IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 1^128 125 Ui Uii 12.2 ^ tiS. 12.0 •yuu K ■L25 gii 1.4 1.6 ^%fc / ^>V ^4 ^j>- .^^ O;,^^ /^ Photographic Sciences Corporation 23 WIST MAIN STRUT WiBSTIR.N.Y. 145M (716)t72-4$03 .^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Irstituta for Historical IMicroreproductions / Institut Canadian da microreproductions historiquas Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibllographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D D D D D Coloured covers/ Couverture de couleur I I Covers damaged/ Couverture endommag^e Covers restored and/or laminated/ Couverture restaurie et/ou pellicuite I I Cover title missing/ Le titre de couverture manque I I Coloured maps/ Cartes gdographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) I I Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Reli6 avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La re liure serr6e peut causer de I'ombre ou de la distortion le long de la marge int^rieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajouties lors d'une restauration apparaissent dans le texte, mais. lorsque cela itait possible, ces pages n'ont pas M filmtes. Additional comments:/ Commentaires supplAmentaires: L'Institut a microfilm^ le meilleur exemplaire qu'll lul a 6t4 possible de se procurer. Les details de cet exemplaire qui sont peut-Atre uniques du point de vue bibliographique. qui peuvent modifier une image reproduite, ou qui peuvent exiger una modification dans la m6thode normale de filmage sont indiquis ci-dessous. r~1 Coloured pages/ D D Pages de couleur Pages damaged/ Pages endommagies Pages restored and/oi Pages restauries et/ou peliiculAes Pages discoloured, stained or foxe< Pages d6color6es, tachei^es ou piqudes Pages detached/ Pages d6tach6es Showthrough/ Transparence Quality of prir Qualit^ in^gaie de I'impression includes supplementary materii Comprend du materiel suppiimentaire I I Pages damaged/ I I Pages restored and/or laminated/ r~T| Pages discoloured, stained or foxed/ I I Pages detached/ r^ Showthrough/ I I Quality of print varies/ r~n includes supplementary material/ Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refiimed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata. un? pelure. etc.. ont 6t6 filmies A nouveau de fapon A obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ce document est fllmA au taux de reduction indiquA ci-dessous. 10X 14X 18X 22X 26X »X /^ 12X 16X 20X 24X 28X 32X Th« copy filmad h«r« has b««n raproduecd thanks to tha ganarosity of: Seminary of Quebec Library L'axamplaira film* fut raproduit grica k la g^nirositA da: S^mlnaire de Quebec Bibliothdque Tha Imagaa appaaring hara ara tha bast quality poaslbia eonsldaring tha condition and lagiblllty of tha original copy and in kaaping with tha filming contract spaciflcationa. Original copias in printad papar oovara ara filmad baginning with tha front eovar and anding on tha last paga with a printad or iliustratad impras- sion, or tha back eovar whan appropriata. All othar original copias ara filmad baginning on tha firat paga with a printad or iliustratad impras- sion, and anding on tha laat paga with a printad or illuatratad impraaaion. Tha last racordad frama on aach microficha shall contain tha symbol — ► (moaning "CON- TINUED"), or tha symbol y (moaning "END"), whichavar applias. Las imagas suivantas ont «t< raproduitas avac la plus grand soin, compta tanu da la condition at da la nattat* da l'axamplaira filmA, at an conformity avac las conditions du contra: da filmaga. Laa axamplairaa originaux dont la couvartura •n papiar aat imprimte sont filmte mn commandant par la pramiar plat at an tarminant soit par la darnlAra paga qui comporta una amprainta d'Impraasion ou d'illustration, soit par la sacond plat, salon la caa. Tous las autras axamplairaa originaux sont filmte an commandant par la pramiira paga qui comporta una amprainta d'impraaaion ou d'illustration at an tarminant par la darnlAra paga qui jomporta una talla amprainta. Un daa symbolaa suivants apparaftra sur la darniAra imaga da chaqua microficha, salon la caa: la aymbola — ^ signifia "A SUiVRE", la aymbola ▼ signifia "FIN". Mapa, plataa, charta, ate, may ba filmad at diffarant raduction ratioa. Thosa too larga to ba antiraly ineiudad in ona expoaura ara filmad baginning in tha uppar laft hand comar, laft to right and top to bottom, aa many framaa aa raquirad. Tha following diagrams lllustrata tha mathod: Laa cartaa, planchas, tablaaux, ate, pauvant Atra filmto k das taux da rMuction diff^rants. Lorsqua la documant aat trop grand pour Atra raproduit an un saul clichA, ii ast film* A partir da I'angla sup4riaur gaucha, da gaucha i drolta, at da haut Bn baa, an pranant la nombra d'imagaa nteaasaira. Las diagrammas suivants illustrant la mAthoda. 1 2 3 1 2 3 4 • 6 -A.]Sr A.OT TO AMEND THE ACTS RELATING TO THE CORfcATlON OF THi CITY OF MONTRML AND FOR OTHER PURPOSES. 2r A. a§ VICT., CAP. 60. QUEBEC: F'RINTED BY GEORGE DESBARATS AND MALCOLM CAMERON, Printer to the Queen's Most Excellent Majesty. 1864. An M ANNO VICESIMO-SEPTIMO & VICESIMO-OCTAVO VICTORIyE REGINiE. CAP. LX. An Act to amend the Acts relating to the Corporation of the City of Montreal, and for other purposes. [Assented to SOth Jtme, 1864.] WHEREAS the Corporation of the City of Montreal have by their petition represented that in consequence of the rapid extension of the City of Montreal, it has become neces- sary to make out a general plan of the said city, and to lay out, fix and determine the public streets and squares opened or to be opened, continued, extended or widened, within the limits of the said city, and for that purpose to vest in the said city, incorporated under the name of the Mayor, Aldermen and Citizens of Montreal, more ample powers than those conferred upon the said city by its Act of Incorporation, and the acts amending the same ; and whereas much difficulty is often ex- f>erienced in the carrying out of the laws now in force re- ating to the expropriations, for the purposes of public utility, and the delays and loss of time consequent upon the defective working of the said laws ; and whereas it is expedient to make certain changes and modifications in the municipal adminis- tration of the said city : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : GENERAL PLAN OF THE CITV OF MONTREAL. 1 . It shall be lawful for the said corporation, at any time, to cause public streets, highways, places and squares, within the whole extent of the limits of the said city, to be laid out, fixed and determined, at the city's expense, under the direction and supervision of the Road Committee and the City Sutveyor, and «!»• to give 0. name to each of the sniil public strcofs, liigljways, places, and squares ; and (or that purpose the said corporation may employ a sufficient number of surveyors or other competent persons who shall, with all due diligence, proceed to lay out, fix and determine, under the direction and supervision afore- said, and under as uniform a system as circumstances may admit, such public streets, highways, places and squares, of such dimension, width, and extent, as may appear to them most desirable for the public interest ; Provided any such high- way or street shall not be less than forty feet in widtii. 9. The said surveyors or other persons employed in the exercise of the duties assigned to them, in and by the prece- ding section, may, and tiiey are liereby autliori/ed to, enter in day-time upon any property or real estate within tiie limits of the said city ; they shall, under the direction and supervision aforesaid, make out plans or maps indicating the streets, higli- ways, public places, and squares now existing, as well as those wliieh they shall lay out and determine, by and in virtue of the present Act ; and they shall designate upon the said plans or maps, the new lines of the streets or sections of streets, public highways, places and sciuares, that the said corporation may have resolved to widen, in tiie interest of the public; and they arc hereby enjoined to place solid and durable bi)undary-slones at each angle or corner of the new streets and public squares, and places by them laid out and established ; which said boundary- stones shall be shewn upon the said plans or maps. 3. It shall be lawful for the said corporation to cause the said streets, public highways, places and stjuares to bo laid out, and the plan or map thereof to he made for each ward separately, according to tlie prest nt division of the city, begin- ning by such ward as may be deeiiud advisable ; but the plans or maps of the different wards of the said city sliall be so made as to correspond witli each other in such a manner as that, when completed, tliey shall make but one and the same plan, to be known as " The General Plan of the City of Mon- treal." 4. When the plan or map for any one of the wards of the said city shall be completed, the said corporation, by their attorney and counsel, shall apply, by summary petition to the Superior Court for Lower Canada, in the District of Montreal, to obtain the confirmation and ratification of the said plan or map, after having given public notice of the day and hour at which such petition shall be so presented in four newspapers, two of which published in tlie French language and two in the English language in the said city ; provided that the said notice shall have at least two insertions in each of the said four newspapers, and that one month at least shall elapse between the date of the last insertion of the said notice, and that of the presentation of the said petition; the same formalities shall be obser| saul 3. said the si upon] damf of an| the sa street O immt tary «l corpo and r shall sited wore! " da: 7 all! said into squi of 1 wic pro prii 1 sqi pU th< so sc ai I**. Itigliwavs, id corporaljon '"T competent ;ve full power and authority to order, l>y resolutions, the openings extending or widening of streets, |)ul)lic highways, places or scpiarcs, or the construction of pul>lic l)uildings, and to inder at the same time that such improvement shall he made out of the city funds, or that the cost thereof shall be assessed in whole or in part, upon the pieces or parcels of land belong- ing tt) parties interested in, or beneliled by the said improve- ment, and to purchase, ae, or as a site for any public i)uilding to be erected by the saiil Ooimcil. 12. All corporation;? or bodies, anil all husbands, tutors, guardians, curators grevi's de sitbsfilulhn or trustees, who are or .shall be seized or poss(>ssed of, or interested in any piece or pieces, lot or lots of ground or real property within the said city, selected and fixed upon by the said Council for any of the purposes aforesaid, may not only lor themselves, but for and on behalf of all persons wiiorn the represent, or for whom or in trust for whom they are, or shall be seized, jjossesscd or inter- ested, whether minors, issue unborn, lunatics, idiots,/e/M'S»,'ot'fr^ or other persons, contract for, sell and convey such |)iece or pieces, lot or lots of ground orreal property to the said Corpora- tion ; and such contracts, sales and conviiyances shall be valid and effectual in laAV, to all intents and purposes whatsoever, any law or custom to the contrary notwithstanding; and all corporations and persons whatever, so contracting, selling or conveying as aforesaid, are hereby indemnified for and in res- pect of such sale or cession which he, she, or they shall res- pectively make by virtue of or in pursuance of this Act, without however diminishing, in any manner whatever, the ■•■NT. ''. ^'My-iiimfi, i'f< ')f J/if ^rt ''■''•endi years tH'enfy.eig}„^ '''»"• ycnrof »Wcniy.cig|,f '"ri(((ir,s or ."•ToVl'i^/il,.- 'c Ncpiares, ilarging or *< a site for '!•''> I mors, > wild are V piece or tlie said my of the lor and om or in or inter- I's covert piece or ^'orjjora- 1^1! valid 1 soever, and all lling or ■ in res- lall res- « Act, ■er, the responsibility of sucii corporations and persons towards tiioso whom they represent, as regards the purcliasc money or com- pensation of such sales or eonvcyances. / 13. In case the council of the said city, after having rc:iol- ''^ved Upon undertaking and carrying out any of the said works or improvements for which it lias been necessary to acquire one or more lots of ground or real propc^rty, or any part of such lots of ground or real property, within tlic limits of the said city, cannot come to an amicable arrangement with the per- sons seized or possessed of, upon any title whatsoever, or in- terested in, the said lots of ground or real property, or any part thereof, or who may bo absent or unknown, as regarcla the price or conviensation to be paid for the said lots of ground or leal I roperty. or any part thereof (the said corporation, how- ever, filiull net bi' Itound to take any step or proceeding towardu secaring such amicable arrangement), such • rice or compen- sation shall be iixed and determined in the ♦bllowing manner, to wit : 1. Tiie .'orporaJion of the said city, by their attorney o counsel, sliall give special notice addressed through the Post OlHce to the person in whose name the property was lastly assessed on the Ass(^'ssniept Roll, as proprietor at his actual or last known domicile arid shall also give public notice in at least two newspapers, one ofwliieii ptiblished in the French and the other in tlie English language, in the said city, which said notice shall have two insertions in each of the said news- papers, that they will by and through their said attorney and counsel present on the day and hour mentioned in the said no- tice, to tlio Superior Court of Lower Canada, in and for the District of Montreal, -fitting in term, or to any of the Ji^ I V V, /^ 8 'I 2. The court or judge, as tlie case may be, to whom the said petition shall have been presented, shall appoint three com- missioners as aforesaid, and fix the day on which the said commissioners shall begin their operations, and also the day on which they shall make' their report ; provided always, it sHatllje lawful for the said court, or the said juge, to extend the said delays upon reasonable grounds being shown to that effect ; 3. The judgment embodying the said appointment shall be served, with as little delay as possible, upon the said commis- sioners, who shall bo iiold to accept the said office and to perform the duties thereof, under the penalty of a fine of one hundred dollars, whicli it shall be competent for the said Supe- rior Court to inflict upon each of the said commissioners upon proof of his, or their, refusal or neglect to perform the said duties; but the exemptions provided for, in behalf of certain persons, by the second section of chapter eighty-four of the con- solidated statutes for Lower Canada, relating to Juries, shall apply equally to any of tiie said commissioners, wlio may ap- pertain to any one of the clashes of persons mentioned in the said last cited section ; 4. Immediiilely after the appointment of the said commis- sioners, it shall be the duty of the city surveyor to furnish them with a j)lan or map shewing tiie proposed improvement, as also the pieces or parcels of ground or real estat(.' to be expropriated ; 5. The said commissioners, before proceeding, shall be duly sworn before the Prothonotary of the said Superior Court in the form specified in the annexed schedule, marked A ; and tiiey shall be vested with the same powers and entrusted with the same duties as arc confrrred by the laws in force in Lower Canada upon experts in reference to appraisements ; and tliey shall be entitled to receive a remuneration not exceeding four dollars per day each, during the whole time they shall of neces- sity be occupied in the performance of the said duties; 6. The said commissioners may, if they deem proper, call upon the proprietors or parties interested, to give them commu- nication of their Ihle deeds ; and upon their failing to comply with such demands I'le said commissioners are hereby autho- rized to procure copies of the said title deeds at the cost of the said proprietors or parties interested; and the amount of said costs shall be deducted from tiie price or compensation to b(; finally awarded to the said proprietors or parties interested for the expropriation; 7. It shall be the duty of the said commissioners to diligently proceed to appraise and determine the amount of the price, in- demnity or compensation which they shall deem just and rea- sonable for each of the pieces or parcels of land or real estate. l\ie TTtyl andf pric«| lane ted hav^ timo reqvi yiioni tJio said omt three com- t'^ ' f''e said 7 also the day ded aI^vays^;i; '&'«. to extend siJowii to that "^e«t shall be said coinmis- oftce and to ;^ fi"e of one '"'.sa.dSupc. ssjonors upon >"« the said aJi ol certain jrofthecon- V"''>s, shall 7'<) may an. "'"t'd in the 9 id t^ortimis- fJ'"'sh i/iem ^^«N as also P'opriated ; ^'^ 'w duly ouri in the ' and they ! ^yith the m Lowci' and thoy 'i'ng four "f neces- 't-'i', call f^omnm- comply autho- it of the of said n to be 'ted for ?ejiily 'G, in- J rea- statc. tlic exproprialion wliercof shall liavc been resolved upon by the "(City Council or lor tlie damages caused by such expropriations ; ,'lty V^V/lAlIVyll *'l *'-'l III*- MtAlllCtg' and the same comniissioners may act and adjudicate upon the price or compensation for all and every the pieces or parcels of land or real estate, buildings or parts of buildings thereon erec ted required for any improvement which the said council may have ordered to be made or carried out at one and the same time; and the said commissioners are hereby authorized and required t^o hear the parlie s and to examine and interrogate their witnesses, as well as the'mcmbers of the city council and the witnesses of the said corporation ; but tlu; said examination and interrogatories shall be made viva voce and not in writing, and shall consequently not form part of the report to be made by the said commission(^rs, any law, usage or cusloin to the contrary notwitiistanding ; provided always, that if in the discharge of the duties devolving on the said commissioners by virtue of the present Act, there should occur a diflcrence of opinion between them as to the value of the piece of land or real estate about to be expropriated, or upon any other .juestion within their pro- vince, the decision of two of the said commissioners shall have the same force and cflect as if all the said commissioners had concurred therein ; 8. In every case wiicrein the corporation of tli(> said city may have resolved to carry out and (!X(>eute any of the works or im- provements afon'said, at the city's expense exclusively, the sard commissioners shall be held to determine and award when the expropriation shall apply to or allect but a portion of the pro- perty or real estate, what may be tiie damage U) or deterioration in value of the residue oftlu; property or rcaTcstate by tlie separation from it of the part retiuiied by the said corporation, and they shall determine, lirst, the intrinsic value of the part ol the properly and premises to be taken, and, secondly, the in- creased value, if any, of the residue of the projierty caused By the proposed improvement, and the dilference between the intrinsic |Uue of the part of the property and premises required and the increased value aforesaid shiill constitute the price or compensation which the parly or parties interested shall be entitled to, and when the said commissioners shall determine anrl award that the increased value is equivalent to or in excess of the intrinsic value of the part of the property and premises required, then they shall not award any price or compensation for the part so required or liable to expropriation ; 8 If one or more of the said commissioners, at anytime after their appointment, shall fail in the due performance of the duties assigned to them in and by the present Act, or shall not fulfil the said duth's in a faithful, diligent, and impartial man- ner, it shall be lawful for the corporation of the said city, by its attorney, to apply, b y _a mnmarv petition , to the said Superior Court, or to a judg(Mhereof, as the case may be, to stay the proceedings of the said commissioners, and to remove and i -.L. h 10 , : I L S I replace the commissioner or commissioners who may have I'or- feited or violated his, or their, obligations ; and upon such peti- tion the s. id court, or judge, may issue siuch orders as may be deemed conformable to justice ; 10. In case any of the said commissioners should, after being appointed, die, or be unable to act, the said court, or one of the judges thereof, as the case may be, shall, upon a summary petition to that effect, to be presented by the corporation of the said city, after two clear days' notice to be established to the satisfaction of such Court or Judge, replace such commissioner by another competent and disinterested person, upon whom the said olHce shall be binding in the same manner as upon his predecessor ; 11. So soon as the said commissioners shall have completed the proceedings relating to the appraisement, and determined the price or compensation for the jmcccs or par(!els of land or real property about to be expropriated, they shitli give public notice by means of two i)lacavds, one in the Frencli and the other in the English langungc, to be posted upon or in the im- mediate vicinity of such i)i(!ces or patcels of land or real estate, that on the day mentioned in tiie said notice, ail partit's inte- rested or claiming indemnity, avIio may consider themselves aggrieved by the said appraisement, sl)all be heard before them in one of the rooms of tlie City Hall : and when such parties aggrieved or claiming indemnity sliall Imvc been heard as as aforesaid, it shall be lawful for tlie said commissioners to main or modify, at liieir own discretion, the appr;iisement made by them of any piece or parcel of land or real estate as aforesaid ; 12. On the day fixed in ;ind by tiie judgment appointing the said commissioners, the corporation of the said city, by their attorney or counsel, shall Mibmittotlie said Superior Court, or to one of the Judges thereof respectively, tlu- report containing the appraisement of the said commissioners, for the purpose of being confirmed and homologated to all intents andJfcrposes ; and the said Court or Judge, as the case m.iy be, vipbn being .jsatisfied that the proceedintrs and formalijie s hereinafter provi- ded lor have oeen observed snail pronoiTnce tiie confirmation and homologation of the said report which shall be final as regards all parties interested, and conseciucnlly not open to any appeal. II. In case any sln^et, public place or square shall be laid out and determined before the confirmation and homologation of any of the plans or maps of the said city, hereinbefore "provi- ded for, or if any street, public place or scpiare shown and designated on the said plans or maps, shall be widened or extended after the confirmation and iiomologation of the said plans or rnaj)s, no indemnity or damage shall be allowed or granted for buildings, struclurcs or improvements which the proprietors or other persons whomsoever, shall have caused to be or rc^ re sob publi| next piece ,', V " 'n«y iiavc lor. I "Pon sue/, peti. mh after beino F a suniinarv Wajion of fi,J 'Wished fo file [fominissioner f"n wijom lijo f '' as upon 1,/s y<' cornpJ(.,o(j '•■^ f>f iand or ^'l^'o public "<' 1 aiid thv '■ real csfafe Panios inte-' '"e/TiseJves '^c^ore theni "^^1 parties ." ."f'ardas issioners fo "^;^'"t niade a '"repaid ; '"i'"ig I he ;. 'jy fheir o"it, or to fining fi,e "fpose of ►'■poses ; on being FJ* provi- "■'nation finaJ as J to any be iaid 'gafion provi- " and 'ed or • said «d or 'j I he used 11 to be ereetcd or made upon t ";f tlie pieces or parcels ol land, or real properly which the poratlon of the said city may resolve to acquire for public j.-arposes, from the time that the public notice mentioned in the sub-section number one of the next preceding section, shall have l)een posted upon the f^aid pieces or parcels of land or real estate, as aforesaid. IS. The corporation of the said city shall, within fifteen days from and after the confirmation and homologation of the report of the said commissioners, make, in the hands of the Protho- notary of the said Superior Court, whose duty it shall be to grant to the said corporation a written acknowledgiiient thereof, a deposit and consignment of the price or compensation and da- mages settled and determined in and by the said report ; and the act of such deposit and consignment shall co nstitute, in behalFof tlie corporation of the said city, a legal title to the property of eacli of the said pieces or parcels of land or real estate, and froui thence all proprietors of, or other persons whatsoever interested in, the said pieces or parcels of land or real estate, shall lose and be divested of all tiieir rights or claims thereto, and the said corporation shall be vested with the said pieces or parcels of land or real estate, and may of right and without any further formal ily enter on possession of, and use the same for any of the purposes authorized in and by this Act ; any law, statute or usage to the contrary notwithstanding. IG. Any expropriation made in virtue of the present Act shall have the efl'ect of removing and paying off all mortgages or privileges with which the said pieces or |)arcels of land or real estate may be burdened or encumbered at the time ; but the price or compensation deposited in the hands of the Protho- nofary, as aforesaid, shall be held to represent the said pieces or parcels of land or real estate as regards all mortgages or privileged creditors, whose rank and priority shall be preserved in the distribution i.. ', made of the money deposited confor- mably t<^is Act. 1 7. When the money shall have been deposited and con- signed in the hands of tfie'Prothonotary, in accordance with the provisions of the next preceding section, the said Superior Court shall determine the mode of calling forth the creditors of the party entitled to such money, or his legal representatives and all other parties interested, and issue such orders as may be deemed advisable and just as regards the delivery or distri- bution of the money, or any other mattci in connection with the claims or demands of the parties interested ; Provided, always, that when the price or compensation and damages shall be paid in whole or in part to the party entitled to the same (but this proviso shall not be held to apply to his creditors,) the amount of such price or coinpersaiion and damages shall not be subject to the tax imposed by and in virtue of the twelfth Victoria, chapter one hundred and twelve, nor to the com- 4 li -' ■> u^'-'- t n . 12 mission wliich the Piotliouolary of tiio said Supt-rior Court is L-nt itlod to receive, nor to any tax, commission or impost. 18. All the provisions contained in the thirteentli section of the present Act with regard to tiu; appointment of commis- sioners and the mode of ascertaining the value of tiie nieces or parcels of land or real estate taken by the corporation of the said city, shall be and are hereby extended to all cases in which it shall become necessary to ascertain the amount of compensation to be paid by the said corporation to any proprietor of real estate or his representalives, for any damage he or they may have sustained by reat-on of any alteration, made by order of the said council, in the level of any footpath or sidewalk, or by reason of the removal of any estal>lishment subject to be remo- ved under any by-law of the said corporation, ']r In rnjf p"-«y by reason of any other act of the said council for which they arejjy^und to make compensation, and of compensation for which damage the parly sustuiuing' the ^afio and the said corporation sliall not agree ; and the amount of'siicli compensafion shall be paid at once'^the said corpo- ration to the party having a right to the same, without further formality ; and any person who shall erect any building what- ever upon or contiguous to any established or contemplated street, public place or square in the said city, without having previously obtained from llie city surveyor tiie level of such street, public place or S(juai(>, shall forfeit his or her claim for i damages or compensation by reason of any injury caused to the property when such level shall be settled and del.?rmined by Ithe said council, tlirough ihe road committee. 19. In all cases wlicre, for the purpose of opening any street, square, market-place or other public place, or for continuing, enlarging or otherwise improving the said streets, squares, market-places, or other public places, or as a site for any public building to be erected by the said corporation, the s Md corpo- ration ^shaUjlcemjtjid^^ to purchase and squire, or take orenter upon, more than the"ground actually required for any of the said purposes, it shall be lawful for the said corpo- ration so as aforesaid, to purchase and acquire an extent over end above what may be required for the above purposes ; Pro- vided, i\evertheless, sucJj_cxtenUlojiot exceed one hund red feet in deptlYby whateverlengnnHay7=xTsT7ann"suc^ hundred feet may be taken out of one or both sides of the said street, square, market-place or site for any public building, in case the proposed improvement applies to both sides of such street, square, market-place or site, as aforesaid ; Provided also that if any proprietor, a portion of whose property may be required for the above purposes, objects to the said corporation takirig or acquiring more than the piece or parcel of his lot required for any of the said purposes, such proprietor shall make known his objection by causing a written notice to that effect to be served upon the said corporation at least two days Ipieviol 1 TTiissic' I corporl land r\ a V A i ^iJL^ 13 "P<.-riof Court is ,;?«''' J'cction of 7, "^ commis. ,;y''« pieces or » 70/ .he said c.ompensation ;iet„r of real \ ^y order of : -"'alk, or by ""^iK nniiLu Ptkeamoum ' '"e a/iioujit .'^'i'^ corpo- '!""f fur/lier '''"'fi' wliat- 'ntempJatcd f7't iiavi;,g ^'^ "^ such •'• f 'aim for '"sod to the '^"minfd hy »"y street 'niiuuing^ squares,' I coipo- 9uirc, or "•ed for ' corpo- ^m over s ; Pro. •ed feet ^oiie~" e said ng, in f such da/so ly be ation s iot shaJ] that iays [previous to the day fixed as aforesaid on which the said Com- Imissioners arc to begin their operations; inwliich case the said corporation can only take and acquire the piece or parcel of land required for the improvement and no more. 90. The corporation of the said city may open, continue or widen any streets or higliways, and establish public parks or squares, beyond the limits of the said city, and acquire any piece or parcel of land required for any of the said purposes, in the same manner, and by following the same formalities as those prescribed in and by the present Act for similar improve- ments within the limits of the said city ; Provided, always, that before exercising any of the powers-conferred upon it by the present section, the said corporation shall bo held to obtain the consent of the municipality within the linuts of which such powers are to be exercised, and such last mentioned munici- pality is hereby empowered to exempt from any tax or assess- ment, if it sees fit so to do, the public parks, squares or public places to be opened or established as aforesaid. 31. Corporations, ecclesiastical or civil, whoso property, or any part of whose property, shall be conveyed to, or taken by the said corporation of the city of Montreal, under the authority of this Act, may invest llie price or compensation paid for the property so conveyo'.l or taken, in other leal properly in any part of this Province, and may take and hold the same, without Her Majesty's Letters of JMoitmain, any law to the contrary notwithstanding. 918. So soon as the report of the said commissioners shall have been confirmed and ratified by the said Court, or by one of the judges thereof, as the case may be, conformably to the tenth sub-section of the thirteenth section of this Act, it shall be the duty of the assessors of the said city, in all cases where the said Council may have ordered, in conformity with the eleventh section of this Act, that the cost of the said works or improvements shall be borne in whole or in part, by the pro- prietors or parties interested, benefited or to be benefited by the said works or improvements, to assess and apportion in surli manlier as lo them may appear most reaso; table and just, the price or comi)ensation, indemnity, damage and cost of such expropriation or improvement, in whole or in part, con- formably to the resolution of the said Council, upon all and every the pieces or parcels of land or real estate which have been benefited, or may hereafter the benefited by such impro- vement ; and the said assessors shall have the exclusive power or privilege to determine what pieces or parcels of land or real estate shall have been or may be benefited, and to what relative or comparative amount ; and the said assessors shall, for the purposes of the said improvement, base their valuation upon the actual value of the said pieces or parcels of land ov real estate, in view of the said improvement. 14 ! \ 4 33. Immodiatcly after tlie completion of the said special assessment roll, the said assessors shall deposit the same, duly certified along with a plan or map, designating all and every the pieces or parcels of land or real estate subject to or liable for the said special assessment, in the otlicc of the city clerk, for the examination and inspection of all parties interested ; and they shall give public notice of the completion and deposit of the said special assessment roll as aforesaid, in at least two newspapers published in the said city, which notice shall have least two insertions in one newspaper published in the French language, and a like number of insertions in one newspaper published in the English language; and every proprietor or interested party may, within fifteen days from and after the last insertion of the said notice, apply to the said assessors to make known his grievances, in case such pr(»prietoror interested party shall deem himself aggrieved by the manner in which his property may have l)een assessed, and thereupon the said assessors may, and they are hereby empowered to maintain or modify, at their discretion, the speciid assessment roll ; provided that the delay of fifteen days aforesaid once expired the said special assessment roll sliall of right be confirmed and become in force by the mere lapse of time. 24. The special assessment mentioned in the next preceding section may be recovered l)y the corporation of the said city in the same manneras any other tax or assessment which the said corporation are authorized to impose by their charter and the several Acts amending tlie same. ftS. The duties assigned to the said assessors by the twenty" first and twenty-second sections of the pres(;nt Act may be performed with the same force and effect by the concurrent majority of the said assessors ; and in every case where a difference of opinion may arise between the said assessors, the decision of the majority of all the assessors shall have the same force and eflfect as if the whole of the said assessors had concurred therein. 96. The mode prescribed in the preceding sections for expropriations and for levying and determining special assess- ments shall have force and effect, and shall be followed and applied, not only as regards works and improvements which the council of the said city may hereafter order to be carried '^ut, but also with respect to all and every the works and im- provements which the said council may have resolved at any time before the passing of t ins Act to carry out, 97. It shall be lawful for the council of the said city to order, by resolution, certain works or improvements in the streets, public places or squares of the said city, such as dressed- stone paving, flagstone or brick footpath or side-walks, or grading, and to defray the cost of the said works or improve- « vnents I. whole] ^ deem estate ; squart^ pcctivj^ survc>| impTof deleril tuariej as afo porliol taxes] 9i ^ wilhil wUhi| Mont the office 3< vest tizci ninj as t tior the lis ui cc n< P |^« »aid special I »'^ and every he city clert, ■7 «nd deposit Jn at ieasf two f !co shall have ^' 'n the French "^« newspaper T J^ropriejor or '. and afier the 'tl assessors to or or interested nner in which "J'on tJie said niaintain or ^o" ; provided l/"-''d «'ie said 1 and become ■^^ prccedins f.saidcityin ^''c'l 'he said '-"•fer and the ^^^0 twonty- ^ct may be ' '^'oneurrent «e V'here a lessors, tbc <' "le same 2ssors iiad c'ions for al assess- ^^ved and '^s which ^ carried and im- d at any city to in the 'ressed- iifs, or Jprove- 15 rncnts nnt of the city funds, or to assess tlio cost thereof, in ', whole or in part, as tlie said council may, in their discretion, I deem proper, upon the proprietors or usufructuaries of the real ,/ estate situate on either side of sucii streets, public places or I squares in proportion of the frontage of the said real estate res- pectively ; and in the latter case in shall be the duty of the city surveyor to opportion and assess the cost of the said works or improvements, or such part thereof as the said council may have determined should be borne by the said proprietors or usufruc- tuaries uj)on the said real estate, according to the frontage thereof as aforesaid ; and the said assessment, when so made and ap- portioned, shall be due and recoverable, the same as all other taxes and assessments, before the Recorder's Court. •8. Every person without a domicile or place of business within the limits of the said city, shall be deemed to be absent, within the meaning of the present Act. SO. Any bail iff of the Superior Court foi the district of Montreal, may serve and post up the notifications required by the present Act, and make a return thereof under his oath of office. WIDENING OK NOTRE UAME STREET. 30. Whereas, is has been found expedient and in the inte" rest of the proprietors in Notre Dame Street, and also of the ci- tizens of the city of Montreal generally, to complete the wide- ning and enlarging of the said street, which may be considered as the leading thoroughfare of the said city, the said corpora- tion is hereby authorized to carry out the said improvement in the manner hereinafter prescribed : !.■ Notre Uamc Street, in the said city, shall be widened in its whole extent, from Dalhousie Square to McGill Street, to a uniform width of forty-four feet, French measure ; and the ne- cessary ground or land for that purpose shall be taken on the north-west side of the said street, with the exception of a small portion at the extreme east end thereof, with requires to be widened on both sides ; 2. That said Notre Dame Street, for the purposes of the said improvement, shall be divided into for sections, as follows : Firta Section. That portion of Notre Dame Street lying bet- ween St. Lambert and St. Franfois-Xavier Sireets, between St. Peter and Dollard (late Guillaume) Streets, and between Gos- ford and Bonsecours Streets ; Second Section. That portion of Notre Dame Street lying between St. Peter and St. Francois Xavier Streets ; 16 Third Section. Tbat portion of Notre Dame Street lying between St. Lambert and St. Gabriel Streets, and between Dollard (late Guillaume) and McGill Streets ; Fourth Section. That portion of Notre Dame Street lying between St. Gabriel and Gosford Street, and from Bonsecours Street to Dalhousie Square ; 3. One year (shall be allowed to complete '-'ach section, the first year lo begin the date of the passing of this Act ; 4. One half of the cost of the said improvement shall be borne by the said corporation out of the proceeds of the loan hereinafter provided for, or out of the general funds of the said city, and the other half by the proprietors in the said Notre Dame Street, by means of a special assessment to be levied, as hereinafter provided, upon the real estate fronting on Notre Dame Street, the whole <»f which sliall be held to liave been equally benefited by the said improvement, and shall be equally rated or assessed to provide one-half the expense of the said improvLMiicnt, as aforesaid ; and the assessed value of all real estate fronting on the said str(!t't for the present year (one thousand eight hundred and sixty-four), slmll be held to be the assessed value tlierfof for all the purposes of the said improvement ; 5. It shall be the duty of the said commissioners and they are hereby authorized, to take up each section of Notre Dame street as aforesaid serialiiit, but without intermission, and to complete their labors for the four sections as early as possible before the expiration of the present year one thousand eight hundred and sixty-four ; 6. In tiie appraisement or valuation to be made by the said Commissioners, of the pieces or parcels of land or real estate recjuired to widen Notre Dame street as aforesaid, no claim for damages arising from leases made after the passing of this Act shall be considered as valid or liindiiig upon the said corporation. 31. After the confirmation and homologation of the report of the said commissioners for each section of Notre Dame street as aforesaid, the council of the said city may levy, by by-law, a special rate or assessment on all real estate fronting on the said street, according to the assessed value thereof as aforesaid, sufficient to cover one-half the expenditure incurred in completing the widening of the section of Notre Dame street referred to and embraced in the said report, which said special rate or assessment sliall be payable at .ntch period or periods as the said council may fix and determine. 39. ^ law, to i 1 said rati * seven pj ^ forwbij 33. ISolre wbose may bt - x\\c sail] amieal liomoU seclioni or afte( by an : the sai^ 31; < meet i^ ". Notre < corporl and fil^ ;S Street | 35 nage to boi said < of tb« Her mon( asll bort the *J the a s "1 iss CO tb ic i\ a I ■ Street Jyin„ anti between Street Jying "" Bonsecours ^' section, the i^ent sliaJJ be * o/ the Joan "' <'jo said « said iVotre '<> '>« ioviod, '"W' on JVotre '<> liavo been d sl.aJJ be ' expense of sed value of 'resent year B lield to be "^ J'le said •^ anti fhey ^""•e Dame '"», and to J" possible sand eijrht y tJie said ■a' estate no cJaiin ''ff of this the said 'e report 2 Dame levy, by iron ting ^reofas icurred - street special 'eriods 17 39. It shall be lawful for tiic said council, by any such by- law, to extend the time or period fixed for the payment of the said rate or assessnienl, and to charge interest not exceeding seven per centum on the amount of all such rates or assessments for which a delay may be granted, as aforesaid. 33. Any proprietor in the second, third or fourth sections of Notre Dame street aforesaid, whose pioperty, or a portion of whose property, is required for the said improvement, who may be desirous of anticipating the time fixed for carrying out the saiil improvement in front of his property, may do'^eo, by amicable arrangement, at any time before the confirmation and homologation of the report of the said commissioners for the section of the said street in which such proprietor is interested, or after the confirmation and homologation of the said report by an acceptance of the terms or price set upon his property in the said report. 34. For the purpose of enabling the said corporation to meet its share of the expenditure to be incurred in widening Notre Damo street as aforesaid, it shall be lawful for the said corporation to cllect a special loan, not to exceed one hundred and fifty tliousand dollars, to be designated "The Notre Dame Street Loan." MISCELLANEOUS PBOVISIONS. 3tS. For the purpose of extending and completing the drai- nage of the said city, it siiall be lawful for the said corporation to borrow, over and above the amount of the loan which the said corporation is autliorized to make in and by the provisions of the first section of tiie Act passed in the twenty-fifth year of Her Majesty's reign, chapter forty-four, such sum or sums of money, not exceeding one imndred and fifty tliousand dollars, as the said corporation may find it necessary or expedient to borrow for the extension and completion of the drainage of the city. 36. For the purpose of establishing a new Hay Market in the said city, it shall be lawful for the said corporation to eflect a special loan of sixty thousand dollars, to be designated " The new Hay Market Loan." 37. It shall be lawful for the corporation of the said city to issue under the hand of the mayor and the seal of the said corporation, debentures or corporation bonds to tlie amount of the respective sums which the said corporation is empowered to borrow, in and by the three next preceding sections, payable twenty-five years after the date of the issue thereof respectively, and bearing interest, payable semi-annually, on the first day of May and November in the each and every year, and at a rate not exceeding six per centum per annum ; and all such 18 Wh H ! debentures shall be lieadcKl with llie words or title '* T/ic Notn Dame Street Loan" " The Drainage Loan," or The Neto Hay Market Loan," at the case may be, lo designate the <»bjei't and purpose for whicli they sliall be issued ; they may be issued from time to time, at such periods and forsuoli amounts ns shall be deemed expedient, and they may liave coupons annexed to them for the half yearly interest payable on them, which coupons, being signed by the Mayt)r or the Treasurer of the said corporation, shall be respectively payable to the bearer thereof wlien the half-yearly interest therein rni-ntioncd becomes due, and shall, on payment thereof, b(' delivered up to the said corporation ; and the possession of any such coupons by the corporation shall be jjrmi^^ yrtcic evidence that the half year's interest therein mentioned has been paid according to the tenor of such debentures or bonds ; and as well the interest as the principal thereof are and shall be secured on the general funds of the said corj)oratii)n. 38. The amount wliieh the said corporation is empowered to borrow by the next preceding sections, may be borrowed either in this Province or elsewhere ; and the principal sum, and interest thereon as aforesaid, may be made payable either in this Province or elsewhere, and either in sterling money or the currency of tills Province, or in that of the ])lace where the same shall l)e payable ; and generally all the provi- sions of the Acts now in force as to debentures issued by the said corporation shall a|)ply to those lo be issued muler this Act, except only in so far as they may be inconsistent witii this Act. 30. Whereas the mode hitherto adoptetl of enforcing pay- ment of assessments, taxes, duties, water-rates and other city dues, liy defaulters in the said city, has lieen found to be cumbersome and dolatory and attended with great loss to the revenue of the said city ; and whereas if is expedient to adopt a more summary and ellcclual mode of recovering the same : therefore, upon the return by the City Assessors, of the assessment roll for any of the wards of the said city, and the revision and completion of the same, or uj)on the return of any supplementary roll of assessment, the Treasurer of the said city shall give public notice (according to form B, in the schedule hereunto annexed) in at least two newspapers published in the English language, and two newspapers published in the French language, that the said assessment roll or supplemen- tary return is completed and deposited in his office, and tliat all persons whose names appear therein as liable for the pay- ment of any assessment, tax or duty, are required to pay the amount thereof to him or his assistants, at his office in the'City Hall, within twenty days from the date of the last insertion of the said notice in the said newspapers ; provided that the said notice shall have at least four insertions in each of the said newspapers. 10. II tiient, lux leave, or c liomicile, ^ssessnier in detail ments, ta> Ihe same (accordini demand "mentions 'accordini establish 41. Il apply t" the said taxes or mention* necessar personal I 49. 1 of assess of fiftee Treasur warrant (accord i rizing tl person 1 his posi city ; ai shall b( the ass thereof theque the pr» I assess propel right 1 Corpc prope 49 of an city I sale, are t a CO /?ity, le *' The Noln ]Thc Nno Hay ^n't' tlic object "•t'V may be I such nmoiiiifj, lliavo coupons [able on tlicm, P Treasurer oi' Y ^o Iug and such claim is admitted by the person for whose assess- luenta, taxes or duties the seizure was made, such 8urj)lus siiall be paid to such claimant ; and if such claim l)e contested, the surplus money shall be retained by the said Treasurer until the lespective riglits of the parlies be determined by the Recorder's Court. 4*1. Within a week from and after the time appointed by any by-law of the said council for the payment ot the water rates imposed for any supply of water giv. n!' fi'n .m day- after such demand made as aforesaid, Ihe '!) usurer of the said city shall levy the same with costs in the same manner as unpaid assessments, taxes or duties, are levied under the forty- second, forty-third and forly-fourlh sections of this Act. 48. From and after the pas.sing of this Act the City Clerk of lit- Citr of Montreal shall cease to Act ex-nfficio as Clerk of the R -corder's Court of the said city, but a fit and proper per- son jjhall be iicimed and appointed during pleasure, by the .J 1 council ol Iho samo relation '" Victor! sixteentli 40. It length till ofthe Cii and conv with any of the A<' An Ad ihe niun ii.ttur- o law or I f 50. by-l:uv incorpo for ^Mifd ceedinj sonmei hard la 51. cove re any St form I- contra 53 any p teentl eight per so there }' more than (vit'd for and |1"« Hhall be g"<>d8 and ly claim for jicfi NUqx'ug Inclj surj)lus k contested, I'asiirer until led by the PJ)(>int('d by pt fli(> water [iiixlied from r<'.'isiurp of form F, in nc\vs|)a|)er3 |l>fil)i'is pub- '■ rates are ^1" '"»y of the .''"'n, at his insertion of "•' »lie said of the said any of the sliall leave, , domicile, \ or with ^> in the ' sums and . and shall "taioment, 1) 'ogether >g to such <> i>ay the -n day* f (he said inner as the forty. Clerk of ^Icrk of •per per- ', by the 91 council of tilt' «iii(l city, to act at clerk of the said court, with the same powers as those conferrcl uoon the City ('lerk, in relation to tlie said court, by tlif Aei tourteenili and fiffct-nth Victor! (chapter one hundred anti twenty iMglil, and ihu'Act sixteenth Victoria, chapter twenty-seven. 40. It shall not be necessary liereaftcr to register at full length the proceedings and judgnieir'< of the Rfcorder's Court, of the City of Montreal, insofar as regards the prosecution and conviction of all pcirsons charged with drunkcnne^^ or with any «>f the oH'enccs mentioned in the tliirly-seconi section of the Art twenly-third Victoria, cimpter seventy-two, intituled : An Art lo cmcufl the provisions of the several Acta for the in- corpot niton of the city of Montreal, but it shall suffice in such «^'>se 'li.': n ''l of all convictions before the said Court, giving llie name oi tlie defendant, the date of conviction and the natiin of the tjll'cnce, be kept, without further registration ; any law or usage to the contrary notwithstanding. tXO. The council of llic said city shall have power, in any by-l;uv or ordinance passed for any purpose set forth in the Act incorporating tlie said city, or any Acts amending the same, for (Miforcing the provisions thereof, to impose a fine not ex- ceeding twenty dollars and costs, of prosecution, with impri- sonment in the common gaol or in the house of correction, at hard labor, for a period not exceeding one calendar month. ♦JI. All fines and penalties sued for, imposed, levied or re covered in the said Recorder's Court, under and by virtue o* any Statute now or hen^afler to be in force shall belong to and form part of the general fund of the said city, any law to ihc contrary notwithstanding. •13. If any person shall connnil an assault and battery on any police onicer or constable appointed under the Act foui- teenth and fifteenth Victoria, chapter one hundred and twenty- eight, in the execution of his duty, or shall aid or incite any person so to do, every such offender, upon being convicted thereof before the Recorder's Court of the said city, shall, for every such oflenre, forfeit and pay a fine not exceeding twenty dollars and cosis of prosecution, and shall, moreover, be im- ;"irisoned in th" common gaol or the house of correction at hard labor, for a period not exceeding two calendar months ; Provi- ded always, the said court shall have the option to adjuge the said offendi^r to the said fine and imprisonment with costs as aforesaid, or to tlie said fine and costs, and in default of imme- diate payment of the said fine and costs, that the said offender be imprisoned ■ ' hard labor for a period not exceeding two calendar moalhs, unless the said fine and costs be sooner paid. •S8 The Recorder's Court of the said City of Montreal shall have concurrent juri?diction with the Circuit Court, or with 22 tr m 9 any Judge of the Superior Court in the District of Montreal, as to matters between Lessors and Lessees, and may act in virtue oftluj Act of the Consolidated Statutes for Lower Canada, chapter forty, intituled : An Act concerning Lessors and Lessees, and of the Legislative provisions amending the same, in the same manner and with the same formalilies, as tin; said Cir- cuit Court, or any of the Judges of the said Superior Court is directed to proceed in and by the above last cited Act, as re- gards the ejection of the lessee for committing waste upon the premises or part of llie j)remises leased, or for refusing or neglecting to pay his rent or any part of his rent, or for using the premises leased, contrary to the intent for which they were leased, or because the term of his lease, cithi-r written, verbal, or presumed, is expired ; and the said Recorder's C(;urt shall have and possess, 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 he paid by the losing party, whieli cost however shall not include any attorney's fees ; Provided always that the competence of the said Recorder's Court shail be limited to cases where the con- sideration or annual value of the property occupied shall not exceed the sum of one hundred dollars, and which shall apply to premises or real estate situate within the limits of the said city. •54. The said Recorder's Court shall also have summary- jurisdiction over all demands not exceeding twenty-five dollars for the recovery of wages and salaries of servants, journeymen or laborers employed by the day. SS. Whereas by an Act of the Parliament of this Province, passed in the eighteenth year of Her Majesty's reign, chapter one hundred and forty-two, the property, estate, chattels and effects bequeathed by the late John Conrad Marsteller, for the purpose of establishing in the said City of Montreal a House of Industry where transferred from the hands of the late wardens of the House of Industry, to and made to vest in the said Corporation of the City of Montreal ; and whereas it is believed that the purposes for whiclj the said late John Conrad Marsteller so bequeathed the said property, will be more effectually accomplished by transferring the said property to a duly established and permanent Institution or Institutions in the said city, having for object to relieve and assist the poor: therefore, it shall be lawful for the corporation of the said city, at any time after the passing of this Act, to transfer all and every the estates, property, moneys, chattels and effects vested in and now in the hands and possession of the said corporation, as aforesaid, to any duly established and permanent institution or institutions, in the said City of Montreal, having for object to relieve and assist the poor, and provided with a House of Refuge, with power to hold, use, appropriate, sell and dispose of the said estates, propeiiyj sible, for notvviths piovidec any ins^l of the sa any pari shall bel distinctj 56. in and \ Majestj Railw"! Termiij I Montrc thousal that thi necessl way i| of the as thel propel gcner land < the sJ with four 1 city -, by tV of la ceed of C( pait r ft the sec sa ar as ci li hv^eal, as •t m virtue Canada, ■d Lessees f '*"» in the said Cir- ^r Court is 'cf, as re- "JJon tJie rosing or , 'or using m were p. verba], M""f siialJ ^^'^■rs and xccution ^<' paid ude any (' of tile ''it-' con- *'mll not n apply "'e said F'lunary dollars 'vince, haptcr ^ and >r the mc of rdens said it is John wil] said tion eve the ing ids l!r St ST 23 property, moneys, chattels and effects to best advantage pos- sible, for the exclusive purposes of a House of Night Refuge, notwithstanding anything contained in the said last cited Act ; provided, however, and it is hereby expressly enacted, that in any institution or institutions to which a transfer may be made of the said estates, property, moneys, chattels and effects, or any part thereof, under the provisions of this section, admission shall be given to the poor, indiscriminately and without any distinction of creed or nationality. •S6. Whereas the corporation of the said city is authorized in and by the Act passed in the twenty-seventh year of Her Majesty's reign, chapter fifty-four, to aid the Grand Trunk Railway Company oi^ Canada in the establishment of a City Terminus at or near Chaboillez Square, in the said City of Montreal, by moans of a gran^of money to tiie amount of fifty thousand dollars ; and whereas it is deemed more expedient that the siiid grant should i)e applied towards purchasing the necessary ground to be acquired for establishing the said rail- way terminus : therefore it shall be lawful for the corporation of the said city to purchase and acquire, in the same manner as the said corporation is autliorized to acquire or expropriate property or real estate lor I Le opening or widening of stjcets generally, in and by the present Act, all pieces or parcels of land or real estate recjuir* il to establish, enlarge, or improve the said terminus and to connect the rails of the said company with the harbour of the said city from any point not more than four hundred feet beyond the south-western limits of the said city ; provided, howcvc^r, the price or compensation to be paid by the corporation of the said city for the said pieces or parcels of land or real estate, to be acquired as aforesaid, shall not ex- ceed the said sum of fifty thousand dollars and that the excess of cost over or beyond that amount, if any, shall be borne and paid by the said company. 57. In addition to the subjects for the which corporation of the said city is authorized to pass by-laws, in and by the tenth section of the Act passed in the twenty-third year of Her Ma- jesty's reign, chapter seventy-two, shall be included musical saloons or establishments wherein intoxicating liquors are sold and wherein instrumental music or singing, or both, are used as a means of attracting customers ; and the council of tlic said city shall have power and authority, by any such by-law to license, regulate or j)rohibit any such musical saloons or esta- blishments, under such conditions and restrictions as the said council may deem expedient to impose in the interest of the public. •18. The council of the said city shal' have power, from time to lime, by a by-law or ordinance to naKe such rules and regulations, as to the erection and construction of houses or buildings of any description whatsoever, as the said council 24 may deem expedient for the safety of the citizens, or for pre- venting accidents by fire, or for the embellishment or better appearance of the said city and also for the regulation of the height of the chimneys of factories so as to render such factories as little injurious as possible to the health of the citizens ; and by any such by-law or ordinance, the said council may appoint one or more fit and proper persons whose duty it shall be, and who are hereby authorized, to visit and examine at suitable times and hours, to be established in such by-laws, as well the interior as the exterior of all such houses or buildings in the said city, for the purpose of ascertaining whether the rules and regulations to be made as aforesaid, have been duly observed and obeyed ; and the said council may also, by any such by- law or ordinance, impose such fines not exceeding twenty dollars, with imprisonment not exceeding two calendar months unless such fine be sooner paid, as they may deem expedient for enforcing the same. 59. All the provisions of any law or laws inconsistent with the provisions of this Act shall be and the same are hereby repealed ; and the present enactment shall not have the effect of reviving any Act or part of an Ace repealed by the said law or laws. 60. Nothing herein contained shall be construed to repeal any by-law heretofore miule under any Act or part of an Act or provision of law hereby repealed ; and notwithstanding such repeal, every such by-law now in force shall liave the same force and effect as if this Act had not been passed. 61. This Act shall be a Public Act. FORM A. " I, having been appointed Commissioner under " the provisions of the (cite the Act) do swear that 1 will " faithfully, 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." FORM B. Public notice is hereby given that the Assessment Roll of the City of Montreal, for the ward of the said City, (or the supplementary roll of Assessment for the ward of the said city) 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 assessment, tax or duty, are hereby required to pay the amount thereof to the 26 undersigned at his office, within twenty days from this day, without further notice CiTT Hall, Montreal, (date). City Treasurer and FORM C COBPOBATION OP MONTREAL. | CORPORATION OF MONTREAL- Mr. Copt or Account Notice Served, :J {Date of Notice.) Costs, Notice, Mr. To the Mayor, Aldermen and CiU- zer^ of the City of Montreal, To Assessments, &c or Water Rates, &c. (Here State Account.) Sir, Take notice that, havinj failed to pay the above mentioned sum within the time prescribed by public notice, you are hereby re- quired within fifteen days from the date hereof, to pay the same to me at my office, together with the costs of this notice and ser- vice thereof, as below, in default whereof, execution will issue against your Goods and Chattels City Hall, Montreal, {date) Costs, Notice, (Signature) City Treasury. Province of Canada, City and District of Montreal. FORM D. In the Recorder's Court of the ' City or Montreal. 26 The Recorder of the City of Montreal : r)t^::.....T:T$; [■""'"■. To any Bailill' of the Recorder's ; Court, of the City of Montreal, in I the said City and District of Mon- Costn ireal Warrant Whereas, A. li., {iiaine mid desi gnat ion of debtor,) hath been required by the Treasurer of the said City of Montreal, to pay into his hands for and on behalf of the said City, the sun) of licinij till- anioimt due by him to tiie said City, as appears by the eolieetion-roU of the said (7ity for the year is ; and win iTiis ihc said A. ii. hath neji;leeted und refused io pay nnio the saul Jn'Msnre*-, w itliin the period prescribed by law, tlie said sun) oi ; these are tiierefore to com' niand yon f.irtliw itli to make distress of the goods and chattel^. of the said A. )>. ; and if witliin the space of eight days after ttie making of sucii distress, liie said mentioned sum, together with the reasonable eliarges of taking and keeping the said dis- tress sliaii not be paid, that then you do on such day as shall be indicated to yon by t!ie said ireasurer, sell the said good? erd chattels so by you detained, and do pay the money arising from such sale unto the treasurer of the said city, that he may apply the same as bv law directed, and may render the over- plus, 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 such proceedings may be had therein, as to law doth appertain. Given under tiie hand of tlie Clerk | of the said Recorder's Court at Mon- | treal aforesaid, this > day of in the year | of Our Lord J Y. X. Clerk of the Recorder's Court. FORM E. Public aotlce is hereby P'ven that on next, the day of instant, (or nesU^ the goods and chattels of the parties hereinafter cair.isd and designated now under seizure for non-payftiesnVof asb'esaments [or nthf^r dues as tht case majjf 6c,) w herein N/ Cl Mont Pi curre same unde day, Cl Mon 27 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. FORM F. Public notice is hereby given that the water rates for the current year are now due ; and all persons liable to pay the same, are hereby required to pay the amount thereof to the undersigned at his said office, within twenty days from this day, without further notice. City treasurer. City Hall, Montreal, (date) Quebec : — Printed by G. Desbarats & M. Camerow, Law Printer to the Queen's Moat Excellent Majesty.