alphabetical list of voters, which List of votti* they shall sign, ceviiiying that it is correct to the best of[".''["^''^''''- their knowledge and belief, and shall deliver the same "^ ' " to the city clerk, prior to the first day of December ; and at any election held under this act. each of such electoral districts shall constitute a polling district for such elec- tion. 35. On the said second day ot' Dt'cembi-r, the city clerk List* to w shall transmit the voters' list to the city treasurer, whose JV^^^^'^jJ^^^jJ^!^" duty it shall be to examine the same and to indicate such of the voters as are disqualified under section 32, by writ- ing opposite their names respectively, in the column for VHimarks in such list, the letters P. T., \V, R., as the case may be, the said letters signifying respectively P. T., personal lax, W. 11., tvater rale, according as the said voters may, on the said first day of December, have been iudebt- t'd ior personal tax or water rate. 36. On or before the twentieth day of December, List to i.o iv- the city treasurer shall return the voters' list, checked as Vi'Jrk*^ ''"^^'^^ albresaid, to the city clerk, in whose office it shall be kept for examination by all parties concerned, at reasonable hours, until finally revised by the board of revisors. 97» The city clerk shall immediately thereupon publish Notice of n- i- a notice of the revision of the voters' list (in the form B,) '*'"" "' "'*'■ in at least two English and two French newspapers, in which notice shall be stated the days on which the board of revisors will meet for such revision. 8H. In the month of December in each year, the coun- Board of re. cil shall choose five of its members who shall be and^'^°"- constitute a board of revisors, any three of whom shall be a quorum, and who shall be sworn before the mayor or any u Cap. 79. City of Montreal. 52 Vict. aiderman not a member of the board, wellaud impartially to perform their duties as revisors. AppiUatioii to 3f|. On or before the fourth day of January in every hmv^muli\'* year, any elector, in any ward, may give notice in writing to the board of revisors (which notice shall be left at the office of the city clerk) that he will apply to have the voters' list for such ward amended, either by the addition theretoof names of persons omit ted, or by striking off there- from the names of person improperly inserted ov by striki ii g off or adding letters importing disqualification affixc^d under section 35, and such notice shall specify the qualification of the electors sought to be added, and the causes of disqualification of those sought to be strut'k off: such notice shall, at the diligence of said ai)plicant, on or before the fifth day of January, be served upon every elector who is sought to be struck from the list of voters, and shall be open to the inspection of any elector ; and on the day fixed for the revision of the voters' list of the ward in which such applicant is (jualifiedto vote, he shall appear, either personally or by his agent or representive, before the said board to niake good his application. Board of revi Rors wlicn to meet. 40» The board of revisors shall meet on the fifth day of January at ten o'clock in the forenoon, and after electinii' Their nowors one of their number to preside at their meetings, shall dttiiua. adjourn from day to day until all the applications and objeo tions made in respect of the voters' list have been adjudi- cated upon ; and, after hearing the best evidence of which the cases will admit (all wituessses being first duly sworn before any member of the board) and the parties interested or their representatives, if present, they shall make the necessary additions or erasures to or from such list, and shall further correct all misnomers and all clerical or technical errors therein. Provided that nothing contained in the preceding section shall prevent the board from erasing from the list the name of any tenant who may appear not to have paid his taxes or water rates before the first day of December, as aforesaid, or to bi' dead at the time of the revision of the list, or whose name may have been erroneously included twice in the list of any one When list ward ; provided always, that the list shall be finally u"ievised ""' revised before the ten days immediately pret-eding the day fixed for voting at the municipal elections ; and the list so revised and settled shall be signed by the chairman of the board, countersigned by the city clerk (in the form C.) and shall be filed of record in the office of the city (^lerk ; and copies thereof, certified by him, shall be deemed au- thentic for all the purposes of this act. 52 Vict. ipartially 111 evory n writing eft at the have the y addition ofFthere- y striking xed under ilification causes of off : such or before rv elector )ters, and nd on the e ward in ill appear. ve, before ifth day of 'V electinii' iio's, shall and obje«> n adjudi- >f which Illy sworn interested make the list, and lerical or contained 9a rd from who may before the ad at the may have any one be Hnallv 1889. Cit/j of Mont real. Cap. 79. 15 ig- the day d the list lairman of le form C.) ity clerk ; eemed au- 41. At any time after the final revision of the voters Certain cor- list as aforesaid, and until the close of the election on the [,'^'i'{,"JJy ^" lirst day of February, the board of revisers shall have made piudiug power and authority to correct purely (clerical errors in "'^' ^''*^'*^*''*"- the names of the electors, or errors in the appending* by the treasurer of the capital letters at the end of the names of the electors as hereinbefore provided ; but such correc- tions shall only be made upon the joint certificate of one of the members of the said board and of the city clerk ; provided that nothing herein contained shall be held as authorizing the revisors, or any of them, to strike out the name of any elector entered in the said list, or to add th«'reto the name of any elector not already entered therein 42. If any revisor neglects or refuses to perform any of Penalty. the duties required of him under the preceding sections, he shall incur a penalty of two hundred dollars. TITLE VI. MUNICIPAL ELECTIONS, 43. The election of the mayor and aldermen shall be when held, held on the first day of February in every year. 44. The twentieth day i-f January in each year shall Nommatiou of be the day. of nomination for candidates at elections for ''""<'"'»*<'*• the offices of mayor and aldermen respectively ; and such nomination shall take place at the city clerk's office in the city hall, between the hours often and twelve o'clock in the forenoon. 45. Five days at least prior to such nomination, the Notice there- city clerk shall give public notice, of the time and place ^•j^.Jjj'*'^ of such nomination. 46. Each candidate shall be named and designated by Formalities to his christian name and surname, with his residence, pvo-^'^' "'''"''■''*^ • fossion or occupation, in a nomination paper (in the form D.) which shall be signed by at least ten electors duly qualified under this act, and deposited in the city clerk's office on the day and between the hours aforesaid ; and such nomination paper shall be accompanied by the con- sent in Writing of the person nominated, unless such person be abseiit from the city, in which case the nomi- luition paper shall set forth such absence. 47. The nomination paper shall also be accompanied j^ffldavit re- by an affidavit, (in i he form E) sworn b^fol-e the city'' clerk or a. justice of the peace and setting forth : 16 Cap. 19. City of Monlreai. 52 Vict. A« to quniiti- 1. That the deponent knows that the subscribers to the ti" HMj^nini'"^ nomination paper, or at least ten among them, are elec- tors entered as qualified to vote upon the voters' list in force in the city, or in the ward in which the election is to be held, (as the case may be) and that they signed the nomination paper in his presence ; 2. That the consent of the candidate was subscrib«^d by him in the presence of the deponent, or that the candidate is absent from the city. nomination paper, Conncnt of cancUduti-. Canciuiatis 4Hm If ouly the number of candidates required to be gition"tViK''" elected, are nominated in the manner aforesaid for any (iioiarert of the Said offices, they shall ipso facto be elected ; and it shall be the duty of the city clerk to proclaim such elec- tion, by public advertisement, not later than the day following the nomination. ek'ftetl. In cane of opposition poll ijrantod. 40. If more than the required number of candidates are nominated as aforesaid for any olie of the said office.^, a poll shall be granted, and the election shall be proceeded with in the manner herein prescribed ; provided that no person shall be voted for or elected, who has not Ijccu nominated in manner aforesaid. Candidates may rt'sigii. 50. Every candidate, nominated as mayor or alderman,, may, at any time before the closing of the poll, withdraw and resign, by filing with the city clerk a written decla- ration to that effect, signed by such candidate, in the pre- sence of two witnesses, who shall also sign thesame ; and in such case, it shall be the duty of the city clerk, on receiv- ing such declaration, to make known such withdrawal by public notice; and. if only one other candidate for su«h office remains, he shall thereupon proclaim such candidate to be duly elected ; and, in the latter case, all proceedings in connection with such election shall be discontinued. Kovisors to make arrant nients for election. Dejtnty re- turning ottl- cers. *51. The board of revisors shall make the necessary arrangements for the election of mayor and aldermen ; and for that purpose thi'y shall meet between the fifteenth and twentieth days of January in each year, to fix and determine the places where the polls are to beheld in the several wards wherein the election is to take place. They shall select and appoint for each i)olling place to be held for the said election a deputy returning offii.in' iim*. electoral district in which such poll is to 1> > held, and shall transmit the sam ' duly cr»rtiried to the resp;>ctive deputy returning officers. Viiliiii; fur iiiiiyiir tind tiUli-rnicii wlii'i) niul how lu'ltl. US* When a poll has been ifranted for the el«'ction ol the mayor, the voting shall take place in all the wards, and when a poll is granted tor the election of an alderman, the voting shall take place in the ward for which the poll has been granted ; the voting for the election of mayor and ald(^rmen shall tak«' place on one and the same day, that is to say : on the first day of February, at the places, and before the deputy returning officers appointed as hereinbefore provided ; and the polls shall be op«Mied at nine o'clock in the morning, and closed at five o'clock in the afternoon. 54. Six days at least prior to the voting, th(^ city clerk Noiuf to i.c shall give public notice of the time and platu's where -'**"• such voting is to be held, spi^cifying at the same time the boundaries of each electoral district, as previously Hxed and determined by the assessors as uforesuid. 55. All elections for mayor or alderman in the said city Eicition* to shall b;> by ballot, and the principle of the Quebe.' Election ''^' "'> '""'"'■ Act, as <'ontained in articles numbered from 203 to 416, of the Revised Statutes inclusive, together with the forms referred to therein, save and except the articles numbered* vituiuar- 362, 372, question No. 2 of article 318, and the form ofonthSd statutes to voters in the article 318 which shall be in the form (t, t" :>iM'i.v. of this act, — shall mutatis mvtamUs apply to such elections, and shall govern the same, and all matters relating thereto not expressly provided for by this at^t. Rut t he council CDmicirmny shall have power, by by-laws, duly made from time to j;;;^";;^;,^;;!,",'" time, to alter the details'ofthe procedure in the conduct .\:c" of the ele(!tion, and in the taking of the ballots, provided that in so doing they do not make provisions conflicting with the principle of the said articles. The council may also embody in such by-laws any amendments to such clauses that may be hereafter passed by the legislature ; in all questions' arisina- in r.'sp?ct of elections under this act, the said clauses amended, altered or added to as aforesaid, shall b;> read as formina* part of, and shall form part of, this act. In applying the said articles to elections to b^ held||>ii'p^et^a. under this act, the words " returning officer " in any of tai„ woku. such clauses, shall mean the chairman of the board of 18 Cap. 70. City of Monfrenl. 52 Viut] rt'visoiH ; tht' wordw " deputy returning officer, " shall moan the perwon having charge of any poll, and the vvordw " (;lerk of the Crown in Chancery, " shall mean, the city clerk. L'lirrupt |)ri(i tlce*. Corrupt pnic tices (letliu'cl. Arrest of ])vr sonj unlaw- fully votini;-. Fine Eleutiou may be annulled " owing to cor- rupt practi- ces. Proviso. »10. The clausew ol' the Quebec EK^ction Act, numbered irom avtiile8 408 to 425 both inclusive, and from 431 to 485 both inclusive, of the llevised Statutes, huviug re- ference to corrupt practices at elections, the punishment thereof, and matters incidental thereto, shall apply to all elections under this act. Any act or offence punishable under any of the pro- visions of articles 408, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420 and 421, of the said Revised Statutes, shall be corrupt practices within the meaning of this act. Every person, who, at any election for mayor or alder- man for the said city or for auv ward thereof, shall illegally endeavor to vote or who shall vote for and in.stead of another elector, may be arrested on view by the returning officer or by any justice of the pea(-e in the said city, or by any other peace officr or constable present at such election or on warrant issued by any justice of the peace; and the person so anvsted shall be taken to and kept in a safe keeping or confined in the common gaol of the district of Montreal until the end or close of the election, and until good and sufficient security be given that such person ."^o arrested shall appear and answer to the charge to be preferred against him in that respect, before the recorder's court ; and every such person shall, upon con- viction of the offeui-e aforesaid, incur and pay a fine not exceeding one hundred dollars and, in default of immediate payment shall be liable to an imprisonment not exceed- ing three months in the common gaol, for each and every such offence, unless the said fine be previously paid. »5T. If, upon the contestation of any election under this act, it is established to the satisfaction of any court or judge, that any corrupt practice has been committed du- ring such election by the person returned, or by his agent, whether with or without his actual knowledge and consent, such election (subject to the exception hereinafter provided for) shall be, and be adjudged to be, void ; that is to say, save und except in the case of a corrupt practice or practices having been committed by an agent, without the knowledge or consent of the can- didate ; if the court or judge should declare and adjudge that such corrupt practice or practices was or were not of sufficient extent, or of such a nature, either alone, or in connection with other illegal practices at the election 62 Vict! 1889. Citf/ of Monfreat. t?up. 79. 19 , " 8hall and tht* ill moHii, umbon'd m 481 t.) ,viug rt- lishmeut >ly to all the pro- 416, 417, tes, shall ict. )r alder- illegally istead of ijturniiig I city, or at Huch le peace ; kept in ►1 of the election, hat such e charge fore the pon con- fine not imediate exceed- iid every laid. uler this court or tted du- • by his ow ledge ic<".eption d to be, case of a itted by the can- adjudge vere not done, or election as to have att'ected, or as could reasonably be supposed to have aflerted, the result of su<'h election, the election may be maintained. *N. After the closing of ihe polls, the board of revisors K.vii*«.r^ to shall meet in the «ity hall, and shall ascertain, from tht "}"'"„\,lJ 'jl',""' reports made by the d«'puty-returning officers, the total loimt votl'.*. number of votes reiorded for each candidate for the office of mayor, or alderman, and shall make a report in writing to the city clerk, signed by the majority of the board declaring the person having the greatest number of votes for the ofUce of muyof , to be elected mayor, and the per- sons, having the greatest number of votes for the office of alderman in the conte.sted wards, to be elected aldermen, aud thereupon the city clerk shall forthwith give pub- lic notice of such election. In case of equality of votes in respect of either of the said offices of mayor or alder- man, th«' I ouncil shall determine whi(ih of the persons shall be cin'ted. 5fK The fees to be allowed to each deputy-returning Fees, officer and poll clerk, for their services at any such elec- tion shall be as follows : to the deputy-returning officer, four dollars ; to the clerk, two dollars. TITLE VII. CONTESTED ELECTIONS. ttO. Any person, qualified to A'ote at the election of Form of pro- mayor or alderman, may present to any one of the judges '*'''"''<^- of the Superior Court, sitting in term or in racation, a pe- tition, {requite libellie,) complaining of the election and return of any person as mayor, or alderman, at whose election he had a right to vote, and praying either for the annulling of such election, and that a new election be ordered ; or for the annulling of the election, and for a judgment declaring some other person to be duly elected in tile place and stead of the person returned. And such petition may be based upon all or any of the following grounds : 1. That the person returned did not receive the majority aiu nation* of of legal votes at such election ; petition. 2. That he was not qualified to be elected as such mayor or alderman, as the case may be ; 3. That he was guilty of corrupt practice within the meaning of this net, either in person, or by an agent, with or withont his authority, knowledge or sanction. t 'n 20 Cap. 79. CiV// of Mtmlteal. 52 Vh't. Ti.i.iMii.pmi 61* »Suoh petition Hhall snt forth, iiiasninmavv uiunn»»r. '■'"'•*"'" th«' timo, phuM" and rin'UinNtan«'««N ol'any ui't, matter, or thing, material to the conclusionN of sueh petition ; and the allegations theret)fwhall he supported hy iilfidivit to the satinfaetiun of the judge, who shall thereupon eause a writ to be iNMued. summoning the person returned as being eleeted, to appear on a day named therein to an»\v»T to the said jj.'tition. But no Hueh petition shall be received after the expiry of the period of thirty days from the polling day for hucK election, or if no poll was held, after the expiry of thirty days from the day of nomination. Dflit.N lo I'l'. j't'lvepolHiiiii StTurlly for Ail. Upon the return day of such writ or within three day.s thereafter, the contestant shall give security for costs, after due notice to the defendant, in tht» manner in which such security is ordinarily given in cases in the said court. But any sureties offered shall Justify on oath as to their sufficiency to the extent of live hundred dollars, and th»' defendant may then and th»'re examine them on oath before a judge in chambers, as to their 8ulfi«'i<*ncy. 1.1KI loiuiro 03. Upon security being given, the case .shall be pro- imlfil with J J V, , ,. J F • 1 Kiiiniiiiiiiiy. ceeded with, and disposed ol in a summary manner, and, as far as practicable, as well with regard to the merits, as to all matters incidental thereto, shall be dealt with according to the ordinary procedure of the said court in 'fTTn't^'T" P^'^ceedings upon prerogative writs. And if. upon the to i)c ixiuiiV' issues raised upon any petition, it is necessary to count, inod. oj. tf) examine, or otherwise to deal with the ballot l)iipi*rs used at the election, or to (>xamine or deal with the poll books or other documents connected therewith, or with the officials conducting or acting in respect of such election, the court or judge shall, for such purpose.s, or any of them, have all the jurisdiction, power and authority vested in the court or any judge thereof in similar matters, by the Quebec Controverted Elections' Act, chapter III, title II of the Revised Statutes. NonppeHi. 04. There shall be no appeal whatev«»r from any judg- ment rendered upon any p'^tition, requSte.liheUii'. presented under this act, nor shall any such judgment b • inscribed for revision, or })e revisr»d or reconsidered b 'foie the Su- perior Court, sitting as a court of review. nianiier of ^^ such election shall be contested in any oth 'r manner, contestation, or by any other procedure, than in the manner hereinbe- fore provided. Ifl80. Cilfi of Mo/ifrenl. Cap. 70. 21 Wi» It 8hall bo theduty of the contt'stant to cuus«» uii< ..py of imiif. amthentie copy of'tht'judifirn'nt upon the petition, to be J,','.*^^\',,j"„j,^,„ 8«'rved upon th»» citv, by leavinf^ a ropy th<'r»'of witli the dealt with according to law. P'-iially. Minutes of (-•ouiifil. 76. Any p-rson who, in any manner whatsoever, dis- turbs the order or proceedings of the council, or behaves in a disorderly manner at a meeting of the council, shall, on conviction, for every offence, incur a fine not exceeding twenty dollars. F 77. The minutes of the proceedings of nu'etings of the council shall be drawn up and fairly entered in a book to be kept for that purpose, and shall be signed by the mayor or niember presiding at such meetings ; and they shall be open to the inspection of all rate-payers. 1889. Citif of Montreal. Cap. t9. 7H* All extracts, from the book required to be kept by Extmc t- the preceding section, and all copies ofentries therein, and, |^'J"""- generally, all certificates, deeds and papers, certified or' ' signed by the mayor, and countersigned by the city clerk, and under the seal of the city, shall, in all courts of justice in the Province, be taken and received as prima facie evi- dence of the facts set forth in such extracts, copies, ' The council shall appoint such officers as it may Appointment k necessary to carry into execution the ijowers vested *'*• 7» think necessary to carry into execution the jjower in it by this act, and may prescribe and regulate by by law the duties of such officers respectively, and at its pleasure remove any such officer, and appoint another in his place. The council shall take such security for the Srcurity re- due execution of the duties devolving upon the city ^"''■'^;;| ^'.'/^"' ' treasurer and other officers charged with the collection of the city revenue, as it may think proper, and may grant to the officers, to be appointed as aforesaid, su(;ii salary, or other compensation for their services, as it may think fit. SO. In addition to the persons already disqualified by i)is(,ui»iiHid this act from voting at elections for mayor and alderman, ''"""' '^«*'"- no officer or employee in the pay of the corporation, nor any member of the police force or the fire brigade of the cfty, shall be qualified to vote at such election. TITLE X. TAXATION. Sl« The council may make by-laws to impose andtoumii to lew * make by-laws. 1. An assessment on immoveable property liable to tax- Assessment ation in the city, not to exceed one and a quarter per cent "'" P''"P'^'*y- of the assessed value of such property ; for which a.ssess- ment the owner thereof shall be personally liable ; 2. A tax (to be called " business tax ") on all trades, Businec* tux. manufactures, occupations, business, arts, professions or means of profit or livelihood, which now are or may hereafter be carried on, exercised, or in operation by any person or company in the city ; provided that such busi- ness tax does not exceed seven and a half per cent on the annual value of the premises, in which such trades, manu- 24 Cap. 79. CUff of Montreal. 52 Vict. Special t;t.v. FircinsuniiHc coinimnii--. Lift- iiik) otlicr iiisiiniucit com jtiin it's. Bauli«. ■^i»i Has i'()m|iii. iiic>. 'IVUsii'apli i'iiiii|innics. factuivis, oci'upatioiis, business, arts, professions or moans ol' profit or livelihood are respectively carried on ; 8. A .spiH'ial tax on pedlars and carters doini*' business in the city ; on the owners of horses and vehicles for each and every horse and vehicle ; 3n brokers, money-lenders or commission merchants ; Cii pawn-brokers and auc- tion<'('rH ; on clubs, keepers of inns, saloons or restaurants, brewers and distillers ; on theatres, circuses, menageries and minstrels, and on all public places of amusement kept open for protit ; on billiard iables, mississipi or pigeon hole tables, ten pin alleys and other similar games ; on livery-stable keepers ; and on ferrymen or steamboat fer- ries plying for hire for the conveyance of travellers to the city from any place not more than nine miles distant I'rom the same ; t. A spe(;ial tax not to exceed four hundred dollars on every lire insurance company doing business and taking risks in the city ; . o. A special tax not exceeding two hundred dollars on every life, marine, accident or guarantee insurance com- pany doing business and taking risks in the city ; pro- vided that when any such insurance company combines two or more branches of any kind of insurance, one tax only shall be levied upon such company, th.it is to say, the tax, the rate of which is the highest on the said branches of in.surance respectively ; 6. A specinl tax not exceeding four hundred dollars on every bank doing business in the city, with a i>aid up capital of one million dollars or less ; a tax not exceeding live hundred dollars on every such bank, the paid up capi- tal of which is more than one million, but does not exceed two million dollars, and a tax not exceeding six hundred dollars on everj' svich bank, the paid up capital of which is above two million dollars ; 7. A special tax not to exceed live thousand dollars upon every gas company doing business in the city ; No other tax or assessment may be imposed upon the said company. saA'e and except such as may be imposed on the immoveable property of such company; but in no case .shall the city be held as having the right to impose a tax or assessment on the pipes laid in the stre« ts by the company. 8. A special tax upon every electric telegraph, telephone or electric light company, the maximum of which is fixed at four hundred dollars. Taxes ulicn liHjalili'. U8iuess for each lenders id auo- lurauts, lageries lit kept pigeon les ; on )oat fer- 8 to the distant liars on taking- lars on ce com- y; pro- jmbines one tax to say, the said [jUars on paid up cceeding" up capi- t exceed tiuudred ►f which irs upon poll the imposed ut in iiu impose a by the dephone I is fixed e of the id at the ax afore- said shall be paid in addition to the bu^^iness tax. vvher<*- eVflir such business tax is payable. .Sil. The cadastral number, given to immoveable pv -( iuiaJ.JJ^Jj^j* '^^'^ form of a license ; and thereupon such tax shall be pay- nii»i-. able annually, at such time,aiid under such conditions and restrictions as the council may determine. ^T. In the case of any tax imposed on the partner of Tax on part- a firm or company of merchants, in respect of the busi- "'^'"' U'ss of such firm or company, such tax may be claimed and recovered in the manner di^scribed for the recovery of assessments or taxes imposed by the council, either airainst such partner, or against the tirm or company of which he is partner. HM. Churches, parsonages, bishops* palaces, charitable ExLinptiuuf. iustitutions,free public libraries. and schools under the con- trol of the Catholic and Protestant school commissioners, and other educational establishments, are exempt from the ordinary and annual assessments, but not from special assessinonts or water rates ; the word. '" parsonages, ' shall apply to any house occupied as a residence by the offici- ating priest or minister of any church in the city, either as proprietor or tenant ; provided, however, that but one il I An I 1 i m m m in 26 Cap. 79. City of Montreal. ^y2 Vict. eases. parsonage for each church shall have the benefit of the exemption Excuii)Uons HH. When any immoveable property, within the city, is in I'Srtain" ' "^ exempt from the paym 'nt of the ordinary and annual as- sessments, either under this act, or under any other law or statute, and is occupied by any person otherwise than in an official capacity connected with the ground of such exemption, the tenant or occupant of such property shall bt' assessed in respect thereof to the extent to which such property would have been chargeable if not exempted ; but the property itself shall not b.? liable for such assess- ment. • TITLE XI. COLLKCTION OF TAXES AND ASSESSMENTS. ARsessori*. OO. The Council, in December ot each year, shall appoint six assessors, with power to the council to increase or diminish their number, from time to time, by by-law ; and thereafter the council may dismiss any of them who shall fail in the performance of his duty ; and may fill any vacancy which may occur in their number : and such assessors shall hold office till their successors shall have been appointed. The remuneration of such assessors shall be fixed, from time to time, by the coun(*il. To be sworn. Prior to acting as such, the assessors shall take and subscribe before the mayor or any alderman the oath of office (in the form H.) Asse^ement roll. Mode of as sessinent. Co-tell!.llt^ *!• The assessors shall, every year, value and a.ssess all immoveable property in the city, and make return also of the names of all persons liable to pay any tax or assessment, specifying the amount payable by every rate- payer, according to law. 9*2. In assessing immoveable prop.'rty, they shall take as the basis of their assessment, the actual value of such property at the time of making the assessment ; they shall moreover specify and include, in the assessment roll, the bond fide rent of such property, or if they consider that such rent does not represent, or is disproportionate to, the annual value of such property, they shall insert, in the assessmi'ut roll, the actiuil annual valui' thereof. It shall bi» their duty, in case several tenants occupy a property, to establish the proportion which each such tenant or sub-tenant has to pay, of the total amount of the tax or assessment imposed upon sin'h property ; 1880. Citf/ of Montreal. Cap. 79. 27 If the property i** occupied by, or is in the possession oiwiien pro- the owner, they shall determine the rent, according to l'"Jfi'\,y'^„wuer the amount at which, in their jud«/ if possessed indivh by more than one person, or the partition whereof/^" <"«'"'«»• has not been registered in the registry office, it shall be lawful for them to designate such property as belonging to " the Estate of ," mentioning the name of the auteuT of the interested parties, or the name of one of the co-proprietors thereof ; and the co-heirs, in the case of a succession, or co-proprietor, so named, as the case may be, shall be held to pay the assessment ; saving their or his recourse against any other person liable therefor. 04. The finance committee may, from time to time, RuieBappiita- make rules and regulations regulating and determining the ,'j'^' ^" assess- time when the assessors shall annually begin their du- ties, the manner in which they shall perform them, and generally prescribe, regulate and determine their duties and obligations in all respects. 05* Any person who refuses to reply to the questions Penalty upon which are put to him by any assessor in the discharge JJj^l^'; ^'''^ '■^• of his duties ; or who gives him information which hei^wcr, &c. knows to be false ; or who insults or assaults such asses- sor ; or refuses to allow him, in the discharge of his duties, to enter in or upon his property, or the premises occupied by him ; shall for each offence incur a penalty not exceeding twenty dollars, to be recovered before the recorder's court. ttO. Upon the completion of the assessment roll of any x„tice when ward or wards, the assessors shall givc^ notice of such "'"J.'* ?''^' *^'*'"- completion by advertisement, specifying in such notice '' ' *^' ' the delay for examining such assessment roll, which shall not be less than eight days from the date of the last insertion of such advertisement, and fixing the days on which such assetssDiient rolls will be revised respectivi'ly. \V7» On the days fixed by such notice, the assessors Heaiini^' of shall meet in th"ir office in the city hall, and shall hear ^"""'P''^'"'*- 8 28 Cap. 79. City of Montreil . 52 ViOT. No I'oinpl to he reel lifter cert: delay. Recoril of eeedings. Appeal to till Recorder's court. 1 and examine all complaints that may be brought before them, in conformity with such notice, respecting any entry in such assessment roll, and may adjourn from time to time, as may be necessary to hear and determine such complaints ; and it shall be the duty of the assessors to hear and examine, on oath, such person, and any witnesses appearing before them ; and they shall consider all evi- dence adduced touching such entry, and thereupon con- firm, or amend such entry ; and they shall notify the complainant thereof, by causing a written or printed notice to that effect to be mailed to him through the post office, ■>'"< No complaint, as to any entry in any assessment roll, '^'^^ shall be received after the day fixed for the examination and revision of such roll. The assessors shall keep a summary record of their pro- ceedings upon all complaints made to them. 9H» Any rate-payer having complained of any entry, who may think himself aggrieved by the decision of the assessors, may thereupon, within one week from the date of the mailing of such notice, appeal from such decision by petition to the recorder's court, which shall have jurisdic- tion in all such cases. All such petitions, together with a certified copy of the proceedings had in each case before the assessors, shall be filed with the clerk of the recorder's court, who shall give each petitioner due notice of the day and hour when the said court will proceed to hear and determine the merits of the complaint : for which purpose evidence may be adduced on both sides, upon the matters at issue. iin pro Further ap- peal to Supe- rior Court. Rolls to he de- livered to city treasurer. t>0» Any party aggrieved by any decison of the recor- der's court upon such appeal, may apply by summary petition for a revision thereof, to any one of the judges of the Superior Court, either in term or vacation, within a delay of eight days from and after the date of the render- ing of such decision ; and thereupon such judge shall order that the record of the proceedings of the recorder's court on the complaint, together with the complaint itself and the evidence adduced before such court, be trans- mitted to him ; and upon receipt thereof, he shall, after having heard the parties, either in person or by attorney, give such order as to law and justice may appertain. 100. When the assessors have complett'd the examina- tion and revision of the assessment roll of any ward, they shall deliver the same, certified and signed by them to the city treasurer ; and thereupon, except in respect of any 52 ViOT. •ht before tiug any irom time line such sessors to witnesses er all evi- ipou con- otify the T printed ongh the mnt, a statement of the taxes and assesments due, and shall at the same time, in and by a notice annexed to such statement, demand payment of the taxes or assess- ments therein mentioned (in the form K.) lOJi. If, any rate-payer neglects to pay the amount of Seizure incase taxes, or assessments due by him, for the space of fifteen II,Vnt." ''*^ days after the mailing of such notice and demand, the treasurer may levy the same with costs and interest, by warrant to be issued by the recorder's court (in the form L,) authorizing the seizure and sale of the goods and chattels of the person bound to pay the same, or of any goods and chattels in his possession, wherever the same can be found in the city, saving the exemptions provided by law ; and no claim of ownership or privilege thereon shall be available to prevent the sale thereof for the payment, out of the proceeds thereof, of taxes or assess- ments due in respect of the premises in which such goods and chattels were or are located. 104. Before proceeding to the sale of such goods and Notice to be chattels, the treasurer shall give notice (in the form M,) ''''^*'"" of the day and place of sale, and of the name of the debtor in default, which notice shall be posted in a conspicuous place at the entrance of the city-hall, and a (;opy thereof mailed to the last known address of the person in default, at least forty-eight hours previous to such sale. 105. No larger quantity of goods and chattels shall be ciuantity of sold than shall be sufficient to pay the amount of the debt, f^^l^ *° ^° interest and costs ; unless from the nature of the article seized it is impracticable .so to limit such sale. If the goods and chattels seized are sold for more than the whole amount of the said taxes or a.ssessments and the ^''H'Jus of costs attending the seizure and sale, the surplus shall be gaje how dis- posed of. 30 Cap. to. Citj/ of Mont real. 62 Vict. returned to the person in whose possession such goods and chattels were, when the seizure was made ; but if any claim for suih surplus is previously made by any person by reason of any right or privilege thereupon, and such claim is admitted by the person against whom the seizure is made, such surplus shall be paid to such claimant; if such claim be contested, the surplus money shall be retained by the treasurer until the respective rights of the parties be determined by the recorder's court. Provisions ap- 106. The provisious contained in the preceding sec- water rutts. tions, as regards the collection of taxes and assessments shall apply mutath mutandis to the collection of water rates that may be diie to the city. TITLE XII. 8ALE OF IMMOVEABLE PROPERTY FOR TAXES AND ASSESSMENTS. Property in arrears for taxes. Treasurer to I07. It IS the duty of the city treasurer to prepare Su^eof*^'^'^ before the first day of May, every year, a schedule contain- A legal description of each immoveable in the city, on which at least two years arrears of taxes, assessments and water rates have accrued at the time of the passing of this act, or may hereafter become due, or on which any such taxes, assessments or water rates have been in arrear for one year, with the names of the proprietors, as they appear in the diflerent rolls of assessment, or with a decla- ration that such proprietors are unknown ; also with a statement of the amount due in each case of the interest accrued thereon, and of the costs incurred thereon, and of the costs incurred in respect thereof. ION. The city treasurer shall thereupon give notice, by registered letter, to each debtor in default ; and if the ownership of the property has changed alter the impo- sition of the tax or assessment in arrear, also to the registered owner thereof; such notices to be addressed to the last known residence of each of the said parties, stating the amount due, and that such property will be placed in the hands of the sheriff for sa^e, in default of payment of the amount, within ten days from the mailing of such notice. If the debtor or the registered owner has no known domicile within the Province of Quebec, then and in that case, the formality of theiioticM'shoil not b'^ required. Xotioe to be jiiyen to the debtor in de- fault. AbBenteee. 1880. Cili/ of Moiifr,jnl. Cap. 70. 31 lOtt. When the entry of a ciidastral unmbtM- in the )vii( n n«-ncr resfistry olficc dot's uot spocify its owner, or when the |r,,"i'y,i".*"'"'' title to the prop u-ty is not sufficiently di'ar to make known sciiiicii. such owner, the service of the notice as aforesaid upon the last assessed owner, if residing within the city, shall be valid ; and if he is absent, no such noti«;e shall be required. When the assessed immoveable is placed on the assess- wi"" proper- ment roll as forming part of a succession, or as be1oug-in«r*)j,'.'^,!*"|jf„|"'' to CO- proprietors, the notice served upon any of the heirs or representatives of the said succession, or upon any of such co-proprietors, shall be sufficient. Every person without a domicile or place of business ivrsom* with- in the city, is deemed to be absent, within the meaning """'"'"'''"''■ of this act. OicrifF. no. If the amount due for taxes, assessments, or water staUniisiit to rates is not paid within the said period of ten days, the '"jp'""^'''^***" city-treasurer shall deliver such statement, duly certified, under his signature, to the sheriff of the district of Mont- real, who shall, without tht^ formality of a proees-verbal of seizure, proceed to the sale of the properties described therein, after having published a notice thereof, as pro- vided in the following section. Ill* The 11 tice to be given, as aforesaid, by the sheriff, Konn of notice may be in the form N ; it shall comprise as many immove- ''-^ '^'"^^' ' able properties as the sheriff has bean required to sell, under the provisions hereof, for the levying of taxes, as- sessments and water rates in arrears with cost's and interest, and such notice shall be published three times during How puwiah- two months, reckoning from the first publication and*'*'" before the day fixed for the sale, in the Quebec Official G-azette and also in one English new^spaper and one French newspaper published daily in the city ; it shall To he posted. also b(^ posted, one month at least before the day fixed for the sale, in the portico of the (dty hall and on the pro- perty to be sold. l,i^- Immediately after the publication of the said Copy of notice notice as aforesaid, the sheriff' shall transmit, to the regis- ,."gist?ar. trar of the registration division in which such immoveables are situated, a copy of the notice of such sale, and of the descriptive schedule of the properties to be sold ; and the registrar shall proceed thereon, in the same manner as he is bound to do upon notices for seizures of immove- ables made by the sheriff under vixiisoi fieri fadasde term. 82 Cup. 79. City of Montreal. ii-2 ViOT. Sheriff to ex- 118- WheiioviT iiiiy iiiimoveablf' i.s offi'r«»d tor salt> by fi^atfdVt'u: the sheriff, under this act, he shall exact from the highest tion. bidder, and before final adjudication, a sum equal to the amount of assessment or taxes due on su<^h immoveable, with interest and costs, and also the approximate cost of the judgment of distribution to be prepared by the pro- thonotary of the Superior Court ; but if the amount bid is insufficient to cover such taxes and asse.ssiaents, costs and interest, the amount to be deposited shall be only the amount of such bid ; and should the last bidder refuse or neglect to make such deposit, then the sheriff shall resume the sale, beginning with the next highest bidder. And all the remedies or procedure applicable to sales by the sheriff under writs of execution, shall also be appli- cable to sales under this act. Date of sale. 114. Sales of immoveables as aforesaid shall take place on the fifteenth day of October in each year, or if such day be not ajuridical day,. then on the following juridical day. The immoveables shall be put up for sale one after the other, in the order in which they appear in the notice ; and, if, on the day of the sale, no bid is made, or if all the properties cannot be sold on the day appointed, the sale shall be postponed until the following day, and so on, from day to day, vintil they be all sold. The proceeds of the sal) of such jn'operties shall be returned by the sheriff into the Superior Court, to be by the said court adjudged upon, distributed and ordered to be paid according to law. Mode of pro fedure. Profci'ds of Dale how di:> po8cd of. City offiiials cannot bid. Wlieu propri- etors are ini- Ivnown. 115. No employee of the corporation shall directly or indirectly bid for, or become the purchaser of any of such immoveables ; and if he shall do so, such bid or ad- judication shall be A'^oid ; and the sheriff shall proceed in due course to re-sell the immoveable, subject to the obliga- tion of the employee to pay any costs, or loss that may be caused by such re-sale. 11|urli Spi'fiiil appro priatioii>. 126. Any member of the council who joins in sanc- tioning the expenditure of any sum of money beyond the amounts so appropriated and the amounts at the dis- posal of the council, or of any committee, in conformity with the foregoing sections, shall be personally respon- sible therefor. 12T. In cases of urgent necessity, the council may by by-law makt.' any appropriation it may think necessary bevond the amounts at its dispo.sa! ; provided that, by suth by-law. an additional lussessmout shall be imposed, l«8t». Cit;/ of MoHlniil. (\ip. 70. :ir> payublc during' the courMt' of the yt'ur in which such by- law is puKscd. 1111(1 Ntifhciont to covj'v the aiiio\int no nppro- priattMl ; which asMcssuu'iit shall be iinpoHcd, vtMovi'veU and collected in the same uiaiuier as the oidimnv taxes and aKHessnients iiupowed and levied in virtue of this act TITLK XFV. COXSOLlDATInN OF THE DEHT. l^WV. OK HKHKNTIKK «TO«K. V2H» The city may issue permanent de})enture .sto(^k,< it.viiin.viK*in) payable eitht'r in currency or sterlinir, to an amount ^'|]',|!j|''"''' not exceeding lil'teen per cent ol'thi' value ol' the iuiniove- able property within its prcMent or luture JiniitH, wuch value to be taken asestabliished. i'roin time to time, by thi» asKeisHment rolls ot'the said city, made and in force for the time being ; such debenture stoc'k to bear interest at a rate not t'xceeding four per i-ent per annum, and to constitute a lirst and privileged «harge upon the property aud revenues of the city ; subject always however U^ the prior charge of the presently existing outstanf(ii>ii til III' I iipiii't. IICIM'd-* rrcnl ilj)- i('(l. 121*. The city in making such issue, from tinu» to tim(^ I'l shall set apart and retain a portion thereof suihcient to ' produce, at the market price of such issue on the London 8to(-k exchange, a (uipital equivalent to the then existing debt. Such portion, or the proceeds thereof, shall be used I'l exclusively for the extinction, by ex(;hangt', redemption. ,,)' purchase or re-payment of the existing del,, and pi^-ma- nent stock respectively, in such manniT as shall be . Piovii-o. Trcnsuror may ^trik^• rati' ai)i)lk' Ml' to i)rty Icrt'pt or )) cipal oT a a- iii- riii ins Form of I titli'att;. litl* Before makiug the said issue, the city council shall make a by-law regulating the manner, and limiting the amounts, in which such issue may be made, the place or places where the interest thereon will be payable, and where such debenture stock may be registered ; the mode and effect of tht* registration thereof and the mode of evidencing such registration ; the transfer or transmission ol such stock and the issue of certificates therefor ; the closing of the registers and transfer books ; and all other matters of detail concerning such debenture stock, not being contrary to law or to the provisions of this act. And such by-law shall constitute the basis of issue of such debenture stock, and shall not be altered or amended, but shall remain in force so long as any of such stock remains outstanding. 133« The bonds and securities of the city, already redeemed by means of the sinking fund heretofore created, shall be forthwith cancelled and destroyed, and it shall not be necessary in future to provide for the redemption of the existing debt of the said city, otherwise than by the issue of debenture stock under the powers hereby conferred upon it. l$l*i> The borrowing powers heretofore granted to the city shall cease upon the passing of this act ; and all pro- visions of any previous acts inconsistent with this act are hereby repealed. But such of the said provisions as may apply to the registration, privilege, ranking and transfer of any stock or bonds of the city now outstanding, shall continue to have force and effect as respects such stock and bonds only. I34> If it happens at any time that the moneys in the hands of the city treasurer, applicable to the payment of the interest or of the principal of any of the loans here- tofore authorized and made, or of any interest due upon any debenture stock issued under this act, is insufficient to pay such interest or principal, it shall be the duty of the treasurer to calculate what rate upon the assessed value of the immoveable property liable to assessment in the city, will, in his opinion, (after making fair allowances for expenses, losses and deficiences in the collection ofsuch rate,) be required to produce a sum sufficient, with the moneys in his hands applicable to the purpose, to pay the sum due for such interest, or principal, or both, and to certify such rate under his hand to the city clerk, for the information of the council (in the form O.) 1889. City of Montreal. Cap. t9. 37 til's. Suoh certificate, shall have the like effect as aEffidof mrIj by-law of the council lawfully imposing the rate therein^''"''"''"'' mentioned, and shall be obeyed and acted upon by all officers of the corporation and by all others ; and the said rate shall be forthwith levied and collected accordingly, and in addition to any other rates lawfully imposed by any by-law of the council. All the provisions of this act respecting the privileses, <>>*«'"> p',!'^'- prescriptions, procedure and remedies applicable to ordi- hie. nary assessments shall apply to the rate herein provided for. liiG. On the issuing of a w^rit of execution, command- ,^,av "'"u'vieo ing the sheriff to levy any sum of money due by the cor- •>y rate. poration for the interest or principal of any loan heretofore made by the city, or for thi» interest on any debenture btock issued under the provisions of this or any previous act, the plaintiff may requiri', and the court may ord*'r, that such execution be levied by rate ; and, if such ord»a-|y\',(y^',![v?..Vnii is made, the sheriff shall cause a copy of such writ to be tnnsuni. serv(Hl upon the city treasurer. If the money therein mentioned, with all the lawful if "u.nVvl'.^' interest and costs, which the sheriff is commanded to levy, ji"' P'H'i '" is not paid within one month, from the time of such service, the sheriff' shall himself calculate, as nearly as may be, what rate upon the assessed value of the immove- able property liable to assessment in the city, will, in his opinion, after making fair allowances for expenses, losses and deficiencies in the collection of such rate, be required to produce a net amount equal to the sum, interest and costs he is commanded to levy. He shall certify such rate under his hand to the city si";iiff i-- 'c> «;lerk for the information of the council, in the manner • and form, mutatis mutandis, prescribed for the certificate of the treasurer in tliL* next preceding sections ; and there- upon such (M^rtificate shall have the same effect, in all re- spects, as the certificate of the treasure: hereinbefore pro- vided for. All th(^ provisions of this a(tt, respecting the levy and ^'[i,'.^,',';,','.'"' "'^ (!ollettion of a rate iinder the certificate of the treasmvr, '' shall apply to the levy and collection of a rate under the certificate of the sheriff. liiinU rate. IJ17. It shall be the duty of the treasurer, assessors, i)iit.\ ..f.ity and other officers of the corporation, to produce to the "'"'"■' "" "' sheriff, on his demand, all assesment-rolls, pap ns :i'id doc- uments requisite for enabling him to fix the rati' her»'in- b 'fore mentioned, and to give him any information or 38 Cap. 19. Cily of MonI real . 52 Vict. ussistiinco which ho may rt-iciuiri' for tlio purposes thereof; and such officers shall, i'or all th») purposes of this and the precedina; section, be deemed officers of the court out of which the writ issued, and amut, peace, welfare, improvement, cleanliness, health and internal economy of the city, and for the pre- servation of order therein ; and for tln^ prevention and suj)pre8sion of all acts and proceediuffs obstructive there- of or disadvantageous thereto ; and without limitiuu' the eflvct and purview of the authority hereby granted, such by-laws may be so made for the followiusr. among other purposes, namely : 52 Vl(!T. s thereof ; this and court out d puuish- failure to Mil rcspec- tho troas- ipply the 1 costs he us, it shall ffeueral ermine to eal, either harbour ts, ramps g or ira- ). of such ' and de- mount to eg'ate, one le issue of nstitutin*^ les of the created to or to be bonds or le pajaWe by such or effect approved thereof to ijood ffor- eanlinoss, r the pre- ition and live there- limitino- granted. iMitii oii the opening of public places of amusement in the city qu ■"'"""*''• that day ; 9. To prohibit the selling by shop keepers, pedlars, saiis. iVc. hotel keepers, tavern kepers or other persons, on Sunday, ^""''"-^ • of goods, wares, merchandise Or intoxicating liquors, or the purchasing or drinking thereof, in any hotel, tavern or place of public entertainment ; and also to enforce the closing of saloons and taverns, from seven o'clock or any hour later on Saturday evening, until Monday morning ; but the council may allow, under .such restrictions as Exception. provided therein, the sale of fruits, cigars, confectionery and temperance drinks on Sunday, as w«'ll in the city and St. Helens' Island Park ; 10. To prohibit games of billiards, pool, mississipi, pi geon-hole, ten pins, bagatelle and other like games, on ^'J.^^'^ Sunday, in establishments, where spirituous liquors are day. sold ; 11. To prohibit the disturbance of any congregation or lieii^jious as- assembly for religious worship, and to prohibit the dis- ^,'H',|.*',iirtnrh tribution of printed hand bills or cir»'ulars at church (d. doors on Sundays ; 12. To license and regulate the iwsting of bills and Hiii |)()hting. placards ; to prohibit the posting or exhibiting of inde- cent or offensive placards, paintings, drawings, statues, or inscriptions, in any street or public place, or in any store or any plator, or in case the proprietor cannot be found, to drain ottsuch stagnant and filthy water, or to fill up and properly level such lot ; 22. To provide, that in case the owner of such lot can- not be found and there be no person in the occupation thereof, and no one to represent the proprietor, or should such proprietor or occupant, or other person in charge thereof, refuse or neglect to fence in, drain, cleanse, fill up or level the same when so directed by the proper ofli- cerofthe council, or be unable for want of means, to fence in, cleanse, drain, fill up or level such lot. it shall be I'.ompetent for the corporation to have the same done, and to provide that the amoiint expended thereon shall be a special charge upon such lot and shall have the same privileges attached to it, and be dealt with and recover- able in the same manner as a special tax thereon ; 23. To compel the proprietor of any lot of land in the city to fence in or enclose the same, and to regulate the height and quality of eA'ery such fence or enclosure ; 24. To prohibit any person from depositing in the city, any filth, dirt or other offensive matter whatsoever, and to compel the removal thereof, >>y the owner or occupart of the premises on which the same may be ; and, in default of his so doing, to authorize the removal or destruction thereof by the proper officer, and to recover the cost of such removal or destruction from the party refusing or neglecting so to do : subject to his right to recover the amount so paid by him from the person making such deposit ; 25. To prohibit the teasing of wool, hair, and other like articles, and the collection of rags ; i6. To prohibit the raising, keeping or f«H'ding of pigs in the city, or in such sections of the city as the council may determine ; 27. To authorize the seizure and confiscation of all or any articles of food and effects offered for sale in the city for or on account of deficiency in measure, weight or quality : 28. To regulate the sale, weight and quality of bread to be sold or exposed lor sale in th(; city, and all things 1889. City of Montreal. Cnp. 79. 48 concerning the inspection of bread, its seizure, and the manner of disposing of the same after such seizure and confiscation ; and to authorize for that purpose, any police officer to enter into bakers' or other shops where bread is sold, and to stop bakers' vehicles in the streets for the purpose of examining and testing the weight of bread ; 29. To regulate the sale, quality and inspection of milk, Milk and to authorize its seizure and confiscation, with the same powers to the police or health officers as are confer- red in the preceding subsection ; 30. To regulate the sale, by weight or otherwise, of allsuUofurticU's articles soM or offered for sale or delivered in the city ; '\vwiiu:ht,tS:c. 31. To regulate junk stores and shops for the sale or Junk stores. purchase of second hand goods or merchandize, and to authorize and regulate the granting of licenses to persons keeping such stores or shops ; 32. To establish and regulate public markets ; to license Market-.. private butchers' or hucksters' stalls ; and to restrain the sale of fresh meats, vegetables, fish and othi>r artii^les usu- ally sold on markets ; 33. To determine the powers and duties of the clerks Murkftdeiks and other officers employed on the public markets ; to reuulate the renting of the stalls and the duties to be paid by persons selling, or exposing for sale on the markets, meat, vegetables, fruits, or any other thing whatever, and also the weighing of meat and any other articles sold or ottered for sale on the markets ; to regulate the sale of Suic c.f horses, and to impose a tax on horses sold or exposed for'""^^"''" sale by horse-dealers in the city ; and to fix the rates to be paid thert'for ; 34. To regulate the character of the vehicles in which v.iiici.s on articles may be exposed for sale on the markets, and the """"'«''<'*• manner in which they shall be located on the markets ; to impose a duty on such vehicles, and to establish the mode in which such duty shall be collected ; 35. To regulate the duties, powers and attributions of in^inctor of tin? inspectors of meat, and to authorize the seizure, con- ""^^"'• liscation and disposal of any meat, or other article of food j'ound to be unwholesome ; 36. To provide that provisions and provender, usuallv Pr..vi*ioii8 to bought and sold in public mark»'ts. that may be brought |;;" ;;j||J.j;'^{^*^ to the city for sale, or any of them, shall be conveyed to the public markets and there exposed ; and that no such provisions or ]>rovender, shall be offered, or exposed for sale, or be sold or purchased elsewhere in the city, than on the publii- markets ; but the council may provide for Prkate stniis. empowering anv person to sell, offer or expose for sale, bevond thelimits of said markets, meat, vegetables and provisions usually bought and sold on pubhc markets, 44 Cap. to. Citi/ of 31(m/re(il. 52 ViCT. IloniiikiitUc C'liuni.'f I if market sitr^. Abnttolri: Public pouiul!'. Doiis. Strt'cts, siiuai'i;* and parks. Emiinil)L'rinfj; streets. Awnin;r8, Wheel fir.-s of wair"i)iis. and lor uraiitiiiii' him a licoiLst' for that purpose, upon payment of such .sum, and thf porformauce of such condi- tions, as shall be iixcd by by-law ; 37. To roffulatc the numnor and route in and by which horned cattle shall be driven in the city, i\nd the d»'sti- nation of tiattle intended for slaughter ; 38. To change, enlarge or diminish the site of any mar- ket or market-place, or to establish any new market or market-placi', or to a])olish any market or nuirket-place now in existence, or hereafter to be in existence in the city, and to api)ropriiite the site thereof, or any part of such site, for any other i)ublic purpose whatever ; 39. To eRta])lish, regulate and administer public abat- toirs, either within or beyond the city limits, that is to say : within a distance ot three miles from such limits ; and to prohibit jnivate slaughter-houses in the city ; 40. To authorize the impounding of any cattle, horse, swine, sheep, or goat, lound running at large in the streets or }>ublic places, and the sale of the same for the fine and expenses ; to fix a tariftof fines to be paid upon such impounding; and to establish pounds for such im- pounding ; 41. To compel owners of dogs to take out a license for each and every dog, annually ; to authorize the destruc- tion of mad, vicious or unlicensed dogs ; to punish every person who shall keep, or have in his possession a vicious dog, which shall bite or attack the passers by, or disturb the rest of the citizens ; 42. To regulate the width of streets, and to establish or alter the level of any roadway, or sidewalk in any street ; to regulate all things concerning the streets, parks, (in- cluding Mount Roval park, 8t. Helen's Island and Logans Farm), squares, bridges or drains, in the city, including the numbering of houses, buildings and fences in such streets, to protect the same from any encroachment or injury ; to close and discontinue any street ; 43. To prevent the encumbering of and encroaching upon the streets and sidewalks ; to prohibit, regulate, or license the sale of any article or merchandise in streets or publi Id St. Hciiii iiml 8tc. Cuiii'- STDlllK'. Slrt't.'l 1111(1 . HO «oon as any such municipality, or any proprietor tlunvin, shall make nse of any such main drain or sewer, the sum to be contributed by the municipality shall be paid by means of a sinking fund ol' two per cent to be paid an- nually by the said municijjality. until the final redemp- tion of the amount of such contribution; such amount, or the portion thereof remaining* unpaid, er cent per annum payable annually ; provided that nothing in this section contained shall aflecl the contracts or agreements existing between the city of Montreal and the towns of St. Ilcnri and Ste, Cunegonde ; 53. To sanction and permit, under such <'«tnditions and restrictions as th(M,'Oun<'il may impose, the tra<'k of any street railway or other railway to be laid in the city ; to regulate the number of passengers to be carried in each car or vehicle used by such street railway ; to regulate the use of loeomotive engines, and of steam, or any other motive power on any railway in the city ; to prescribe and regulate the speed of the cars ; and to im]>ose penalties not to exceed four hundred dollars, upon the company managing any such railway, or any aratus of the fire alarm department ; UoiiioiitiKii of 55. To authorize the demolition of buildings and lircs''""^ "' fine's when deemed necessary in order to arrest the pro- gress of fire ; 56. To compel proprietors of buildings occupied as hotels, theatres, manufactories, schools, places of public em rtainment and such other buildings as the council mav see fit to indicate, to provide the same with effec- tual means of escape ; to cause the same to be inspected, from time to time, by the inspector of buildings ; and to prevent the use thereof until so provided and inspected ; 5t. To regulate the mode to be followed and the ma- terial to be used in the erection or repair of building's, with a view to security against fire and the safety of the oct\ipants, with power to hold the proprietor, builder, or per.'^on in possession of such building responsible for any contravention of such by-laws ; Flri' tU'purl iiii-nt. Fire escapes, Construction of buildings. i 1889. City of Montreal. Cap. 79 47 58. To proscribe and cL'fine tho diitit'H and powers of iii«iJitt.)i(.f th(^ inspoctor of buildingH, and to authorize him and such '•"'''•""«*• other officers as may bo appointed by the council for that purpose, to visit and examine, in the performance ot their duties, as well the interior as the exterior of any hoiiseor building ; 59. To authorize the said inspector to demolish any nu powers. hous(^ or buildiuj? that may endanjrer the lives of the citizens ; and to cause such house or building to be tem- porarily vacated, if he deems it necessary ; and to do and perform such work of repair as he may deem necessary for the safety of the structure, and to authorize the reco- very, from the proprietor, of the cost so incurred ; 60. To regulate the construction, dimensions and height ciiinnicyH. of chimneys; and, in cases where any building is elevated above any adjoining hou.se or building, to authorize the inspector of buildings, or other olhcer, to d(;termine, by whom, at whose cost, in what manner, to what height, and within what delay, th(! chimneys of the less elevated house or building shall be raised so as to continue their efficiency, and so as not to endanger the adjoining or neighboring property ; 61. To regulate the sweeping of chimneys by licensed swcopiny of sweeps, and to establish a tariff of rates therefor ; iiiimneys. 62. To regulate the erection, use or employment ofsunmcnsines steam engines and steam boilers, electric dynamos and' other electric machines, and the qualification of persons charged with the working of the same, their examina- tion and license ; ami lidilcrH. 63. To prohibit, regulate or license the storage oi Petrolenin, \«. petroleum, coal oil, benzine, naphtha andother inflammable'""' "" liquids ; and also of explosive substances in the city ; 64. To prohibit or regulate the sale and use of fire fiic works. works, fire crackers and all other explosive missiles ; 65. To compel all persons who desire to store lumber, XimiKr yurds. timber, firewood, laths or shingles, in the city, or to work, run or use any saw and planing mill, carpenter or joiner's shop, or other building or establishment wherein wood or other combustible materials are kept, to obtain the pre- vious sanction of the council so to do, and of the place where such wood-yards and mills, work-shops or other buildings, or establishments, may be located and used ; 66. To provide for the governing, regulating, arming Poiue force. clothing, lodging and paying of the men and officers of the constabulary force of the city, and for regulating the resi- dence, classification, rank, service, inspection and distru- bution of the force ; 67. To authorize and regulate the granting of licenses cuitcrs. to carters, owners or drivers of vehicles for hire, or to 4S Cap. 7!>. City of Movlreul. .52 Vict owiitTH of v»'hi<'U'H UMiul in llu' rity lor the iK'liv«'ry ol iiuuit, brtnul, milk. i«(', vcut'tubh's. ifroct'iicH, nr any otln'V ffond.s, t'Hi'rts or nicnhandisf, \vht'th«'r.sU(h owners reside in or outside ol' the city ; to provide ior the ifood govern- ment and diseiplineot the drivers of such vehicles for hire; to iix a tariff of the rates they shall he entitled to charire, and to punish persons who use sueh vehiilew and refuse to i)ay the faro us established by a tariff ; t)8. To prevent any person, residing beyond the «nty limits, from carryint*' on his trade or business within the eity, without taking out a license and number foreaeh and every vehich^ used in the city for tlu; purposes of such trade or business ; provided that there be no discrimina- tion against such person ; 69. To regulate the respective duties of masters, appren- tices, servants, domestics, journeymen and laborers ; 70. To regulate [lersons plying as ferrymen to and from the city, and to establish a taritt' of rates to bo charged by such ferrymen ; 71. To regulate the lighting of the city by Ult'ntr to tiiki- lii-i'ii- hl-r* U>V VI hi- fU'i. \\M-i\ ill the city for lUclr tnuli;. MaftiT* Hiul BtTVUIlls. Fcrryiiaii. Liglitlnir. LUiii-'O lOW 8ii|i(.'i'uiniiiii tiou fuiiit. Cuttlnjjofii-e. tlu'ii'fiir. Ah.Sl'Nr^liri'llt roll In such casus. Fiui'.s for iii- fracti(in> I'f liy-law.-. 141. The council may impose by any by-law, for eaih and every infraction of the by-laws above mentioned, either a fine with or without costs, or imprisonment, and if a fine, with or without costs, may provide for imprisonment in default of immediate payment of such fine and costs ; but, except in cases where it is otherwise provided in this act, such fine or imprisonment shall be in the discretion of the recorder's court ; ]>ut so that su(th line shall not exceed forty dollars, and such imprisonment shall not be for a I IHH'J. Cili/ of Monfrt'iil. Cap. 70. 40 loiiiicr p 'jind than two ciili-iMlar months ; tind whovo 8\i('h iui\)ii>^(>n!n»»nt is onU'icd in t* thf lint', it shall immisi' on such paynnMit ; atul wluTt' th(» inlraction cii" any by-law is continnous, such inlVa«'tion durinjf I'ach day shall ronstitute a si^parat*' oH'cnco. 112. The roiim-il, in any by-law, may authori/f any of"Hi«nstal)lt» v:i. by-law, resolution, assessment roll or apportionment ; but the riirht of dt'mandinii: such annulment is prescribed by six months from the date of the passing' or completion of such by-law, resolntion, asse.ssment roll or apportionment ; and after that r thesu]>ply of water furnished from the Montreal water works, to any house or l)uildin*r. or for the use of any person in the city : (4.) Any action for the recovery of waur-'s of servants, apprentices, domestics or journeymen, or of damaffcs aris- iiiir out <)Vthe lease or hire of work, the amount of which .shall ni»t exceed twenty-tive dollars. L«»*i.r» Hiui 1*11. It has comurrent juri.sdi«tion with the Circuit Court, or with any judi>e of the Superior Court, as to mat- ters betwi'eu letisors and lessees, and mav proceed in vir- tue of article M-J4, paraurraphs 1 and -J. ot the Civil Code of StTvunt*' 1889. City of Montreal. Cap. 19. 51 Lower Canada, and of the lej^islative provisions amending the same, in the same manner and with the same formal- ities as the Circuit Court, or any of the judges of the Supe- rior Court, is directed to proceed in and by the Code of Civil Procedure of Lower Canada ; and the recorder's (;ourt has, to that end, all the necessary powers and authority, including that of issuing writs of summons, execution and possession, and to fix and determine the costs to be paid by the losing party, which costs however shall not in- (jlude any attorney's fees ; provided always, that thecom-Provi-o. petence of the recorder's court shall be limited to cases where the consideration or annual value of the property occupied shall not exceed the sum of one hundred dollars, and which shall apply to premises or immoveable estate situate in the city. lfi*2' After judment ordering the eviirtion of the tenant, Wiit ..f p..* in virtue of the next preceding section, the party suing "'"*"""• may, three days after service of such judgment on the tenant, obtain from the recorder's court, a warrant or writ of possession, which shall bi* put into execution by a bailiff ot the Superior or recorder's court, or by a «'on- stable or member of the; police force, each of whom is vest- ed with all necessary authority to that etfect. ism» The recorder's «^ourt may take cognizance of and May ink.' (.n^. determin*' in a summary manner, all offences referred to','.'.f:;'."i"„" "' in artifftiuc8. tutes of the Province of Quebec, in so far as the provisions of these articles are applicable to th«' citv, and article 2782 of the said Revised Statutes applies to the recorder mutatis mutandis. The said court shall also have jurisdiction in ^'il'.Mialty imposed 1, "Yaw.""" in virtue of this act or any by-law of the council, now. or to be hereafter in force, and incurred lor any infraction of th«' provisions of such act or by-law. 1«4. Arti.-les 2, 3. 4. '). 7, 8, 10, 11, 18. 24, 54, Ao, '>7, ;^";' '7;:f ., r.!), 60, 01. 02. 03, 04, 05, 00. 07, 68, 09. 70, 71. 72, 74, 70, i-l ','„•, iiun 77. 79, 80, and the articles from 015 to 631. in.Iusively, of "I'l-'" "'''-■ the Code of Civil Procedure of Lower Canada, as amended l)y subsequent ads, shall apply, mutatis mutamlis. as the «ase may be, to the recorder and the r»'corder's lourt. The delay of summons in the case of seizure })y garnish- Ji'^'^j' ment after judgment is the same as that in ordinary civil actions issued by the recorder's court. ISiH, The recorder's court may be held daily, and as<"i' \vii.n many times as may be necessary each day, aiul it may fix " ' Di'liiy on ttiiin. I', 5l> Clip. 70. Citf/ of Mdufrenl. 52 Vict. Jiiiy tinn' ior thi' hcivviuu' and disposiiio- of any oftViici! punifshahlc upon summary . Th«' Lieuteiuuit-Crovernor may however dismiss him upon a joint address from the Leo-islative Council and Lt'iiislative Assembly. Siiliji Hi" "iiluiy. M;i\ :i|i1i. I«"57» Tln' salary of the recordt'r is three thousand five hunpointment may be revoked and airaiu nn\de by the re<'order, as circumstan<'es may require. liitl. The person so appointed shall, for and durini>the period of lime limiteeriod of time l)e therein limited, th(>n Irom the date of the reu'ist ration as aforesaid until the revocation thereof, possess the Jurisdit-tiim and be vested with all the ri<>hls. powers and i>rivileij'es, and b»* b(»und to com- mittee of the <'ouncil. Provided also tliat the recorder's court shall n«>t at any time be deemed to have been ille- gally hehl. nor shall the acts of any deputy-recorder be 1889. Cilfi of Montreal. Cap. 79. 58 (i»M»med invalid, by reason of the ab.'ionco of the recorder not beinc;' decmi'd to be necessary within the meaning' of tliis aet. 10(K In case of the death of the recordiT. his d«*piity in cuM-of ro- shall act as such until th('U»nitenant -Go v^n-nor appoints his |,"Ji','[j'/' successor in accordance with tln' law ; and, if the recorder dies without havina;' appointed a deputy, then the coun- cil shall appoint one, who will possess tht^jurisdii'tion and be vest»'d with all therij^hts. powers and privilci>;es of the recorder, until one is appointed by the Lieutenant- Governor. Ittl. The clerk of the recorder's court shall be iippoint-< i.ru nf re. ed by the council, during pleasure; he must be a bar-[!||'„'[.',|^ rister of the Province of Quebec, and shall W ex (f/ficio a justi(!e of the peace in and for the district of Montr«'al. He shall be the custodian of the seal of the court. Itt2* The clerk may. with the approval of the recorder l)y Mhv iii)ii()iiit an instrument under his hand, to be a<'Unowledged by him" '•' i"''>- before the riMorder and entered in the register of the court, appoint one lit and propi-r p.-rson, to be juid act as his deputy, and remove any person so appointed, and appoint another in his stead. 10J5. So lonff as he holds office, such deputy shall ful- Hi- i"'"<'i^. fil all thi' duties, and shall be invested with all the powers, imposed or conferred, by this act, on the clerk ot the court. 104. The clerk shall prepare mid make out all the Duti.- ot summonses, orders, writs mid warrants whatsoi'ver, which '''"'^ shall hi' issued ])y the said court. He shall conduct all cast's and suits roornivc.ible by and within tlh' Jurisdiction of th»' .said court, except incases wher«> th«' corporation shall dt.i ..r in a rt'aist(>r, the proce"din«j. had in each cause or «-om-i""""'"'-'- plaint broimht in the court. MMi. In the ev»'nt of th" iii- re (■IT I'roeei ai;aiiis sons ii iiii;- Iiv lure t jH-r- ifrinv:- laws. Delay I.e- t ween serviee of writ and day of return and pniee- dure tliereaf- Usr. IttO* In cases tried for drunkenness, or where a person is arrested on vi«^w by a police officer or constable for an offence against the law, as contained in the said articles 2783 to 2798, both inclusive, of the Revised Statutes of the Province of Quebec, or of this a<*t, or of any by- law of the council, it is not necessary that the com- plaint be reduced to writing ; but a verbal complaint, under oath, made before the recorder's court by the constaf)le who has arrested such person, shall be deemed a sufficient complaint ; if sufendant, either by writ as aforesaid, or by warrant of apprehension issued by the ret;order, upon affidavit taken fjefore him, if the same is deemed more advisable for the iittainment of justi«'.e. 171. In any civil action in the said court, there shall bean interval of at least two cli>ar days between the service of the writ of summons and the day of its return into court ; if th«' person so summoned does not appear, proceed- 1889. City of Montrenl. Cap. 79. 55 ings by default may be taken against him, and upon proof made, even by the oath of the plaintiff alone, the court shall render judgment accordingly with costs; if he appears, he must plead to such action within twenty- four hours and his plea shall be entered or filed, and proof shall be adduced by the parties, and Judgment finally rendered in the case, in accordance with law and Justice, with ntered with costs. 172. The court may grant a delay of not mov*- than d.ihv him.h two months to any d('f*aidant who <;o]ifess('s Judgni(Mit'||^',\^,''i"i^.'^^^^^^ after the return of the action brought against him. 173. In all prosecutions instituted before the re- u.viMd siu. corder's court, other than civil at.'tions, the provisions of|i'a'"H,',',p|,.'r''' the act, chapter 178 of the Kc^'iscd Statutes of Canada, irA.uiJi.iUnhiu respecting summary proceedings bdore Justices of the J.',', ^7- 7. "" peace, shall apply to the recorder's court and to the re- corder, as regards th*^ mode of pro<'»M'ding on such prose- <*utions to final conviction or to the final Judgment or order, the execution and carryinu: out of such conviction, judgment or order, and generally as to all rules imposed upon such Justices i'or su(;h obJ«'cts, in so fur as they are not inconsistent with the provisions of this act, and where no express provision is made in relation to the same ; the several forms thenuu contaimul may be varied in so far as it may be necessary to rendtn* them applicable to the said court. 174. The recorder's court has power to <'ompel wit-"^m'iiii..niii;r nesses to appear in any action, prosecution, or complaint"'"""'^''" pending before it, and to answer all legal questions put to them in the same manner as in the ordinary courts of civil Jurisdiction in this Province. I7f5. The said court has the power of coercive impri-ccnivi' im. sonment mentioned in articles 781 and 782 of the Code of »"^'^"""'*"'^- Civil Procedure. 170. In any civil action, the recorder's court shall, as KTWiuce. regards the admissibility of oral testimony, and the com- petency and the number of witnesses, lollow the rules prescribed in that respect by the law in relation to civil matters, subject however to the following provisions. 177. In any civil action or pro(!eeding. or in any pro- Who may b« secution or complaint for any olfence committed against « '""'■'^'•'' any by-law or against the provisions ol any of the acts n 56 Cap. 79. City of Mont mil. ^)2 Vict. One wltncKS HUtliclt'llt ill 801111! fiiscs. licroiulx'Ibre citod, any nuMubcv ol (he council, or any olliitr or sorvanr of the corporation, shall be a conipctcnt Avitncss; jirovidt'd he has no direct interest in the result of the action, ]>rosecution or «<)m])laint. or is not incom- petent I'roni any other «ause. 17H, Any tax, assessment, or water rate due to the city, or any penalty or line \vhi'lce. IMSS. Every such bailiff, the bearer of a writ of sum- mons, or writ of execution, or of any other writ issued by the said e proved (;e oliicer. Tvices ol f the said court requiring to be .served, may be proved in the same manner. 1H4. The execution of any judjjment rendered in any i;\,,utiui». «ivil action, as ahovo nir(>res-rf /'Art/ of such si'izure, he shall hand over the writ issued by the recorder's court to the sheriff of the district, or to the bailiff who shall have made tht' seizure, as the (rase may be. 1«7. The delivery of such writ of execution shall i*:!!.!! ..f do. have the effect of an o])posiiion afin tie ronstrver, and shall ''^'"''^ "^ "'^'^" be sulficieut to secure to the city, by privilege, (in cases in which such privilege exists,) the payment of the sum due, including princiinil, interest and costs. IHH* The recorder's court may issue writs of misie arrit s„!.w ,„ni. after judgment, in the same manner as the ordinary courts of civil jurisdiction, and shall follow in relation thereto the rules and procedure prescribed in sutih courts as regards the issuing of the writ, the return and judgment in matters oi' saisie arret. ]HO> The recovery of all fines adjiulged by the recor- r.ihvuv of der's court is proceeded with, in pursuance of the by-law ""''' imposing such line, by writ oi' snisie exinition against the goods and chattels of the defendant, or by the imprisou- m«nit of the defendant, as the case may be. aiul such writ and warrant are issued in the manner above stated. 68 Cap. 79. City of Montreal 52 Vict. Alt 111- lp.v-liiw net'il luil I'l' titid. lOO. Ill any .suit, action or piost'cution brought by the corporation, in th«' recordrr's court, it is not iiecesHary to Bpecif'y or ro«ite the at't or by-law under which such suit, action or prosecution is brought; but it is sufficient to state that it is in virtue of the act or by-law in that behalf made. Turiff iif fits Law shiiiiiif t(, l„ :;:V-,,.,1 ill ccrtiiiii niM'*. Ittl'^The council may make and settle a taritf of the fees which may be exacted by the clerk and bailifis, in all cases and suits coffiii/able ])y and within the jurisdiction ol the recorders court, and change the same, from time to time ; })ut neither the said taritf, nor any of the ch&ng^^ made therein, shall have for(u> and effect until they shall be approved by th<' Lieutenant-Governor in council 111H2. It is not lu'cessary to affix any law stamps to thi' summonses, writs, warrants or other doii whcreof fine or imprisonment is imposed by any i>j-ittw>. of its by-laws, may proceed against the delinquent, either by summons or by warrant issued upon affidavit taken before the recorder, as may be thought more advisable for the attainment of justice. Piiniftliiiiiiit of offi'iu'cs. Fiui'c liiiw ri' C'lVlTl'll. ilttS. All fines imposed by this act. or by the provisions of any by-law of the council, are recoverable before the recorder's court, with costs ; and in default of immediate payment of the said fin*' and costs, the party, against whom judgment shall have been rendered, shall be imprisoned for a period not exceeding two months, unless such fine and costs be paid before the expiration of such term of imprisonment. If offcntiii Im- IIMI. In all cases in which a fine has been incurred by "*""'""'""'' a rorporation, association, or society recognized by law, su< h line and costs may be levied by the seizure and sale of the goods and effec^ts of the said corporation, association, or society, in virtue of a writ of execution issued from the said court ; and proceedings shall b*' had upon the ■a 1889. CUfi of Montrml. Cap. 7H. Ot^ said writ in the maniior prescn-ibcd for sfixuro and t'X«»cu- tion in civil matters. 107. Any joint owner or otuaipicr of any lot, house, Lij.i.iiitynf building or other immoveable in the city, complained of for i"i"t owm i*. violation of any by-law of the council, bearing upon such joint owner or occupier, or upon the said lot, house, build- ing or other immoveable in any manner whatsoever, by reason of any nuisance committed thereon, or any other offence, may be sued alone, or idnjointly with his co- owners or co-occupiers, in th»' recorder's court, as may be deemed advisable, as also any agent of the said joint owner or occupier ; and in the suit to be instituted, it is sufficient to mention the name of such joint owner, or occupier, or of such agent, with the addition of the words '* and others, " and the oral testimony of such ownership and occupancy, whether sole or joint, or of such agency, is sufficient. 19H» All actions taken by the c>i>. 6() Cap, 7!». Cilif of Montmil. 52 ViOT. CtTtlllll illlf AllU'lllllIM lltif frr(ir> in -iiiii nii>M<. Dt'l'itfil ill lMfl» i)f HlliHI, JIOI. In imy action, prorrt'dinjr or complaint hy the corporation, it in not ncccssiiry toall«»^:»' orto provcthat the fornialiticM required for the paNsint^ of a hy-hi\v have been observed, nor that nxwh by-law han been transmitted to the Lieutenant-dovernor. but the fact that such formali- ties have been obnorved is preMumed. until proof to the contrary be hhown. t805. In all caseH where, in any action or HummouN in civil or penal matters, there is variant^e betwet'u the alle- jialion and the proof relating to th** christian or surname, the ocoujiation, description, or residence of any party mentioned in such aition or summons, or to any other fad alleged in HXU'h action or summons, the said court may at any time, before, during, or after the etiquife, or before judgment, upon the request to that effect made l)y an interested party, dire«t the amendinu; of such action or summons, if necessary, and allow the adversi' party a sufficient delay to prepare a deU'iice to the action or sum- mons .so amended, il the party require it for the ends of justice. *20H» In cases o{ misie-arril issued in the hands of the cori)oration, it shall be lawful for the city treasurer to deposit in the office of the court from when«*«' such saine- anel has issued, the sum of nmney which he may have in hand belonging or owing t<» the defendant, that the said sum may be paid to whom it may appi'rtain, as the court may order. TITLE XVII. STREETS AND HKHIWAYS. I'lmi wlic'ii I'liiitlrnicd t be liiudinii upon nil in llTll'cl, 207. livery plan or map of a ward, already made or which may hereafter be made, when confirmed by the Superior Court, shall be Vending upon the corporation, and the proprietors therein interested, and upon all other persons whomsoever ; and no indemnity or damage shall bt' claimed or granted at the time of the opening of any of th»' new streets, public places or squares, shewn on the said plan, or at the time of the widening of any ol the streets, public placi's, or squares indicated on the .said plan, for any building or improvement whatsoever that the proprietors or other persons whomsoever may have made, or caused to be made, after the confirmation of the said plan, upon any land or property, reserved either tor new streets, public places, or square's, or for the widening of any of the stre«'ts. [lublic places, or squares of the city ; mam 21 or w est a I. 1>. Cilil o/' MoiitmU. Cup. 7l>. 61 TrovhU'tl ihal nothinii- rontaincd in thi.s lut shiiU bo i'n.vi«... roiiHtrui'tl us dt'priviny ih»' rorpuratioii of th»^ right of witlfiiiny- or fxti'iidiny; any of the Ntio^'ts, public pluortB. ov Kquuifs (lt'signut«'(l in miuH plan, after its roufirinutiou or of abanon the petition of the rporation. <)rder that the du- plicates of suid plan, deposited us hereiuaftcr provided, b" modilied or altered accordingly. 20M. A duplicate of each of the said plans shall be [.i,„nvii,Mv,u. d'posited, immediately aft»'r its completion, in tho office of i*"^"'*'- '. I he prothonotary of the Superior Court, and another in the archives of the corporation ; and, when such plan shall have been «oulirmed and ratili»»d by the said court, the city clerk shall make an entry upon the duplicate of the said plan, dt'posited in the archives of the city, in the foil(»winir words: " confirmed by the Superior Court on rh" day of one thousand 'JOll* The city may open to the public any Jiew street. Power to. i[u» hiufhway. public place, or square, shewn on the said plans ",",.','.,.*"*'^J. ov maps: and also may widen anv of the stret^ts, public places or s([uares th«'reon indicated as to be widened, after having adopted, however, the I'ormalities and pro- cedure hereinafter presi^ribed relative to the mode of expropriation and the levying of special assessments ; and may also op»«'.i, extendor widen any street, public highway. pla«'e or sqiuire, or acquire property for the establishment of markets, police stations, or for any other municipal l)urpose ; and may also, at the same time, determine that such improvements shall be made out of the city funds, or that the cost thei'cof shall be assessed, in whole or in part, upon the immoveables belonging to parties interested in, and benefited by suih improvement ; and for that purpose the city may acquire, take aitd enter upon any land, ground or immoveable property in the city, in the manner hereinafter provided. tJlO. The city may also open, fix the grade and level, '*"'"i'''^*'>t or widen streets or highways and extend the same, andy";,'",riity n- establish public abattoirs, parks, squares or hospitals, '""* fi2 Cap. 79. Cilff of Mom t mil. 52 Vui. Roi'onI of ulri'i'tH, « liuiiu;t'i> in 1U1IIII"* of •.Irtirts to Ik- ri'|Hirtc(l. Wyond tho «'ity limitH. and iiiuy nrqiiirt' any land r»'C|uircd for any of th«> Haid pur|)OH«'M, in th«> haiu«' niaii- ncr, and by following tht* sani<' t'ornialitifH as th«M>' pn»Hcrib«'d in and by tnis art for th«' arauiNitiou ol' land lor Himilar iniprovementM in th^ city ; but. b«dV»rt' «*x«'i- rining any ut' th«' pow^'rn ronl'rrn'd upon it by this hit- tion, thr «'ity shall obtain th«' louMcnt ol" the munit-ipul- ity within th«' liinitH of whirh siu'h powers an- to In- »'Xt»rci8*'d. !lll« Th«» «'ity may <*au8t» such of th»' str«M'ts. Uwu's. highwayH and public stiuareH, or any part th«*r('ot'. a><> have btM-n acquin-d by tn«« rity, or oi>**n for jmblii' use for ton years, and not ht'r»»tofor»» recorded or HutKci<*ntly dcs«!ribed, to be described and recorded in a book or re- gister to be kept for that purpose by the «'ity surveyor; and the sanu'. when so eutered of record, shall be deemed to be public highways or grounds ; and an extract from such record or register, certified by the city surveyor and city clerk, shall, in all cases, be held and taken as con- clusive evidence thereof. JMJI« If any change be made by the counc'l in the name of any street or public square, the «'ity surveyor shall report such change without delay to the registrar of both divisions of the city. TITLE XVIII. EXPROPRIATION. m.kU- iif pill illvi* If any immoveable property is requiri'd for au/ KMjiire. improvement authorized to be made under the provision!^ hereof, the same may be acquired by agre«'ment ; but if such property is not so acqui'-ed, and after, or without any step, or proceeding being taken towards such acqui- sition by agreement, the same may be acquired by expro- priation, and th«' price or compensation therefor Hxeil and determined in the following manner, namely : ivtition and 1. The city, by its attorney, shall give special notice, "nintmt-nio'} addressed through the post office, to the person in who.-..' < .Muniission. name the property to be expropriated was lastly assessed on the assessment roll, as proprietor thereof, at his actunl or last known domicile, and shall also give public notio* to the eli'ect that, on the day and hour mentioned in suth notice, a petition will be presented on its behalf, to the Superior Court, in term, or to any judge thereof in vaca- tion, including ihe months of July and August, prayiuu* the said court or judge, to choose and nominate thr e l'!'*^!». Cily oj Muntititl. Cup. 7U. foiiip 'tt'iit ami disint ri'Ktfd pTsoiiN. (|uiiliiiiMl us litTciii- uit<'V |>v<>vii>, t«» lix uikI dctcr- lanw thf pri«-»' or romp 'iiMitidii lo he nllowfil lor fvcrv hU, whirh shall Ix' Iftrnlly point three ionnnissioners ([ualified ttH|^'';' |'] oli- atoresaid. and Hx the day on which such commissioners shall bi'ji'in ojierations. and also the day on which they shall make th ir rep<»rt ; but such times, respectiyely, may ))e cxtcny impose«l \ipon liim. shall b • summarily condemn('nl; 4. II", at any time alter his appointment, any ol'lhe com- ivnuiiy in missioners Tails in the p'rlornuime of the duties assigned to him. or does not lullil such duties iti a raithi'ul dilij^ent nd impartial manner ! r»liail b' lawlul lor the city, by (-ic)f(lcrt'lic« tiiiii of ilidv. to tl 11^ Mip. b.', t o liny iiil.'->i«ni .r iNatto'si'v, \ » i,»piy. by summary petition, rittr (' till. (c«»edini»:s, and to remove ami replace the com- missioner win ,o misconducts himself: and upon su-h p 'tition. th" court, or judj^e. may issu ' such order as may b ' d"emed conformable t(» justice ; ■) In case any of the commissioners dies or is dis(iuali- '' Ji 'd or unable to at. the said court, or one ol the )uajres,)„,„i,i,iu., there(»f. as the case may be. shall, up(»n a summary petition*' to that etiect. to b' presented ]>y the city, after two clear d.iys' notice, to b,' established to the satisfaction iede(»'s>or : 64 Cnp. 70. Citf/ of Mnnfreni. .'ni Vkt. I'Ihii xf iiii in'OVrllHlll- fi'B ill til' DMiirll. Th.ir i>.i\vi ■ anil rriiiiiiii nitiiiii. (.'■iniini-«itiii rr« tn lUiitIr tlri"! Willi iiri' liini'litril. 0. Iminodi.»l«'ly iil't*-!' tin* appoiiitnioiit ol tht* r(»inmi>- sioiuTs, it sh.ill h«' the duty ()rth<'cily sui\«'yoi- to lunii^h tht'iTi with 11 plan or luap show iiijj; the propos«'d iini)rovi- iiu'iit. ah also the inmu»v»'ahlcs \o In- fxpropriat«'d ; 7. Th«' rommissioiH'is. bi'lon- pnxMM'diim, shall Im'swoiu iM'tor*' lh»' prothoiiotaiy ol lh<' Superior ('«>uit (in th«' loriu D and they shall Im- v«'sl»'d. with reuan'd to the valuatiun ol" projx'vty only, with the sann' pow'«'rs. ajid fntrustcd with the sanu' diitics. as uv • ronli'Vicjl hy th«' laws in Torre in this Province Upon exix'rts in rt'lercnre to appraiM- nients ; and are entitled to receive a remuneration not exceeding I'our - the w hole time they are ol necessity occnpi»'y determinin«f who are the parties henelited. and to lie s|)ecially assessed tor the purpose ol'the proposed improve- ment : they shall thaw uji a n'port thereof and lii^e puhlii- notice olthe saiiK', in whi. The parties, so noiiiled. w'h(» desire to op]>Ohe the imi>rovement nniy do so. hy a declaration to that eHei t. to lie signed hy such parties ojtposinii'. inid to he liled in the hands ol the city clerk, within ten roce» di nils in expro[)rialion shall ;//.s(» / not a IM>b' t o expropri;.! lolls for improvements as hiid irenll the deci he print Tl or CO ings < iiUlK time Th wit IK I omi VlH-f part meet] delih I'.. I ontH of op prov have theni issn. C»7// (»/■ MoHliniL Ciil). 75>. «U»wii «m th«' ^I'lM'ial pluii<>ith<'tity, wlnii such iinprovc- iin'iitH only »H't'«l iu*\v or projt'cliMl stircls. us lixt'il and (It'tormint'd upon siuh f?«'n«'nil plan, and not aln'ady in actual possession of the city, at the tinjc such plan \vas homologated and eonlivnietj l»y the ctnirt. a«coiding to the provisicnis oi' the a«'t ii7 Vi! ; provided that nothing; herein contained shall he construed as ati'ecting the rijfht or<.p\)o»iti')n that now exists as regards the widening: or extension oi'old streets, \vhi«'h shall remain in lull lorce with reiLjard to such old streets, except in the t ase providi'd lor hy section 221 ; 12. lithe portion of any immovenhle, not reouired tor wh, n i.-^ any improv«>ment, shall have a deitth not exeeedinu; fort v ','"'." '^'"l*,. tect, the party exjiroprnite*! nniy jrive notne in wninii^' t<» the ;ity «lerk. ])eU)re the clay fixed for the commission- ers to p.o -e*'*! to the valuation, that he desires to have Muh residue also expropriated ; anriated to yive them commu-'J,'i,','i «'iii,"'' itication <>f his title deeds ; and, upon his failinu- to comply ''<<< 'i" •!-■■ with sut^h demand, the conunissioners are aulhori/ed to procure such copies at the cost of siich i)arty ; and the amount of such costs shall !>•' deducted frtim the compen- sation to he awarded t«> him : 14. It shall l)e the duty of the commissioners to dili- M'i"'i"« trently proceed to appraise and determine the amount o|j',|.','"|.,".,',',,',' the price, iiulemnity or compensati«in which thev shall "'H' 'lii' lo"''' he expropriated ; or lor the «lanuii»«'s caused hy such ex[)n»- priation ; The sam«» commissioners nuiy als«» determine the price smum ...jn- cr compensati(m of all the immov«'ahles, inchuliny Imild- [I],',7 '.'.'"fHr inns thereon, re(|uired for an V iini>rovements which theiii inmn.v. council may have ordered to he made at one anl form part ttf the report to he made hy the commissioners. The m,. lim;. meetings ol the commissiomM's. cxcei>i for the |)urpos" of '""'"' (Icliheration. shall )>e open to the piihlic ; l'>. II. in the discharge of the duties devolxinu on '•'•'','^'J !'."",,!.'' commissioners hy virtue of this a«t. there occur a dill'crence „„.,j ,„„|,„. of opinion hetween them upon any (|uesti(»n within their"* i"i"ir iiill eidoriil ("oiniui'^i'in «.Ti> III rr|iiirl itiihiiiiit (if iiijmiM.i ij} 111 ,.v,.iy raso, vvhtTiMhi' foiinfil r«*8olvt»M to execute tiui of propn any ol'the vvork8 or improvemeiitK aloresaid, at the city » '■ * ' expense «»x, so awarded, and, in the other ease, he shall only receive the difference betw«'en the intrinsic value of the part of the pr()i)erty required and sueh in- creased value ; IT So soon as the commissioners have completed the pnnccdinjjcs rclatiiiu to the appraisement and determined HpinHi-'inini. jii,, price or compensation for the immoveables to bi'expro- priated, they shall make and siirn a report of their ap- praiisement antl di'posit the same in the ofKce of the city clerk, who shall I'orthwith yive i)ul>li<- noticu thereof, and of the day on which .such report will bi' submitted to the Superior Court. <»r t(» one of the judtres thereof, as the cjise may be. lor nomoloyaiion ; whi«'h day shall b- at least ten days subscijuent to the lirst publication of such iu)tice : IS. On the day specilied in such n(>tice, the city shall submit to thi' Superior Court, or to one of the judjjfes thereof, respectively, the report containiiiir the appraise- ment of the commissioners, for conllnnation and homoio- jratioM : and such court <.r |iulife. as the case may b*. upiin bejiiy Nutislied that the pr(»ce»Mlint«s and fc»rmalitie^ hereinbefore |)ro\ ided have bi en observed, shall confirm and homologate the rep(»rl ; and such order thereon shall be final as reuards all parlies interested, and shall not be subject It) any appeal Cilv limy II. till* hi all «iises where, upon the proiected (tpeninir ^f ovtr 1111(1 any .street. s<|uare. marki-t-plai e, or other jiulilit" place, or kIm.v. |.iiri ill,, projcted extt'iisioii or witleuius;: of such street . siltUire, iiiipr.pv. 111. 111. market place, or oilier punlic place, or the proj»»cted i!c(juisilion (»r extension of a site for any public buildinu. the council deem it advanlimeous to aciiuirea lartrer tract of land than is re III . .llllllllH.l. til iia\ I aiKll ablel J» 'uJ aloi'l reji'i th- (liMi ablJ gUuf tec.J iiiiM ih^'i I 18S9. t'ilfi of MoHlreiil. Cap- 7''^- G7 mor«' than oii»' hundred fret from the proj.Mti'd Hue of such improvement, the city may also expropriate the r.'mainder of suc^h jiroperty ; and sueh «'xteut of property may be taken on one or both sides of sur-h street, square. market-phu;e, or site, in case the proposed improvement applies to both sides thereof. !ilfl« In t;ase the «;ounril has determined to open, N" imi. umity \viden or extend any street. public plaropriate any property therefor, and has given and posted notice of such expropriation, as provided in sub- section 1 of section 213, no indemnity or damage shall })e allowed for any buildiuir. structure or. improvement made thereon after su<.it, tion and Jjomologation ot the report ot the counnis- 1,,,;,^. sinners, the city shall i)sit. in the hands of the protho- notary ol' the Superior ('ourt. the amount of tlie \n'wv or comi)ensation and damaires settled and detennined in and bv the saiersons interested in. such ininioveal>le pro- ]>i'rty shall be diveste«l iA' all riirhts or claims thereto, and the city shall be vested with such immoveables, ajid may ol right auiivile<»es ami cut uiiibiiin.'es what>oe\er w ith which such ininiove- ahies uiav ln' chargeation deposited in the hands «»f the proth<^iiolary. as aloiesaid. shall l»e held to represent >u< h iinmovealdes as regards such uiort<»aires. privile«res and en( umhrances. the rank antrihuiion to he ma under substituti<.nsor '''us-||;-,i;|";;i';|^''|> te.s. who are M'ized or j Mo.se.s.sed of. <»r interested in any Mil lu lilt immoveable. >ubject to expropriatit»n. may (not only for'''> th-'mselves. but ibr and on behalf of the person • whom 68 ('ai>. 70. CUff of Monhrnl. 52 VlCT. Pr.ivi-it. ni'triliuliuii of nidiHN^. Pi'oviio>. th«*y Tt'pivsont, or foi whom or in trust lor whom ihi^y are !s«'i>!('d, possesst'd or intt*n'st»'cl. wh»'th<'r minors, issuf uii l)orii, lunatics, idiots, femes roreri or other pi-rsons) coii- triift for, s«'ll and couvt'y such immoveable to th • city ; and such contracts, sah's and conveyances shall h ' valid and effectual in law. to all intents and purposes whatso- ever ; and all corporations and pi'rsons whatso-ver, con- traclinjL»\ selling" or conveyinj*' as ai'oresaid. are jier.'hy in- demnilied lor and in respect orsu«-h sale or cession which they shall respectively make, without however dininish- iu'j-, in an} manner whatever. th«' responsihility of such torporations and personj* towards those whom they repre- sent, as regards the punhase money or compMisation of siU'h sales or conveyan<-es. liut, in suselt' from all further re8ponsi})ility. in respect ol such price, by payini? the same into the hands ol" the ))rothonolHry ol' the Superior Court tor the benelit of whom it mny con«-ern. SSllI* AVhen the money is deposited in the hands of the prothonotary as aforesaid, the Superior Court, or iiny of the judj^^es thereof, durin«>' the va. as m.iy b ' deemed advisable and Just as r»'i«ards the delivery or distribution ol' the money, or any other matter in conii' • tion with the claims or demands ol'tlie parlies interested : l>rovided always, that when the price or compensation and danuiii'v's are paid, in whob' or in part, to the expro- priated part y himself the amount so paid shall not I)* subject to the tax impos 'd by and in virtu • ol'the ai-t 12 Victoria, cluipter 112. (S"e RcvisMl Statut 's of th' Province ol (Quebec, articles 2740. 27-') I and 27.'>.'>,) nor to the commission which the prothonotary ol' the Sup '• rior Court is entitled to receivi', nor to any oth 'r tax or «;ommission. If however, the amount ol'indemnitv does not exceed one hunrescribed shall be disp 'Used with, and sU'h amount shall 1) ' deliver«'d forthwith by the prothonotary to the expropriated party. wai wu th. })la« i)ui cit; ere wii l)ai< tioi pui ol sha ''xp 220* The prothonotary of the Superior Court shall efiitiitniiiiiiiv r. 4. \v., .Ill remit to the Ireasurer ol the rrovun^e ol (Quebec all mte- imi 18HI>. Cilff of Monh-fiil. Ciip. 79. m rest and ivvonuos urisiiio; IVom the |k-ih». vote of a nnijority of its members. d«'termines toeiirry out;.||^|.'^"""'" ;in improvement and to contribute, from the eity funds, to an extent not to exceed oiie-thirdof the -ost thereof, the right of opposition, conferred in and by subsections !> and 10 of section 218 upon tlie proprietors benelited, shall be suspended, in so far as it relates to such improvement ; provided, however, that tln» council, before adopt in «!• any sut;h resolution, shall a'ive ten days' notice thereof, in at least two Knglish and two I'rench uewspnpers published in the eity. 2St2« An expropriation shall take place every llve'.^uiii.iiicnnini years, to be reckoned from the end of the year 188rj, or at ".^i""'"'" such other period as the council shall lix by by-law. from time to time, of the immoveable proi)erty or portions there- of belo^lJrin^■ to projirietors who, after the homologation (if the •••eneral plan of the city or of the; i)lan of any of the wards thereof, respectively, have erected permanent build- ings upon the new line laid down upon such general plan in any stret't or j)ublic s(juare or place optMied or widi'iied ac«"ordin<>' to the said plan, and lying between The new and (dd lines ol" such street, public ,v«juare or l»la«'e : unless such proprietors sliiill ])r()tluce. alter such building shall have been erected, a certificate from the city surveyor to the ell'ect that such buildinus have been erected a«'cording to the new line; providi'd thai the whole cost of all such imiirovements shall be borne and paid by the proprietors benefited thereby. 2!2:<. The proc<'dure t(» be followed for such t'Xi)ropria- ^'•''''' ;'f i-''' tion, for the appointment of cninnnssi(»ners for the" purposes thi'rco^'. for the assessment and ;;pportionment ofthe«-ost f hereof, and for all matters incidental thereto, shall he th*^ same as I hat herein ])rcscribc(| lor ordinary expropriations, save and except as hereinafter provided. t2!24« So soon as the report of the commissioners ap- .x-M.^nmt u. pointed to fix and determine jjeriodically, under the tv/o '" '"'"''' next precedinu- sections, the price or compensation for the immoveable projx'rty to be exproiu'ialed. as aforesaid, is 70 Ctt]). m Cilif of Mtmlmil. 52 VlCT. Dc|>(.»li. \ rtii not Ik a|'|il\. < 'tTlaiii |iri Vi"ii>ll.« |l|i |ill<'iililt' til ■ ■luiiii^ fur 'iHIIIHL't'c. ronfirinrd and nitilird by th«' Sup«»riorCourt. or by onooF thr judir«*s th»'r»'()l', as th«' taut' may be, in arcordanci' with this act, tht' coinniissiontTH Hhall assess and apportion, in such niunucr as to thcni may appear most ivasoualdc and just, th»' total cost olthc improvement upon all the im- moveable propi'rty situated in. or lacing on both sides of the str«'et, public stpiare or plat^e in which the improve- ment is made, or upon such portion of such street, square or place as the connnissioners shall have dotermined to })e benefited by the improvement ; and they whall, for that purpose, bnse such assessment and api)ortionmenl upon the value of siu;h immoveable property, irrespective of buildings th* reon erected; which assessment shall th»'reui)on become due and payable by the parties affect- ed thereby. 225* Within tucnty day.s after such assessment and a]>portionment is made, r«'vised and completed as afore- said, the i-ity shall deposit, in the hands of the j)rothono- tary of the Superior Courl. lhei)rice or indemnity deter- mined by tlu' c(»minissioners for ca«h and everv immove- able expropriated, after deductini"' therefrom the amount charijfcd in such assessment and apportionment to each of the proprietors expropriated; and the i)rothonotary shall tfrant a written arknowlediiuient to the . 220* The riirht of veto, conferred upon the parties be- nefited l>y the improvement under sul)sections !hind 10 of section 21fi. shall not apply to expropriations made in virtue of tin* four next pri'cedins^ sections. 227> The provisions contained in se«ti()n 'J18, with reuard to the apjxiintmeiit of commissioners and the niodi> ol ascertainin*!: the value of immoveabh's taken by the city. Jipply to cases in which it l)econies necessary t<» ascertain the amount of (ujmpensai ion to be paid by the city, for any dnmajj-e caused by reason o| any alteration in the level ol .my sidewalk, or by reason of any other act ot the corporation for which they are bound to make city and the claimant are unable to ajQ'ree as to the amount of su(;h compensation. And the amount ol'such rompensation, when determined upon, shall bi' forthwith pjiijl by the citv to the ( laimant , provided always that any person who erects hmv buiM- inj^ whatever n;ioii any established or contemplated street, public jdace. or square in therity. without haviny previously (»btained fiom the citv survevor the le\ei of I VllT. OIU' ol' «' with ion, ill >1(> Hllli n' i ni- di's oi" provH- Hquarc nod to 111], for >nnien[ MM live 8hHll iitfp » l)y thf I'Hsary t<» d hy thr ration in icr art ot ikt' coin- '«' iinahlt> >n. And i«>d upon, lainiant , ly l>uild- '■niplatiMl it haviim U'Vt'i of 1889. CV/// of Moutrml. Cap. 70. 71 the 8id»»walk of such street, public place or square, and without conforminjf himself to such level, shall have no claim for oompeuNation for damaffes caused by any sub.s«'- quent chan|^(> of IfVel in such sidewalk. TITLE XIX. SPECIAL AH8K8SMENTS SI3M. So soon as the report of the commissioners isi.iiiiini»Hii>i)- coufirmed and ratilied by the court, or by one of the '^'^'* '",*'?''."'''• judges thereof, as the case may be, conformably to sub- Iju-.i." ""*' section 18of section 218, in all cases where the council may have ordered, in conformity with section 209, that the cost of the said works or improvements be borne, in whole or in part, by the prrtprietors benefited thereby, it shall be the duty of the commissioners to determine the proportion in which the proprietors of different localities, within the boundaries previously fixed, shall be respectively assessed ; and to assess and apportion, in such manner as to them may appear most reasonable and just, the compensation accorded by them for the land taken, and the costs and expenses incurred in and about such expropriation, in whole or in part, conform ibly to the resolution of the council, upon all the immoveable properties declared to be }>eneHted by such improvement, and t.omprised within such boundaries. The cnmmiusioners, for the purposes of such assessnu'iit, BuHUof shall jvdopt the valuation of such immovealde pi«>perty,""" "' irrespective of building's thereon erected ; takin<^ into account the benefit to In-! derived IVoin the improvement, in the proportions so determined by the commissioners. 2I2II* The commissioners shall thereupon make a roll i<<>ii.>rtiHKp»«. t>f assessment and deposit the same, duly «;ertified. in the["|j|{' '" '"' city clerk'.s oHi('e, for ihe examination and inspe»'tion of all pnrties interested ; they shall a^ive public notice N"tii<; i<> in- ihcreof, to thi' effect that ihey have comph'ted such roll"'*'" of assessment and that the same has been dejiosited in the city portionment or assessment in the manner hereinbefore specified. ii(...(in..\ atW. llie mode prescribed m the precedinii" section.^ leiidtd to ... 1 !• 1 iL i diihiior iiii- lor expropriations, and lor levying the assessnu'iits consc- provinuiii«. qxi,.),t thereon, shall have lone and ellect. and shall apply, not only as regards works or improvements which the council may hereafter order to be carried out, but also with respect to any work or improvement which may have been resolved upon at any time before the passing of this act. CfM|K.niii..ii> "i^i* Cori)oralioiis, ecclesiiuitical or civil, whose ])rt»- prii. of Mil., perty. or any jiart oi whose property, is conveyed to. or taken by the . 78 diuabl*' aiul pcnuaiMMit itiutcrinl. in uiiy strccf. N(iUHrc or plan- ill th»' tity. and that the cost or.su»h coiiHtrurtioii >)•' dt'l'rayt'd out ol" th«« city fundH, to an extent not «'Xc«M'ding one-hall' <»t' such cost, and the remainder there- ol' to he a])portioned upon th«Mnnnovea))le properly sit- uate on the sid«' olNUeh street. H(|uare or |)lttee on which such sidewalk i.s constructed ; and such apportionment shall he nuide in jn'ojmrtion to the t'rontaj^e of such im- rnoveahle property. "i'Ml, The city surveyor shall apportion, in a hook to .\-.i»Mi..iit b' kept by him lor that purpo.se. the proportion of the[';*^'"),!* ""' » ost of such construction payable by the projmetors, upcni such immoveables ac<*ordin!>- to the I'rontajje thereof as alorcbaid. lie shall also ji'ive public notice of a day when the Snii., t..i.( contributors charged may examine such apportionment. -'*'"" and state to him their objections thereto, before the sanu* b'' completed and put in lorce ; such notice to be given t'li days at least before that iixei»ortionment will be recoverable in the same manner as ail other taxes and assessments. The provisions of this section shall apply to the assess- I'mvisions riieuts in cases of constrtu tioii of drains made under "Hfl'iViin' Jinilii" by virtue of any by-law authorized by subsection r>0 of section 140. *-8J47« In case there should, at the paysiny of this act or( ini.ui.rni. thereafter. «*xist any clerical error, omission or informal- ",','',;*| '"" ''"' ity in any pro«'eedinas in exproi)ri;ition. or in the ma- * kinji" out of any roll of assessment prepared in rt'spect of th'' cost of any improvement, whether stich error, omission or inlormalitv be committed by the commissioners oranv of them, or by those who are l)y law entrusted with such pvoceediiiirs. the Superior Cou';t . or tr.iy judti'e thereof, may. upon a petition to that effect, permit, in its discre- tion, the rectilicati«)n of such error, omission or informal- ity, upon su«'h < ondition !i!> to (Mjsts as the rourt or judue may order. part.'"!"'."'"'" *,23H. When any roll of ;issessmeiit or apj)ortionnient n, « n.ii nu.y ijiade by commissioners, to dt'fray. in whole or in th>' cost ( f anv improvement under the provisions ol thi^ act, is annulled by . ompetent authority, the xpr*j- priation. And all thf pruviHiouNot' thiN »c\, with r«>8p**tt to the making, ifvisioii and rompK'tion ul' any Nuch ixf*- Kt.>NNm«Mit or apportionmt'nt, and to all niattcrH incidental thi*r«>to, Nhall iipply to MUch aNMt>8Min«'ntorapportionnit'nt : j)rovid«>d alwayM that procet'dings tor the making of any ni'W roll ol' aMNi>NHm«'nt or ap|H>rtionment nhall be roiu- nitMicod within n\x months from th<' date of annnlmcnt of the pr<'vioU8 roll. Ai'MMiiiiiit *2H9» If any Hp«><'ial actNeMbmt'nt or apportionm<>nt made vrvo'rfr/un. ^y ^^*' *^**y swrveyor in anuullcd by competent authority. iiirii<(i,inH.vii<' he shall mak«> another anNeNHment or apiN)rtionm<>nt fur the same purpoue, in the manner hereinbefore provided : and the same, when completed and revined, shall have full force and eH'ect. rnU'Wcd. Klu'lit- iif y.i proprii'i'ii- •'avt'd ill uv\ Hi.i>i'A«iiifn( mil. 3-10* If, for the ])ur|)08e of any improvement, any im- moveablt^ property iH charged with any Mpecial aHMeH8nu*nt by any roll or apportionment, which is subMcquently annulled by competent authority, and a new roll or apportionment \h mad«> for the recovery of such spe* ial a8He88ment, and if any chang<* has taken platre in the ownership of such property, between the date of the d. - posit in court of the amount of indemnity, as hereinbefore provided, under the first roll ot assessment, and the date of completion of the new roll of assessment, the n«'W pro- prietor of su«h immov«'able, uiwn payment or demand of the amount thereof, shall have the same rights fn garaiilir against his vendor, in respect of such demand or payment. as if su»'h property had bt'come charged with a valid hy- pothec for such amount, at the date of the said deposit. ill to \\ 8)1 !l ( O in I'li.vnitnl* 341* Whenever a roll of assessment or apportionment irun.M'n)n'ii..i ''^^ *"y street improvement shall be annulled and ser iiivtiiicititmi. aside, the payments made under the authority of the same shall not be thereby invalidated ; but such payments, with interest added, shall go to the discharge of the re- spective amounts to be fixed by the new assessment roll subject, on the part of the rate-payer, to making good any deficien*y. or to receiving ba iiiv» lui aad the by-law of the city [No. IHl). heretofore pass«Ml -.y '""'"■' ' the couaoil for that purpose, to divide that part of St- Lawread liaiits, iato sectioas as thereia provided, is hereby eoa- firmed. The said iaiproveaieats shall be eoaipleted withia three years from the lirst day of May, 18S!). 3lil* The co.st of su«h iaiproveaieut shall be borae ast ont ..f im- follows: oae half bv ihe eitv. aad oae half l»v theowaersr"**,'"'*'''' of lauaovi'able property lathat jtart of St. Lawreace stn'et lyiajf betweeji ('rajuaad Sherbrooke streets, by aieaas of a special assessau'at to be levied. a<.10 aad 11 of sectioa 'J1-; shall aot ai)i>ly to such expropriation, aad that the l)riviles»e graated to the party expropriated ia subsectioa 1-Jof saidse«tioa 213 to compel the city to take the residue of his property vvhea such residue shall aot exci-ed forty feet ia depth, — b" exteaded so as to apply to a depth aot to exc-'ed fifty feet. (> ^, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 m. 125 I.I mm m ■ 41 ■ 2.2 Ul IIS US ■It 12.0 |I.25||U,,.6 < 6" ► Photographic Sciences Corporation 23 WIST MAIN STMET WEBSTIR.N.Y. 145S0 (716)S73-4J03 J z. i 76 Cap. *79. City of Montreal. 52 Vict, CoiHinission- ers to value Hiriatiiu till' whole of till' properties to be expro- l)viated. Damages for lonses made lifter pansiiij,' of the aet 51- r>2 Viet., cap. 79. Coinmeroial value of pro perty. 246* The commissioners shall proceed to the valuation of the immoveables to bo expropriated seriatim and writh- out interruption, and complete the proceedings, with re spect to which they shall make a report for homologation. 247« In the valuation made by the commissioners of the immoveables which the city may acquire in the said street, no demand for interest or damages, resulting from leases subsequent to the passage of the act 51-52 Victo- ria, chapter TO, shall be deemed valid and binding upon the city,except as relates to the then current year, provided the proceedings in expropriation shall have commenced within the six months following the passing of the said last cited act. In the valuation of the damages, the reduction of the commercial value of the property consequent upon the expropriation shall be taken into account. Perf«on8 wish- 24S. Every person, whose property or part of whose im n^wMiiiein Property is required for such improvement and who de- advance may sires to build on the new line and have the necessary do so. work of widening done with respect to his property, before the period fixed for effecting such widening, may do so at any time preA'ious to the confirmation or homo- logation of the report of the commissioners for the part of the street wherein such proprietor is interested or after the confirmation or homologation of the said report, by accepting the amounts and conditions agreed upon and stipulated for his property or part of his property in such report. Powers to je 240. The council may, as regards the portion of St. of conveyUig Lawreuce street above mentioned, determine and regulate ^^fs' ndTo *^^ manner of conveying water from the roofs to the prohibit ground, and may likewise prohibit the use of any wooden J*^"^'''^" ^""•'^ building or portion of a building at present existing ^ ■ along the line of such portion of the street. Notre-Dame 350* Xotre-Dame street, in the city, shall be widened leir '*^'* *'° on both sides, from McGill street to Inspector street, as shown and specified on the homologated plans of St. An- toine and St. Ann's wards. Cost of im- provement how borne. 251. The cost of such improvement shall be borne as follows : one half by the city, and one half by the own- ers of immoveable property m tha^. part of Notre-Dame street, lying between the said McGill and Inspector streets, by means of a special assessment to be imposed upon the immoveable property situated on both sides of '52 Vict. 1889. City of Montreal. Cap. 19. 77 ; valuation and with- s, with re aologation. ssioners of in the said , resulting )l-52Victo- ig upon the rovided the iced within id last cited tion of the t upon the t of whose d who de- e necessary 8 property, aning, may tt or homo- 3r the part Bted or after report, by I upon and erty in such tion of St. nd regulate oofs to the any wooden nt existing )e widened street, as s of St. An- >e borne as >y the owu' Notre-Dame Inspector be imposed ih sides of the said part of Notre-Dame street, and to be levied and paid in the same manner as the assessment hereinbefore provided in the case of the widening of St-Lawvence street; and with the same privilege to the proprietors of the immoveables aforesaid, to anticipate the payment of their share of the cost of the improvement, as to the proprietors in St. Lawrence street. is granted^ 252. The council majr, by by-law, divide thai part of Division of Notre-Dame street, comprised within the above mentioned f^^'''^^ '?.*" ,.•,.,, ,. ., , I'll twosec'tions limits, into two sections as it may deem advisable, for purposes and determine the time when the proceedings in expro- "' « iiiening. priation shall commence, and the delay within which the improvement will be completed ; provided the same be commenced on or before the first of January, 1890, and be completed on or before the ^rst January, 1892. 253. The council may also provide in the said by-law Expn.pria- that the expropriations to be made of the immoveables \''*" "'»>' ^^ aforesaid, or so much thereof as may be required for the certain*^ pro*^ improvement, shall apply to proprietors who have, since p"*"*'""*- the homologation of the said plans of St. Antoine and St. Ann's wards, erected buildings within the said limits of Notre-Dame street, on a line different from that fixed and determined by the said plans. 254. Sections 245, 246, 248, and 249 of this act shall Certain 8cc- apply, mutatis mutandis, to the widening of Notre-Dame lo'^'vldeningj^ street as aforesaid. TITLE XXI. WATER-WORKS. 255. The city may make, construct, and maintain, in city may and beyond the city, for a distance of thirty miles, water- ^!'jJj*7.^.ork works, together with all appurtenances and accessories necessary to introduce, and convey throughout the city powers to that and parts adjacent, a sufficient quantity of good and*'^^''*- wholesome water, for the use and supply of the inhabi- tants of Montreal and parts thereto adjacent ; improve, alter or remove the said water- works, or any part thereof ; change the site of the hydraulic wheels, engines or source of supply thereof ; construct and maintain all buildings, wheels, engines, reservoirs, basins and other works necessary to convey water to the city and parts adjacent thereto. For the aforesaid purposes, the city may acquire and May acquire hold any land, servitude, or usufruct, in the city or within '"'^'^- 78 Cap. 19. City of Montreal. 52. Vict. a circuit of thirty miles from the city limits ; acquire a right of way wherever it may be necessary ; pay any damages occasioned by such works, either to buildings or lands ; enter into contract with any person for the construction of the said water-works in whole or in part ; superintend and direct the works when completed ; enter, during the day-time, upon the lands of private individuals for the purposes aforesaid, and make excavations, and take and remove stones, soil, rubbish, trees, roots, sand, gravel, or other materials, but by payin^ or offering a reasonable compensation for such materials, and by con- forming in all things with the provisions hereinafter made. Expropria- 356* When the parties cannot come to an amicable """• arrangement with respect to the acquisition of any im- moveable property for the water- works, either witKin or without the city limits, or the right of way through such . property, or any servitude thereon, the same may be acquired by expropriation in the manner herein provided with respect to expropriations generally. City may 357* The city may enter upon any land or property, land!"^*'" street or highway, for the purpose of laying or repairing pipes and other necessary works in connection with the water-works. Right of ac- tion for dam- ages prc- stTibod. Penalty for obstructing works. 25M. No action or suit shall be taken against the city for damages resulting from the exercise of the powers conferred upon it by the three foregoing sections, unless such action or suit shall be instituted within six months next after the act complained of. SS9. If any person prevents the city, or any person in its employ, from doing any of the said works, or from exercising any of the powers and rights hereinbefore granted, or embarrasses or interrupts them in the exercise of such rights, or causes any injury to the water-works, apparatus or the accessories thereof, or obstructs or pre- vents the working of the water- works, or the apparatus or accessories thereto belonging, or any portion thereof, such person shall be liable, in addition to the penalty imposed in section 141, to the damages that the city may suffer from any such act ; such damages, with costs, to be recovered by complaint or suit before the ordinary courts having jurisdiction in the matter. By-law« may l)u made : 260. The council shall have full power to make by-laws for the following purposes : 1889. City of Montreal. Cap. t9, 79 1. To prohibit any occupant of a house or building, To prevent supplied with water from the water- works, from furnish- water."' ing water to others, or from using it otherwise than for his own use, or from increasing the supply of water agreed for, or from wasting it ; 2. To prescribe the size, quality, strength, and location To prescribe of the pipes, valves, cocks, cisterns, w.iter-closets, baths, uj^ot'pipes"' and other apparatus to be used in the city ; provide for&e. hydrometers to be placed in buildings or establishments, for the purpose of determining and measuring the quan- tity of water used therein ; and to fix the amount of the annual rent to be paid therefor ; 3. To regulate and establish, by a tariff, the price of To hx tariff the water, and the time and mode of payment therefor ; "^''''^'^'*- 4. To prevent the pollution of the water in the aque- To prevent duct or reservoirs, and the practising of frauds upon the *''""''*' '^*^- city, with regard to the supply of water from the water works ; 5. And for any other matter, or thing of any nature or Gouerai pow- kind whatsoever, having reference to the water-works, ''•■*• which it may be necessary to direct, regulate or determine for the proper working of such water-works. 261. As soon as the corporation is ready to furnish N"tiee wiien water to any part of the city not already supplied, public t,',^fariibh ^ notice thereof shall be given ; and after such notice, all water. persons liable to the payment of water rates in such part of the city, whether they consent or not to receive the water, shall pay the rates fixed by the tarifi". 202. The introduction of the water into houses or lutrodueUon other buildings is performed by and at the expense of ^^* ^'^^^^°^,[y'' the city ; but the distribution of the water through such description of houses or buildings, after being thus introduced into them, p'^®*'" is made by and at the expense of the proprietors or occu- pants ; but in all cases where such house or building stands at a distance from the line of the street, the city lays the distribution pipe to the line of the street and has the right to exact payment of the water-rates from the proprietor, although the latter refuses or neglects to con- nect such pipe with such house or building. SttJI. If any proprietor refuses or neglects to make if proprietor such distribution, and the council exacts payment of the '„';^',^*f Jiig",.!. water-rates from the tenant, then such tenant may with-inition. hold from the proprietor, out of the rents to be paid him for the property he occupies, the amount thus paid by him, unless otherwise provided in the lease. ';ifi 80 Cap. Id. City oj Montreal 52 Vict. Wuttr mippiy 3«I. If ally person causes any water pipe, valve, (;ock, ^y In- (lit eigtern, water-closet, bath, or other apparatus to be out of repair, or to be so used or contrived as that the water supplied from the water-works, be wasted, or unduly con- sumed ; or if he refuses or neglects to pay the rates law- fully imposed for the water supplied to him, for thirty days after the same are due and payable, the city may cut off the water and cease the supply so long as the cause of complaint is not removed; which shall not prevent the rates from running as before, or exempt such defaulter from the payment of such rates, as if the water continued to be supplied to him. Special aiyree. 265. The city may make a special agreement with ment in c ei- coiisumers for the supply of water, in special cases where tain eases. .. Tn,,i. ,1 ,i t it is considered that there is more than the ordinary con- sumption of water. Liability of proprietor. Further liabi- lity of pro- prietor. 266. In all cases of a dwelling house or other building being tenanted by two or more tenants, sub-tenants or families, the city may require from the proprietor, that a separate and distinct service pipe be by him provided for each such tenant, sub-tenant or family, occupying separate apartments, so that the city may at all times have control over the supply of water furnished to each such tenant, sub-tenant or family, the same as is practised in cases of single tenanted houses ; and if the proprietor, after being notified in writing to that effect by the superintendent of the water-works, refuses or neglects to comply with the requirements hereof, within a reasonable delay, not to exceed fifteen days, he shall be liable to the payment of the rates imposed for the water so supplied to the said tenants, sub-tenants or families, and such liability, on the part of the proprietor shall continue so long as he does not comply with the requirements aforesaid. 267. Such liability shall apply to any proprietor of a range of dwelling houses or tenements contiguous to one another, who refuses or neglects to provide each such house or tenement with a separate and distinct service pipe, after notice given to him, as aforesaid ; such liabi- lity also applies to the proprietor in all cases where the number of tenants, sub-tenants or families in a dwelling- house, is such that it is impossible to j)rovide a sepa- rate service pipe for each of them ; and it shall be lawful for the corporation, in such cases, to exact from the pro- prietor the ordinary price of water for each such tenant, sub-tenant or familv. 1889. Citfi of Montrenf. TITLE XXII. Cap. 79. SI MISCELLANEOUl*. '^HH. The city clerk, and the city treasurer, may re-cuj iierkai.a spectively affix their signature to the (certificates and to the ;;;J,\. i^jke u^'c notices which they are required to give under this act by of stumpwi stamping said signature thereon with a stamp to be pre- ®'^"'"'"'''- viously approved by the council and used exclusively for that purpose ; and the signature so affixed shall be, to all intents and purposes, as valid as if in the handwriting of the said clerk or treasurer ; and the production of any document or instrument bearing such stamp shall he prima yiiae evidence of the authenticity thereof, and of the au- thority of the officer to affix the same; and except the officers above referred to, all persons are prohibited from using the said stamped signatures, under the penalty pro- vided in section 141. SOIK No railway company shall laj' its rails in any of Kaiiwuy the streets of the city without the permission ofthecoun-J^i","JS','jpyi cil, save in so far as any such rights have heretofore been;;'<|>j> '<• '"> granted by the Legislature. com- im!«. Tails. 370. The council may suspend or revoke any license Lkeuscs may granted under any of the provisions of this act, owing to^'^"^"'"*^^'^' misconduct, incompetency or violation of any by-law on the part of the person holding such license. 371. "Whereas questions of fact may arise in matters Power to hold before the council, or its committees, which the interests JjJ)j^^''"''*' of justice require to be investigated by the examination of witnesses on oath, and otherwise ; and it may also be- come necessary, in the like interest, to institute inquiries into the truth of representations made to the council respecting matters within its jurisdiction ; in any such case, the committee before which any such question arises, or any committee appointed by the coun(dl to investigate the same, or to make such inquiry, may issue a summons signed by its chairman requiring any person to appear be- fore such committee, for the purpose of giving evidence touching such question or inquiry, and, if judged expe- dient, to produce any papers or documents in his posses- sion, or under his control, bearing upon such question or inquiry, or described in such summons ; If any person so summoned neglects or refuses to Pc'i-«oii.-« sum- appear at the time and place appointed by such summons, {"""ppJarl &ci or, if appearing, he refuses to be examined on oath touch- inff the said inquiry, or to obey any order to produce ;,t 82 Cap. 79. Citff of Montreal, 62 ViGT. Penalty. Oiitlj to wit- ness. papers or documents mentioned in such summons, in so far as he is able to do, a return of the issue and service of such summons and of such default or refusal may be made to the mayor, who may thereupon compel the attendance of such person, and compel him to answer all lawful questions by the like means as are used for such purposes in the ordinary courts of civil jurisdiction in the Province of Quebec. Every person so neglecting or refusing to appear, or re- fusing to produce papers or be examined as aforesaid,, shall, on conviction thereof before the recorder's courts be subject to the penalties prescribed by section 141. The chairman of the committee is authorized to admin- ister the oath to sach witnesses. Pul)li.' not ices. 27!3> When it is necessary that public notice be given in virtue of any of the provisions of this act or of any of the statutes concerning the city, without any prescription as to the particular manner or form in which it is to be given, then such notice should be given by advertisement in two issues of at least two newspapers published in the English language, and two newspapers published in the French language in the city, and posted in four different places in each of the streets where the immoveables to be assessed are situated. Special uoticcs. 37tS. When any special notice is required to be given under this act to any person, such notice may be served either at his residence or place of business in the city ; if such person has no residence or place of business in the city, such person may signify in writing to thet^ity clerk his address outside the city ; in which case, such notice may be served upon him by mailing the same registered to the address so given to the city clerk ; persons who have no residence or place of business in the city, and who haA'^e failed to signify their address as aforesaid, shall not be entitled to such aotice. Servina ofno- 274. Any bailiff of the Superior Court or of the recor- tice by bailiff. (Jer'g court may serve and post up any notification requited by this act, and make a rt^turn thereof under his oath of office. Persons drtim- ina: (lamuj^es lield U) arivc notice. 275. If any person claims or pretends to have been injured by any accident or casualty, for which he intends to claim damages or compensation from the city, he shall, within thirty days from the date of such accident or casualty, give a notice to the city of such intention, con- taining the particulars of his claim, and stating his own 1889, Citfi of Montreal. Cap. 79. 83 domicile ; tailing which, the city shall be relieved from all reHponsibility for any damages or compensation caused by such accident or casualty, any article or provision of the Civil Code to the contrary notwithstanding. JWtt. All actions, suits or claims against the city, or I'nx rii)tioii any of its officers or employees, for damages resulting |,'^',|^''''"'" from offences or quasi-oftences,or illegalities,are prescribed by six months from the day on which the right of such actions, suits or claims originated, any article or provision of the Civil Code to the contrxry notwithstanding. 377. The city and the trustees of the Mount Royal ()ia .cuKti- cemetery,upon acquiriug,at any time hereafter, the grounds j,','to7>ubnc^^'^ of the old Protestant and military cemeteries, situated on -(luaicK Papineau road, may convert the same into a public square, and make all necessary arrangements, and determine the ionditions upon which the said pieces of ground may become the property of the city. 27«« The city poli<,'e force shall have power, authority .iinisdutioii and jurisdiction, during exhibition time, over that piece of "J„\',"'j'^^'^ ^^' land adjoining the north west limits of the city, used for the purposes of industrial and agricultural exhibitions, and commonly known as " the Exhibition Grounds," and all streets, roads and property between the same and the city or adjacent to such exhibition grounds ; and may arrest or cause to be arrested any person contravening the law or the provisions of any by-law of the municipality of St. Louis du Mile-End, or any law or statute concerning games or gambling or the sale of intoxicating drinks ; and may proceed against such person before the proper tribunal. » 27W. The agreement between the city and " The a^tc .iiKnt Dominion Abattoir and Stock Yards' Company " and " i^/t ::;,\','pa^!,*;;;a Compa^nie d" Abattoirs de Montreal " made under the provi- ij.v-iaws cun- sions of the act 48 Vict., cap. 67, and the by-laws passed "'"''''• by the council with respect to such abattoirs, are hereby confirmed ; saving to the council the right to alter and amend the same. 280. The city may recover from any abattoir com- ircuitii in pany situated in, or in the vicinity of, the city, as or on '"'"■^'" "' account of the salary of the health officers appointed by the council to inspect the cattle and other animals killed at any such abattoir, a sum not exceeding five hundred dollars per annum for each abattoir worked by any such company. pc'ctor nt iibiUtoirs. 84 Cap. 79. Cilfi of Montre'il. 62 Vict Sah'of tic'(i on- Klfflits tractor of con. Power as to scwersi In private lanc!< 2HI. The couiu;il may, by by-law, prohibit the wale, within the limits of the city, of every animal intended for 8lau|^htering, and may exact a duty on every animal that shall be brought in the eattle yard reserved, on behalf of the city, near the said abattoirs, which duty shall be levied in the same manner as any tax or assess- ment may be levied under this aet. 2iMS» When the council, in its discretion, may deem it ' expedient to cause privy-vaults or privies in the city to be emptied by contract, it may stipulate in such contract that the owners of such privy-vaults or privies shall be held to pay tc the contractor the cost of removing the contents of such privy-vaults or privies, at the price fixed by such contract ; provided su<;h price does not exceed seven cents per cubic foot ; Such contractor has the right to recover from the owner of the premises, the sum due under such contract, before the ordinary tribunals. 2143. The power of the council to assess proprietors to defray the cost of construction of a sewer in any street of the city may be exercised as to any sower that may be ordered to be constructed by the council in any proposed street or lane not yet opened to the public, when the council shall consider such sewer necessary in the interest of public health. s* li '.r'll"'^*!' ^*^* All acts inconsistent with the provisions of this ^ ' "' act are hereby repealed ; but the repeal of such acts shall not be understood as affecting any matter or thing done, or required to be done, resolutions, decisions, orders or other .proceedings of the council, debentures, promissory notes, shares, or obligations issued, or by-laws made under and by virtue of such acts, or rolls of assessment or apportionment ; but such matters or things, debentures, promissory notes, obligations, by-laws, or rolls of assess- ment or apportionment, and the sinking fund to be provi- ded, shall continue to be regulated by such acts, until they shall be changed, altered, replaced or repealed bv any proceeding adopted in virtue of this act, in whicii case all such matters and things, resolutions, decisions, orders of proceedings, debentures, promissory notes, obli- gations, and by-laws and rolls of assessment or apportion- ment, shall be regulated and controlled by this act. Cominff into force. 3M5« This act shall como into force on the day of its sanction. 1889. City of Mimfrenl. SCHEDULE. Cap. t9. 85 *.l A (See sec. 23.) Oath of Maym or Alderman. I. A. B., having been elected mayor, {w alderman, as the case may he) lor the city of Montreal, do swear, that I will faithfully fulfil the duties of the said office, according to the best of my judgment and ability; and that I am seized and possessed, for my own use, of immoveable pro- perty, in the city, after the payment or deduction of all, charges thereon, of the value of four thousand dollars, (or two thousand dollai's, as the case may be.^ and thaf I bavu not fraudulently or collusively obtained the same, or a title to the same, for the purpose of qualifying myself to be elected mayor, (or alderman «.s the case may be,) as aforesaid : So help me God. {Si^^nature.) ■>). I :;p\ B {See sec. Si ) Notice to Electors of Completion of " Volirs' List.^' voters' list. Public? notice is hereby given that the municipal voters' list for the several wards of the city of Montreal, made by the assessors and checked by the city treasurer, according* to law, has been delivered to the undersigned, and that the said list shall be kept in the office of the undersigned, in the city-hall, for the examination of all concerned, from ten o'clock in the morning, till four o'clock in the afternoon, every day, until the final revision thereof. Public notice is hereby further given, that the board of revisors, appointed to revise the voters' list, will meet in 86 Cap. 19. Citif oj Montrent. 52 Vict. the city hall, at the hour of ton oV'look, in the morning, on the fifth day of January next, and daily thereafter, at the same place and hour until the said list iH revised and settled. And any elector who deems himself aggrieved by the omission of his name, in such list, or by any letter import- ing disqualification set against his name by the city treasurer as aforesaid, or who may dexire to object to any name on the list, shall be held to give written notices to the Board of Revisors on or before the fourth day of January next, which noti«;es shall be delivered at the office of the city clerk ; the complainant shall further be held to appear, either personally or through his represen- tative, before the board of revisors, to make good his appli- cation. (Uy order,) {Signature.) City Clerk. City Clerk's Office, City Hall, Montreal, (date.) {See sec. 40.) Certificate of revision of Voters' Lists. I, the undersigned, do thereby certify that the above list of municipal voters for the electoral district number in the w^ard of the city of Montreal, for the current year, has been revised by the board of of revisors, according to law, and that is the exact number of qualified voters in such electoral district. {Signature ) Chaiimau Board of Revisors. City Clerk. City Hall, Montreal, 18 i 1889. Citi/ of MtmtrmL Cap. 79. D (&€• sec. 46.) Nomination paper. Wo, the undevsij^iu'd duly qualified to vote at municipal elections, in the »'ity of Montreal, do hereby nominate {name, residence and occupation of the person nominated) as a candidate at the election now about to be held of mayor of the said city {or alderman fw the toard of the said city) as the case may be. In witness whereof we have signed at Montreal this day of 18 {Signatures viith residences and occupations.) Signed by the said electors in pre-senue of {name, occupa- tion and residence,) I, the said nominated in the foregoing nomiLation paper, hereby consent to such nomination "Witness my hand at Montreal this day of 18 . {Signature.) Signed by the said in presence of {Signature.) 87 h electoral B {See sec. 47.) Oath of attestation of the nomination paper and of the consent of the canditate. I, A. B. of the city of M{»ntreal {jrrofession) solemnly swear that I know {mentioning the name of the signers knoion to him) and that thi^y iire duly qualified to vote xt the election of mayor (or alderman, as the case man be) ibout to be held, and that they respectively signed the foregoing, {or annexed) nomination paper with their signa- tures in my presence, and further (if the case be so) that i ..Si ■88 Cap. 79. Citff of Montreal. 52 Vict. I know the said thereby nominated, and that he signed his consent to the nomination in my presence. {Sig^naldre.) Sworn before me at Montreal this day of 18 A. B. To F {See sec. 51.) Commission of a deputy returning o^er, {give name, occupation and residence,) Know you that, in my capacity of chairman of the board of revisors, I have appointed, and do hereby appoini; you deputy returning officer, for poll number of the electoral district, in the ward of the city of Montreal, to act in that capacity according to law, at the election of mayor {or alderman, us the ease may be,) to be held in the said city {or ward, as the case may be, stating the particular luard in which the election is to take place), on the day of the month of G-iven under my hand, at Montreal, day of the month of {Signature.) 1889 City of Montreal. Cap. 79. 89 3fthe board ippoiiib you of the ward of the ding to law, case may be,) zase may he, m is to take ^ 05 o O o •sj^.i'Buia.i iTsiaiior) leo^o Sainin-jai X:^iidap fi\{\ JO piB dV{} ^^■!A. pa.i'Bda.id siad'Bd ^^oipa •auiBU U9T{} ui pa:jOA aABi[ siaiji^o i&}p Sni:^OA sio;o9|a uaAiS 9a:^0j\^ •noT^jBuiiigB lo x{\Teo 9T{'\ sy^v} o^ .^nisnja.i siai^oj^ •paraiig'B lo uioAYg •snopoafqo •sijuBdnooo 10 si^uBiiax •siauMQ Their place of residence. » 6 Is uop'Bdnooo ii8i{X Names of the Voters. , •9i9;oA JO laqu ma 90 Cap. 19. City oj Montreal. 52 Vict. % I ft- I ft. 'i^ f; ? j» (See sec. 65.) Oa//* q/" Voters You swear that you are the person named and descriV ed in the list of voters now shewn to you ; {reading to the voter the name, occupation and residence, as entered in the book) that you are of the full age of twenty-one years, that you have not already voted at this election ; and that you have not received any thing, nor has any thing been pro- mised to you, either directly or indirectly, in order to in- duce you to vote at this election : So help you God. H ' {See sec. 90.) Oath of Assessors. I, A. B., having been appointed assessor for the city of Montreal, do swear that I will faithfully, impartially, honestly, and diligently, execute the duties of the said office, according to the best of my judgment and ability : So help me God. {Signature.) {See sec. 101.) Notice to Rate-payers Public notice is hereby given, that the assessment roll of the city of Montreal, for the ward of the said city, {or the special roll of assessment for the, specify the purposes for which such roll is made) is completed, and is now deposited in the office of the undersigned, in the City Hall. All persons, whose names appear therein as liable for the payment of any tax or assessment, are here- by required to pay the amount thereof to the undersign- ed, at his said office, within ten days from this day, without further notice. City Hall, Montreal, {date.) {Signature.) City Treasurer. 1889. CUy of Mantreal. Cap. t9. K (See sec. 102.) Notice for the Collection of Taxes Sec OORPORITION OP MONTREALi CORPORATION OF MONTREAL 91 Mr. Copy op Account. Notice Served, * {Date of Notice.) Costs I Notice, Mr. To the City of Montreal. Dr. To taxes, assessments, or Water Rat«s, {Here state Account.) Sir, Take notice that, haying failed to pay the above-men- tioned sum within the time prescribed by public notice^ you are hereby required, within fifteen days from the date hereof, to pay the same to me, at my office, together with the costs of this notice and service thereof, as be- low ; in default whereof, execution will issue against your goods and chattels. City Hall, Montreal, {date.) Costs $ Notice, {Signature,) City Treasurer. 92 m i; Cap. "7? , Citt/ of Montreal. 52 ViCT. L {See sec. 108.) Warrant of Seizure. Province of Quebec, ) In the Recorder's Court OF THE Citi, of Montreal, \ City, o^ Montreal. The Recorder of the City of Montreal : Debt $ Costs Warrant 1 To any Bailiff of the Recorder's Court of the City of Montreal. Whereas, A. B. {name and designation of debtor) hath been required by the city treasurer, to pay into his hands, for and on behalf of the city, the sum of being the amount due by him to the city, as appears by the assessment-roll, for the year 18 ; and whereas the said A. B. hath neglected and refused to pay unto the said treasurer, within the period prescribed by law, the said sum of ; these are therefore to com- mand you forthwith to make distress of the goods and chattels of the said A. B. ; and if, within the space of eight days after the making of such distress, the said mentioned sum, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do, on such day as, shall be indicated to you by the city treasurer, sell the goods and chattels so by you detained, and do pay the money arising from such sale unto the city treasurer, that he may apply the same as by law directed, and may render the overplus, if any, on demand, to the said A. B., or others whom it may concern ; and if no such distress can be found, then that you certify the same unto me, to the end that «uch proceedings may be had therein as to the law doth appertain. Given under the hand of the clerk of ) X. Y., the Recorder's Court, at Montreal, this > Clerk of the day of in the year ) Recorder's Court. 1889. Citi/ of Montreal. Cap. t9. M {See sec. 104.) Notice of Sale of Goods and ClMttels. Public notice is hereby given, that on next, the good chattels of the parUes hereinafter named and desig- nated, now under seizure for non-payment of assessments {or other dues, as the case may be,) will be sold by public auction, at the hours and places hereinafter mentioned to wit : NAMES. AMOUNT. PLACE OF SALE No. Street. HOUR OF SALE. {Signature.) City Hall Montreal, date City Treasurer ' n- ••« *•■*• 94 Cap. "79. i Jill f 1^ 5C City of Montreal . S' B eS 0) 0) 0) o a> 0) O) ce ^ OQ a. m o •s 1 • 31 o a S'3 / 1 » c o ■g S V ■ £ 03 Cadastral number. BO 1 52 Vict. •FN li OQ •»H I— H d P4 «0 u •1-4 00 th SifA in all sn no M< th( H 00 02 ] th( ful du me Mc 9> X . V « # * m- m * ■.^•« f» -»• *• \,-» ..** ^ Jfc*.^ ..^^w.,^, 52 Vict. I u GO 1889. dtp of Montreal. Cap. 79. (See sec. 134.) Certificate of the City Treasurer of Assessable Rate. I hereby certify, for the information of the couaicil of the city of Montreal, that a rate of on the asses- sed value of the immoveable property liable to assessment in the said city, is in my opinion (after making a fair allowance for losses and deficiencies in the collection of such rate,) rec[uired to produce a net amount equal to that now due for interest, (principal, if any due) on the city of Montreal consolidated fund, or on any of the loans which the city is authorized to make. City Hall, Montreal, [date] (Signature.) City Treasurer. (-Sec sec. 213, ^ t.) Oath of Commissioners in Eoi^ropriations. I , having been appointed commissioner under the provisions of the [cite the act] do swear that I will faith- fully, impartially, honestly, and diligently, execute all the duties of the said office, according to the best of my judg- ment and ability : So help me God. (Signature.) 96 S o -M OQ s ^ t-t (H H H 02 Montreal, (date) !■•- 4,1 OP TH REVISED STATUTES OF THE FEOVmCE OF QUEBEC (1888) Referred to in sections 56 and 56 of the City Charter. § 10.— DEPUTY RETU«NINO OFFICERS. *98. If a deputy returning officer die or be prevented New dep. ret. from discharging his office by sickness, absence or other "*""*'* cause, or if he refuses to accept such office, or neglects to discharge the duties thereof, the returning officer shall appoint another person competent to act as deputy retur- ning officer. The new deputy returning officer, shall, be bound to Duties. discharge all the ooligations of such office, under the same penalties as the first, in case of refusal or neglect. 991* Each deputy returning officer shall, before acting oath. as such,take and subscribe, before the returning officer or be- fore a justice of the peace, the oath set forth in form Q, and a certificate, according to form R, of the taking of such oath, by and under the hand of the returning officer or justice of the peace, shall be delivered to him by the person administering the same. 295. It shall be the duty of the returning officer to fur- Ret. off. 8ha» nish to each deputy returning officer the list or a copy of *''*""• or extract from the list, containing the names of electors entitled to vote at the poll for \yhich he is appointed. Each copy of and extract from the list shall be certified, to be oertmed. either by the returning officer or by the legal custodian of the lists from which such copies or extracts are taken. 296. If the list, extract or copy in the possession ofi*""'!**'- any deputy returning officer has been lost or destroyed, 8 •t!-: in 98 BkUot bos. How made. Dep. ret. ott'. shall cause one to be made. Ballot papers. Form of ballot papers. Directions. Posting up. Poll clerk. it shall be the duty of the returning officer to provide that another certified list, extract or copy be supplied to such deputy returning officer. S807. The returning officer shall, at least two days before the voting, deliver to each deputy returning officer a bal- lot box to receive the ballot papers of the electors. Such ballot box shall have a slit or narrow opening in the top, so constructed that the ballot paper may be intro- duced therein.but cannot be withdrawn therefrom, without opening the box, and shall be made of durable material, with lock and key. 29A. When the returning officer has not supplied the deputy returning officer with the ballot box within the delay prescribed in the preceding article, it shall be the duty of the latter to cause one to be made. 299. The returning officer shall furnish the deputy re- turning officer of each poll with a sufficient number of ballot papers to supply the number of electors entitled to vote at such poll, and with the necessary materials for the voters to mark their ballot papers. All ballot papers shall be of the same description, and as nearly as possible, alike. 300* The ballot paper of each elector shall be a printed paper with an annex drawn up according to form X, spe- cifying the names and description of the candidates, alpha- betically arranged m the order of their surnames, or if there be several candidates with the same surname, in the order of their christian names. The names and description of each candidate shall be set forth on the ballot paper, as in the nomination paper. 301* The returning officer shall also furnish to each de- puty returning officer at least ten copies of the printed di- rections for the guidance of voters in voting. The deputy returning officer shall, on the day of the voting, at or before the opening of the poll, cause copies of such directions to be posted up in some conspicuous place outside of the poll, and also in each compartment of the poll. § 11. POLL-CLERKS. 302. Each deputy returning officer shall forthwith appoint, by a commission, under his hand, according to form S, a competent person as poll clerk, to assist him in the execution of his duties. of. 99 808. If the poll clerk dies, or is prevented from execu- New poii cierk. ting his office by illness, absence or other cause, or if he refuses to accept such office, or neglects to discharge the duties thereof, the deputy returning officer shall appoint another person competent to act as poll clerk. The new poll clerk shall be bound to discharge all the hu dutien. obligations of such office, under the same penalties as the first, in case of refusal or neglect. 304. Every poll clerk, before acting as such, shall oath. take and subscribe, either before the returning officer or de- puty returning officer who appointed him, or before any justice of the peace, the oath set forth in form T. A certificate of the taking of such oath shall be delive- red to him according to form U, by the person administer- ing the same, and under his hand. 305. The poll clerk, at the poll for which he have been appointed shall be bound to aid and the execution of his duties the deputy returning officer ap- pointed to keep the poll at such place, and to obey the or- ders of such deputy returning officer. 306. In the event of the deputy returning officer refu- Rei.iacoi the sing or neglecting to discharge the duties of his office, or '^^^' "*" "*• becoming unable to do so, and of no other deputy retur- ning officer appointed instead of the former, presenting himself at the poll, the poll cierk shall, under the same penalties as those imposed upon a deputy returning officer, act as deputy returning officer, and without being obliged, for such purpose to take any new oath, shall fulfill all the duties and obligations thereof, in the same manner as if he had been appointed deputy returning officer. shall Duties of poll • 1 . clerk. assist in 807* "Whenever any poll clerk shall act in the case Appoints a poh provided ior in the preceding article, he shall have power "'*'"'• to appoint, by commission under his hand, according to form V, another person as poll clerk to aid and assist him, and to administer to such person the oath required of a poll clerk under this act. Such poll clerk shall have the same obligations to dis- DotieB. charge as if he had been appointed by the deputy return- ing officer, and shall incur the same penalties in the event of refusal or neglect. § 12. — VOTING. 308. The voting shall take place in a room or building piacc of yoting. of convenient access, with a door for the admission of the ' 100 Comptrtmeiit. Houri of voting. Beceptton qf votes. Who;m»y remun in the voters, and having, ifpossible, another door throagh which they may leave, after having voted. 800. One or two compartments shall be made within the room, so arranged that each voter may be screened from observation, and may without interference or inter- ruption from any person whomsoever, mark his ballot paper. 810. Each deputy returning officer shall open the poll assigned to him at the hoar of nine of the clock in the morning, and keep the same open until five of the clock in the afternoon. He shall, during that time, receive,in the manner herein- after prescribed, the votes of the electors duly qualified to vote at such poll and applying to vote thereat. 811* In addition to the deputy returning ofiicer and the poll clerk, no persons other than the candidates and their agents, not exceeding two in number for each candidate, shall be permitted to remain in the room where the votes are given during the whole time the poll remains open. In the absence of agents of any candidate, two electors may, on application to that efiect, represent such candi- date. 0»th of agenH. . u Examination of the box. Locking thereof. Voting, FaciUty of voting. 1 81SS. One of the agents of each candidate, or, in the absence of such agent, one of the electors representing a candidate under the preceding article, shall take the oath, in the form W, to keep secret the names of the candidates for whom any of the voters may have marked his ballot paper in their presence, as prescribed by article 32b. 813. At the hour fixed for opening the poll, the deputy returning officer and the poll clerk shall, in the presence of the candidates, their agents, or the electors present, open the ballot box and ascertain that there are no ballots or other papers in the same. The box shall thereafter be at once locked, and the de- puty returning officer shall keep the key thereof. 814. Immediately after the box shall have been locked, the deputy returning officer shall call upon the electors to vote. 815. It shall be the duty of the deputy returning officer to facilitate the admission of every elector into the poll, and to see that he is not impeded or molested in or about the poll. sai 101 816. Each elector, being introduced, one at a time forModuofroUng. each compartment, into the room where the poll is held, shall declare his name, surname and addition, which shall be at once recorded in a poll book to be kept for that pur- pose by the poll clerk, in the form FF. 817* If such name be found on the list of electors for noiivory or the voting subdivision of such poll, the voter shall receive'"'""'''"''"" from the deputy returning officer a ballot paper, on the back of which such deputy returning officer shall have previously put his initials, and, on the annex thereto, a number corresponding to that opposite the voter's name on the voters' list. 818. Nevertheless, any elector so presenting himself, o»th. before receiving his ballot paper, if thereunto required by the deputy returning officer, the poll clerk, one of the candidates or one of tneir agents, or by any elector present, shall take the oath in the form G-. 8i9« No ballot paper shall be given to any elector, Bofuaai to who shall have refused to take the oath or affirmation men- '*"'"■ tioned in the preceding article, when thereunto required, or who, having taken the same, shall not have answered in the manner prescribed in such preceding article. 830. Whenever any deputy returning officer has reason to know or believe that any person presenting oath exacted bv himself to vote has already voted at the election, and*'""**''"*" presents himself with the view of voting again, or that such person desires to vote under a false name or designation, or falsely gives himself out or represents himself as entered upon the list of electors, such deputy returning officer, whether he be required to do so or not, shall administer to such person the oath or affirmation au- thorized by law. 821. The elector on receiving the ballot paper shall J^|Pb^iiot'Ver forthwith proceed into one of the compartments of the poll, and there shall mark his ballot paper, marking a cross with a pencil opposite the name of the candidate for whom he intends to vote, after which he shall fold it up and hand it to the deputy returning officer. Such officer shall ascertain, by examination of his initials Depoiitofbaiiot and of the number, without unfolding the same, that such ballot paper is the same supplied by him to the voter, and, after having detached and destroyed the annex, he shall, immediately and in the presence of the voter, place the same in the ballot box. I >?!'• m 102 Entries in poll book. 822. The poll clerk shall enter in the poll book, oppo- site the name of each elector presenting himself to vote : 1. The word " voted," as soon as the elector's ballot paper has been deposited in the ballot box ; 2. The word " sworn " or " affirmed " if the elector has taken the oath or affirmation ; 8. The word " refused to be sworn " or " refused to affirm " if the elector has refused to take the oath or affir- mation. Aid in prepar- 828. The deputy returning officer, on application of ing^baiiot pa- g^jjy yQ^gr who is unable to read or write, or is incapaci- tated, by blindness or other physical cause, from voting in the manner prescribed by this act, shall assist such voter : 1. By marking his ballot paper in favor of the candidate mentioned by the voter, in the presen 3e only of the sworn agents or of the sworn electors, as the case may be ; 2. By placing such ballot paper in the ballot box. Mention thereof 824. Whenever a voter has had his ballot paper in pou book, prepared in conformity with the preceding article, mention of the fact shall be made in the poll book opposite to the name of such voter. Votes ofelection offioere. Manner of TOtlng, Entry in poll book. 825. Any person who is entitled to vote in the elec- toral district in which the election is being held, and who has been appointed deputy returning officer, or poll clerk, or agent of one of the candidates, for a poll other than the one where he is entitled to vote, shall, on request, receive from the returning officer, a certificate showing such right to vote and authorizing him to vote at the poll where he is employed. On the production of such certificate, such person, if actually employed at the poll as deputy returning officer, poll clerk or candidate's agent, may vote in the usual manner at such poll, instead of voting at the poll where he would otherwise have been entitled to vote. Mention shall be made in the poll book, opposite the name of such voter, of the fact of his having voted under this article. Spoiled ballot papers. 826. If an elector has inadvertentlv marked, spoiled or torn the ballot paper given him, in such manner that it cannot be conveniently used, he may, on delivering the same to the deputy returning officer, obtain another ballot paper. One vote only. 827. No person shall vote more than once in the same electoral district. 108 828. If a person representing himself to be a particu- vote tendered lar elector named on the list of electors, applies for a ballot ?ote'iniJ?e' paper after another person has voted as such elector, the "*"'*■ applicant, upon taking the oath or affirmation specified in article 318, shall be entitled to vote as any other elector. Mention shall be made in the poll book of the fact of Entry in book. the voter having voted on a second ballot paper, issued under the same name, and that, on demand, he had taken the required oath or affirmation mentioned in article 318, and also of any objections made to such vote on behalf of any of the candidates, and of the name of such candi- date. 2129. "Whenever the deputy, returning officer shall not interpreter. understand the language spoken by any elector claiming to vote, he shall swear an interpreter, who shall be the means of communication between him and such elector, with reference to all matters required to enable such elec- tor to vote. 380> Every elector shall vote without undue delay, Delay to be and shall quit the poll as soon as his ballot paper has been '''°'^*"*- put into the ballot box. 831* No elector shall be allowed to take his ballot Taking bauot paper out of the poll, under the penalty of being ipso facto ^Ihlmef. deprived of his vote, and further of incurring a penalty not exceeding two hundred dollars, or imprisonment not exceeding six months in default of payment. 332- No person shall, directly or indirectly, induce Exhibiting it any voter to display his ballot paper after he has marked '^^ """ the same, so as to make known the name of the candidate, for or again&t whom he has so marked his ballot paper. 333. With the exception of the case provided for in interference article 323, no person shall interfere with or attempt to""" interfere with a voter when preparing his ballot paper, or otherwise make any attempt to obtain information at the poll as to the name of the candidate for whom any voter at such poll is about to vote oi has voted. 334* Every election officer, candidate, agent and elec- secrecy as to tor in attendance at a poll shall maintain and aid in main- fo""°'' *''^"®* taining the secrecy of the voting at such poll ; and none of such persons shall communicate before the poll is closed any information as to whether any person on the list of electors has or has not applied for a ballot paper, or voted The returning officer shall, without delay, trans- certificate of mit a copy of the report to each candidate, and further to «i««"o''- the candidate elect a certificate in form ZZZ. 350. The returning officer shall accompany his return Report. to the clerk of the crown in chancery, with a report of his VI 108 proceedings, in which report, in addition to the state- ments already required, he shall make any observations he may think proper as to the state of the ballot boxes or ballot papers as received by him. Documenti to 860. The returning officer shall also transmit to the to cie^jT^ tie clerk of the crown in chancery, with his return, the lorit of M °tJ!"* "* ^'""' election, his oath of office, the commission of the election clerk and the oath of such officer, the original statements mentioned in article 361, together with the ballot papers^ the list of electors used in the several polls, and all other lists or documents used or required at such election, or which may have been transmitted to him by the deputy returning officers. etry. Mode of trans- migsoD. 861* The various transmissions required under th& four preceding articles are sent through the post office,, after being registered. They may also be made personally to the officer entitled to receive them, but without travelling expenses. Subsequent use. 868. At the next ensuing election, such ballot boxea shall be delivered to the returning officer for such election by the then custodian thereof. § 15.— RECOUNT BEFORE A JUDGE. Recount of votes 864. In casc it be made to appear, within four day» wSTwes'! "*'" after that on which the returning officer has made the final addition of the votes for the purpose of declaring the can- didate or candidates elected, on the affidavit of any cre- dible witness, to a judge of the Superior Court ordinarily discharging his duties in any judicial district in which, the electoral district or any part thereof is situate, that such witness believes that any deputy returning officer at any election in such electoral district, in counting the votes, has improperly counted or rejected any ballot papers at such election, or that the- deputy returning officer has im- properly summed up the votes, and, Deposit for costs I^ case the applicant deposits within the said time, required. "with the clerk of the court, the sum of fifty dollars, as a security, in respect of the recount, for the costs of the can- didate, appearing by the addition to be elected, the said Date of recount judge shall appoint a time, within four days after the j^d^ge!'^ *''* receipt of the said affidavit by him, to recount the votes, or to make the final addition, as the case may be. Kotice to candi- 865. The judge shall give notice in writing to the ates, etc. candidates or their agents of the time and place at which 109 lie will proceed to recount the votes, or to make such final addition, as the case may be, and shall "ummon and com- mand the returning officer and his election clerk, to attend then and there with the parcels containing the ballots Y^\^ "\'*'"' used at the election ; which command the returning officer such case. «nd his election clerk shall obey. 366. The said judge, the returning officer and his elec- PersonB present Hon clerk, and each candidate, or his agent authorized to "' "•=•""»*• attend such recount of votes, or ir case any candidate cannot attend, then not more than one agent of such can- didate, and if the candidates and their agents be absent, then at least three electors shall be present at such recount of the votes. 867. At the time and place fixed, the said judge shall rormaimeg proceed to recount all the votes or ballot papers returned Jecount? ^°' by the several deputy returning officers, and shall, in the presence of the parties aforesaid, if they attend, open the sealed packets containing : 1. The used ballot papers, which have been counted ; 2. The rejected ballot papers ; 3. The spoiled ballot papers and no other papers ; com- mencing and proceeding in alphabetical or numerical order of the polls. 868. The judge shall, as far as practicable, proceed Day and hour continously, except on Sundays and other non-juridical ""c^iJJltshaii days, with such recount of the votes, allowing only time *"'"' p'""'*- for refreshment, and excluding (except so far as he and the parties aforesaid agree) the hours between six o'clock in the evening and nine on the succeeding morning. During the excluded time (and recess for refreshments) Packages to be the said judge shall place the ballot papers and other do- adjownmentf cuments relating to the election in a sealed envelope, under his own seal and the seals of such other of the parties as desire to affix their seals, and shall otherwise take pre- cautions necessary for the security of such ballot papers and documents. 869. The judge shall proceed to recount the votes, ac- Huiea for cording to the rules set forth in article 340, and shall ve-^ote""'**' rify or correct the count of the ballot papers and statement of the number of votes given for each candidate, by decid- ing the objections without delay, and as they are made. Upon the completion of such recount, or as soon as he has Baiiot papers to thus ascertained the true result of the poll, he shall seal *^"j^'^"^" up all the said ballot papers in separate packets, and shall certiaed by the forthwith certify the result to the returning officer, who ^'"r."***" 110 shall then declare to be elected the candidate haying the highest number of votes, and, in case of an equality of Casting vote of yotes, the returning officer shall give the casting vote, in ^turtMUff j.^^ manner as provided in article 366. ofcrrwn in 370> The returning officer, after the receipt of a notice from ddlyed^^*'»"*the judge of such recount of ballots, shall delay making be a recount, j^.^ retum to the clerk of the crown in chancery until he receives a certificate from the judge of the result of such recount, and, upon receipt of such certificate, the returning officer shall proced to make his return in the form of schedule ZZZ. CoBt» of recount. 871. In case the recount or addition does not so alter the result of the poll as to afi*ect the return, the judge shall order the costs of the candidate appearing to be elected to be paid by the applicant ; and the deposit shall be paid over to the said candidate, on account thereof, so far as necessary, and the judge shall tax the costs on giving his decision ; and, if the deposit be insufficient, the party in whose favor costs are allowed shall have his right of action for the balance. § 16. — MISCELLANEOUS. Clerhofthe i vi . Crown Ml aaii- 873. The clcrk of the crown in chancer?/ ahan. retain in serve paper for his posscssiou the papers transmitted to him by any re- a certain time. ^^^^^-^g. Q^gg^ with the rctum, for at least one year, if the election or return be not contested during that time, and, if the election or return be contested, then for at least one year after the termination of such contestation. Shall give copies thereof Copies prima facie proof. Inspection of ballot papers. Granting of order. 374. He shall deliver, on application to that end and on payment of a fee of ten cents per hundred words, certi- fied copies of all writs, poll-books, reports, returns or other documents in his possession concerning any election, except of ballot papers. Each copy thus certified shall be primd facie proof before any judge, election court, or tribunal in the province. 375. No person shall be allowed to inspect any admitted or rejected ballot papers in the custody of the clerk of the crown in chancery, or to obtain the production thereof, except under a rule or order of the Superior Court or a judge thereof. Such rule or order shall be granted by such court or judge, upon evidence under oath, that the inspection or production of such ballot papers is required for the purpose of insti- tuting or maintaining a prosecution for an ofience in rela- baying the quality of ig vote, in aotice from ay making until he It of such le returning e form of lot so alter jud^e shall e elected to ill be paid f, so far as giving his ho party in is right of 1 retain in by any re- year, if the t time, and, at least one tat end and v^ords, certi- :n8 or other y election, )roof before ovince. nspect any tody of the production le Superior irt or judge, production ose of insti- nce in rela- 111 tion to such ballot papers, or for the purpose of preparing or sustaining a petition questioning an election or return. Any order, for the inspection or production of ballot conditiong of papers, may be made, subject to such conditions as to per- °"•'"• sons, time, place and mode of inspection or production, as the court or judge may think expedient, and the candidates shall be notified of the day and hour fixed for the examina- tion. Each such rule or order shall be final and without appeal ; order unai. and shall be obeyed by the clerk of the crown in chancery, to be obe ed under pain of punishment for contempt of court. ^^* * 876. The property of the ballot boxes, ballot papers, Property of and instruments used in marking ballot papers, procured paw's''""'' for or used at any election, shall be in Her Majesty. "''""' **"' 877. "Whosoever, at any time, before, during, or after penalty for the voting, shall : certain offences. 1. Deface or destroy any ballot ; or 2. Without authority, supply one or more ballot papers to any person whomsoever, or mark the same ; or 3. Destroy, take, open or manipulate, without authority, any ballot box, or parcel of ballot papers, which are or have been used at an election ; or 4. Attempt to commit any breach of the provisions of this article ; Shall incur, for each offence. If he be an election officer or other person engaged in the election, a penalty of one thousand dollars, or impri- sonment for two years in default of payment, or. If he be any other person, a fine of five hundred dollars, or imprisonment for six months in default of payment. 878. Any person, producing to the returning q0cer AuthoTUed or deputy returning officer, at any time, a written author- "«*"'• ity from a candidate to represent him at the election or at any proceeding of the election, shall be deemed an agent of such candidate within the meaning of this act. 879. A candidate may himself undertake the duties TUecandidate which any of his agents, if appointed, might have under- himsoil'*" taken, or may assist his agent in the performance of such duties. He may be present at any place in which the presence of his agent is authorized by this act. 880. "Where, in this act, any provision requires or au- Agents present. thorizes any act to be done, or implies that any act is to be done in the presence of the agents of the candidates, such : * 112 Abiono«. Rrrori and omliiioui which do not annul the •leotlon. provision shall be deemed to refer to such agents of the can- didates as may be authorized to attend, and as have, in fact, attended at the time and place where such act was done. The non-attendance of any agents or agent shall not, if the act or thing be otherwise duly done, invalidate the same. SH1» No election shall be declared invalid by reason of : 1. Non-compliance with the formalities contained in this act, as to the proceedings of the voting or the counting or summing up of the votes ; or 2. Any mistake in the use of the forms annexed to this act ; If it appear to the tribunal, having cognizance of the question, that the election was conducted in accordance with the principles laid down in this act, and that such non-compliance or mistake did not affect the result of the election. § II— -PROVISIONS APPLICABLE TO THE VARIOUS ELECTION OFFICERS. Whoihallnotbe 382. The following persons shall not be appointed dection"offioerr returning officers, election clerks, deputy returning officers, or poll clerks : 1. Members of Her Majesty's privy council, of the senate, or commons of Canada ; 2. Members of the executive council, the legislative council or the legislative assembly of this province, or of any other province of the Dominion ; 8. Ministers, priests or any ecclesiastics of any religion or religious denomination whatsoever ; 4, Judges of the Court of Queen's Bench, of the Superior Court, of the Court of Vice- Admiralty, or of the general sessions of the peace, recorders, or district or police ma- gistrates ; 6. Any person who has served as a member of the Le- gislative Assembly or Legislative Council, in the session immediately preceding the election, or in the session then being held, if the election takes place during a session of the legislature ; 6. Sheriffs, registrars, or other persons who have been found guilty by the Legislative Assembly, or by any court for the trial of controverted elections, or other com- petent tribunal, of any offence or dereliction of duty under this act. Candidate 383. No persou, who has been nominated as a candi- oannot beione. ^^^^^ ^^^ ^^ election, shall be afterwards appointed an e/»c- tion officer for such election. ofthecau* ve, in fact, was done. Inot, if the I the same. reason of: itained in B counting ced to this ice of the iccordance that such lult of the ELECTION appointed ig officers, the senate, legislative ince, or of ly religion e Superior he general police ma- of the Le- he session ssion then session of have been r by any )ther com- uty under is a candi- ed an e/«c- 118 8M4> No person wLo is, by the two preceding articles, Penalty, declared to be ineligible to act as returning officer, election clerk, deputy returning officer, or poll clerk, shall, in any case, act in any such capacity, under a penalty of one hundred dollars, or imprisonment for three months in default of payment. SHS. None of the following persons, unless they be Exemptiou. ■sheriffs or registrars, shall be obliged to act in the capacity of a returning officer, election clerk, deputy returning officer or poll clerk : 1. The professors of any university, college, seminary, lyceum or acadcr^y ; 2. Fhvsicians, surgeons or dentists ; 8. Millers ; 4. Post-masters, custom house officers or employees in the post offices or custom houses ; 6. Persons aged sixty years or over ; 6. Persons who have already served as returning officers, in 1 he preceding election. 886. No persons shall be obliged to act as deputy re- idem, of turning officer or poll clerk in any municipality in which °<"» "•'^•'»*' he is not domiciled. 887. Any persons even the sheriff or registrar, who idem, if intends to come forward as a candidate at an election, ''•°*'"*»**- shall be exempt from acting as returning officer, election clerk, deputy returning officer or poll clerk, at such election. 888. Whoever is entitled to claim the exemption Demand of granted by either of articles 385, 886 and 887 shall claim ''"•"•'"°"- such exemption within the two days after receipt of the writ of election or commission, as the case may be, by a letter setting forth the reasons for his claim, addressed to the officer who has given the commission, or transmitted the writ of election. In default of so doing, he shall be debarred from claim- ing such exemption, and be subject to the penalties pre- scribed for his refusal to accept. 880. Any person, being competent to discharge the Fenom bound office of returning officer, election clerk, deputy returning *° "*"'**''■ officer or poll clerk, shall, unless he be exempt and have claimed exemption within the prescribed delays, be obliged to accept such office, under a penalty of two hundred dollars, or of imprisonment for six months in default of payment. 9 I I 114 P«>»]tT for Ttfbiuor Okth adminis- tered by the returning SJleir or tho en, returning otBoer. Manner of giving notice. 'Who cumot be •gent. 890* Any returning officer, election clerk, deputy return- ing officer or poll clerk, who refuses or neglects to perform any of the obligations or formalities required of him by this act, shall for each such refusal or neglect bo liable to a penalty of two hundred dollars, or imprisonment for six months in default of payment, except in the cases other- wise provided for. 891. The returning officer, at any eloction, shall have the power of administering all oaths or affirmations required by this act, with respect to such election. Every deputy returning officer shall also have the power of administering such oaths and affirmations, except only such as may be required to be administered to the return- ing officer. 892. When the returning officer or the deputy returning offiper is by this act required or authorized to give any public notice, and no special mode of giving the same is mentioned, he may give tho same by advertisement, pla- cards, handbills, circulars or such other means as he may think best calculated to give information to the electors. 893. No returning officer, or deputy returning officer, or partner or clerk of either shall act as agent of any candi- date in the organization or management of his election for such electoral district, under a penalty of two hundred dollars, or imprisonment for six months in default of pay- ment. Penalty on re- 89-l« Evory returning officer who wilfully delays, ne- nerfectfn^te., g^^cts or refusos to declare elected any person entitled ta ?«te*eiM*tfd"^' ^® declared elected a member of the Legislative Assembly for any electoral district, is subject to a penalty of one thousand dollars ; the recourse at law against such returning officer for all damages sustained by such person by reason there- of being reserved to such person, in case it has been deter- mined on the hearing of an election petition, respecting the election for such electoral district, that such person was entitled to have been returned. i>»e«cription The action, however, for the recovery of such damages of anit. and fine must be commenced within one year after the commission ot the act on which it is grounded, or within six months after the conclusion of the proceeding* relating to. the contestation of the election ; in default whereof such action shall be barred. 116 ty return- ;o perform of him by liable to ent for six ises olher- 1 have the ) required the power ;cept only he rettirn' returning ► give any le same is ment, pla- as he may electors. ^ officer, or my candi- lection for > hundred alt of pay- lelays, ne- iutitled to ssembly for I thousand ling officer ison there- ►een dieter- tecting the terson was L damages after the or within ^relating ereof such $ 18. — MAINTENANCE OF PEACE AND OOOD ORDER. 895. Every returning officer and every deputy return* s*turning om. ing officer, from the time they shall respectively have taken IttuminlTmSr the oath of office until the day after the closing of the Ihe'iSiMe?" °' voting, shall be a conservator of the peace, invested with all the powers appertaining to a justice of the peace. 81#6. The returning officer, or deputy returning officer, Ma» requir. »id may require the assistance of justices of the peace, consta- SoitibiM.'" bles or other persons present, to aid him in maintaining peace and good order at such election ; he may also, on a requisition made in writing by any candidate, or by his agent, or by any two electors, swear in such special con- stables as he deems necessary. ••T- The returning officer or deputy returning officer Arreit of may arrest, or cause to be arrested, by verbal order, and '**•"''*"• placed in the custody of any constables or other persons any person disturbing the peace and good order at the election, or may cause such persons to be imprisoned, under an order signed by him, until any period not later than the close of the voting. aSI8. The reiwrmwg' Q^cer, or deputy returning officer, carrying arm* may during the nomination day and polling day, require '"'*' '"'''"■ any person, within half a mile of the place of nomination or of the poll, to deliver to him any weapon, fire-arm, sword, staff, bludgeon or other ofiiensive weapon in the hands or personal possession of such person. And every person refusing to deliver such weapons shall ^'"«' be liable to a penalty of one hundred dollars, or imprison- ment for three months in default of payment. SttOk No person, who is not domiciled within the limits idem. of a voting subdivision or ward of a city, shall be permit- ted to enter such voting subdivision or ward during the voting in such subdivision or ward, with any kind of offensive weapons whatsoever, such as fire-arms, swords, staves, bludgeons or other similar weapons. 400. All persons are alike forbidden, within the voting Hem. subdivision or ward, to arm themselves during the day of voting with any oflfensive weapon, and thus armed approach within a distance of one mile of the place where a poll is being held, unless called upon to do so by lawful authority. 401> The prohibitions mentioned in the two preceeding Exception. articles shall not apply to the returning officer, or to the 116 election derk, or to the deputy returning officer or poll clerk, or to the constables or special constables at any elec- tion. rumiihing 402. No Candidate or other person shall furnish or wide a*"' '"'" give to any person whomsoever any flag, standard, banner, distinctive colour, ribbon, signal, cockade, or anything of such nature, to the end that the same may be carried or used within the electoral district, between the eighth day before the nomination day and the day following the close of 'the voting, as a banner or party signal, distin- guishing the bearer or his followers as partisans of such candidate, or holding the same opinions or the opinions supposed to be held by such candidate. Carrying them, 40S. No pcrsou, upou auv prcteuce whatever, shall forbidden. carry any flag, standard, ensign, banner, distinctive colours, ribbon, signal, cockade, or any other similar thing, nor shall the same be used as a banner or party sign within the limits of such electoral district, from the day of nomi- nation until the day after the close of the voting. Treating, for- bidden. Penalty. Hotela to be closed. Sale of liquors forbidden. 404. No candidate shall, at any election, nor shall any other person, at the expense of such candidate, either pro- vide or furnish drink, or other refreshment, to any elector, during such election, or pay for, procure or engage to pay for, any such drink or other refreshment. 405. Every person offending against any of the provi- sions of the six preceding articles shall incur a fine not exceeding two hundred doUars.or imprisonment not exceed- ing six months in default of payment. 406. Every hotel, tavern, shop or store, whether licensed or not, in which spirituous or fermented liquors or drinks are ordinarily sold, shall be closed during the day of voting in the voting subdivisions or wards of a city in which the polls are situated, under a penalty of two hundred dollars, or imprisonment for six months in default of payment. No spirituous or fermented liquors or drinks shall be sold or given to any person whomsoever, within the limits of a voting subdivision or ward of a city, during the said period, under a penalty of two hundred dollars, or imprisonment for six months in default of payment. I 117 SECTION IV. CORRUPT PRACTICES, ELECTION EXPENSES, PENALTIES, ETC. § 1. — Corrupt practices. 40T« Any act or offence punishable under any of the corrupt practice provisions of articles 408, 410, 411, 412, 41.3, 414, 415, 4i6/«^""«»- 41t, 418, 419, 420 and 422, and also the payment of money or other valuable consideration, made to any person, to en- gage him to work, for or having worked as a convasser, shall be a corrupt practice within the meaning of this chapter and of the following chapter respecting Contro- verted Elections." 40S. 1. Every person, who directly or indirectly, by him- self or by any other person on his behalf, gives, lends or agrees to give or lend,or offers or promises any money or va- luable consideration, or promises to procure, or endeavors to procure any money or valuable consideration to or for any elector, or to or for any person on behalf of any elec- tor, or to or for any person, in order to induce any elector to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such elector having voted or refrained from voting at any election, 2. Every person who directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers or promises any office, place or employment, or promises to procure, or endeavors to procure any office, place or employment, to or for any elector, or to or for any other person in order to induce Buch elector to vote, or refrain from voting, or corruptly does any such act as aforesaid, on account of any elector having voted or refrained from voting at any election, 3. Every person, who directly or indirectly, by himself, or by any other person on his behalf, makes any gift, loan, offer, promise, procurement or agreement as aforesaid, to or for any i)erson, in order to induce such person to pro- cure or endeavor to procure the return of any person to serve in the legislative assembly, or the vote of any elector at any election, 4. Every person who, upon or in consequence of any such gift, loan, offer, promise, procurement or agreement, procures, or promises or endeavors to procure the return of any candidate to the legislative assembly or the vote of an elector at any election, Oift, loan, valuable oon- sideration. Ac, to induce to vote, or refrain ftom voting. (lift, or proiniae of omce. (ftc.j with same view. Same acts to promote an election. Work at such election by reason of such acti. Adyance and payment of money to cor- rupt. Bribery. 118 6. Every person who advances or pays, or causes to be paid any money to, or to the use of any other person, with the intent that such money or any part thereof shall be expended in bribery, or corrupt practic«s, at any election, or who knowingly pays or causes to be paid any money to any person in dischargee or repayment of any money wholly or in part expended in bribery or corrupt practices at any election, Shall be deemed guilty of bribery and shall be punish- able accordingly. Legal expensei. 400. Nevertheless, the actual personal expenses of any candidate, his expenses for professional services really rendered, and reasonable sums paid in good faith for ne- cessary printing and advertisements, shall be deemed to be expenses lawfully incurred, thepayment whereof shall not constitute a breach of this act. j^ggwta°4c^," 41 0. 1. Every elector who, before or during any elec- tetoe or dtttingti on, directly or indirectly, himself or by any other person nXX' Gi6CtiOn< i*iiir* • tin on his behalf, receives, agrees or contracts lor any money, gift, loaii or valuable consideration, oflB.ce, place or employ- ment, for himself or any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting, at any election, 2. Every person, who, after any election, directly or in- directly, nimself or by any other person on his behalf, receives any money, gift, loan, or valuable consideration, ofl&ce, place or employment, for having voted or refrained from voting, or having induced any other person to vote or refrain from voting at any election. Shall be deemed guilty of bribery and shall be punish- able accordingly. Or, after an election. Bribery Bribery in relation to a Candida' e. 411. Whosoever, to induce a person to allow himsislf to be nominated as a candidate, or to refrain from becom- ing a candidate, or to withdraw if he have so become, 1. Shall give or lend monev, or valuable consideration whatever, or shall agree to give or lend, or shall offer or promise, or shall promise or try to procure for such person, or for any other person, money or valuable consideration whatever, or 2. Shall give or procure any office, place or employ- ment, or shall agree to give or procure, or shall offer or promise, or shall promise to procure or endeavor to pro- cure such office, place or employment for such or any other person, Shall be deemed guilty of bribery and punishable ac- cordingly. 119 419. Whosoever, in consideration of any gift, loan, offer, Becewng promise or agreement, as mentioned in the preceding noTuTb^fJ^ ** article, shall allow himself to be nominated, or refuse toS^b^^'*** allow himself to be so nominated, or shall withdraw if he has been so nominated, shall be deemed guilty of bribery and be punishable accordingly. 418. Any candidate or his agent who takes any bet or w«ger« wager concerning, or in relation to any election, with a ^°"»'^'**"- qualified elector shall, as shall also such elector, be deemed guilty of bribery and shall be punishable accordingly. 414. Any person guilty of anv of the acts of bribery Penalty. mentioned in articles 408, 410, 411, 412 et 41^, shall be liable to a penalty of two hundred dollars, or imprison- ment for six months in default of payment. 413. Every candidate, who corruptly, by himself or bv Treating by a • ,1 •' 1 iU 1. •' candidate. or with any person, or by any other ways or means on his behalf at any time, either before, during or after any elec- tion, directly or indirectly, gives or provides, or causes to be given or provided, or is accessory to the giving or providing, or pays wholly or in part any expenses incur- red for, any meat, drink, refreshment or provision to or for any person, in order to be elected or for being elected, or for the purpose of corruptly influencing such person or any other person, to give or refrain from giving his vote at such election, shall be deemed guilty of the offence of Penalty, treating and shall be liable to a penalty of two hundred dollars, or imprisonment for six months in default of payment. On the trial of an election petition, there shall be struck voteartpuekoo. off, from the number of votes given for such candidate, one vote for every person who shall have so voted, and is proved on such trial to have corruptly accepted or taken any such meat, drink, refreshment or provision. 416. The giving, or causing to be given, to any elector Treating. on the nomination day or day of voting, on account of such elector having voted or being about to vote, any meat, drink or refreshment, or any money or ticket, to enable such elector to procure refreshment, shall be deemed an unlawful act ; and whosoever shall have been guilty penalty, of such unlawful act shall for each offence be liable to a penalty of ten dollars, or emprisonment of one month in default of payment. 417. 1. Every person, who directly or indirectly, by him- Undue in. «elf or by any other person on his behalf, makes use of, or*"*"""' 120 Penalty. Subornation. Penalty. FerBonation. Fenaltir. Conveyance of Voters. threatens to make use of any force, violence or restraint^ or inflicts, or threatens the infliction by himself, or by or through any other person, of any injury, dama*?e, harm or loss of employment, or in any manner practices intimida- tion upon or against any person, in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, and 2. Every person, wrho, by abduction, duress, or any frau- dulent device or contrivance, impedes, prevents, or other- wise interferes with the free exercise of the franchise of any elector, or thereby compels, induces or prevails upon any elector either to give or refrain from giving his vote at any election. Shall be deemed to be guilty of the offence of " undue influence," and shall be punishable accordingly by a penalty of two hundred dollars, or imprisonment for six months in default of payment. 418. Every person, who, in any manner, induces or con- strains, or attempts to induce or constrain any one to take a false oath, in any matter in which an oath is required in virtue of the present act, shall, for the purposes of this act, over and above any other punishment to which he may be liable for such offence, be liable to a fine of two hundred dolh\rs, or an imprisonment of six months in default of payment. 419. 1. Whosoever, during the voting at an election, applies for a ballot paper, or presents himself to vote, in the name of some other person, whether such name be that of a living, dead, or fictitious person, 2. Whosoever, having already voted at an election, ap- plies during the same election for another ballot paper in his own name or presents himself again to vote, 8. Whosoever aids, incites, counsels or facilitates the commission, by any person whomsoever, of any infraction of the provisions of this article. Shall be deemed to be guilty of the off*ence of per- sonation and shall be punishable accordingly by a. penalty of five hundred dollars, or imprisonment for six months in default of payment. {See article 56 of City Charter). 420. Th?. hiring or promissing to pay or paying for any horse, team, carriage, cab or other vehicle, by any candidate or by any other person on his behalf, to convey electors to or from the poll, or to or from the neighborhood thereof, at any election, or the payment by any candidate, or by any person on his behalf, of the travelling and other 121 expenses of any elector, in going to or returning from any election, are unlawful acts. And whosoever so offends shall be liable to a fine of one penalty. hundred dollars, or imprisonment for three months in default of payment. 421* Whosoever lets or takes to hire any horse, cab. Hiring of cart, waggon, sleigh, carriage or other conveyance for any '"'•*'*''*•• candidate or for any agent of candidate, for the purpose of conveying electors to or from the polls, shall, for every such offence, be liable to a penalty of one hundred dollars. Penalty. or imprisonment for three months in default of payment. i 4SS2. Saving the case of article 338, no person shall be obugation to in ° . ■• i 't 1 • • answer. excused from answering any question put to him in any action, suit or other proceeding in any court, or before any judge, commissioner or other tribunal, touching or concerning any election, or the conduct of any person thereat, or in relation thereto, on the ground that the answer to such question tends to expose him to any pro- secution or condemnation under this act. But no answer given by any such person shall be used Protection, to his prejudice in any civil proceeding against such person, if the judge, commissioner, or court have given to the witness a certificate that he claimed the right to be excused from answering on the aforesaid ground, and made full and true answer to the satisfaction of the judge, commissioner or court. 423« Every elector who,at any election, shall have been loss of rigut guilty of any corrupt practice, or who shall have been a *° ''°*^" party to the commission of such act, shall, ipso facto, be deprived of his right to vote at such election. 424. At the trial of any election petition, one vote for votes struck otf each person proved to have voted, after having been guilty of any corrupt practice, at the instigation of the candidate, of any of his agents, or of any other person acting in the name or in the interest of such candidate, shall be struck from the number of votes given in favor of such candidate. 425. Every contract, promise, or undertaking, in any Nuiutyofcer- way referring to, arising out of, or depending upon, any*"'""''"'*'^*"^'- election under this act, even for the payment of lawful expenses, or the doing of some lawful act, shall be void in law. But this provision shall not enable any person to recover proviso. back any money or other consideration paid for lawful expenses connected with such election. Default. 122 sommons to a 4*1» Whenever it appears to the court or judge trying ^BtohwebTeon *^ electiou petition that any perpon has contravened any gniity. of the provisions of this act, such court or Judge may order that such person be summoned to appear before such court or judge, at the place, day and hour fixed in the summons for hearing the charge. 4312. If, at the time fixed by the summons, the party summoned does not appear, he shall be condemned, on the evidence already adduced on the trial of the election peti- tion, to pay such fine or undergo such imprisonment in default of payment to which he may be liable for such contravention, in conformity with article 456. 433. If, on the contrary, the party so summoned does appear, the court or judge, after hearing such party and such evidence as may be adduced, shall give judgment according to law and justice. 434. All fines recovered under the three preceeding articles, shall belong to Her Majesty, and form part of the consolidated fund ottlie province. 435. No fine shall be imposed under article 482 and 488: 1. If it appears to the judge or court that the party has already been sued for the same offfence ; or 2. tf the evidence or admission of the offender is the only proof of the offence. Appearance. Decision. To whom tlie penalties belong. When no penalties are incurred. FORMS. M {See sec. 61 of City Charter.) Commission of a deputy returning Officer, To {give name, occupation and residence^ Know you that, in my capacity of chairman of the board of revisers, I have appointed, and do hereby appoint you deputy returning officer, for poll number of the electoral district, in the ward of the city of Montreal, to act in that capacity according to law, at the election of mayor {or Alderman, as the case may be,) to be held in the said city {or ward, as the case may he, stating the particular ward in which the election is to take place), on the day of the month of Griven under my hand, at Montreal, day of the month of (Siguatuye,) 128 CO Pi i o CO CO ••g o CO n fe •» c« 1-3 O o (C o (Z4 to •sJiaBuiay; iBjauag • 'jaoQjo duiujniaj Xindap aqi jo pi« aqi qjiAV paj«daad saadvd ion«g •auiBu Jiaqi in peijOA aAwq waqio jaijB SiiiiOA wopatg •aaAi8 8810A •UOIIBOIJTJJB JO qiBO aqvoiier oi Suisnjaa uaiOA 'pauiJige jo uJOMg •snoipafqo •siuBdnooo JO sjuBuax -6J3UJUO ll fl m •aonednooo Jiaqx 1 Names of thb Voters. •BjaiOA JO jaqm "N 124 a Oath of Voters. {See sec. 66 of City Charter & 818 of the R. S.) You swear that you are the person named and described in the list of voters now shewn to you ; {reading to the voter the name, occupation and residence, as entered in the book) that you are of the full age of twenty-one years, that you have not already voted at this election ; and that you have not received any thing, nor has any thing been promised to you, either directly or indirectly, in order to induce you. to vote at this election ; So help you God. «i i*«iKtnjut.Jit Q FORM MENTIONED IN ARTICLE 294. Oath of Deputy Returniny Officer. I, the undersigned, Q-. H., appointed deputy returning officer for the voting subdivision of (description of the voting subdivision) in the elec-^ toral district of solemnly swear {or if he be one of the persons permitted by law to affirm in civil cases, solemnly affirm), that I will act faithfully in my said capacity, without partiality, fear, favor or affection : So help me Grod. {Signature) a. H., Deputy Returning officer. 126 E FORM MENTIONED IN ABTIOLB 294. Certificate of a Deputy Returning Officer having taken the Oath of Office. I, the undersigned, hereby certify that on the day, of the month of 18 , G-. H., deputy returning officer for the voting subdivision of (description of the voting subdivision), in the electoral district of took and subscribed before me the oath {or affirmation) of office required in such case of a deputy re- turning officer by the Quebec Election act, article 294 of the Revised Statutes of the Province of Quebec. In testimony whereof, I have delivered to him this cer- tificate under my hand. {Signature), C. D. Justice of the Peace. or A. B., Returning officer. S FOBAf MENTIONED IN ARTICLE 802. Commission of a Poll Clerk. To I. J., {insert his legal addition and residence). Know you, that in my capacity of deputy returning officer for the voting subdivision of {description of the voting subdivision) in the electoral district of , I have appointed and do hereby appoint you to be poll clerk for the said voting subdivision of {description of the voting subdivision in the electoral district of Q-iven under my hand, at , this day of the month of , in the year {Signature,) &. H. Deputy Returning Officer. 126 y T FORM MENTIONED IN ARTICLE 804. Oath of a Poll Clerk. I, the undersigned, I. J., appointed poll clerk for the voting subdivision of (descripiion of the voting subdivision) in the electoral district of , do solemnly swear {or if he be one of the persons permitted bp law to affirm in civil cases, do solemnly affirm,) that I will act in my said capacity of poll clerk, and also in that of deputy returning officer, if required to act as such, aeoording to law, faith- fully, without partiality, fear, favor or a^cti<»i : Qo. held me Q-od. {Signature,) I. J., Poll Clerk. U FORM MENTIONED IN ARTICLE 304. Certificate of the Poll Clerk having taken the oath. I, the undersigned, hereby certify, that on the day of the month of 18 I. J. poll clerk for the voting subdivision of {description of voting subdivision) in the electoral district of took and subscribed before me the oath (or affirmation) of office required of a poll clerk, in such case, by the The (^ebec Election Act, article 804 of the Bevised Statutes of the Province of Quebec. In testimony whereof I have delivered to him this certi- ficate under my hand. {Signature), CD. Justice of the Peace. Off A. B., Betuming Officer. or, Gt. H., Deputy Returning Officer. lift t FORM MENTIONED IN ARTICLE 80*7. Commission of a Poll Clerk, by Poll Clerk acting as Deputy Returning Officer. To of {insert his residence and occupation). Know you, that in my capacity of acting deputy return- ing officer for the voting subdivision of in the elec- toral district of , in consequence of the decease (or incapacity to act as the case may be) of the deputy return- ing officer for the said voting subdivision, whose poll clerk I was, I have appointed and do hereby appoint you to be poll clerk for the voting subdivtiion of , in the electoral district of Given under my hand, at the year, 18 this day of {Signature), I. J., im this certi- PoU Clerk, acting as Deputy Returning Officer. The oath and certificate of its having been taken will be the same as in the case of a Poll Clerk appointed by the Deputy returning officer. w FORM MENTIONED IN ARTICLE 812. Oath of Agent of a Candidate, or of Elector representing a Candidate. I, the undersigned, Q-. H., Agent for {or Elector represent- ing) J. K., one of the candidates at the election now pend- ing for the electoral district of , solemnly swear {or if he be one of the persons permitted by law to affirm in civil 128 cases, solemnly affirm,) that I will keep secret the names of the candidates for whom any of the voters at the poll in the votinf^ subdivision of in the electoral district of may hare marked his ballot paper in my pre- sence, at this election . So help me God. (Sigriature) Sworn {or affirmed) before me, at this day of {Signature), A. B., Deputy Returning Officer or, C. D., Justice of the Peace. J. H. ■• 129 FORM MENTIONED IN ARTICLE 300. BAUiOT PAPER. QO I I M § 1 2 3 4 DUREAU. (Jean Bureau, of the town of Sorel, coun- ty of Richelieu, mer- chant.) METJNIER. (Joseph Meunier, of the city of Montreal, 10, Fontaine street, physician.) RICHARD. (Antoine Richard, of the parish of St. Henri, county of Le- vis, farmer.) RICHARD. (Joseph Richard, of the town and county of Levis, ad- vocate,) 10 J -a m 180 9 «' :s a 0) rrt U CO 4) IH « 5 a2 ^v fo ^^ s I 181 The ballot paper shall he perforated hy a line of points, along the line of black points. The names of the candidates shall be entered vn the ballot paper , as in the nomination paper. There shall be no margin on the left of the ballot paper- Tlie elector is supposed to Jiave marked his ballot paper in favor of Antoine Richard. DIRECTIONS FOB THE GUIDANCE OF ELECTORS IN VOTING. The elector is to vote only for one candidate. The voter will go into one of the compartments, and with a pencil there provided, place a cross opposite the name of the candidate for whom he votes. The voter will then fold the ballot, so as to show a portion of the back only, and also in such manner as to permit the annex to be detached without unfolding the ballot paper; he will then deliver the ballot paper so folded to the deputy returning officer, who will place it in the ballot box, aner having detached the annex. The voter will then forwith quit the poll. If a voter inadvertently spoils a ballot paper, he may return it to the proper officer, who, on being satisfied of the fact, will give him another. If the elector vote for more than one candidate, or place any mark on the ballot paper, by which he can be after- wards identified, his vote shall be void, and not counted. If the voter take a ballot paper out of the poll or frau- dulently put into the ballot box any other paper than the ballot paper given him by the deputy returning officer, he will be subject to be punished by a fine of five hundred dollars, or imprisonment for six months. ttl FORM MENTIONED IN ARTICLE 34'7 Oath of messenger sent to collect the ballot boxes. I, J. B., of , messenger, appointed by A. B., returning officer for the electoral district of in the province of Quebec, do solemnly swear that the several boxes , to the number now delivered by me to such returning officer, have been handed to me by the sevreral deputy returning officers at the present election for this electoral district {or by, here insert the names of the deputy returning officers who have delivered said boxes) ; that they have not been opened by me, nor by any other person and that they are in the same state as they were when they came into my possession, {Should any change have taken place, the deponent sJiall vary his deposition by fully setting forth the circumstances). {Signature), Sworn {or affirmed) and subscribed ) before me, at this > day of , in the year 18 ) J. B., {Signature), or. X. Y., Justice of the Peace. A. B., Returning officer. or, G.H., Deputy Returning Officer. 188 FORM MENTIONED IN ARTICLE 348. Oath of the Deputy Returning Officer after the closing of the Poll. I, the undersigned, deputy returning ofl&cer, for the voting subdivision of , in the electoral district of do solemnly swear {or, if he be one of the persons permitted by law to affirm in civil cases, do solemnly affirm), that to the best of my knowledge and belief, the poll book kept for such voting subdivision, under my direction, has been so kept correctly ; and that the total number of vot^s polled in the book is ; and that, to the best of my knowledge and belief, it contains a true and exact re- cord of the votes given at the poll in this voting subdivision, as the said votes were taken thereat ; that I have faithfully counted the votes given for each candidate, in the manner by law provided, and performed all duties required of me by law, and that the report, packets of ballot papers, and other documents required by law to be returned by me to the returning officer, have been faithfully and truly pre- pared and placed within the ballot box, as this oath {or affirmation) will be, to the end that the said ballot box, being first carefully sealed with my seal, may be trans- mitted to the returning officer according to law. (Signature) G-. H., Deputy Returning Officer, Sworn before me, at this day of! . 18 (Signature), X.Y., Justice of the Peace. or A. B., Returning officer. 9r I- Jm Poll Clerk. 184 ZZ FORM MENTIONED IN ARTICLE 848. Oath of the Poll Clerk after the closing of the Poll. I, the undersigned, poll clerk for the voting subdivision of , in the electoral district of do solemnly swear (or, if he be one of the persons permitted bi/ law to affirm in civil cases, do solemnly affirm) that the poll book in and for this voting subdivision, kept nnder the direction of G-. H., who has acted as deputy returning offi- cer therein, has been so kept by me, correctly and to the best of my skill and jugdment ; and that the total number of rotes polled in this book is ; and that, to the best of my knowledge and belief, it contains a true and exact record of the votes given at the poll in this voting subdivision, as the votes were taken at this poll by the deputy returning officer. {Signature, Sworn {or affirmed) and signed before me, at this day of the month of in the year 18 {Signature), X.Y., I. J. Poll Clerk. \ or or Justice of the Peace. A. B. Returning officer. a. H., Deputy Returning Officer. 186 ZZZ FORM MENTIONED IN ARTICLES 358 AND 370. Certificate of Election. I hereby certify that the member elected for the electoral district of , in pursuance of the writ of election as having received the majority of votes law- fully given, is A. B., etc., {namen, &c., as in the nomination paper). (Signed), A. B., Returning Officer.