Ji» ▼^ .0. ^^ C IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I |^|2.8 2.5 2.2 1.8 — ™-'4 U^ •♦ V] 7: ./5^ '-*> > > >■ *4'*V''i /S^ '/#' Photographic Sdences Corporation <^ 1 \ .SJ Ws V "«*n ou d'illustration, soit par le second plat, sa' « C4IS. Tous les autras axemplaires originr ,ont filmAs en commenpant par ia premie 4 page qui comporte une empreinte d'impression ou d'illustration at an terminant par ia darniAre page qui comporte une telle empreinte. The last recorded frame on each microfiche shall contain tha symbol — ••■(meening "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Un dee symboles suivants apparaftra sur la darnlAre image de cheque microfiche, selon le cas: le symbole — *> signifie "A SUIVRE", le symbols ▼ signifie "FIN". ■Maps, plates, charts, etc., may be filmed at different reduction ratios. Those 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 as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc.. peuvent Atre fiimis A des taux de reduction diff Arents. Lorsque le document est trop grand pour fttre reproduit en un seul clichA. il est film* A partir de I'angle supArieur gauche, de gauche A droite, et de haut an bas, en prenant ia nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 I ^- ^^ ^^ lis «»LOWER CANADA MUNICIPAL (fc ROA OF 18 5 5, A!iD CERTAIN ACTS EELAIIHO TIOEEK), 2 Vict. Cap. 2 ; 7 Vict. Cap. 21 ; 9 Vict. Cap. 23 & 12 Vict. Cap. 126. THE PARLIAMENTARY REPRESENTATION ACTS, (16 Vict. Cap. 152 & 18 Vict. Cai«. 76.X AND THE SEIGNIORIAL ACTS, (18 Vict. Caps. 3 & lOSl.) ACCOMPANIED BY A MAP OF LOWER CANADA, p^XHIBITINO THE MUNICIPAL DIVISIONS THEREOF. QUEBEC: PRINTED BY STEWART DERBISHIRE AND GEORGE DESBARATS Law Printer to the Queen's Most Excellent Majesty. m:: 1866. TABLE OF CONTENTS. Summary of the L. C. Municipal and Road Acl of 1855.""' (18 Vict. Cap. 100) Lower Canada Municipal and Road Act of 1855. 08 Vict. Cap. 100, 1855) ^ An Ordinance for establishing an efficient system of Police m the Cities of Quebec and Montreal. (2 Vict Cap /' ''^^^ .*.....* 109 An Act to alter and amend certain provisions of the Ordi- nance of the Governor and Council of Lower Canada of the second year of Her Majesty's Reign, intituled! An Ordinance for establishing an efficient system of Po- lice in the Cities of Quebec and Montreal. (1 Vict Can 21,1843) V'"ici.uap. An Act to amend the Act amending certain provisions of the Ordinance for establishing an efficient system of Police m the Cities of Quebec and Montreal. (9 Vict Cap. 23, 1846) \» y ici. An Act detaching the Settlements of Ste. Anne des Monti and Cap-Chat from the Municipality of Gaspe, and to erect the same into a separate Municipality, (n Vict Cap. 126, 1849) ^^ ^ ^'^ vict. An Act to enlarge the Representation of the Peopll'of thVs Province in Parliament. (16 Vict. Cap. 152, 1853.). 121 \tt, ^rv ' ''; ^^^"^"^-^-y Representation Act of 1853. (18 Vict. Cap. 76, 1855) An Act for the abolition of feudal rights 'J^d'dude's'in Lower Canada. (18 Vict. Cap. 3, 1854.) ,45 An Act to amend the Seigniorial Act of 1854. f 18 Virt Cap. 103, 1855).... (»» Vict. , , , ^ 169 Index to the above • • m api/ "I 1 SUMMARY. LOWER CANADA MUNICIPAL AND ROAD ACT OF 1856. 18 VICT. CAP. lOO. ^^^'^' PACKS. I. Commencement of Act , 1 II. Extent of Act ij, III. Act not to apply to certain works unless coded to Municipalities. . ifr. 2. But shall apply after such cession ... I6, IV. Act not to extend to those parts of oertaiit parishes included in cities or towns * ib, 2. Municipalities of parishes of Quebec, Montreal and St. Hyacinthe defined , 2 3. Act to extend to town of Three-Rivers ift. 4. Municipality of parish of Three-Rivers defined tft* 5. Act to extend to the town of Sherbrooke, as defined ti>. 6. Act shall apply to Ste. Anne des Monts and Cap Chat 3 7. Act shall apply to the Magdalen Islands ib. V. Acts and Ordinances repealed Hf Certain parishes and townships to remain Municipalities for the purposes of the School Acts 4 Parts of 14 & 15 V. o. 100, repealed ......!!..!!. 5 VI. Short title of Act V. . . . . ib, VII. Interpretation clause ij] VIII. Mode of giving Public Notices 7 IX. Mode of giving Special Notices , . .. jj. 2. Certificate of publication or service— [Forms B & D.] 8 3. Attestation of such certificate ib. General Organixation. X. .The inhabitants of each County incorporated g 2. ■' parish or township incorporated ib» 3. certain towns and villages. Do ib. Provisions applicable to Mmicipal Councils generatly-^Carpotate powers and name. XI. General Corporate powers g 2. Corporation to act by a Council ib. 3. Names of Councils of Counties ib. *• ——————— — parishes, townships, towns or villages. i6. 5, Comnn^ition of Gaunt" Coancjlg ib 6- ' of Local Councils ib. Tl Summary. SKflT. XI. 7. Councillors not to be paid aa such j nor lo hold o/fico under""' Council 8. Oath of office to be taken by Councillor8-[Form N.j . . . . '. '. '. ib. Session^ of Municipal Councils XII. Quarterly Session of County Councils jq 2. Monthly Sessions of Local Cpuncils ,/, 3. Holidays.... '/... ". l' 4. Special Sessions of any Council and hour of meetinc- [Form L.] * .. 5. Who shall preside at Meetings ib 6. Questions how decided i' 7. Open doors ..!!,........!. 'a' 8 & 9. Adjournments .•• * 10. Failure of Session not to dissolve Council ji 1 1. Chief Officer ex officio a Justice of the Peace . . ... . . . . . . . . a, Appointment of Officers—their diuiea, ^c. XIII. Appointment of Secretary-Treasurer n 2. Duties of Secretary-Treasurer ^^ Copies certified by him to be authentic ib, 3. Secretary-Treasurer to give security j^' 4. How such security shall be given "... n,' 5. Forms of Security j deposit of Bond, &c.--[Form 0.]. . . . u 6. Registration of Bond .. .siii'5^.'. ib 7. Duties of Secretary-Treasufer ; receipts and payments. ... ib 8. Accounts and Books '_ " -Y' 9. Rendering accounts ., ' 10. Accounts to be open to Members of Council, &c ib' 11. Mode of compelling Treasurer to render accounts and pay " &c." ib 12. Contratnte par corps, to enforce judgment 13 13. Council may appoint other Officers ib 14. Delivery of moneys, &c., by an Officer to his fiuccessor ib 15. His representative to deliver the same in case of his death, &c. ib Successor may recover the same if not delivered ib XIV. Mode of appointing Officers— Notice— [Form P.] (b 2. Term of office. .^ 3. Officer may be removed, on certain conditions . . . . . . . . ' . . . " ib. Powers common to all Municipal Councils. XV. All Municipal Councils may make By-laws concern i„g-t Forms -• •----. -^ M 1. Order, &c., at Sessions f/, 2. Acquiring and disposing of property . . .i , .. ib • 3. Constructing or leasing, &c., building '. I . {'. j-ft' • 4. Construction, &c., of fences, ditches, &c .'."."'. ".'.''.' ib, 5. Regulating ferries j\ ^>..; _ .,' Licenses for ferries "^^y. ] . ..' Limitation as to period of licenses, &c. ,7,* 6. Acquiring roads or bridges from Government ......./.... . 15 7. Raising and levying money by rates equally imposed. . . ib 8. Aiding in construction of roads, benefitting the MuniciDalltv tho'hot in it • "' ., Summary. XV. 9. Borrowing money, Usuing Bonds or Debenture!, he., foi— • Assisting in constiuction of Railways 15 Managing Sinking Kund !.....:...' {b. Rate for interest and Sinkin^^ Fund .'.'.'....... ib. By-Jaws not to be repealed, except, &c .....".. ib. Money borrowed by a County for Railway purposes to be paid by Local Municipalities within if iq 10. Depositing money fj 11. Paying damages done by Rioters ib. 12. Paying Officers ib. 13. Defining duties of Officers and enforcing performance thereof ib. 14. Taking security from Officers, Contractors, &c ift. 15. Imposing and collecting penalties ib. Imposing imprisonment , I7 16. Other Local Regulations ' . {b • Publication of By-Law$, XVI. Publication of By-lav^s '_ , __ ^ yj Persons disqualified or exempt from atcepting office as Members or' Officers of Municipal Councils. XVII. Persons disqualified as Councillors or Officers. 17 2. Persons exempted from serving jg 3. Appointment in place of Councillor elected and disqualified or claiming exemption (j va County Councils-^Spedd Powers. XVIII. County Councils to have certain powers under 12 V. c. 66 18 XIX. . niay make By-laws concerning— [Form I.]— ib. 1. Place of sitting ; jg 2. Construction, &c., of a Court House and Gaol ib, 3. Maintenance of an Office for registration of Deeds, &c.. . ., . . t6. 4. Turnpikes ^^ 5. Fire in the woods, &c i5^ 6. Fees to County Superintendent or Secretary-Treasurer ib. 7. Regulating fisheries 20 Sessions of County Council, Election or Appointment of Warden, f c. XX. First Session (j 2. Quorum of County Councils 16, 3. Registrar shall preside at first Meeting ib, 4. Election of Warden ib. Warden to preside when chosen ib. 5. Governor to appoint Warden if none be elected i&. 6. Term of office of Warden ib. Removal of Warden by Council. ib. Appointment of County Stipcnntendent. A.vi. 10 P8 appomted by Lounly Uouncii 21 2. MuBt reside iu the County—Not to hold any other office ib. I i' / I V*" Summary. •mm XXI. 8. May appoint Deputies „. ResponBibilily for hia acts n, 4. Appointment of Deputy— [Form O.]. ,fc' Notice thereof— [Form H.] " . .'*][.. ,-^' 6. Secretary-Treaaurer to act lor him In certain oases .! ..... ib. 6. To keep a Repertory " ^^ 7. To deliver copies of documents ib Copies to be evidence, &c ,l' ®. Special duties may be assigned to him ........... . .... ib. County Delegates. XXII. Three Delegates for each County 22 2. Warden to be one— other two how appointed ... ib Term of office ..' 3. Vacancies how filled up "] ,i,* local Councils— Powers common to aU Local Coumih. XXIII. Local Councils may make By-laws concerning— 1. Opening, making and repairing roada, bridges, &c 22 2. Openmg and adorning public squares, &c 23 3. Prevention of abuse prejudicial to agriculture ; pounds,' itc. . ib Animals running at large ^' Damages by animals ih Fees to pound-keepers ,-^* 4. Pits and precipices .. ' 5. Dogs, and tax on dogs ......!...... ib. 6. Regulating persons letailing liquors, or keeping places of pubhc entertainment j or prohibiting sale of liquors ib 7- Carters \ •• ^^ 8. Public exhibitions ' ^ 9. Maps, plans and surveys of a Municipality u,' 10. Dividing the Municipality for road purposes .!...!... ib. Special Powers of Town and Village CouncUa. XXIV.^TownMd Village Councils may make By-laws concerning- OA 2. Appointment, &c., of Clerks of markets and other markei Officers ; stalls, duties, sale of certain articles, &c. . 25 3. Duties on vehicles in which articles are brought to market' .' .' ib. «. TVeighing and measuring certain articles. . ,•/, 5. Weight and quality of bread ..' Marking bakers' names, &c.. J?' 6. Commutation of statute labour ..."..... ^. ^' 7. Assessing for making sewers ...".. ofi 8. Fencing real property * ' ., 9. Removing encroachments on streets, &c. k' 10. Altering level of side paths, &o ".'.'.".'.'."' ib Compensation in certain cases ^u 11. Pulling down decayed buildings '.'. .". .' n,' 12. Preventing accidents bv fire, and «rrnnoi^ml!.'». I.' ".'.i ' tinguishing fireg. Summarjf. XXIV. 13. Obliging certain trados to construct furnace* in a certain mannei ^ M. Keeping and sale of gunpowder **".'.....!....*.. ib. 15. Furnacea for lime and chmcoal .'...'."*! ih 16. Discharging fireworks * ' ,t' 17. Purchasing fire-engines, &o ib 18. Preventing thefts, &c jh 11). Compensating persons wounded or performing services at fires, or the families of persons killed 28 20. Authorizing the destruction of houses to stop fires, &c. . . . . . ib. Compensation ' ' •. * 21. Regulating masters, servants, ufcc. . ih 22. Gambling .".'."'.'.*."'.".""."'"■* ib, 23. Preserving public health " ,'^* 24. Compelling cleanliness in yards, &o i .!........!. ! ib. 25. Preventing the deposit of filth in streets, &c ..'.....]. ib. 26. Authorizing Officers to inspect property, to see that By-laws are complied with , j-^ 27. Preventing violent driving or riding jg 28. Providing lock-up house in default of Gaol ib. Clauses of Quebec and Montreal Police Ordinance relating to ditorderly persons extended to Town and VUlage Municipalitiea. XXV. Parts of Police Ordinance extended to Town and Village Municipalities oc, To what place offenders may be committed ib Persons qualified to vote for Members of Local Councils. XXVI. Qualification of voters at Municipal Elections : as to property t6 Residence f t- j Not being in arrear for taxes ,i, Election of Councillors. XXVII. Meetings of qualified electors gg Notice of meeting, by whom given in first instance— [Form A.l ib Who may be elected -i* Qualification of Councillors -u* 2. Appointment of a person to preside at Meetings— [Form C 1 31 S. Who shall preside in default of the person so appointed. . ib 4. Person presiding not disqualified ' ,-^* 5. Powers of person presiding for preserving the peace. .... ... ib'. 6. Such person may command assistance, swear in special constables, &c.— [Form U.]— [Form V.] ^b. 7. Poll Book to be kept if more than seven candidates. . . . . . . . ib. Casting vote .. * If there be no more than seven candidates ib. 8. Poll may be continued to second day if all votes* not polled on first g(, 9. To be closed if no vote be offered for an hour . .. . . .... . . ib. Provided persons have not been prevented from voting by violence ^ ^.^ 10. Voter may bo required to take an oath ib ^^''^ v.:'.'.'.'.'.. ib. Summary. SBCT. PAGES. XXVIII. Notice to be given to Councillors elected 33 Entry into office— [Form K. J .....!...! ib. 2. Notice to Warden or Re£rist:ar— [Foira F.J [ ! . ib. Delivering of rcM Books, &c 33 XXIX. Appointment of Coancillors by the (iovernor u they are not elected ^-^ 2. Term of e.^ioe i. 3. Place and time of fiiet i^esaion to be notified to them ib. SessUma of Local Councils, Election or Appointment of Mayor, f c. XXX. First Meeting, &c 33 2. Quorum .Z 3. Appointment of Secretary-Treasurer and Mayor ib. 4. Who shall be Mayor if no election is made on first day of S33sion 04 If all the Councillors are appointed by the Governor tft. 5. Notice of Election signified to Mayor, &c.— [Form Q.]. . .... ib, XXXI. Vacancies in the Council how filled up ib, 2. If the person occasioning the vacancy be the Mayor.. t6.' 3. Term of office of new Councillor ^ Appointment of certain Officers. XXXII. Certain other Officers to be appointed 35 Valuators ; their qur (ihoatioa and oath of office 16. Road Officers, Inspectors of Fences, Pound-keepers ......... ib Annexation of parts of Parishes and Townshipaand of extra-parockial places. XXXIII. Extra-parochial places og Parishep in townships •! 2. Parishes, &c., partly in one County and partly in another. . . ib, 3. Every township .v. Le a Municipality ,-^' 4. Exception as to a township Laving less than 300 souls, which shall be annexed to another Municipality 35 «. rarishes including town, village or townships fft. Exception if it has less than 300 souls ' " ,-5* 6. Annexation of extra-parochial places, &c., ho v efl'ected— [FormK.] .^ 7. Separation when such place contains more than 300 souls . . . ib, 8. Enumeration to be made in ceriain cases {b\ 9. Costs of enum.^ration how paid j^' 10. Each parish or township now electing Councillors to be a ' Municipality until second Election 37 11. Certain parishes and parts of townships or parighe« to be Municipalities, &c ,-^ Erection qf Towns and Villages. XXXIV. Erection of town and village, how eflfected 37 1. Petition by forty electors— [Form R.] ' . jb. Reference to County Superintendent ,,,,.,. ih 2. His report-[Form S.] v:\ P^i'iJJvi.'^siiJJ^,'. " ' ' 33 3. If the number of houses be too few y,^ Summari/. SCCT. PAOCS. XXXIV. 4. If the number be Bufficient, limits to be assigned 38 5. Deposit of report, &c " ^ 6. Homologation of amendment of report by County Councii— [Form T.] «>-^ .. 7. Presumed homologation il no amendment it,' 8. If amendment be made -i' 9. Copy to Provincial Secretary * " " " "" -i' 10. Governpr in Council may approve, reject or amend ... * ib 11. Proclamation, if approved, with or without amendments ' 39 12. Effect ol Proclamation, and when it shall take effect .... ib 13. Publication of Proclamation ^* 14. Council of the parish, &c., may still be held in town or villaee ib. 16.. To«^;.d and Villages being now Municipalities, to continue such, and elect Councillors l * Contested Elections. XXXV. Circuit Court to decide them aq 2. Who may contest ^ 3. To be brought before Court by petition ,-j* 4. Service of copy of petition " " " ' ^t" Time within which petition must be presented . .. . .' . . ib 5. Adduction of evidence and hearing— Trial may be conlinued in \ acation, and judgment given {/, 6. What may be ordered and regulated by judgment ib'. Service of judgment on Warden ^ 41 7. Irregularities in Election, how to be considered ib. 8. Proceedings if the Election be declared void. ib New Election— [Form A 2.] [ *""" ,-^* 9. Election of Mayor or Warden may be contested. ib 10; If Election of Mayor or Warden be declared void. ......... ib. Appointments by the Governor. XXXVI. Governor to be informed by Chief Officer or Registrar of failure to elect or appoint any Councillor or Officer, and to ap- point to the vacant office 41 2. How information may be given if Chief Officer or Reffistrar fail to give it ° ^2 Montys, Jkbls and Property qfihe Municipalities hereby abolished. XXXVII. Moneys to be paid over to Secretary-Treasurer of new County Council and how applied 42 Recourse of any other County saved ib 2. Recovery of such money if not paid over ib. 3. Assessments, &o., due when this Act comes into force ib 4. Transfer of property of old Municipalities to those under this Act ^g Recourse of other Municipalities paved ....!!!! ib 5. Debts, contracts, &c , of Municipalities ceasing under this Act! * ' by what Municipality to be paid or enforced ib. iiecouise against other Municipalities saved ,. ib[ Rates to be levied for discharging such debts ib. 6. Population, how determined ib. XI Xii Summary. •BCT. PAGJM. , Delivery of Papers, 4'C' XXXVIII. Papers to bo delivered to County Secretary-Ireasurer 43 2. Action to compel such delivery 44 Enforcing judgment in such auion ib. lioadf, Brvfgea and other Public Works— Classification and general provisions applicable to them. XXXIX. Soads, &c., to be classified aa— ^ , 1. Provincial works Jtwv.* 44 2. County works ^, 3. Local works j^, XL. Boads classified j-j^ Front roads , i'5. 2. By-roads or routes. , 45 3 Roads between two concessions t6. 4. Front road of any lot ib, XLI. Width of front roads - ib, 2. of by-roads ib, 3. Difiierent width made by Order, By-law, &c 16. 4. Ditches in ordinary cases ib. 5. •• may be dispensed with , ib, 6. Water courses conveying water from roads through lands of any person ib, 7. Water course allowed to be made ; compensation 46 8. Certain ways declared roads under this Act ib. 0. fioads used &n such for a certain time 16. 10. Ground occupied by road, in whom vested ib, 11. Punishment for certain offences touching roads ib. Ferries. XLII. Where both sides are in one locality 4(3 2. same County but not in same locality. . 47 3. Money arising from ferries, to whom to belong ib. 4. Waters between two Counties {b, 5. Exclusive privileges saved t6. 8. Penalty for acting without license ib. Fords over Rivers. XLIII. To be kept even at bottom 47 Winter Boads. XLIV. Fences to be taken down at certain seasons 47 Exception ; villages, hedges, &c ,■(,, 2. Site of road gg 3. Through what property to be carried ib, 4. By whom to be kept up n,^ 5. Jurisdiction on rivers, &c., between two Municipalities ib. 6. By what Municipalities to be kept up ib, 7. Joint expenses in certain cases {b, 8. Roads across the St. Lawrence ib. When the lOaJ ieaUs (o a city, «ic. ib. tf I Summary. xiu neral provisions 9ECT. FAOSS. XLIV. 8. Municipalities on the North Shore of the St. Lawrence having roads leading to the Island of Montreal 48 9. Double track may be ordered 49 10. Balisos how placed, and of what kind t6. % wAow Roads are to be made and maintained in the absence of any By-lato or Proces- Verbal regulating the making atid maintenance thereof. XLV. By whom roads shall be made, &c 49 1. Front roads t5. If more than one within a certain distance t6. 2. Fords and public bridges t^. 3. By-roads ^^ 4. — — — to mills, ferries, &c 50 5. Front roads on Crown Lands t6. 6. Work on by-roads and public bridges, how to be done ib. Tender and contract jj, 7. Streets in townSy &c ,&. 8. Exemption claimed by whom to be proved ib. Existirtg Proofs- Verbaux and By-laws continued uutil repealed. XLVI. Existing Prods- Verbaitx maintained 50 8. Existing apportionments " n,, 3. ■■ may be altered ib. 4. Obligation to perform work in another County ib. No such order to be made hereafter except in certain cases only, 5 1 5. Repartitions calculated on breadth of lots only, to be valid . . . 16. New Procda-Verbaux XL VII. Applications to County Superintendent for a road 61 2. Notice by County Superintendent of his visit ib. 3. Report of Superintendent ; and Proces- Verbal if required ib. 4. What the Prods-Verbal shall determine ib. 5. How the share of money, materials or work to be furnished by the several parties shall be determined 52 6. Portion of road to be made by each party to bo defined, when praotloable ,-(,^ Relief may be granted to persons whose share oi work would otherwise be excepted it. 7. General rules to be observed fft. XLVIIL Certain things may be ordered by Proces- Verbal-^ 1. Materials and construction of bridges ib. 3. Fences, hand-rails, &c 53 3. Paving, &c., roads through swamps ib. 4. Form and materials of road ^ tj, 6. Clearing timber from alongside of road ib. 6. Generally as to mode of construction ib. XLIX. Deposit of Procis-Verbal for revision ib. What Council shall revise it ift. 2. Notice of time and place of revision— [Form AA.] ib. 3. Ncflce to Delegates when the Procis-Verbal concerns inhabi- -'"■*' "■ mors than one County, and publication in locality. . 54 4. Delegates to attend, &c tft. xiv Summary. SECT. XLIX. 6. Quorum for such revision iu 6. Clerk of the Delegates 54 He shall keep a minute of proceedings jj, 7. Parlies to bo heard . .. 1' * ' 16 8. Proc^. Verbal maybe homologated with or without' Vrtindl ments ■. When to be in force /^^ . V ^j'^'^'^'P^^ '" ih 9. To be deemed homologated after remaining a certain time without amendment or homologation ......'. 55 10. Or if the Delegates f iil to meet or adjourn aine die!: ib, 11. A copy to be delivered Tor each County intere8ted'.''l".V. . . . ili. 12. Procia-Verhaua: to be in duplicate .'^1':'. ! '. '. . ib. How deposited of record .....! ib. 13. They may be repealed, &c., by others . . .r. •^irvt^^.'il ib. CouncOa may raise money by Aesesment for making Roads and Bridges. L. Money may be raised by assessment for roads and bridges 65 LI. Council of Local Municipality may order that roads, &c., be made not by the parties but by assessment and statute labour: effect of By-law containing such order Further effect — . 2. Increase of statute labour 3. Municipality bound to maintain roads, &c., thereafter 4. Municipality liable for damages arising from non-repair 5. Local Council may regulate manner of applying money and labour 6. Roads may be divided into convenient portions as regards statute labour 7. By-law containing such order may be repealed Eflect of such repeal .^. ., , . ib. 50 ib. ib. ib. ib. 57 ib. ib. Compentaiionfor Lands taken for Roads and other Public. Works. LII. Compensation to be made 2. Mode of esfimating amount of compensation No prix d'cfection allowed 3. No compensation for first iront road; unless, &c 4. Valuators to ascertain compensation after notice to parties interested 5. Two Valuators mayact Provision if any of them be disqualified 6. As to objecliou to Valuators 7. Certificate to be granted after hearing parties , -,,.,..,, Hov? recorded : to be final , «twifi^t*fcL 8. What description. shall suffice in such certificate. 9. Land vested in Municipality on payment of compensation, if any ».. Registration not required 10. Compensation to be paid clear of all deduction Proceedings if it be claimed by more than ono party ' 11. New roads not tn ha mgh nnaoa ,. * •• ~ f5 Interest to be recorered at 18 per cent a* Evidence !;• «6. • • 11 . - • • xvu i»4ii Sttfn/itMfy. LXXIV. .4. 6. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 3. Secretary-Treasurer to make general Collection-Roll— [Form GG.] 75 Contents: it shall shew the amount payable by each person, ib. Proviso : as to year when new Valuation is made t*. Special Colleotion-Holl in certain casei ..,.., < 76 He shall forthwith collect the assessments due ; and in what manner ^ , ., ^^ Notice-— [F>.».m> I* - 'i»'.'»-'ii_* Meeting lor the general election of Local Municipal Coun- cillors *_ gg D.-Certificate to be annexed to or endoised on every Special Notice . . 87 tkSbh Summary. ir 1? •■ei. VAOcs. E.— Special Notion to Muaioipal Councillor infonning him of hit elec- tion and of the day of the first session 87 F. — Notice from President of Eleotion to Warden or Registrar, when an Election hae taken place ib. G. — Appointment of a Deputy County Superintendent 89 H. — Notice of appointment of a Deputy County Superintendent ib. I.— County Council By-law 90 J. — Local Council By-law if>- K.— Publication of a resolution of a Municipal Council 91 L.— Notice for Special Meeting of a Municipal Council ib. M.— Notice for an adjourned Meeting of a Municipal Council ,to be served on Members absent atlhe time of adjournment 92 N.— Oath of Office ib. 0. — Secretary-Treasurer's surety bond, when given under private seal. 93 P.— Special Notice of appointment of a Municipal OflHoer 94 Q. — Notification of election or appointment of Mayor ib. R.— Petition for the erection ofa Town or Village. : ■ . 96 S.— Public Notice to be given by the County Superintendent in relation to the erection of a Town or Village ib. T,— Public fiotitd to be givdn by a County Council before the homolo- gation of a County Superintendent's report in relation to the erection of a T6wn or Village 96 U.— Oath to be adminidteMd to Special Constables ib. V. — Warrant of commitment on view ib. W.— Distress Warrant in virtue of any By-law made under Section XXlir, par. 8 97 X.— Special Notice to be given to any person appointed by the Go- remor General, and to the Secretary-Treasurer of the Municipality in which such person. has been appointed. ... 98 Y. — Notice to perform statute labour 99 Z.— Secretary-Treasurer's notice for the payment of Assessment 100 AA.— Public Notice of the examination of any Procis-Verbal 101 BB.— Special Notice of County Superintendent, &c., of his intention to enter on occupied land for the purpose of Survey. . . i . . . ib. GC.-~Publio Notice of County Supenntendent's intention to examine Roads in Local Municipality ib. DD.— Special Notice of the intention of Inspector of Roads to visit an Overseer's Section 102 EE.— Valuation-Roll of a Municipality 103 FF.— Public Notice of the Revision of a Valuation-Roll 102 G6.— Collection-Roll of a Municipality 104 HH.— Distress Warrant for Assessments due 105 1. 1.— Notice of the day and place of Sale of Goods and Chattels seized for taxes • 106 J. J.— Certificate of a Secretary-treasurer of County Council of Amount required from a local Municipality t^- KK.— Statement of value of Asaes&ttble Property »'&• LL.— Statement of Lands to be sold for Taxes, and Notice ol'Sale 107 MM.— Form of Debenture. . .^ ^08 4MI ANNO DECIMO-OCTAVO VICTORIA BEGINS, CAP. C. Lower Canada Municipal and Road Act of 1855. [Assented to SOth May, 1855.] WHEREAS it is necessary to reform the Municipal and Preamble. Road system of Lower Canada, and to establish therein County, Parish, Township, Town and Village Municipalities : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper -and Lower Canada, and for the Government of Canada, and it is hereby enacted as follows : L That this Act shall come into force on the first day of July, Commence one thousand eight hundred and fifty-five, and not before. ment of Act. IL This Act shall apply to Lower Canada only. Extent of Act. in. This Act shall not apply to Roads or Bridges under the Act not to ap- control of the Commissioners of Public Works, unless and until P'y *» certain the same shall be relinquished to the Municipal Authorities ; redJd'totui' nor to Roads in possession of any individual proprietor or Com- nicipalhiesT pany under any Act or By-law : 2. But whenever any Road or Bridge theretofore under the But shall ap- control of the Commissioners of Public Works, or of any Trustees P'y ^^^^^ such or other like authority, or of any incorporated Company or in- "'*'°"* dividual proprietor, shall cease to be under such control, such Road or Bridge shall thereupon be vested in the local Munici- pality or Municipalities in which it lies, as a public road, and shall be maintained and dealt with under the provisions of this Act. ly. The provisions of this Act shall not extend to that portion Act not to ex- 01 the parish of Montreal which forms the city of Montreal as *^"'' '° ^*^"»« incorporated by law ; nor to those portions of the parishes of taTn parishe's Quebec and St. Roch respectively which form the city of Quebec included in 1 as cities or towns. 2 Cap. 100. Municipal and Road Act L.C. 18 Vict. as incorporated by law ; nor to that portion of the parish of St. Hyacinthe the Confessor which forms the town of St. Ilya- cinthe as incorporated by law ; IlISS' eomnH« 'onlJ*;? f«"»Jf^'P-''^y «f the parish of Montreal shall Queber.Mont- compnae only that portion of the said parish which is without real and St. the limits of the said city of Montreal ; the Municipality of Hyacmihe de- the parish of Quebec shall comprise only that portion of the said parish which is without the limits of the said city of Quebec : the Municipality of the parish of St. Roch shall comprise only that portion of the said parish which is without the limits of the said city of Quebec ; and the part of the parish of St. Hyacinthe the Confessor which is without the limits of the said town of St. Hyacinthe, shall for the purpose r I thii Act be deemed to be an extra parochial place, anr? sh. 11 be annexed to the adjoining parish of Notre-Dame do St. Hyacinthe; t^lown '?f"'* t ?: '^^^ P'^^r^i^^^ °^ t^"» Act shall.extend to the Municipality Three-River., **! ^^f. town of Three-Rivers, as it now is, as if the said Muni- which shall cipality had been erected into a Town Municipality according ^IX^LH' *° the formalities prescribed by this Act in such case ; and from the town by and alter the commencement of this Act the said Municipality ^^t}^ ^* ** ^®' ^° *^* intents and purposes, considered as a new Town »• 104. Municipality created by this Act, and all the powers, functions and duties vested in, or imposed upon, the Municipal Council ojthe town by the Act passed in the Session of the Parliament of this Province, which was held in the thirteenth and fourteenth years of Her Majesty's Reign, chaptered one hundred and four, and intituled. An Act to transfer to the Municipal Council of the Mumcipality of the Town of Three-Rivers the administration of the Common of the said Town, and for other purposes, are hereby vested in the said Municipality ; ■ ^ KTI?' u^;, ^"^ *^^* *^^ Municipality of the parish of Three-Rivers Three-RiJers ^^^L^ comprise only that portion of the said parish which is defined. Without the limits of the said town of Three-Rivers ; and for the purposes of this Act, tho parish of Three-Rivers shall be understood to comprise aL 'JKit trR'jt of country now being within the ministration rf \1 .; cclesias ■ li Authorities (des«cr/e) of the parish of liircj Rivers, including the several concessions upon the St. Lawrence and in the rear of such concessions, up to the tract comprised within the ministration i^sserte) of the parish of Pointe-du-Lac, and as lar as the fief St. Etienne ; it *0 xtend 6. The provisions of this Act shall also extend to the Munici- b^ Srooke" rt7 °^^^^ "^^w" o^ Sherbrooke, as it now is, as if the same The said town u ''!^» erected into a Town Municipality under this Act : and defined. the said Municipality of the Town of Sherbrooke and ihe Town- ships of Ascot and Orford shall be, for the purposes of this Act, aiii/iuui.u %vituin iiic \^uuuiy oi (jompion j 6. 1865. Municipal and Road Act L. C. •s ; and for Cap. 100. 8 6. The provisions of this Act shall also extend to the selile- mcnts of Ste. Anne des Monta^ except in so fur as the same may be repugnant to the provisions of the Act passed in the tvvellth year of Her Majosty's Reign, intituled, An Act detach- in-r the Hettlements of Ste. Anne des Mants and Cajt-Cliat from the Munidpality of GaHp4, and to erect the same into a separate Municipality^ which Act shall remain in force, except that the Municipality of Ste. Anne des Monts and the Municipal Council thereof shall possess all the powers conferred not only on Parish and Township Corporations and Councils, but also on County Corporations and Councils by this Act; and that the Act passed in the Session held in the tenth and eleventh years of Her Majesty's Reign, intituled, An Act to make better provtsian/or the establishment of Municipal authorities in Lower Canada^ and all other Acts amending the same, shall be repealed, and shall cease to have any force and efl'ect in respect of the said Municipality of Sle. Anne des Monts : Provided always, that the said 3Iunicipality of Ste. Anne des Monts shall, for the purposes of this Act, form no part of the County of Gaspe ; How thi« Act •halt apply to Sste Anne di's ' outs ond Cap-Chat, 12 V. c. 128. Act 10 & 11 V. c. 7 repeal- ed as to Ste. Anne, &c. Proviso. 7. The provisions of this Act shall also apply to the Magdalen How this Act Islands, which, for the purposes of this Act, shall form a sepa- s'»ali apply to rate Municipality under the name of the Municipality of the n ^'"S''*'®" Magdalen Islands, and the Municipal Council thereof shall be composed of five members, and shall be presided over by a Mayor, as if the said Islands formed only one Parish or Town- ship ; but the said Council shall possess all the powers con- ferred by this Act not only on Parish and Township Corpora- tions and Councils, but also on County Corporations and Councils : Provided always, that the said Municipality of the Proviso. Magdalen Islands shall not, for the purposes of this Act, form part of the County of Gasp6. V. The Act of the Legislature of Lower Canada, passed in Acts and Or- the thirty-sixth year of the Reign of King George the Third finances re- and intituled, An Act for making, repairtnvr and altering thi T^c'^' Highways and Bridges tvithin this Province, and for other pur- c."9.' poses, and the Act of the said Legislature, passed' in the thirty- ninth year of the same Reign, and intituled. An Act to amend an L. C Act^ passed tn the thirty-sixth year of His present Majesty's C' »• Reign, intituled, An Act for making, repairing and altering the Highways and Bridges within this Province, and for other pur- poses, and the Act of the said Legislature, passed in the forty- L. C. 48 G. 3 eighth year of the said Reign, and intituled, An Act more ^.25. effectually to provide for the making, altering and repairing tJie Highways and Bridges loithin the Inferior District oi Gasp4 and to repeal so much of an Act passed in the thirty-sixth year of His Majesty's Reign, and intituled, ' An Act for making re- pairinsr and alteri.no' thp Hicrhmnno ««// r*.,v«.^».. .,•#!.-•„ ji..r Vi..- ~ . " I /. 1 ^ — ^ :/•• •~"-^'- -^^r ■■■^'■Q^a ii.ittit.ri cues jrru- vince. and for nth pt purposes,' as regards the Inferior District. lature. 36 G 3, 39 G. 3, 1 Legislature, passed in the third year of the Cap. 100. Municipal and Road Act L. C. 18 Vict. L. C. 3 G. 4, c. 19. the Reign of King Gsorge the Fourth, and intituled, An Act to explain and extend the provisions of an Act passed in the thirty- sixth year of the Rei^ of His late Majesty^ intituled^ ' An Act for riaking, repairing and altering the Highways and Bridges within this Province^ and for other purposes^ in so far as res- pects ike townships^ and the Ordinance of the Legislature of Lower Canada, passed in the second year of Her Majesty's Reign, and intituled. An Ordinance to amend the Act passed in the thirty-sixth year of the Reign of King George the Third, Chapter Nine, commonly called the Road Act, and the Act of the Legislature of the Province of Canada, passed in the Ses- sion thereof held in the tenth and eleventh years of Her Majes- ty's Reign, intituled. An Act to make better provision for the estabhshment of Municipal Authoriiies in Lower Canada, and an Act of the Legislature of the said Province of Canada, passed in the session thereof, held in the thirteenth and fourteenth years of Her Majesty's Reign, intituled. An Act to amend the Municipal Laio of Lower Canada, and another Act passed by the Legislature of the said Province of Canada, in the Session thereof, held in the fourteenth and fifteenth years of Her Majes- ty's Reign, intituled. An Act further to amend the Municipal Laws of Lower Canada, and so much of another Act passed by the Legislature of the said Province of Canada, in the sixteenth year of Her Majesty's Reign, and intituled. An Act to remove doubts with respect to the proper Courts of Review for Appeals from By-laws of the Municipal Councils, arid to amend the Muni- cipal Laws of Lower Canada, as relates to the opening or changing of front roads, shall be and are hereby repealed, except in so far as any of the said Acts or the said Ordiixance may relate to the City of Quebec, or the City of Montreal, or to any road or street therein, and except in so far as relates to any Proc^5-F11 i^~ T"/^ T- ' VT "'\,","'""^'""'^=» "* every v^oumy incorporated. ^^^^ ^^ ^ Corporation or body politic under the name of " The Corooration nf ihp. C.nnniv M jj /i. .• . .. Corporation of the County ot name of the County : eachiIiri8h*'or ^ ^' ^^^. inhabitants of every Parish and Township shall be a township. Corporation, or body politic, under the name of " The Corpo- ration of the Parish (or Township or Townships, or of the part of the Parish or Township, as the case maij be) of » {here insert the name of the Parish or Tovmship) ; 3. The inhabitants of every Town and Village, being a body corporate at the time of the commencement of this Act or being declared such by this Act, or for the incorporatioA of which the formalities hereinafter prescribed shall have been observed, shall be a Corporation or body politic under the name ol the Corporation of the Town {or Village, as the case may be) ®' {here insert the name of the Town or Village). And those of certain towns and villages. PROVISIONS i\ 1855. Municipal and Road Act L C. Cap. 100. PROVISIONS APPLICABLE TO MUNICIPAL COUNCILS GENERALLY. CORPORATE POWER AND NAME. XI. Every such Corporation shall have perpetual succession ; Generalcorpo- may have a common seal ; may sue and be sued under its "^^ powers, corporate name in all Courts of Justice ; may acquire by pur- chase, donation, devise or otherwise, any real or personal property, and may hold or enjoy, or alienate the same ; may Further gene- enter into all contracts necessary to or connected with the "^P'^wers. exercise of its functions, power and authority ; and shall have all other collective rights and powers necessary for the per- formance of the duties imposed upon, and for the exercise of the authority vested in it : 2. Every such Corporation shall be represented by a Council, Corporation to be composed as hereinafter provided with special reference ^° ^^t by a to County Councils and Local Councils respectively ; and all ^°"°*^'^' the powers, authorities, duties and obligations of every such Corporation shall be exercised and performed by such Council and its Officers ; 3. The Council of a County Municipality " The Municipal Council of the County of insert the name of the County) ; shall be called Names of " (here Councils of ^ Counties. ea. 4. The Council of a local Municipality shaii be called " The Of parishc, Municipal Council of the Parish {or Township or Townships, 'ownships, or of the part of the Parish or Township, or Town or Sger Village, as the case tnay be) of " {here insert the name of the Parish, Township, Town or Village) ; 5. Every County Council shall be composed of the Mayors Composition of the several Local Municipalities of such County in which 9f County Mayors have been elected or appointed ; 'iJounciis. 6. Every Local Council shall be composed of seven Council- of Local lors, to be elected or appointed in the manner hereinafter pro- Councils, vided ; 7. No Councillor shall in any case receive or be entitled to Councillors any wages, allowance, profit or emolument whatever, for his not to be paid services as such Councillor ; nor shall any Councillor hold any "such; subordinate office under any Municipal Council, or become ^^ ^°'*^ surety for the performance of the duties of any such Officer ; Council!"'" 8. Each Member of a Council shall, immediately after hisoathofoffic election or appointment, take an oath well and faithfully to to be taken by perform the duties of his office. Councillor?, [Form N.] SESSIONS f-mf^'. 10 Cap 100. Municipal and Road Act L. C. 18 Vior. SESSIONS OF MUNICIPAL COUNCILS. st^o^Sumy ™: \ ^r^''".^ Q"^'^^^^y Session of each County Council Councils. ^aJl be held on the second Wednesday in each of the montS March, June, September and December, at the placTwhich shal be determined upon by the Counc 1 excent the fir^ r. neral Session, the time anl place of ho ling w^Wch shall be" appomted m the manner hereinafter provided : s^r ofSa"l , ^- t/^"«^,^ Local Council shalf Councils. be held on the first Monday in each month nt fl/J i which shall be determined l^on TyxCcL^l '^ce^Z firs General Session, the time and%lace of holdinrwh ch shall be appomted in the manner herein-^iter provHed f Holidays. 3. But if any of the days so fixed be the Queen's Birthdav or a Holiday {me dybligati^n), such GeneraT Session shaj commence and be held on the day next following; Special Ses. 4. Special Sessions of anv Council mnv r,l«,^ Ko sionsofany hv thp rhi-*.f nfK,«, ^ v^ouncii may also be convened Council. ll^l^^ ^hiel Officer, or any two Members of such Council alter special notice, given to all the other Members by Ue Hour of Meet, persoii or persons requiring such Session. And every Session / r . f ?. ^'""'^^ °' ^P""^^^' «h^^l commence at the hour of fForm L.] ten m the forenoon, unless otherwise determined by Sw notice or adjournment ; -^ ^ ^> pres'ide'S:" ^' J\^ ^'^^^ Officer of the Council, or in his absence mioh Lieetings. one of the Councillors as shall be choseA by a rajorhTof v^^^^^^^ of the Councillors present, or, upon an equal divilion of vo^es the Senior m age of such Councillors, shall presidei 6 All disputed questions shall be decided by a maioritv of the votes of the Members present, not including th?cS nian ; and when the votes are equally divided, the ChakmTn shall give the casting vote ; * ^nairman 7. The Sessions shall be held with open doors ; 8. Every Council, and any two of its Members when there IS not a quorum present, may adjourn any Generll or !ZVu^ ^"T"" '° .^ «"bsequent day, but no such^adjoummen shall be made until after the expiration of one hourfrom S^e failure of the quorum ; ™ ^"® wlonVi?^ .% ^"^ "° adjournment of the Session of a County Council adjournments, f ^» ^e «iade to any time less than seven clear dayrsubSTen to the day on which such adjournment is mnl ^ adjournment of the Session of a LoTaT CounoiTsh.l h T unless m either case a ouorum. of the rop--;! ^^ present when such adjoummen. was made ! and spedd nmfc" of Questions how decided. Open doors. Adjourn- ments. [Form M.] Notice of adjournment f^m' 18 Vior. 1856. Municipal and Road Act L, C. Cap. 100. S. ounty Council f the months of pJace which pt the first Ge- ^hich shall be Council shall at the place 3il, except the olding which ided ; in's Birthday Session shall be convened ach Council, nbers, by the very Session, the hour of by By-law, ibsence such ority of votes ion of votes, e: a majority the Chair- Chairman ibers when General or idjoumment ur from the nty Council subsequent 2 ; and no ill be made 3 such day, neil were Jcial notice of 11 of every such adjournment shall be given by the Clerk to all the Members of the Council who were not present at the time it was made, if there was not a quorum present at that time ; \V. \o- 10. No Council shall be dissolved by the fact of any Session Failure of Ses^^J thereof not having taken place ; sion iint todis- 11. Every Chief Officer of a Municipal Council shall be ex officio a Justice of the Peace within the limits of the Munici- *°J*® pality wherein he has been elected or appointed, so long as hes^the!S^**^-^<^^'^ shall continue to act as such Chief Officer. jstice of APPOINTMENT OF OFFICERS. THEIR DUTIES, &C. XIII. Every Council shall at its first General Session, or at Secretary- a Special Session which shall be held within fifteen days from Treasurer, the first day of such first General Session, appoint an Officer who shall be called the " Secretary-Treasurer" of the " Municipal Council of the County (or Parish or Township or Townships, or of the part of the Parish or Township or Town, or Village, as the case may be,) of " (Acre insert the name of the Municipality) ; 2. The Secretary-Treasurer of every Council shall he the Duties of Se- Custodier of all the Books, Registers, Valuation Rolls, Collection cretary-Tiea- Rolls, Reports, Procds-verbaux, Plans, Maps, Records, Docu- *"'^*'' meuts and Papers kept or filed in the Office of the Council. He shall attend all Sessions, and shall enter in a Register to be kept for that purpose all the proceedings of the Council ; and he shall allow persons interested therein to inspect the same at all reasonable hours. And every copy or extract of or copies certi- from any such Book, Register, Valuation Roll, Collection Roll, fied by him to Report, Proems-verbal^ Plan, Map, Record, Document or Paper, ^^ auihentic. certified by such Secretary-Treasurer shall be deemed authentic ; ^ 3. Every person appointed Secretary-Treasurer to a Council, Secretary- shall, before acting as such, give the security hereinafter Treasurer to mentioned ; give security. 4. He shall furnish two sureties, whose names shall be How such «e- approved by a resolution of the Council, before they shall be <:"i-'ty shailbe admitted as such ; all such sureties shall be jointly and severally ^'^*'"* bound together with the Secretary-Treasurer, and their obliga- ^wo sureties tion shall extend to the payment of all sums of money ior which the Secretary-Treasurer may at any time, be accountable to the Corporation, including principal, interest and costs, as well as all penalties and damages to vvhieh he shall become liable m the exercise of his office ; required. 5. r 1 ^1 Itll I in I 12 Form of se- curityship ; deposit of Bond, &c. tPorm O.] Kegistratiou of Bond. Duties of Secretary- Treasurer ; receipts and payments. Cap. 100. Municipal and Road Act L. C. 18 Vict. 6. Every such security may be given by a Bond executed before Notaries, or before a Notary and two witnesses and accepted by the Chief Officer of the Council, or bi S inder private signature in duplicate ; the Secretary-Treasurer shall deliver a duplicate of such Bond, if executed under prfvate signature, or a copy thereof if executed before Notaries or before ?h. r TJ" !r ^i^^^^^f «' to the Chief Officer who shall be sl^Ill r^pTh ^'^'"k'w^"'^ another copy, or the other duplicate, the Councfl Secretary-Treasurer among the reiords of 6. Every such Security-Bond, when duly registered in thp Registry Office for the County or RegistrationyiToTin whch he Secretary-Treasurer resides, shall cariy with it a hypmhec (hypothegue) only on such immoveable property as shuH have Offip.1 n7 th ^^^^g"^*^^ And it shall be"^ th^e duty of the ChTef Officer of the Council to cause it to be enregistered imme- diately on receipt thereof ; ^ .u:J^^ Secretary-Treasurer of every Council shall receive all moneys due or payable to the Municipality, and he shall pay out of such moneys all drafts or orders drawn upon hirn by any person thereunto authorized by this Act for the payment of any sum to be expended or due by the Munici- pahty whenever thereunto authorized by the Council : but no such draft or order shall be lawfully paid by the 8a"d Secretary-Treasurer unless the same shaft she7s«fficiently the use to be made of the sum mentioned in such draft or order, or the nature of the debt to be paid thereby ; ^ccounts an g ^j^^ Secretary-Treasurer shall keep in due form Books of Account, m which he shall respectively enter each item of llTf ? «f P^nditure, according to dates, mentioning at the same time the names of the persons who have plid anv moneys into his hands, or to whom he has made any payment respectively ; and he shall keep all Vouchers for expeSre • 9. The Secretary-Treasurer shall render to the Council everv six months that IS to say, on the thirtieth day of June and on the thirty-first day of December in each year, or oftener if required by such Council, a detailed account of his receipt and expen- diture attested by him under oath ; ^ '^ «hin'i3^^^^'''f^'^"'^'^^'."'""'«^°°^«°^A«<^«"ntandVouchers shall be open for inspection at all reasonable hours, to the Council, and to each of the Members thereof, to the Mun cipa^ Officers by them appointed, and also to all persons liable to assessment in the Municipality ; cb.M\T^%?i!r!f'"^-'^^^/«"i^^^ «' ^»y other person who laiy-irea- • '■"i l^«Vc Hiiea iiju suid omce, mav be snpri hv fha nui e .«,„.,»„„ Officer of .he Council or by .he "crn^ S^pe'U'ndem ta the Rendering accounts. Accounts to be open to Members of Council, &c. Mode of com pelling Secre 1855. Municipal and Road Act L. C. Cap. 100. 18 3ond executed nlnesses, and >y Bond under reasurer shall under private ariea or before who shall be ther duplicate, the records of jistered in the sion in which it a hypothec as shall have y of the Chief stered imme- shall receive and he shall n upon him Act for the the Munici- iicil ; but no t)y the said V sufficiently mch draft or )rm Books of each item of oning at the 'e paid any my payment ixpenditure ; mncil, every e and on the r if required and expen- nd Vouchers ours, to the B Municipal IS liable to >erson who the Chief titendent in the the name of the Municipality before any Court of competent accounts and jurisdiction, to compel him to render an account ; and in any P"y> *":• such action he may be condemned to pay damages for having failed to render such account ; and if he render an account he shall be condemned to pay such balance as he shall acknow- ledge or declare to have in his hands, together with such other sums as he ought to have debited himself with, or as the Court shall think he ought to be held accountable for ; and every Judgment, judgment pronounced in any such suit, shall include interest interest, at twelve per cent on the amount thereof, by way of damages together with costs of suit ; 12. And every such judgment shall carry contrainte par corps contrainte against the said Secretary-Treasurer, according to the laws corps, to en^"*^ in force in such cases in Lower Canada, if such contrainte be force judg- demanded in the action to compel the rendering of the said ""®"*' account ; 13. Every Council shall have power and authority to appoint Council may such other Officers as may be necessary for carrying into effect appoint other the provisions of this Act or of any By-laws or Regulations of ™^"'* such Council ] 14 Every Municipal Officer, whether elected or appointed delivery of shall, within eight days from the day on which he shall cease by K'fficw to hold such office, deliver to his successor in office, if then »o his succes- elected or appointed, or if not, within eight days after the elec- ■°'- tion or appointment of such successor, all moneys, keys, books, papers and insignia belonging to such office ; 15. If any such officer die or absent himself from Lower Ca- His represen. lada, without having delivered up all such moneys, keys Native to deli- ^ t)ooks, papers and insigrnia, it shall be the duty of his heirs or Tn Use of Ms •other legal representatives to deliver the same to his successor death, &c. in office within one month from his death, or from his depar- ture from Lower Canada ; 16. And in every such case the successor in office of every Successor may such officer shall, besides all other legal remedies, have a right ^^''°''^I ""* of action before any Circuit Court, either by saisie revendica- dtuvVred!' tton or otherwise, to recover from such officer or from his legal representatives, or any other person in possession of the same all such moneys, keys, books or insignia, together with costs and damages lor the benefit of the Municipality, and every judgment rendered in every such action may be enforced by contrainte par corps against the person condemned, accord- Cbn''«W«par mg to the laws in force, in such cases in Lower Canada, if by ""'^' the declaration such contrainte is demanded. XiV. Every appointment of an Officer by a Municipal Council ^°^^ °.^ shall be made by a resolution of such Council, and the "^S!"^ Secretary-Treasurer 14 Cap. 100. Municipal and Road Act L. C. 18 Vict. Notice. Secretary-Treasurer shall without delay give special notice [Form p.] thereof to the person appointed : ^ ^ Term of office. 2 Every Officer so appointed, except Secretaiy-Treasurers and County Superintendents, shall remain in office for a period of wo years from the date of his appointment, and no longer, unless re-appomted ; ° » Officer may be removed, on certain conditions. 3. Every such Council may remove any Officer appointed by It, and may also remove any Officer appointed by the Gover- nor and not being a Member of such Council, provided that another person be appointed in his stead by the same resolu- tion proposing to remove such Officer, but not otherwise. POWERS COMMON TO ALL MUNICIPAL COUNCILS. All Municipal _,v t< r\ Councils may AV. jLvery Council shall have power and authority to make c"of;:rnfn-g-' fo" .l^"" """ nl° ')T "'^'"^ °^ ^^P^^^ ^ ^^^^^ Or By-laws [Forms I& J.] ^°' ^" °' ^"^ ^^ ^^« following purposes, that is to say : SsliL^''^^ L.For the maintenance of order and decorum during the bes^ons. Sessions thereof and for compelling the members to attend such Sessions and to perform their duties ; tTi[n"/nf '^ ^' ^M *^^ P^^'chase and acquirement of moveable or im- d.s^pos.ngof moveable property for the use of the Municipality, and f^r the sale and disposal of the same when no longer required ; S'leiSf /• Foj*thf construction, acquirement, leasing, or repairing bLlSgf'^.'^- «f ^.»y building required by the Municipality either for thf sessions of the Council or for other Municipal purposes within the scope of its functions : r r t- the scope of its functions ; Construction 4. For the erection, construction, widening, altering or re- fenceMitches. f™^ °^, f "^t' .^^^'t^^' ^^^ches, drains or watercourses as the &c. ' interests of the inhabitants shall require to be so erected con- structed, widened, altered or repaired, at the expence of the Municipality ; ^ Regulating ferries. Licenses for lerries. 5. For regulating any ferry under its control,— for fixing the tolls to be charged for crossing the same,— for authorizing any officer to grant a license to keep such ferry, and for fixing thi sum to be paid for such license, and the other condition? on which such license shall be granted, and for imposing penalties on any ferryman or other person contravening such By-laws • Limitatujn as but no such license shall be granted for more than one year* to period of and It shall not be lawful by any such By-law to makeTe' tolls payable by any of the inhabitants of any Local Munici- pality, or of any part of a Local Municipality on any Ferry less than those payable by other persons, or to give any undne advantage to any such inhabitants with respectlo such tolls ' 6. licenses, &c. 1855. Municipal and Road Act L. C. Cap. 100. 15 6. For the or for consideration, or erected at ^ ^ ^^^^^ vince of Lower Canada, within the limits of the Municipality or of such portion of any such road or bridge as may be within' or partly within and partly beyond the said limits, together I with the lands and dependencies required for the use or I management of the same ; 7. For raising and levying such suras of money as may be Raising and Inecessary for any purpose within the scope of the functions of '^^yys "lo- [such Council ; such sums to be raised by rates equally assessed "quallj "im!" [upon all the persons liable thereto in proportion to the value of pos^rl. [their assessable property ; 8. For raising and levying moneys in aid of the construction, Aidinjrin con- [maintenance or repair of any Road leading to the Municipality ^'^i^-'"" «^ or of any Bridge or other public work beyond the limits of the tiuftth^e'M'u. Municipality, whereby the inhabitants thereof may, in the nicipiity, tho' [opinion of the Council, be sufficiently benefitted to warrant the "°' '" ^^' granting of such aid ; 9. For borrowing any sum of money (the principal and inte- 38t of which may be payable either in this Province or slse where, and either in the currency of this Province or of the country where the same may be payable,) necessary forany of the ourposes Avithin the scope of the functions of the Council, or for jiving assistance to the construction of any railroad under the Provisions of the eighteenth section of the " Railway Clauses ponsolidatiori Act," or for taking stock in, or lending money to biy incorporated Railway, Road or Bridge Company in whose Railway, Road or Bridge the inhabitams of the Municipality hall, in the opinion of the Council thereof, be sufficiently iterested to warrant them in taking such stock or lending such loney for the advancement of such work ; or for issuing Deben- lures or Bonds for any of the purposes mentioned in this section every such Debenture or Bond being issued for a sum not less Ihan twenty-five pounds currency of this Province, and bein^ bayable m not less than five and not more than thirty years • ox for the management of any Sinking Fund provided by any such ^y-law ; but no By-law made under the provisions of this section hall have any force or effect unless it be made for a sum noi Ixceeding twenty per cent on the aggregate valuation of the [property thereby affected according to the Valuation-Rolls then existing, nor unless it impose a yearly rate sufficient, according to such Valuation-Rolls, to pay the interest on the sum to be Iborrowed, and two per cent, over as a Sinking Fund • nor unless It shall have been approved in the manner hereinafter ! provided. Borrowing money, and issuing Bonds orDebenfures, &c. for Assisting in construction of Railways. LForm M M.] Managing Sinking Fund. Total amounc limited. Rate for in- terest and Sinking Fund. No such By-law shall be repealed or altered until the whole bv law not to sum borrowed and the mterest thereon shall be paid off, except bJjj'eaTed? by J6 except, ice. Money bor- rowed by a Coiiiily tor Kail way pur- poses asatoie- said, to be paid by Local ^lunicipalities within it. By-law must be approved under 16 V. c. 22, and 18 V. c. 13. Depositing ui&.'.ey. Paying da- mages done by Aioters. Cap. 100. Municipal and Road Act L. C. 18 Vict. by some other By-law approved by the Governor in Council the repeal or alteration of which shall be subject to the like condi- tions. Whenever any such By-law is passed by a County Coun- cil, the principal and interest of the Loan shall be payable by all the Local Municipalities in the County, and the Secre- tary-Treasurer of the County Council shall in each year appor- tion the amount to be paid by each according to the assessment rolls then in force in such Local Municipalities respectively • and every such By-law shall be approved in the manner pro- vided by the Act passed in the sixteenth year of Her Majesty's Reign, intituled. An Act to establish a Consolidated Muni- cipal Loan Fund for Upper Canada, as amended by the Act passed in the eighteenth year of Her Majesty's Reign, inti- tuled,^» Act to extend and amend the Act to establish a Consolidated Municipal Loan Fund for Upper Canada by applying the same to Lower Canada, and for other purposes and all the provisions of the said Acts shall apply to every such By-law except in so far as they may be inconsistent with any of the provisions contained in this section. 10. For depositing the funds of the Municipality or investing the same at interest, in any chartered Bank or public security oi the Province ; '' 11. For indemnifying persons who shall have lost buildings or other property destroyed either wholly or in part by rioters within the Municipality ; ^ Paying Cffi- 12. For the remuneration of their Officers, in addition to any lees, penalties or per centage which they may be entitled to under the authority of this Act or of any other ; o?5rfr1td r ^^' M °' ^"k"^"! the duties of all the Officers appointed by the enforcing per- ^Y^uncii or by the Governor, and imposing penalties upon the said Officers for neglect of duty in cases in which such duties have not been sufficiently defined, or such penalties have not been determined by lav.' ; but no such fine or penalty shall in any case exceed the sum of five pounds currency for any one offence ; •' •' formance thereof. ™;'f"m ,h',1- Jr^'^'^^K""^ '"'^"^n"' '""""^y Whenever the same Officers, Con. «*^^'^ not have been specially regulated by law, from all per- tiactois, &c. sons accountable for the moneys of the Municipality, and from all Contractors with the Council or its Officers, in such manner, and to such amount as the Council shall think proper to determine ; ^ ^ Imposing and collecting pe- nnlfiAc 15. For imposing and collecting, by seizure and sale of the goods and chattels of tho nffpnHpr «»,,, v«„c^„oUi„ i._- not exceeding in any case five pounds currency, and for imposing 18 Vict. in Council, the > the like condi- County Coun- ull be payable and the Secre- leh year appor- the assessment 8 respectively ; he manner pro- Her Majesty's olidated Muni- Jed by the Act 's Reign, inti- to establish a 'er Canada hij other purposes y ipply to every consistent witli ity or investing •ublio security lost buildings )art by rioters ddition to any be entitled to pointed by the )enalties upon 1 which such penalties have penalty shall rrency for any ^er the same from all per- lity, and from ers, in such I think proper 1865. Municipal and Road Act L. C. CUp. tod. nd sale of the ■^lAe penalty acy, and for imposing imiwsingreasonable punishment by imnrisonment,notexc(^cdInfl rmro«!n« im- thirty days, for the breach of any of the By-laws or Regula- P"»onn'cnt. tions of the Council ; 16. For malung such other local Rei^lntions, not contrary to Other Locnl Law, as the good of the inhabitants ol the Municipality may ^*'«"'a'»on«' [require. r j j PUBLICATION OF BY-LAWS. XVL Every Municipal Council shall publish all By-Laws Publication by Tiade by them, by causing a copy thereof written in the Eng- '^'^'"« "P ish and French languages, and certified by the Secretary- faT," °' ^''^* Treasurer of the Council, to be posted up, within fifteen |days from the date thereof, on the front door of at least one t:hurch or Chapel, or other place of Public Worship, and whe- her there be or not any place of Public Worship, at some )ther place ol public resort, in each of the Parishes Town- ihips or parts of Parishes or Townships, Towns and Villages he inhabitants, or any portion of the inhabitants of which may ie interested in such By-Laws. In Parishes the CounciUball Iso cause all By-laws to be published, by causing them to be Pad at the doorol the Church of the Parish to which they relate imediately after Divine Service in the forenoon, on each of le two Sundays next after the passing of such By-laws. And And by inser- lews* fevery such Council may also cause all or any of such By-Laws """ '° ^''■ lo be published in any Newspaper printed in the district, or in ^''^"' ly adjoining district. ^ERSONS DISQUALIFIED OR EXEMPT FROM ACCEPTING OFFICE AS MEMBERS Oil OFFICERS OF MUNICIPAL COUNCILS. X Vlf . No person being in holy orders, or a Minister of any reli- Persons dit- i'lous denomination, nor any Member of the Executive Coun- 'J""'''^*''* " .]l, nor any Judge, or Sheriff or Clerk of any Court of Justice **'""'""• except Clerks of Commissioners' Courts for the trial of small Jauses any one of whom may, with his own consent, be ppointed Secretary- Treasurer,) nor any Officer of Her Majesty's Army or Navy on full pay, sLu be elected or ippoinled as a Municipal Councillor, nor appointed to any rfhce under any Municipal Council, and no person receiving my pecuniary allowance from the Municipality for his services tor any person having directly or indirectly, by himself or his .artner, any contract or any share or interest In any contract vith or on behalf of the Municipality, shall be quaHfied to be lected or appointed or to act as, a Councillor of such Local Municipality : Provided always, firstly, that no person shalfbe p • l.squahfied from acting as Municipal Councillor, by reason of C^X-t;;;' ns being a proprietor or sharehnldpr in cn„ ;„. J„.^*_ j ^ ^^ h-w'^'fu!.''" ^any which shal or may have any contract or agreement whh ^'°"""'- any Local Councilas aforesaid; An'd provided alw^ayrseclTly' p,,,^,, . * that 18 Cap. 100. Municipal and Road Act L. a 18 yicr. a'^cotacf^ l^«L*\^«r''* " '°",!'^''" i" ^^^« «e«tion ^hall not extend to any Snder uus ^^«!' '«^^, ""^ purchase of any lands, tenements or heredita- section. ments, or to any contract for such lease, sale or purchase, or for nnW Knf T^'""' *^ ^°y agreement for the loan of money only, but any Municipal Councillor having any mterest in anV such matter, as i.i this second proviso mentioned, shall not vote fh?3"'f "k^k^^J^- M"°^iP«l Council, or of any Committee thereof, of which he is such Councillor as aforesaid, upon anv Xresaid"'^'"^ "^°" ^^^ ™^"^'' ^"^ ^"'^"''^ ^'^ '^ ^° iiiterested as Persons ex- . 2. No Member of the Provincial Legislature, no person hold- *eX'Xtr^^"^ "^^^* appointment under the^ Imperial or^ Provincial by their own"^ Govemrnent, or under either House of the Legislature, no Prac consent. tising Physiciaii, burgeon or Apothecary, no School Master ac- tually engaged m teaching, no Branch Pilot, no Miller, being the only one employed m a mill, no person over sixty years of age, shall be bound to accept the office of Municipal Coun- cillor or any office under any Municipal Council ; and every person being at the time of the commencement of this Act or m having been within the two years next preceding, a Member I of a Municipal Council, or an Officer under any such Council ^ and any person who shall have paid a penalty for refusal o^ ?ervW il^^''^P' ""^ ^^ such office, shall be exempt from serving m the same office during the two years next after such service or payment ; PvLlL?^ P""''" • ^^^^"a^ified, or exempt, and claiming hf tK ? ^'7?u'T/"§ ^' '"^^ Councillor be elected, it shall cnrlt^T^ °^ the Warden or Registrar, immediately on his be- coming aware of the fact, to notify the same, through the Pro- vincial Secretary, to the Governor, who shall appoint without delay another Councillor in the ste'ad of such person so dected. COUNTY COUNCILS. SPECIAL POWERS. • r^"^!?"' ^" ^)^ P'^'^u " ""^^^^r^ ^y ^^^ ^""^ ^f the Legislature of Canada passed m the twelfth year of Her Majesfy's Reign chaptered fiily-six, and intituled. An Act to authorize the forrnation of Jorat Stock Compani'es in Lower Ca^aSaM tt constrvctton of Macadamized Road^.and of Bridges a J other works of like nature, in the Municipality and Municipal Councils there n mentioned, shall be transfeLd to and vesfed m the County Councils created by this Act. Appointment in place of Councillor elected and diR(]ualiiied or claiming exemption. County CouH' cils to have certain pow- ers under 12 V. c. 66. XIX Every County Council shall also have power and They may make By- nnihr.rMJ'ir^li,^\r — ^"V -^""".^" »"»» aiso nave povvcr and laws concern- authority to make, and from time to time amend or repeal a 1856. Munidpal and Road Act L. C. Cap. 100. 19 Legislature of esly's Reign, luthorize the nada, for the re* and other i Municipal o and vested power and or repeal, a urposes, that 1. For appointing the place at which all Sessions of the Place of sit- County Council after the first Session shall be held ; and every ^"'e- place so appointed shall thereafter be the County Town Cchef lieu du comte) ; Provided always that if the first session of such Pioviso Council shall have been held at a place which at the time of [the passing of this Act, was the place of holding the meeting of if ,he fir^t uhe Municipal Counct4 of a. County or Division of a County vipeting"be hhe concurrence of two thirds of the members for the time being ^^''^ *** " '''^'^° of such Council, shall be necessary for the making of a By-law ^^Cmmdr"' ippointing any other places for holding the subsequent sessions now meets. 3f such Council ; 2. For the acquirement or construction and maintenance of a Consimction, Court House and Gaol, in such place as may be hereafter law- &c, of a Court fully appointed for that purpose, and for providing means in aid caJ'^ ^""^ of the acquirement, construction or maintenance of any such buildings ; 3. For the acquirement or construction and maintenance of Maintenance m Office for the Registration of Deeds, either apart from or "fanoificefor forming part of any Court House situate within the County, Kf^c? %nd for the construction and maintenance therein of a Fire- proof Vault for the preservation of such Deeds ; and for providing neans for the acquirement or construction and maintenance of huch Olfice, and also for the transcription of any Deeds which It may be deemed expedient to transfer and deposit in such ^fnce, for the convenience of the inhabitants of the County ; 4. For placing toll-bars, and for levying tolls on persons. Turnpikes. Inimals and vehicles passing over any roads or bridges within toe limits of the County ; Provided that it shall not be lawful ^''"i***'""- for any such By-law, to make the Tolls payable by any of the' "^"^'^ ^'^ ^^ ^habitants of any Local Municipality or of any part of a Local "^""^ °" ''"" lunicipalily, less than those payable by other persons for the ise of the road or bridge therein mentioned, or to give any jindue advantage to any such inhabitants with respect to such 5. For determining the periods of the year during which Fire in the ire may be applied to logs, bush and other wood for the pur- ^°°'''' ^°- Jose oj cleanng land within the limits of the County, and for BompcUing^ persons so applying fire to adopt such precautions fcs may be deemed requisite tojjrevent such fire from extend- ing to adjoining forests, crops and other property ; 6 For regulating the fees to be paid for the services rendercl Regulating .y the County Superintendent, or by the Secretarv-Treasurer lees !oc"5„ty Feitherin making Reports or Procis-Verbaux, or iA furnishing ^"''"•"'r- copies of documents at the request of any person or numbe? ta7v-Trca- of persons, whenever the County Council, or any local ^"^er. Councd within the County, deem it just that such fees should |not be made a charge upon any Municipality in the Cnnntv. IsTmces^ ^'''''^ ^^'^^ P'^'""'' ""' persons requiring" such «• 7. ;cre- I I' ' Biii'r' 20 Regulating fisheries. First Sessioi). Cap. 100. Municipal and Road Ad L. C. 18 Vict. 7. For regulating fisheries eawied on, either upon the sea- Cou^t^'^P^^^^y^^*^'* *^i^<^««^ ^«' o' passing ^through the SESSIONS OF COUNTY COUNCIL, ELECTION OR APPOINTMENT OF WARDEN, &c. okf^i'^K'^t®.?'*** ^u"^'^* ^^^^^^"^ «^ ®^*y County Council shall be held at the time and place to be fixed for tha Member o? lh« ?'^''T' ""^ '^^^^ ^^^^ "°*^^^ ^»^«^««f ^o each hpl^ .t ?h **^^^«"»«^*» and every subsequent session shall be held at the place appomted for that purpose by the Countv Council, as provided in the next preceding section : ^ Qnorum of 2. Five Members of the County Council in everv Conniv c^o«atycouu.eo^pi,i, ,^ ^^^^ ^^^^ MunictalLsTTnd tb^ members of such Council in ever^ County comprising any number of Local Municipalities less than seven, shall form a quorum; ' '"^^ *"^*" d- pres?de ftt first -^/, '^^ Registrar, or in his absence, such one of the Members Meeting. c uie Council present as shall be chosen for that purpose by a in^i^^l'' m'' k' '^ *^^ '''''^^ ^^ ^^"^"J^ di^i^ed, the senior in age of the Members present shall preside at the first general session; *"^i ^cucim 4. The Members of the County Council shall, dt the said hrst session, choose from amongst themselves some fit and proper person, to be the Warden of the County ; and if there il!f«'*"l?L™*'^'?^''*'*^'' ^^^ P^'«^ presiding at the said session, whether such person be a Member of thi Council or Ihtll ^' f 'u®**^^^^'^? ^^^ ^^*^^"S ^°t^ > and the Registrar shaU cease to have the right to preside, so soon as the vfarden so chosen shali have taken the oath of office ; 6. If no election of a Warden take place in the manner above prescribed, at the said first session of the Council, th^ the Governor, upon the fact being notified to him by the Re-istrar shall appoint without delay one of the Members 'of the Council to be Warden of the County ; „n?n P^ ^^^^^ so elected or appointed shall hold his office until the next general election of Councillors, and thereafter Zh ^ r ^^r^ '^?^f ^^ api^>inted in his stead ; unless such Warden, If elected by the County Council, be Removed before that time by a vote of two thirds of the Members of the Council, or unless such Warden, if appointed by the Governor tWl":i'''',^l'^™X^^y^he Governor. If the'^arden bLemoved by '^ two third vote of the County Council, the said Council shall appoint another at the same session, otherwise the Governor shall appomt one, on being notified of the fact by the Registrar or by the Secretaiy-Treasurer of the County Council. If the Warden be removed by the Governor nnotV.«, ct,„ii u IJointedby the Governor. """"' — ' '^""" "" *i'" APPOINTMENT Election of Warden. Warden to preside when chosen. Governor to appoint Waiden if none be elect- ed. Term of office of Warden ; Rfmoval of Warden by Council. 18 Vict. r upon the sea- ng through the APPOINTMENT ounty Council fixed for that thereof to each lession shall be by the County on : every County ies, and three )mpri8ing any n, shall form a 'f the Members t purpose by a iedy the senior le first general 1, dt the said some fit and ; and if there ng at the said the Council or the Registrar LSthe Warden manner above icil, then the the Registrar, inbers of the lold his office nd thereafter tead; unless be removed mbers of the he Governor, emoved by a 'ouncil shall he Governor ihe Registrar ncil, If the )INTMENT 1855. Municipal and Road Act L. C. Cap. 100. 21 APPOINTMENT OP COUNTY SUPERINTENDENT. XXI. In addition to the Officers which all Municipal Councils To be appoint- are required or authorized to appoint under this Act, overy ed by County County Council shall, at its first General Session after each ^<""^"=il- General Election of Councillor^, or at a Special Session, which shall be held within fifteen days from the first day of I such first General Session, appoint a Superintendent of Roads and Bridges for the County : 2. Every County Superintendent shall, while he holds office Must reside ia las such, reside within the County for which he is appointed tl^e County, land shall be disqualified to accept any other office under anv ^°^ '" 'loW [Municipal Council ; oK 3. Every County Superintendent may, tiriider a H^solution of May appoint the Council, appoint one or more Deputies, for the payment of ^^ep^ties. whose services, when appointed, provision shall be made by phe County Council. But the County Superintendent shall be Responsibi- 5 responsible for all the acts and omissions of every Deputy so '''y/'"^^ appointed; ^ . ^ ^ *«-t8- 4. Every appointment of a Deputy by the County Superin- Appointment pendent shall be made by a letter under his hand, addressed to of -Uefuty. the person so appointed. And the Superintendent shall, with- out delay, give special notice of every such appointment, not Duly to the person appointed but also to the Secretary-Trea- [F«™ G.] surer of the Council of the Municipality for which such De- Noticethereof. only has been appointed ; ^^^tm H.] 5. In the absence of the County Sttperhitenclent and of his secretanr )eputies, the Secretary-Treasurer of the County Council shall TreasurTrlt.^ Jo every thing which the County Superintendent ou^h* *'- ^ eisivSm cases, jinder the provisions of thio a-.* - . 1 he County Superintendent shall keep a ttepertory in to keep a hich he shall refer in a summary mannerr, and as near as may Repertory. 5 in the order of their dates, to all Registers* Reports, Prods- tVerbaux^ Valuation Rolls, Collection Rolls. Judgments, Reso- llutions. Maps, Plans, Returns, Notices, Letters and Papers [whatsoever which may comeiiltd hispdssessioii hi the exercise |of his functions ; 7. He shall deliver to atiy perSdii wlioi shall apply for the jsame, a copy of any document which shall be in Ms possession ^optf nf'ddL 'or custody, or of record in his dffice as such County Superin- cuments. tendent, upon payment of sttcb fees as shafi be fixed by the County Council; and eveiy such cony ctertificd by him as Copies to b« correct shall be pTirtid facic evidence of the contents thereof ; evidwice, Ac. and he shall allow all such documents to be inspected at reasonable hours by all persons interested therein ; 8. And the County Superrntenderrt shall "etform all ^eth. Sc-cial duties other duties as are specially imposed upon hinoTby this Act. "^^v \^ *V. COUNTY "*''*^-^^"* 22 Cap. 100. Municipal and Road Act L. C. COUNTY DELEGATES. 18 Vict, pntea County. Wardpn to be one — other two how ap- pointed. for ..eh P^f^"' 7? 'n erests of the County at every Meeting nf nJ. ,y. gates held under the provisions of this Ael^a^.d to exereise aid .h:^\nrd;,feX:Lf4;s:eS„Si^f '''''''"•'— ^^ the^f»eI:x^^a.n1^°l1^^ County Couno 1 as shall be appointed for thaTpnrDose at h^ first session held after the GeneJS Election of HTuncfl or, LOCAL COUNCILS. POWERS COMMON TO ALL LOCAL COUNCILS. Local Coun- cils may make By-laws con- Opening, rcaking and repairing roads, bridgea. &c. Proviso : rate not to be levied /or cer- tain purposes or on certain persons. adS to ?h 7 n^ """? ^""^^'P °^ "^^h Local Council (in cin«I rln -IN rT'^ hereinbefore conferred upon all Muni- cipal Councils) shall extend to the following objects • }. To the UPCU...6, -" „ InrL%'o^e";^i:i;.,'r^^^^^^^^^^^ "^"^'"^^ a^nFlfe^Pitc'"'"^^ alliy, lane, br dge^forf ^ oth'.r ' '''"'''' ^ide-walk, crossfng Muncipality.thfstODLJn. u''"'"^""'^^^^^^ ^i'hin the ing, changin^g diverS or^Z^^^^ ^^'^'^ street, sidewalk, Sin/ ^Upv^ f ^"^u'^^^ highway, road, public comnmnication wi"hin s ^^'m "'' .^",^«^' ^^^^ «^' "^he; with the provisionsTf T "^^r e^tTv^To alT' " T'"""^^^ the taking possession of anv l.,n.i i ^^^ ®"^^ matters ; any such purposes and tht mil • ^' ""^^^P^'operty required fo^ to be paid^toThe Owners of s^chTfT'^'^"^ ^^^ ^^'^ indemnity shall not be lawful for anv^^^^^^ but k • assessments from perso"J lot re'LTni^'?? f 7^ '^ ^° '''^ ^"^ property within the^^limits ol s. ch S orV it '"^ ?''''"^^^ from any such persons the performan^ of nni f k ' '"^ '^'^'''? tne construction or maintenLce TpubLip R^ iabor, towards limits of such Town or VilWpnnl ^?^'^* beyond the laws to the contrary Ziv^Sr^^.^r ' ^''' '' ^'' 1855. Municipal and Road Act L. C. Cap. 100. 23 pub- sc^uares, 2. To the opening, enclosing and maintaining, at the expense Opening and lof the Municipality, such squares, parks or public places, as *.°orn'"a nub [may be conducive to the health or convenience ofthe inha- &c Ibitants ; to ornamenting the same by planting trees therein or jthervvise, and causing trees to be planted along any sidewalk 3r foothpath, at the expense of the Municipality ; 3. To the prevention or removal of abuses prejudicial to agri- culture and not specially provided for by law ; the establishment bf Public Pounds for the safe keeping of animals and poul- hry, found astray or doing damage on the public roads or bridges, br on the lands of others than the owners of such animals or boultry ; the determination of the periods of the year when such knimals and poultry either may be allowed to run or should be prevented Irom running at large ; the fees to be taken by Ihe Keepers of such Pounds ; the damages payable by the T>wners of such impounded animals or poultry, the manner in ivhich such animals or poultry shall be sold, in the event of their lot being claimed within a reasonable time, or in case the lamages, penalties and expenses shall not have been paid Iccording to law, or to any By-laws made for the said purpose ; Prevention of abuse preju- dicial to agri- culture ; Pounds, &c. Animals run- ning at laige. Pees to pound keepers. Dama gee by animals. 4. To the making of Regulations as to pits, precipices and ^^^f """^ P"- Sep waters, or other places dangerous to travellers; cipices. 6. To the imposition of a tax on the owners or harbourers of Dogs, and tax (ogs ; the making of regulations, whenever the public peace °" "°fi'* pd safety may require it, to keep dogs tied up and to prohibit Qera being at large, and for killing all dogs found at large con- 4ry to such regulations ; |6. To the regulating and governing of all Shopkeepers and lorekeepers and others selling wine, brandy or other spirituous Jjuors, ale or beer, by retail, in places other than houses of lublic entertainment, and the determining under what lestric- lons and in what manner any such person shall take out a icense from the Revenue Inspector of the District within which le resides, before it shall be lawful for him to sell any wine, Irandy or other spirituous liquors, ale or beer, as aforesaid, nthin such Municipality, and for fixing the sum which shall e payable for each such license, and the time during which it ball be in force, or for limiting the number of persons to whom Ind the houses or places for which such licenses shall be granted Irithin the Municipality, or the preventing absolutely of the sale If wine or brandy, or other spirituous liquors, ale or beer, or ^^^y ^l ^hem» b> retail, within the Municipality, and the mak- ing of such further enactments as may be deemed necessary for giving full effect to any such By-law, and for imposing penal- 1163 for the contravention thereof: Provided always, that the j- o J ••* 7 •-..•ntvtjr vri vrinci 3J/HIIUUUCS liqUUrS, UXG Ot jbeer, m the original packa^s in which the same were received Regulating persons retail- iijg liquors, or keeping; places of public en- tertainmcnt ; or prohibiting sale of liquors. Proviio. 24 Cap. 100. Municipal and Road Act L. C, 18 Vict, irom the importer or manufacturer, and not containing resnec bJ^^Jr '^^"..-^^^ u^^"°"^ °^ "»^ ^«^^° bottles, shafl no? be Prov.o„sto P:^viS^.S^row1t^hL^''^^^ meaning of this l?: price 01 li. ,J^d' "oweyer, that no Municipal Counc shall have nower cen«e, &c. to fix any sum below that now payable for any such lie en Je so"n to"l nT "''.^'r'^>>^ ""y a/venue Inspector to any per: son to sell by retail spirituous liquors, ale or beer in anv oApp Within any Local Municipality\fter\he Corpoi'aUorof ^^^^^^^^^ Mumc.pal.ty shal have enacted a By-law either re^Ling"he mode of the granting of such license or absolutely prohiK- such icense otherwise than in conformity with tlfe By-law o'f such Local Council, shall be null and void in law • ^ Carters. 1. Tq i^ensing of carters and common carriers ; Public exhibi' tions. 8. To the regulation of the manner in which any theatrical performance or other public exhibition shall be heU andThe imposition of a tax or duty not exceeding five pounds currency Levyingiiaes. ffTt^ ^"^'l P^^^^^^ance or exhibition, wh^ch tax or duty^ iL^?if ^f ° n ^^"^a^^' "^ay be levied out of the goods and t^^tbf ^".°K-^?^ °^ '^! P"^^°°« connected with such per- rr. w , ^Tm ""' T t'^i^:°°' ""^^' ^ "^^rxe^t of distress signed by [Form W.] ^e M^jor of the Municipality ; and to the prohibition" of any ai?surt;s'of ^,f: JL^v! ™^^i°^ ""' Procuring of maps, plans or surveys of the the MunicV "^^i^Vality, whenever the Council may deem it expedient o Zcu'r^dTth" ''' ^^"V .'"^ "« ^"^'^ -^P or plaTshall be by a Prnvin. ^ 1''^''"'^ °^ '^^ municipality, unless it be drawn the mUe ''^^''' "P°" ^ '"^^" °*'^' ^^^«* ^«'^r i"^bes to l)ividirig the Miinici| ■ ■ for road poses. 'iViily . >0- To the dividing of tlie Municipality into Inspectors' divi- "" sSns? ^"'^'"'«°8 ^y »u<=h division inif OverseeS- SPECIAL POWERS OP TOWN AND VILLAGE COUNCILS. Src'S- ^^^^ I" addition to the powers and authority hereinbefore " ;»";^s^, tL";:t s^r^' '- ^' « -^ -^ ^'^^^^ Markets. any marke or i!^!'^''' ""'^ '^■^'^^' P^^^^« ' ^^' abolishing SS^n 'of tr/l tP^'^'V^^^^^^^^ '^^ date of the com? X SM.^ich^«mv ' V^'"^ '^^^.^ ^^"^"^^*«' ^'^'^^ within ^J sucn Municipality, or for appropriating the whole or any part 1855. Municipal and Road Act L. C. Cap. 100. 25 part of the site of any market or market place for any other public use whatsoever ; reserving nevertheless to any person ProTiao. aggrieved by any act of the said Council respecting any such market or market place, any recourse which any such person may lawfully have against any such Municipality for any damage sufl'ered by any such person by reason of such act : Appeinttneut, &c., ofClerks of markets and other market Officert; stalls, duties, sale of certain ar> ticies, &c. 2. For regulating and defining the duties and powers oi the Clerks of the markets within the Municipality, and of all ' other Officers employed on the said markets ; and for leasing stalls and stands for the sale, and offering for sale, of every [description of articles or goods whatsoever upon the said markets; and for imposing duties or taxes on all persons vending upon such markets any provisions, vegetables, but- I Cher's meat, grain, fowls, hay, straw, coal, salt, cord-wood, shingles, or any thing else whatsoever ; for prohibiting the sale, or exposure for sale, by any person not resident within the municipality, of any such provision or other things elsewhere Ithan upon such markets and in such other places as may be appointed for that purpose by any such By-law ; and for regu- llating the conduct of all persons vending or purchasing upon, |the said markets ; 3. For imposing duties upon waggons, carts, sleighs, boats, ^"*Je» <"» [canoes and vehicles of all descriptions, in which articles shall wWrKrt?cIe Ibe exposed for sale upon any such market, or in any street, or are brought to lupon any beach, within the Municipality, and for regulating the ""'krt. planner in which such vehicles shall be placed when used for ny such purposes i Iv ^^''^ Jpg",^^ti»g the weighing or measuring of cord-wood, mSw?**""^ cep- imber, shingles, coal, salt, hay, straw and grain, brought within tain a«i!f^ Ihe Municipality for sale ; fot regulating and determining I whether any other articles purchased or sold within the Muni- « icipality shall be weighed or measured, or both ; and for appoint- *** ing persons to weigh and measure any or all such things, and for fixing and determining the remuneration to be paid to such Officers and the duties to be perfornfcd by them ; 6. For regulating, fixing and determining the weight of '^«'?'»t o/ Ibread sold or offered for sale within the Municipality and ^ jfor compelling bakers to mark with the initial of ' their Marking pespective names the bread made by them, and for confisca- ^[''^•'•'"•nM^ ping Bread of insufficient weight or unwholesome quality j ^' 6. For increasing the personal commutation to be paid in Commutation each year by each person subject to perform statute labour bL«*^"** '" on the roads and streets within the Municipality, to an amount not eXCeedinxr fiVft ahillinarQ r^m-ra-nn-.r f^-» »»^U .^..— .... . _.. J /• o ~..^,,f^^^ v«i»-vxxvj XV* cdVJTl |iC4PUIii UliU iOr obliging 26 Cap. 100- Municipal and Road Act L. C. 18 Vict. obliging every such person to pay the amount nf «nnk sonal commutation so (leterminer^on whhnm°ii -^ ^'' such person to ofler his personal TaZ'.rZT: TZ7 1^ mutation, and for exempting from the payment of such com mn tat,on persons or any cfass of persons whom the Councns^an deem it expedient to exempt bj reason of their wan'of mefns ! Assessing for '^' For assessing the proprietors of real propertv for snot, Q«,r,« making or repairing any common sewer under any pubHc street or road within the Municipality, and immedktelv in font of such property, and for reflating the mZer in which such assessments shall be collected and paid • Fencing real property. I * > inunicipality, by and at the expense of the proprietors of the SruSrsUb^SdT' ^''-'''' ^^^^^^^^ o'^fX'aiLr sidl^Ilkslf «n'^"'".^ ^f ^^''''^^ '^' ^^-^^ «f »h« foot-paths or ^- J^:X ^^l ^^'^'^^ °' ^oa^ ^vithin the Municioalitv in such manner as the Council shall deem conducivrto^heLn vemence safety and interest of the inhaSs ProviTi" Pr6viso< Compensation in certain cases. Pulling down 11- For pulling down and removiiiff so oftPn «« ..1,0 n u |^cay,db„i,d. deemed »eeea,ary, all old walls, eW^^lieror buiWi»t in"^ TlhL '•''^P"'^"" »' d«ay ; and for fixing at whaT time fi^«. naces or ovens, or the mode of keeping ashes for obHp?n^' IT , — v^^.„.„ auvu roois 10 me tops of the prevenungany person from entering anv ^f^hl" v-' — y J SuBii Of out-houEte 18 Vict. It of such per- il allow infi' any I oi such om- f such comrau- ! Council shall vant of means ; ' for such sums e expenses of 5r any public imediately in nner in which situate within enclose such he removal of ojectionsinto, I within the )rietors of the projection or foot-paths or nicipality in B to the con- s; Provided ti, out of the >roperty shall f the level of I as shall be lildings in a what time, shall be so regulating the Munici- •urpose) for s, flues, fur- bliging pro- with proper the roofs of imnies ; for •*rft mUa^I lu, olicCx U[ 1855. Municipal and Road Act L. C. Cap. 100. 27 out-house with a light not enclosed in a lantern, or from entering any such building with a lighted cigar or pipe, orirom carrying into the same any fire not properly secured ; for preventing any person from lighting or having any fire in any wooden shed or out-house or other wooden building, unless such fire be placed I in a chimney or in a stove of iron or metal, or from carrying fire [in or through any street or public pluce, garden or yard, unless iBuch fire be confined in some metal vessel ; and for compelling [the proprietors or occupants of barns, lofts or other buildings jcontaining combustible or inflammable materials to keep the [doors thereof closed when not necessarily required to be [open ; 1 3. For preventing any baker, potter, blacksmith, brewer, ma- Obligina; cer- Inufacturer of pot ashes or pearl ashes, or other manufacturer or **'" *""«■ ^o [person, from building, making or having any oven or furnace, ISs ilf a S- [unless such oven or furnace communicate with, and open into, tain manner. |a chimney of stone or brick, which shall rise at least three feet [higher than the top of the house or building in or in connexion [with which such oven or furnace shall be placed ; 14. For providing that gunpow-der be safely kept in boxes of Keeping and popper, tin or lead ; for regulating the quantity which may be "^«^^^ »""• -kept in each house or building not being a powder magazine, i'"^""' land for prohibiting the sale thereof after sun-set ; 15. For preventing the erection of furnaces for making ^ charcoal, and for regulating the manner in which quick lime limTSSdchar. lay be kept or deposited ; real. 16. For preventing persons from throwing up Fire Works I>»«charaing Jring ofl" Crackers (petards), discharging Fire Arms, or light- *''"'^'"'*'«- ing Fire in the open air, in any of the streets, or roads, or in &thw,^^^'^°^^°**** "^ ^^y buildings, groves, hedges or fences I \vzinin iiic Municipality • 17. For defraying, out of the funds of the Municipality all ^urchasine such expenses as the Council ma^ dee„, it j„st to iniSr, }«; the «"-S. purchase of engmes, or any other kind of apparatus or an v *"' article whatsoever that may be necessary for the prevention of l^o^et ofl^^^^^ '"' '" '^^'^'^^^^"^ '""^ «^«-« of Lcstinrthe 18. For preventing thefts and depredations at fires and for Preventing punishing any person who shall resist, oppose or fll-treat any S'*""^"' Member or Officer of the Council while' in the execu iofof ^he *^ ^«- duty assigned to him, or in the exercise of ^ny nower or authority with which he may be invested in vfrtue of any By-law made under the authority of this section ; ^ 19. 28 Compemating persons wounded or performing services at fires, or thn iarnilies of persons killed Authorizing the destruc- tion of bonsM to stop iires, Compensa- tion. Cap. 100. Municipal and Road Act L. C. 18 Vict. other ,eiZ .o^ldem" j^^ '""°"' ^""^ <'"'^°»« <" ^""^ .0 cause to be bW„ uTnled d„w^ ^ T'' ';"'" J""* P°*" My building or Se wC 0^7™ °h M ''T''* ^''''''yd. hrdTr7.:te'5si[it"Er'^^^^^^^^^ h^L^r.rMalTpaS;^!''"^ "■"■ "•« "-Pi-g of gambling or BoarS, a^'d far ^"^^ZCi^^^^^^^^lT''^ B"?"' from contagious and De»ti!™t,»I^i. , Municipality .he dangerLuUi„te^"exte'r„7rh ttl"'"""« y»ra,, 4c.- ^?f ° *" s.aWes. outliouses, pn.ies and yaids connected there- .tSfpILT./ „a^ of^nvT^'^f '«1.>.*?'''"8'u"""' any public ,t««t or 6ithi„.teet,, '°7'?fanys'»'eepings filth, dirt, rubbish or drdrae, and for 4c. enforemg the removal thereof ; also for preventing rad r mo ' install encroachments and nuisances in^r up^;it;;;1„^ro; ,i.f*^^'"Tl?°"'^^°«' '""■» <^<=«" as shall be appointed bv the Council for that purpose, to visit and examine S^ suitable toes Md hours to be fixed in and by such By-Uws as well the mside as the outside of all houses, buildings IL real ora. pertyof anjr description in the Municipality,''f'r the purp'S of »«ertammg whether the By-laws, to te made as afoSd' PreTPiiting gtunbling. AuthorietBg Officers to inspect pro- perty, to see tliat By-laws are complied with. m navti 18 Vict. unicipality any oil for assisting 11 have received f while attend- br the wants of t any fire while ley, medals or my meritorious (vningor from moil and such «vith the power ^ise destroyed, 5r, or any such mlled down or 8S of any fire, en justly due, wn up, pulled ny damage or , servants, la- f masters and t, labourers or : of gambling health in the f such Board Municipality diminishing leases : of houses to lected there- !]!ouncil may 5lic street or are, and for and Tcmo\'' my street or ppointed by ! at suitable ivs, as well id real pro- the purpose s aforesaid, navti 1855. Munidpal and Road Act L. C, Cap. 100. 29 -»j|v have been duly observed, and for obliging all proprietors, pos- sessors or occupants of such houses, buildings or real property, to admit such officers and persons into and upon the same at the times and hours, and for the purposes aforesaid ; 27. For preventing persons from passing along the public ^'eventing ; streets or roads in any vehicle or on horseback at any faster or°r!diif'"'"' [pace than an ordinary trot ; ' '"*' , 28. For providing within the Municipality if there be no Prnvidina [District Gaol therein, a lock-up-house or other place for the safe lockup house I keeping of persons sentenced to any term of imprisonment not |V '^j'''"'* °^ ^exceeding thirty days under any of the provisions of this Act, or of the ordinance mentioned in the next following paragraph. i CLAUSES OF aUEBEC AND MONTREAL POLICE ORDINANCE, RELATING TO DISORDERLY PERSONS EXTENDED TO TOWN AND VILLAGE MUNICIPALITIES. of Certain aec tion of Ord. L. C. 2 V. c. 2, as Amended by7 V. c. 21, and 9 V. c. 23. extended lo towns and Tillages. ^ XXV. And be it enacted, That the eighth, ninth, tenth and eleventh clauses of the Ordinance of the Legislature of Lower Canada, passed in the second year of the Reign of Her Majesty, intituled, An Ordinance for establishing an efficient system of Police in the Cities of Quebec and Montreal^ as amended by an Act passed in the sbventh year of Her Majesty^s Reign, inti- tuled. An Act lo alter and amend certain provisions of the Ordi- nance of the Governor and Council of Lower Canada of the isecond year of Her Majestifs Reign^ intituled. An Ordinance far ^s>tablishing an efficient system of Police in the Cities of Quebec pnd Montreal, and by au Act passed in the ninth year of Her Majesty's Reign, intituled. An Act to amend the Act amending certain provisions of the Ordinance for establi'^hing an efficient system of Police in the Cities of Quebec and MontreaL shall extend to and have force of law in every Town and Village Municipality hereafter erected or existing under the provisions of this Act j and that in every case where under any of the provisions con- tained in the said clauses of the said Ordinance so as afore- said amended a Justice of the Peace may commit any person brought before him, in either of the cities mentioned in the said Ordmance, to the Common Gaol or House of Correction^ it shall be lawful for any Justice of the Peace to commit any person brought before him in any such Municipality to imprisonment for any term not exceeding thirty days, either in the Common ' Gaol of the District, or in any lock-up-house or other place pro- vided by the Municipal Council for that purpose. PERSONS QUALIFIED TO VOTE FOR MEMBERS OF LOCAL COUNCILS. M^ilY'* ?° P^'^?"' ^^^U ^^ ^"^^^^^"^ ^"^ ^°*^ a* »"y election of Qualification Members m srnv l.nnai r^/M-i«riii —■ ..,i_ — i.-» l- p '* i .f..-,-„.» __ — ^ _^^„, -^wtiivix, uiiicss iic i;u ui sne male sex '■«i»i3 8i To what place offenders may be committed. 30 Municipal Eiectiui.s : to projierty. Aetidencfl. Not being in arrear for taxes. Cap. 100. Municipal and Hoad Act L. C. 18 Vict. vot« at such election, he be pc.sse^.sed as proprietor ehher in « yearly value of at least forty shillings enrrencv orTh il hoM TheirrlTlale^ratTe't^^^^^ ethics itie tiis^- = ti -ri^^' z^':^^: in either case, he shall have resided in sach Local' Cnic pal tl' during at least the year next preceding the day of Vhe onen n^ of such election ; nor at any election after th^e fir t unfe's he shall have paid all rates or local taxes due by him a anv tim! before the election, whether the same Avere iinpred for Vri^ cipal or Educational purposes. ""posea lor Mujii- ELECTION OF COUNCILLORS. Meeting of qualified elec to» every se- cond year. Notice of Meeting, and by whom f iven in first instance ; iForm A.] And after- wards. Who nnay be elected. Proviso: Qualification of Councillor. eight hundred and fifty-five, ehSrbe gten V'e ReXS lS„'^"n"''^-^°""'^V "'''' P"' "f'e Count/be in on^'e Re for the Registration Division in which the srrealer „,« „r ,^. fet:ie.ro;yS;trn\?Te\S^^ ^vthr W ''r °^r^^y «"«h subsequent meeting'^shLl bf g ven th^Rp Jf ° '''l^^^ ^°""^>^' ^^ ^" his absence or defauft bv the Registrar ; and the said Councillors shall he Phll« f ^ tZeV""' i-^-bitantsof the Loca/Xn pal h^'Tif'X a real estate held m Jief m cemive mfranc-aleu or in free nnri Vi la «. 1855. Municipal mid Road Act L. C. Cap. 100. <31 Appointment •if a person to \tm'u\n at such •Vfeetingi. [Form C] Who shall preside in d«> fault ol the person bo ap- pointed. Person pre- siding not dis« qualified. Powers of per- son presiding for preserving the peace. 2. The Registrar or tlie Warden, as tlie case may he, shall appoint a fit and proper person to preside at each of such meetings, and .shall give to such person special notice of his appointment, and of the time and place at which the first session of the Councillors, elected at the meeting to be presided over by him, shall be held ; 3. If on the day appointed for the general election of Local j Councillors, the person named by the Registrar or Warden to J reside at the meeting, be absent therefrom, then the senior uslice of the Peace there present, or in the absence of a Justice jof the Peace, any person chosen from amongst themselves by fa majority of the persons constituting such meeting, shall pre- [side thereat, and perform, in so far as regards the said election 'and the proceedings consequent thereupon, the same duties as are required to be performed by the person appointed by the ' Registrar or Warden as aforesaid ; 4. No person shall be disqualified for election as a Coun- cillor because he presides at the Election ; 6. The person presiding shall, during the election, be a con- jservator ot the peace, and shall be invested with the same Ipowers for the preservation of the peace and the apprehension imprisonment, holding to bail, trying or convicting violators of Ithe law, as are vested in the Justices of the Peace, whether he Ido or do not possess the legal property qualification of a Justice [of the Peace ; , 6. In order to maintain the peace and preserve order at Such person gyery .uch election, the person presiding thereat may command may c— nd |he assistance of all Justices of the Peace, Constables and ""'•"""«' ^js many Special Constables as he shall deem necessary • he &c. may also commit to the charge and custody of any Constable rFonnU] or other person, on view, for any period not exceeding fortv- eight hours, any person whom he shall find breaking the oeace or disturbing public order at any such election, or he may by a Warrant under his hand, commit the offender to the confion ry v , gaol of the district in which the Municipality is situate oT to ^""^'^ any Lock-up-House or other place established for the safe ikeeping of prisoners in any Municipality within the County for any period not exceedmg ten days ; '^"umy, 7. If there be more than seven Candidates at any election t Hp p ,i n v . jerson presiding shall take down, or cause to be Uen down "e^'lfpTV" [the votes of he electors present, in a Poll Book kept for th«t '""'•« '^'>" purpose, and shall declare such seven Candidates as hav^ thi ?r'" '''"'^'" largest n, mb .r of votes in their favor, to be duly elect^^^^^^ " tZirJ^ 1 1: C3'l"r'?; °' ^^^^^ ^^ Polid for anyTwo Ca.tin,,ote. tWlJJ/ / the Candidates, the person presiding shall be en- titled to vote but m such case only ; and he shalllive his r«.t ing vote m favor of such Candidate or Candidaie?rs he sh« i thmk fit : and he shall h^ entitled *- «;- ? ^^. ®"^^* a.i.iea i„ jjivt,- sucii cujsling vote, whether To be closed if no »(»te be offered for au hour; Cap. 100. Municipal and Road Act L. C. is Vict. Poll may be 8. If the votes of all the eleptni-Q r»roao»,* u continued to bv the hnnr «f fi„« ■ *v. ^l^^'^^^s present have not been Dolled second day if rJl^" u * °^^ ^" ^^^ afternoon of the first dav nf h? •? all vote, not meeting, the person presidinir shall adimirn til^ the said polled on first thereof to the hour of ten inThof adjourn the proceedings When he shall rntfnueto^it 'Xr^hfvo^' '°"°Tk"^ 1^^' close the election at the hour of fiuf^ i P^^^ ' ''"^ ^® shall second da, (whetht'a^y mor:^' ^"1^^^^^^^^^ °^?,^-^<^ not and shall then declare duWelllZTr -u P""^"* "'^ ^ the Candidates as shall be el^^lTi^iZ:^^^^^^^ poltcff eia^te filr t tr?ec^o^LanfT-^^ '^ hour, to close the sSd de^ln/' ^^^^^^ j^^^^Pi^ation of the said Cou^lcillors s^h Cand da^^^^^^ .^"^^ -J-^'t^d as Glared elected : ProvtShlt nnl t. ^n ^^^^^'^ *° *^^ «« ^^^ such Candidate, orCanyintawr=„'r'''''",fi''Pr'™"''S any " not already vcedtli: ISS. T^fp^r^ *^J ' "- VV'ard'en, and at which ZhcLlT \?'f ^"S'""^' "' attend, for the holdin^„f th„ c ? ' " ^'" '"' squired to such e'lecion! Tte |„1„'oUlo« .HH "I •^,P<"'"<'" after thedutiesof their office as" uoW^lrf' ^''"." ""'" "P™ election, and remainTn'oflice umlKT'^ri*"" ''">' »''"'»" election and thereafter ,,mfi ^h • ''"^ "'^ ""' ""' g^'oral appointed : '"""'^"" ™"' "»'"• successors are elected or Provided per- sons have not been prevent- ed from vot- ing, by viol- ence. Voter may be required to uJie an oath. Notice to be Entry ijito office. [Form E.] Notice to Warden or Kegiitrar. eiJitlayVarr'thTdly "aL^m^yfr' T''"^- ^'"'"' -'""» u«d.rhii;,«.„d,inforAeXr,?,:°:i?;2tr's/h^oi^:^: the 18 Vict. ; and whenever ersons qualified lare the Candi- not been polled iay of the said le proceedings following day, ; and he shall oon of the said be polled or icillors such of ared elected ; nenced to be the said elec- [ed, it shall be ion of the said Jy elected as d to be so de- e been within I by violence, on presiding ; fore voting, if 'f the Candi- Jsenting any to vote at the e person pre- part in the one years of ction, that I i that I have 1855. Municipal and Road Act L. C. Cap. 100. 33 lod." shall,within ial notice of , and of the Stegistrar or required to 'ouncil after enter upon day of their lext general elected or mil, within by a letter «ch olBcer, the the Registrar, of the result of such meeting, and (if an election I took place,) of the names, occupation and residence of each of t^orm F.] [the Councillors elected thereat ; and shall deliver up the Poll [Book kept at such election, and certified by him to the War- Iden or Registrar. And the Warden or Registrar, as the case Delivering of niay be, shall deliver to the Secretary -Treasurer of the County ''oil Books, . ;)ouncil, without delay, if there be any snch Officer, and, if not ^^' Immediately after his appointment, all such letters and Poll Books, together with a Certificate or Certificates of the public lotice of all such meetings held in the County havinw been iuly given. I XXIX. If any such meeting do not take place at the time Appointment appointed in the public notice, or if it take place and no elec- "^ Councillors lion of Councillors be made, or less than five Councillors be t'einor iflhev Elected thereat, the Registrar or Warden, so soon as the fact arenotelected. comes to his knovi^ledge, shall notify the same to the Provincial Secretary, for the information of the Governor, who, if no Mection has taken place at such meeting, shall select and '■^point seven Councillors duly qualified as aforesaid, and who any number less than five Councillors have been elected at luch meeting, shall appoint a sufficient number of Councillors o complete the required number; and the Councillor or Their powers, j-ouncillors so appointed, shall have the same powers, perform he same duties, and be subject to the same penalties as if they |iad been elected: b^'u'^'^^ ^^""^^^^"^^ ^° appointed shall enter upon the duties Entry into M their office as such, respectively, on the day on which '^'^'^e. fepcial notice of their appointment is given to them by the tegistrar or Warden, and remain in office until the day of the J'xt general elet-tion, and thereafter until their successors are Term of office. Wected or appoijited ; 3. The Registrar or War■" '■'"",'"° '" "'«'='^ '»' ""■ lemainder o ■ the ne 11 ?r shall be de- Township or )f the Parish or be) of » foresaid on the len the person mber of voles, lors who may (such number r of any other if any one or nd the others !ons so elected ^or; and if all the Governor, king their ap- ncil shall, im- of the Mayor, harden of the en at the time 1855. Municipal and Road Act L. C. Cap. 100. APPOINTMENT OF CERTAIN OFFICERS. 85 — ^""b nation of the nhabitants of of the Coun- n'ded always, ipacily lo act Jrs shall con- ni the same ercise or per- act of such been elected ' the Council 'onncil next ! Councillor, the stead of )f the period pointed, and XXXn. In addition to the O/Ticers which every Municioal c t v. Council is hereinbefore required to appoint, every LoLal o'h;:'," u! ," boiincil, at Its hrst (jcncral Session, or at a Special Session ''•'('"i'Jicd. lo be held within (iitecn days f;om the fa-st day of such General Session, shall also aj)j)oint : Three Valuators ; each of whom shall be possessed of a nrn- Vnhn.orc • perty qualification equal to that required of Municir)ai Council '''ei, ,i„;.iiVi. lors by this Act : The appoiniment of any person not so qualified '"''","",•"''' shall be null and void, »nd each Valuator shall i^S^W '' aller his appointment take an oath well and faithluilv lo iullil the duties of his olfice ; -^ And as many Inspectors and Overseers of roads and brid-e^^ Road Offi.e,, Inspectors of lences and ditches and Pound Keepers as ^TK•h P"-'- Vunv ' Council shall deem expedient. ' '^.'s u.hi ■ omul Ket'peis. [annexation of parts of parishes and town SHIPS AND of extra PAROCHIAL PLACES. [ceptions hereinafter mentioned, the followini^ tr>rritorial ar- ^'hi^*' I'l^^e.-. |ri.n.jemenis shall be made: Every extra-parochial place Ishall be annexed to one of the adjoinin- parishes in such county ; and such extra-parochial place slialHhencefoith lior all the purposes of this Act, form part of the said parish • *overy parish shall oi itself form a separate Municipalitv' l^an.hes iu Jiiless such parish be comprised and included in a tract of l-ind '"""»^''»s. Jrected into a township, in which case it shall not' of it'stdf ioim a separate Municipality, but shall forma part of the JXiunicipaliiy of such township : 2. Whenever a parish, or a township is situated narilv in n • , , bne County and partly in another, each %rt shJu tJ S^.!^ IZ^"^:^:;' no some ad,oining pansh or township in the County within ^^^'l^'^ ""^ ^vh.ehit lies unless there be, at least three hundred souls E/ "^ "'" herein in xyh.ch case the said pnrt of such parish or town^ .hill of ilsell form a Municipality, under di. name of "Tie Corporation ol the " North," -South," " East " or" West" )ari {as Ihccase maybe) of the Parish or fownship of »» lliere insert the name of the parish ur township) ; 3 Every territory erected into a township beyond the limit. Kvcry t.nvn- of lands comprised and included in fiefs alid sei^niorierand ^^^-p fot; f wholly situate in one and the same county, (udu-therC ""'""' "'"^• mvnsh.pbeorbeuMt wholly or in part erected into pi,^ Exception, shall except m the cases hereinafter provided for, form a Mun cipality under the name of the " Corporation of the own oi " (insert her. the name oj ih/io,cn,hip) ; "''''^' 1 36 Exception as to n township having leiss than 300 souls, which shall be annexed to an> other Muni- cipality. Gap. 100. Municipal and Road Act L. C. 18 Vict. 4. When the population of a township does not amount to three hundred souls, such township shall not of itself form a Municipality, but shall in such case be annexed to some adjoining parish or township in the same county, and thence- lorth it shall be and form part of the township, or parish to which it shall be thus annexed ; rrudin^tiwn V. \ ^^'f ^,a parish wholly situated in one and the same county village or ' ^J^'J include any town, village or township, no Councillors townships. shall be elected in that part which shall be beyond the limits of such town, village or township, but such part of such Parish shall be annexed to some adjoining Parish or Town- Exception if it ship, except when there is in such part a population of, aSSS. " at least, three hundred souls, in which case, the said part of the said pansh shall form by itself a Municipality, under the name of "The Corporation of the "North" "South," " East" or " West " " Part of the parish of » {here insert the name of the parish) ; 6. Every such annexation of an extra-parochial place, or of a &c. , how ef- fected. f Form K.] Annexation of extia-paro" . , - , . -^ i — j^.v^.^^-, v.» «* « chial places, parish or township, or part of a Parish or Township, to another Parish or Township, siiall be made by a resolution of the County Council ; and the Secretary-Treasurer of the Council shall, immediately after the passing of every such Resolution, give public notice of such annexation, not only by publishino- a copy of such Resolution in the manner provided by this Act, with respect to public notices generally, but also by causing the same to be inserted in the English and French languages in at least one newspaper published in the District or in an adjoining District, if there be no newspaper published in the District where such annexation has taken place ; Separation when such 7. But whenever it shall appear by a general census, or by place contains ^ ^P^^^al enumeration of the inhabitants, that the locality so more than 300 annexed contains a population exceeding three nundred souls oouhi. the County Council shall by another Resolution declare that the Resolution under which such locality was so annexed shall be revoked from the first day of January then next ; and from and after the day so appointed for the revocation of the former Resolution, the locality therein mentioned shall cease to be so annexed, and shall thenceforward form a separate Municipality ; ^ t^ZTal°?n ^' ^"^ the County Council may at any time, and shall, certain cies. whenever required by any two or more persons resident in any locality so annexed, cause a special enumeration of the inhabi- tants thereof to be made by the County Superintendent or bv some other Municipal Officer ; Costs of enu- meration, how 9. But if it appear from such enumeration that the locality so t3!!...iM a pujjLuatiuu oiiurce nunarea suuis. a nn evpri cioes not cont"in the 18 Vict. lOt amount to ' itself form a xed to somo , and thence- , or parish to ; same county J Councillors [ the limits of part of such sh or Town- Dpulation of, he said part pality, under nth," " East" lere insert the place, or of a ip, to another ution of the the Council Resolution, y publishing ded by this but also by and French the District er published place ; ensus, or by e locality so ndred souls, ion declare so annexed, next ; and jation of the shall cease a separate and shall, dent in any the inhabi- adent or by locality so died Sou is, the 1855. Munidpal'and Road Act L. C. Cap. 100. 87 Preceding paragraphs not to apply to first Election ; but each pa- rish or town- ship now electing Coim« cillors to be a iMunicipality until second Election. the persons requiring such enumeration shall reimburse to the Council the costs thereof, for the payment of which costs the County Council shall require security from such persons before causing the enumeration to be made ; 10. None of the provisions contained in the preceding paragraphs of this Section shall apply to the first General Election of Councillors ; but every parish, township, or part or parts of a parish or township, the inhabitants whereof are now entitled to elect two members of the County Council, shall, for the purposes of the said election, be considered as a Local Municipality, and shall elect seven Councillors, to compose the Local Council of such parish or township ; and notwithstanding any change which may be subsequently made in the limits of such parish or township, the Councillors so elected shall continue to act as such until the second general election of Councillors ; 11. And notwithstanding any of the foregoing provisions the Certain pa. following places, that is to say : the parishes of St. Anicet^ Ste. "*^^' ^"'^ i Julienne de Rawdon and St. Alphonse de Liguori, in the Jhijs V'Z^' District of Montreal, the parishes of St. Norbert d^Arthabaska rishes to bo and St. Christophe d* Arthabaska^ in the District of Three-Rivers, ¥"">^'pali- ' all that portion of the Township of Shipton, in the District of ^"' St. Francis, comprising the first eight ranges thereof, to be designated hereafter as the Township of Shipton, and all the remaining ranges of the same Township to be designated here- after as the Township of Cleveland, and the place known as \Mont Carmel, and forming part of the parish of La Riviire ^Ouelle^ in the District of Kamouraska, shall each form a separate municipality ; all that part of Uplon which comprises the eighth, ninth, tenth, eleventh, twelfth and thirteenth ranges of Upton shall, for the purposes of this Act, be annexed to and form part of the Parish of St. Hugues, and all the ranges of the said Township which now constitute the Parish of St. Ephr^m d 'Upton, shall form a separate Municipality. ERECTION OF TOWNS AND VILLAGES. XXXIV. The erection of any tract of land into a town or Erection of village Municipality, shall take place in the manner herein- »"wn and vU- after provided, that is to say : '^g^' ^ow ^ ' •' effected. 1. Whenever a Petition is presented to any County Council by petition by forty or more inhabitants qualified to vote at the election of forty electors. Local Councillors, praying for the erection into a Town or Vil- lage Municipality of any tract of land lying within the limits C^o"" ^-^ of the Local Municipality in which the petitioners reside, and clearly defined in such Petition, the County Council shall refer Reference to such Petition to the County Superintendent, with an order to County Su- visit the said tract of land and to report on the said Petition • P^"^'e«'^ent. 38 His report. [ForinS.] Cnp. 100. M. ncipal and Road Act L. C. 18 V.cx. 2. The Connty Superinlendent shall give public notice offho day and hour at which he shall v\,\itnch\l^t Tu^^^^ ^^ commence l.s examination thereof, and shall hear all ;arties1 '!' h;:i,s':.::Te" ^- ^^ '^orc be not at least sixty inhabited houses erected n^Jn .00 r.w. some purl of such tract, within a space not e 'ce^ t hi^tv siperncml arpents, the County Sup^M-intendentXl X tS- 4. But if the said number of inhabited houses be erected on such tract within the said space of thirty supc;fic1aT an^^^^^^^ the County Superinlendent 'shall defme in CXpcTand describe m a Plan accompanying the same, the 1 mi s w Lh^n his opinion, should be assigned to the snid ir.i^f^n 7 " ,^mSc.°'"'" « ^- ^^^"^^ '''•*^^".? "i«d^ and signed such Report the Count v • Superintendent shall deposit a copy thereof Cd o the nrin accompanying the same in the oi[L of the c'unty cliS • HoiDoloyniioi ■Miit'iium-n And if the imail)er be suilicieiit. I-:mits fo be LFoim T.] Mm„c,|,al,ty from which it is proposed t<, delnch 'u'", trtc c' SS'l!,; virc°c .''':'"". ."'f™''""-,''- '"^^■'■"l fo'- I'-e Govern,. „f ,hl, P,„. ■-y Mncc„,au vrder m Ootmeil, ,o approve „r reject "llie ;aid ■~ ■ ■ - Kcport, t 1855. Municipal and Road Act L. C, Cap. 100. 39 .Report, whether the same be amended or not by the said approve, reject Municipal Council, or to modify or amend the same in such °'" an'*'"''!. [manner as shall be deemed expedient ; 11. If, by the said Order in Council, the said Report be ^^°^'amation, ipproved, with or without amendments, then it shall be lawful '^."['t"^"^'''.' for the Governor to issue a Proclamation under his hand and mit amendl*** heal, declaring the name to be given and defining the limits ""«"'8. to be ascribed to such tract of land as a separate Municipality * 12. From and after the first day of the month ot January Effect ,f p -ext after the expiration of the two months immediately fol- ciamation.a'rS Jowing the date of the said Proclamation, every such tract of ^*^^" " *^^'' land the limits whereof shall have been so defined shall be **'"' ''^"'' considered as detached from the Local Municipality whereof it shall have theretofore formed part, and its inhabitants shall be corporation or body politic, to all Intents and purposes whatsoever, by the name of "The Corporation of the Town Y Village of {as the cane may be) » (here asert the name of the Ihwn or Village) ; « 13. The said Proclamation shall be published in the Canada Pnblicaiion of razette^ and at least two copies of such Proclamation duly cer- Proclamation, jfied by the Provincial Secretary, shall be by him sent to he County Superintendent, whose duly it shall be to give public jotice thereof; 14. The Municipal Conncil of any Parish or Township Conncil of he lunicipahty may hold their Sessions, in any Town or village pansh. «:<•.', rithiu the limits of such Parish or Township after the erection ^^^ ^^'" ^^ I such Town or Village into a separate Municipality, as well or viiia^r''" before ; * * 15. But the inhabitants of every Town, Borough or Village low erected into a separate Municipality shall, notwitfistand- hg the preceding provisions of this section, at the first general Hection of Councillors, elect seven Councillors to compose the Local Council of such Municipality, which shall continue to bcist as a separate Municipality within jts present limits until V same shall be changed under the foregoing provisions ; and tie Councillors so elected shall continue to act as such until be second general election, whether in the meantime the Imits of the Municipality be or be not changed : Provided al- •W'ays, that upon a Petition presented by at least two thirds of Ihe assessable inhabitants of any Town, Borough or Villaee oiow being or hereafter to be erected into a separate Munici' pahty, the Governor may issue a Proclamation uniting such Oown, Borough or Village to some adjoining Local Munici- ^ality il satisfied that such union will promote the interests of such iown, Borough or Village. Towns and villagps being now Munici. palitit's, to continue such, and elect Councillors. Proviso ; for union with another Muni- cipality if ne- cessaiy. CONTESTED 40 i i ' 1 It h i ■ '• m m Cap. 100. Municipal and Road Act L, C. CONTESTED ELECTIONS. IS Vict. Who may con- test. cillois o any Local Municipality be contested, such contesta- tion sha I be decided by the Circuit Court sitting in the Circuit within the limits of which the place of election is situate : 2 Every such election may be so contested by one or more ol the Candidates or at least ten of the inhabitants qualified to vote at such election ; So'l'cou"?'!. ^' Tlie said contestation shall be brought before the Court, byp:turr ^y a petition signed by the petitioner or petitioners, or by an Attorney duly authorized, setting forth in a clear manner the grounds ol such contestations ; 4. A true copy of the petition, with a notice stating the day on which the said petition will be presented to the Court, shall be first duly served upon the Councillor or Councillors whose election IS contested, at least eight days before the day on winch the said petitign shall be presented to the Court • and a return of the service shall be drawn up and signed in due form upon the original of the said petition by the person who shall have made such service ; but no such petition shall be Service of copy of peti- tion. Time within Adduction of evidence and hearing. which petuion :^ ~: " H : A r. r '"'r , ""'"° ^"^" petition shall be must be pre- received after the term next following the election thereby con- sented, tested, unless such election took place within the fifteen days next preceding the first day of such term, in which case any such petition may be presented on the first day of the second term, but not later; nor shall any such petition be received unless security for costs be given by the petitioners ; 5 If the Court be of opinion that the grounds set forth in the petition are sufhcient in law to void the election, it shall order proot to be adduced, and the parties interested to be heard on the nearest day which it shall deem expedient ; and shall pro- ceed ma summary manner to hear and try the said contesta- tion ; the evidence may be taken down in writing or given TWal may be ora% 1" whole or in part, as the Court shall order ; Snd if the vTSn.V.'i "?i?ffrV°"?f ^^"^ ^ir ^-«l»ded at the dose of the judgment ™ "[ the Court during which it began, the Judge shall con- given, tinue the same in vacation, and shall adjourn from day to day rnprit!'%'^h ^^''^ Pronounced his final judgment upon the nnd ill nrirr' ' r^^.^^'-y «"^h judgment so pronounced and all proceedings had in any such case in vacation shall Sad^in Term? "^""' " '^ ''' '^'"^ '"^ ''^"^ pronounced or What maj' be 6- The Court may on such contestation confirm the Election rSafefb^y ^'J^^^^]- ^ ^^^^ to be null and void, or to declare^nother' judgment. P^^son to have been duly elected, and may in either ca«•! * i i- •' tivprl ..r.A ' -o^'!.- t,,{5cr partj, vVuich costs shall be taxed and lecovercd m the same manner, and by the same H?eans, m: 1855. Municipal and Road Act L. C. Cap. 100. 41 ;ar manner the r ; and if ihe IS 30UC [means, as coets are taxed and recovered in actions of the first [class brought in such Circuit Court ; and the Court may order Service of ts judgment to be served upon the Warden, or if there be no .lV?^«'"ent on inch Officer upon the Registrar of the County, by such person "**"• it shall appoint for that purpose, at the expense of the party ulernned to payment of costs as aforesaid ; 7. If any defect or irregularity in the formalities prescribed Irregularitie* lor the Election be set forth in any such petition, as a ground {" ''^'«<=*'0"» bf contestation, the Court may admit or reject the objection, corsidLd! \ccording as such defect or irregularity may or may not have laterially affected the Election ; 8. If such Election be declared void, the Warden, or if there Proceedln t be no such Officer, the Registrar, as soon as he hath cognizance the" Efection ' Ihereof, shall call a meeting of the inhabitants of the Local be declared Municipality, and shall proceed to the Election of another Coun- ''°^^' billor or Councillors in the stead of the Councillor or Coun- feillors whose Election shall have been so declared null and New Election. bid, and the same formalities shall be observed at such Elec- lon as are required to be observed at every General Election VPorm A 2.] |f Councillors ; 9. The Election of the Mayor of any Local Municipality oi £iectio» of 1 the Warden of any County, may also be objected to and con- iviuyor or Bsted, and such contestation may be proceeded upon and de- ^^"^en ma-jr ided in the same manner, and by the same means, as the con- ^'' '=°'"^«^«"^- sstation of the Election of a Councillor or Councillors ; but « • lo such Election of a Mayor or Warden shall be so objected to °''"°* Tr contested by any other than a Member of the Council who Jail have elected him ; '?• 'f!..^^ )^^ judgment of the Court the Election of a Mayor if rip.Ho„ nf of a Warden be declared null and void, then it shall be the Mayor be de. luty of the Council to proceed to the Election of a person to <='*'^'* ^'"i^* %rve in his stead as such Mayor or Warden, within one month om the date of such judgment. APPOINTMENTS BY THE GOVERNOR. XXXVI. Whenever a calendar month has elapsed after the Ime when any Chief Officer of a Municipal Council, or any Municipal Councillor or Councillors should have been elected Ither by the inhabitants of a Municipality, or by a Municioal .ouncil, or xyhen any Officer should have been appointed by fcny Municipal Council, under any of the provisions of this Act ^hich precede this section, the Chief Officer of such Municipal' ICouncil, or m his absence, or upon his default, the Registrar 9f the County, shall, by letter under his hand, addressed to the rovincial Secretary, inform the Governor of tho fact and *»- Lioyernor shall thereupon appoint such Councillor or Officer" ana eve.T F^.ich appointment shall be made known by a letter under Governor to be inrormed by Chief Uffi. cers cr Regis- trar of failure to elect or appoint any Councillor or Officer, and to appoint to the vacant office. 42 Cap. 100. Municipal and Road Act L. C. 18 Vict. Appninimeiit, vindor the hand of the Provincial Secretary addressed lo such how made. (jhi^f Odicer or Registrar, who upon receipt thereof shall give special notice of such appointment to the person so appointed, and also to the Seereiury-Treasurer of the Council of the Municipality for which such person is appointed : [FoiinX.] How informa- tion may bo given it' Chief Omcer or Registiar fail to give it Appointment by Governor. 2. After the expiration af forty-five clear days from the time when such Election or appointment slioald have taken place under any of the provisions of this Act which precede this section, the Chief Otlicer of the Council (if there be any such Officer) and the Registrar shall be held to be in default of giving such information if neither of them has in the interval addressed and transmitted to the Provincial Secretary the letter required by the last paragraph ; And in such case the Gover- nor shall make such appointment upon being informed of the vacancy required to be failed up by any two persons qualified to vote in the Municipality. Moneys to be raid over to Secretary- Treasurer of new Couniy Council and Low applied. Recourse of any other County saved. MONEYS, DEBTS AND PROPERTY OF MUNICIPALITIES HEREBY ABOLISHED. XXXVII. All moneys which at the time this Act shall come into force, shall be or ought to be in the hands of the Secretary- Treasurer of any Municipality, and which shall belong to any such Municipality which will then cease to exist, shall be paid into the hands of the Secretary-Treasurer of the County in which the place where the sittings of the Council of such Municipality were held is situate, and shall be at the dis- posal of the Council of the said County, to be applied first to the discharge of the debts and expenses of the Municipalify so ceasing to exi.-st, and afterwards to the discharge of those which the said County Council may have itself contracted, sav- ing the recourse of any other County of which any part may have been within the Municipality so ceasing to exist, for a share of such moneys proportionate to the population of such part as compared with that of the whole Municipality so ceasing to exist : Recovery of 2. The County Council shall have a right of action, for the such money if recovery and payment of all such moneys as aforesaid ; and not paid over. ]\^q g^j J moneys shall be afterwards employed or paid by the Secretary-Treasurer according to the order which he may re- ceive from the said County Council, in pursuance of the provi- sions aforesaid ; Assessments, 3. All assessments or rates of my kind whatsoever, which &c.,duewlien ^t the time this Act shall come into force, shall be due to any comes'^hito ^"ch Municipality ceasing to exist, ? 'lall belong respectively force. and shall be paid to the Local Municipality within the limits of which they shall have been imposed, in the same manner as if the said assessments or rates had been imposed in the said Local Municipality by and Jn virtue of this Act ; 18 Vict. d lo such shall give ppointed, ;il of the the time eii place icede this any such lel'ault of R inlerval the letter le Gover- led of the qualified HEREBY lall come Jecretary- ng to any II be paid bounty in of such ; the dis- d first to nicipalify 1 of those ctcd, sav- part may ist, for a I of such o ceasing •n, for the aid ; and lid by the may re- the provi- er, which ue to any »peclively the limits i manner n the said 1853. Municipal and Road Act L. C. Cop. 100. 40 4. From and after the day when this Aoi <.li.,ll »^.^ • . ^ force all .he property, mov.^l.le as wdfaf llmf a^;,;i:^;: '"-^of .ha then belo.ig o any Counly Mnnicipnlity (-onsinff ,, c" s ?■'■ ""''''•''^»' .hall belong to the County Mu.ncipality treated by a^d L^Sr!hif"• v.rlue of tins Act wUlnn which the place where .he sTtt r".. ,f Acl!' '^" ihe Council of the Municipality ceasir:. to exist w.-re hcfd is situate in the sauie manner as if .he said property had been acquired by the sa.d last County MunicipLliiy ; Lvin. u," necu.eof recourse of any other Conn.y of which al.y pa;, maylmve '"-rnr/i. been vvithm the Mun.cipalily so ceasing to exi '. for a v|,are of ^"'"^* "^"■"^• the value ol such property piopor.ionate to the population of ceash^'to eli"7'"^ "''' '"* '^ '"' ^^"^^^ Municipality sc 5. Debts, con- liacts Htc of iiiiinicipalilies ceaning under 'his Act, by what munici- pality to be paid or en- ibrc«HJ. th Reroiirsd against other Municipalities saved. The debts, contracts and agivomcnts of any Municinalitv whteh sha 1 cease to exist by virtue of the coming into K L^f tins Act, shall .hereafter be the debts, contracts a^d a„„rs of and shall be recoverable or enforceable by oi- fro.^ the bounty m wh.ch the place where the sittings of the Cmucil of the Municipality so ceasing .0 exist wcr? held is siti ate m the same .nanner as if the .aid debts had been con.racted b^ and the said contracts and agreements had been entered into by the latter Municipality, saving the reecurse of such County to recover fio.n any other County within .he limi.s nf which any part of .he Mun.cipa ity ceasing to exist was situate, a share of ^n sum patd in discharge of any such debt, proportionate ?o the ^opuln.ton ol such part ol such MunicipaliiV as compared wi.h be whole population thereof; and it shall be lawful for^ny ounty Council to cause a rate or ra.es to be levied on^he '.e..able properties m any locality wiUtin such County Lit g a separate Munic.paliiy, or part of a Municipality or oarK .f ^n^eral Municipalities, for the payment of any^debt'or debt! contracted or ^vork or works done'foi the advatttage of anytch ^caJ.ty byany Couii.y or Parish Municipality heretoforeVxH lng,or upon the whole County if such' debt or debt, was or ^^ere con.racted or such work or works for the benefit of t ho .hc,le Coun.y ; and every such rate may be JeviedTr the sa fs action of any equitable claim, whether such debts were con mined. DELIVERY OF PAPERS, &c. XXXVIII. Every person who shall have held the nffio^ ^e hi-, tes,am\ntary exe^^r 'S- Vrua.^ ^S ^^If '",!.r'.^'- l^^ --- cietary-Treasuier of the Municipal Council of the County Rates to be levied for dis- charging such debts. whom. ^4 Cap. 100. Municipal and Road Act L. C. 18 Vict. Action to compel such dtlivery. Enforcingr judgment in such action. County to which they relate, within fifteen davs after the time when this Act shall come into force, or if such Secretary- Treasurer be not then appointed, within eight days of his ap- pointment, all books, registers, prncis-verbaux^ assessment rolls, resolutions, copies of judgment, maps, plans, rcturnw and other documents and papers in his or tneir possession, or under his or their control, relating to such office, to remain deposited and of record in the ofllice of the Council and in the custody of the Secretary-Treasurer : 2. The Secretary-Treasurer of each County Council shall have a right to take possession of all and every such book 3, papers and other things wherever he may find the same, in the event of their not being delivered to him by the proper officer or person within the delay hereinbefore allowed, and shall also have a right of action to recover the same with damages, as indemnity to the County Council and costs, before any Circuit Court, by saisie revendication or otiierwise from such officer or from his heirs, executors or curators, or from any other person having posses- sion thereof. And judgment in every such action by which delivery or the payment of damages or both shall be ordered, may be enforced by contrainte par corps against the person con- demned, according to the laws in force in such cases in Lower Canada, if by the declaration such contrainte is demanded. ROADS, BRIDGES AND OTHER PUBLIC WORKS. eLASSIFICATION AND GENERAL PROVISIONS APPLICABLE TO THEM. Roads, &c., to XXXIX. Roads, Bridges and other Public Works shall, for be classified ^he purposes of this Act, be divided into tliree classes : ProTincial i_ Provincial Works comprising all Roads,' Bridges and ^°^ *' other Public Works made and held by the Provincial Govern- ment ; Countyworks. 2. County Works comprising all Roads, Bridges and other Public Works made or maintained at the expense of a County or of several Counties, or of the Inhabitants or any number of the Inhabitants of more than one Local Municipality in a County ; and Local works. Roads classi- fied. Front road«. 3. Local Works comprising all Roads, Bridges and other Public Works made or maintained at the expence of any one Local Municipality, or of the Inhabitants of any portion thereof. XL. Roads are further distinguished as Front Roads and By- Roads : 1. Front Roads are those whose general course is across the lots in^ny Range or Concession, and which do not lead from one Range or Concession to another in front or in rear thereof ; .#, 18 Vict. ^M 1W5. Municipal and Road Act L. C. Cap. 100. ifter the time ich Secretary- lys of hifl ap- , assessment )lan8, rt'turn* possession, or :e, to remain cil and in tha icil shall have )ook3, papers n the event of icer or person io have a right lemnity to the aurt, by saisie )m his heirs, aving posses- ion by which 11 be ordered, be person con- ises in Lower emanded. ! WORKS. BLE TO TH£M. 3rks shall, for sses : Bridges and icial Govern- ges and other 3 of a County ny number of icipality in a jes and other ce of any one )rtion thereof. oads and By- ■se is across do not lead ont or in rear 45 1 ^'^^ ^y-'^'^'f^, (7f '^•') ^'"^ ^h««« whose general course is By-roa.i. or en^hwise of the lots m any Range or Concession, or which Rouiu. lead from one Range or Concession to another in front or rear thereof, or to a Banal Mill or to a Bridge or Ferry not on the line of a front road ; and all other roads not being front roads • but any Council may, by Resolution, declare any other road to be a By-Road ; ^ 3 A front road passing between two Ranges or Concessions Roads bet- I IS the Iront road of both, unless one of them only has another *e-ntwocon. front road, m which case it is the front road of the Rani?e or "*''°"*- Concession not having another front road; but any Council mav I by Resolution, declare any other road to be a front road ; . 4. That part of the front road of any Range or Concession f » , , I which 18 upon, or in front of, any Lot, is the pfont RoaSc^such' ^^^TL^' °' rthinvsix^fL^FrVn^h^i;"'"^^^^ -'' ^^ «r""'^ '^^" ^^ ^^««th«^ Width of front jininy-six leet h rench measure, in width : rouds. 2. No By-road and no road leading to a Banal Mill hereaftpr «,t, *ure,'inTdth'-'^'^^ be less than twenty-six feet FrLch me" ""'^'"^^^^^^ 3 my !. Nothing herein contained shall be construed to prevent t.* •e so ordered by Proems- Verbal, or By-law ; width made by order, By. law, &c. 4. Except where it shall be otherwise provided by some ni„k . Zl'I^^y, or By-law there shall be on ?ach side o^f eTr^ ^Sl^^' ffflA , f n'''°''5''1.'° "'"^"■> P^P^'y constructed and havine ad there shall be small drains across the road at all olaces ^here the same may be necessary for the free passage Ke »n VT.^? f'^^ '" "■« "*" ■' 'hose ditches an? dr Jns mil be held to be part of the road ; tifl'.h'^i"''"'-' T^ ''^'''sponsedwithorraaybe madeoflessM v .• aivi tue'^ndTfTtf '-''t "r." °'''«' ^"^"^ ^^" '""«-»*• W-laws; so ordered by any Proc^-rcfJo/ or Lfd t:X'"orreVny^"rr1rse°'lZ"^H " "^ '"— " t^ ■:'Xn'^!^-L'^ '? fo'^o attheeotiimcrcementofth"^ -^^^iFiwir^^IawuStrA^tT"'' " ^'^'^"'^ 7. Cap. 100. Mu7iicipal and Rl ad Act L. C. 18 Vict. Water course ?. Every person upon whose lands such water course shall allowed to he have been directed to be made, shall be bound to allt)w the pensation!" " ^^^^j ^"^ ^^ allow free access thereto for the purpose of making and nnaintaining it ; being first compensated (if he has not be- fore received compensation) in the manner hereinafter pro- vided ; Certain ways ^' Every road declared a Public Highway by any Proc^s- declared lortds Verbal, By-law or Order of any Grand Voyer, Warden, Com- under this Act. jjjjssioner or Municipal Council, legally made, and in force wh^n this Act shall commence, shall be held to be a Road within the meaning of this Act, until it be otherwise ordered by competent authority ; Honds used y road in whom vest ed. And if the road be dis- continued. 10. The ground occupied by any road shall be vested in the Local Municipality in which it lies, and such road maybe dis- continued, or its position in any part may be altered by Prods- Verhal, but shall not otherwise be alienated ; and whenever a road is discontinued, if the land on each side belong to the same person, the said ground shall phnojure become the pro- perty of such person,— or if the land on each side belong to two different owners, then half the breadth of the road shall become the prop, rty of each of them, unless one of them shall have furnished land for a road in the place of that so discon- tinued, in which case the whole shall become his property ; Punishment for certain offences touch inv roads. 11. Ft shall not be lawful for any person to drive at any pace faster than a walk over any bridge exceeding twenty feet in length, unless such bridge be wholly of brick or slone,— or to cut, deface or injure any part of any bridge, rail or post, or any mile stone or mile post, or any inscription thereon, .or any •work or thing forming part of or serving to the use of any road, or any trees lawfully planted on any side-walk, or in any way to obstruct or render inconvenient or dangerous the use of any road ; anr' for every such oifence the oflender shall incur a penalty not exceeding twenty shillings, nor less than five shil- lings currency. FERRIES. Where both sides are m on* locality. XLH. Ferries in ca?es where both sides of the river or water to be crossed lie within the same local Municipality, shall be under the control of the Municipal Council thereof • 1865 Municipal and Road Act L. C. Cap. 100. 47 arising 2. Ferries, in cases where both sides of th*. 7.^r« to be crossed lie within the same county but n^^Tth^^/r r '''^"r same local municipality, shall be und^/ the Tom^/o^t - '"; '^e "^ County Council; "^ "' "^^ same locality. to aueh^mu„ieipali.y, and if il I under r^n^' 't.^ - »^-""' Coamy Council .bey sl,all belong „„e moL; T Ich °of J: ''"'°"=- local municipalHies between which the ferrv n^. . j P moneys shall be applied to road pu?po«es f 4. Ferries, in cases where both sides of fli*> r,*,r«- ^ be crossed sllall no. lie wi.hin .he same eonn.v^^M^ ™ " '" '^'"'" '"<■ .0 be regulated and governed as .hey no^aTt ' ^oCer 6. Nothing herein contained shall be consfmp^ ♦«« ui Municipal Council to authorize any ne'-^^ within thp limits f«,. ^r'"""^*' ^^y person to keep a ferry ^'''^g" sav^d. witnmthe imits for ^^ii]chan exclusive privilege has hp,.n ^ granted by law to the proprietor of any toll-brid^f " Ithe'iontr'olTaTAluni'p:/^^^^^^^ tT TV'^"^ ""^^ ^^^'^^ ^- such Council orV;ond"?he iSi^T^: ^^ ^"f "^^^''''' iJicense, sha incur a penalty of twpntv IkVii- ^^ ^"^'* [each person or thing so' fSoveTbyfiim"^^ '""^"^^ ^^' FORDS OVER RIVERS. . WINTER ROADS. five feet fiom it "hafl hetll? i "^^"''^ °^ ^^ ^^^^^ t^^^^^y- *""""" finches from the JrmL i ^° '^'''T '« ^''^^in twenty-four pickets stand! g fbo^r^'thariT^.r'^ '^' "P'S^''* P°«^« - limits of Villages and in ^ ^ ? ^'''''^P* °"'y ^'^'thin the least twenty-fivlff^et t> " ftV^ '^l"? \»^^ ^«"^^^« stand at inconsequence of heX? or ftt.s^ ''f highway, or where great expense havinrheen erected h "r ^"^"^T^^^^ ^^'^^^out shall pe'rmit them iS rema ^ - ' k^°""^^.^"P"""^ think proper ; ^' ' " "''^^ conditions as he may k sons. Excpption ; V^iliages. hed- ges, &c 48 Cap. 100. Municipal and Mood Act L. C. 18 Vict. Site of road. Jurisdiction on rivers, &c. between two Munieipali* ties. 2. Winter roads upon the snow shall be made in such places as the Inspectors shall from time to time determine ; Through what 3. They may be carried upon or through any field or in- property to be closed ground, except such as may be used as orchards, corne . gardens or yards, or as may be fenced with quick hedges or with fences which cannot without great difficulty or expense be removed or replaced, through which they shall not be carried without the consent of the occupant ; By whom to '*• They shall be kept in order by the persons who are be kept up. bound to keep the same roads (or the roads for which they are substituted) in repair in summer, including the Muni- cipality when so bound ; 6, For the purpose of making and maintaining Winter Roads on the frozen surface of rivers, lakes and other waters flowing or lying between two or more Municipalities, the powers, duties and authority of the Councils of the several Municipalities lying on each shore and of their Officers respectively, shall extend be- yond the ordinary limits of such Municipalities, as far as the centre of every such River, Lake or other Water ; By what Mu- 6. Every such Road shall be maintained by the Local Muni- b *^jf"'t iT^ '" cipality through whose limits as defined by this Section, it passes, unless it has been substituted for a summer Road, in which case, if parties other than the Municipality were bound to keep the summer Road in repair, the same parties shall maintain the winter Road ; Joint expense 7. Every such Road leading from one Local Municipality to casesf^'" another (such Local Municipalities not being situate or fronting on the River St. Lawrence) shall be traced out and maintained at the joint expense of both Municipalities, and under the joint direction of the Inspectors of both Municipalities ; 8. Every such Road across the St. Lawrence shall be traced out and maintained at the jc'.nt expense of the two County Municipalities immediately connected by such Road, and under the joint direction of the County Superintendents of both Counties ; Provided always, that when either end of such road across the St. Lawrence shall terminate at an Incorporated City or Town, or within two miles of the limits thereof, such City or Town Municipality shall bear one half, and the County Mu- nicipality on the opposite side shall bear the other half of the expense of the making and maintenance of such road ; And provided also, that the County Municipalities on the North Shore of the St Lawrence having roads leading to the Island of Mon- treal, with the exception of the Corporation of the City of Mon- teal,shall beexemptfrom contributing towards the tracingout or maintaining of any such Road leading to the Island of Montreal ; but all such Roads, except those terminating at, or within two miles from, the City of Montreal, shall be traced out and main tained by the County Municipalities respectively on the South ■ ' Shore Roads across the St. Law- rence. Proviso : When the road leads to a city, &c. Proviso : as to Municipality on the Nortii &hore of tiie St. Lawrence having roads leading to the Island of Muutreal, 1855. Municipal and Road Act L. C. Cap. 100. 49 Shore of the said River from which they lead ; and the winfpr roads leading to the Island of Montreal from the Countv of ^^^^somption, shall be traced out and maintained by that having a row of hahses m the middle, and a track on one side '^' hereof for vehicles going m one direction, and on the other for those gomg in the opposite direction ; and the said Suner n- tendent may, from time to time, make such other general or special orders concerning the mode of keeping the slid Roads as he may deem expedient, and such orders shall be biSdinJ earned f ' ^'''"^ "'''*'' ^'"^ ^"^ ^^ ^^^ partie?rn?. .A^' 1:" Y'"/^'^''^'*' '\^" ^^ "^^'^^^ V «'*^« of spruce cedar, hemlock, pme or other wood, of at least ei^rht i^ iJ, Baliseshow length, which shall be fixed at a distance of nn/^^ J 1 P'r'^' '^"'^ «* thiny-six feet one from the other, on ea?Slf?h1 rd"^^^^^^ Toad be single, and m the middle of the road, if it be double. Uy whom roads are to be made and maintained in I THE ABSENCE OP ANY BY-LAW OR />^0(^^I T/«„4? REGULATING THE MAKING AND MAINTENANCE THEREOF XLV. If there be no valid Proc^s-Ferfta/, By-law or Ord^r providing otherwise, then— ^ Urder, .n'-'^K^ 1'°"* ^"^"^ °^ ^^^^ I^^t is to be made and kem in ^pair by the owner or occupant thereof; and if there 5^ t^ LTnTth """"' "^' occupants, then by them jointly and'everairv kvmg their recourse against each other ; but th/owner or occu fcV Td^°; ''^^^I "°* ^^ b°»°d t« "^ake or rep^?more than Ine Front Road on the breadth of such Lot unless ..Xt It k Cf '^r '^r'y ^^P^"^^'' ^" d^P^h ; and if\S be more th^^ Ine front road on any Lot not exceeding that denth and U^ id m^aimS^Tlll'lL'S/""''' «"<"«« "'^"' "e made jParish or Towihlp on theTZ p ""^P^"'' "J Lots in the iiluate ; ™'"'P' ™ «"« *'™t Road upon which they are By whom roads shall be made, &c. Front roadf. It more than one within a certam dis- tance. Fords and public bridgefl. .u- , ""^°^"®' *^oncession. mDronnrtinn ♦« *u^ rJl-.. roada. ia» ioig so occupied by them iiuuioge 50 Cap. 100. Municipal and Road Act L. C. 18 Vict. i To mills, fer- 4. Except that every By-road leading to a Mill, F-'iry ries, &c.' cr Toll-Bridge, shall be made and maintained by the occupant of such Mill, Ferry or Toll-Bridge ; Front roads on 5. Front roads on ungranted Lands of the Crown shall be Crown Land.. ^^^^ ^^^ Hxaintalned as By-Roads ; Work on By- roads and pub' lie bridges, how to be done. Tender and conttact. Streets in towns, &e. 6. The work necessary for keeping in repair By-roads and ' Roads to be made as sach, and Public Bridges, shall not be done by the labour of the partiey bound to maintain the same, but by contribution in money ; and the Inspector of Roads for the Division shall, after public notice, give out such work in the month of October for the ensuing winter, and in the month *of March for the ensuing summer, to the lowest bidder, who shall give satisfactory security for the proper performance of the work ; and the sura required to pay for such work shall be paid by the persons liable therefor, in the proportions above mentioned, when not Liable for the whole amount of the expenses; - 7. Streets in Towns and Villages shall be deemed roads, and made and maintained accordingly, unless the Municipal authorities thereot shall provide for their being made and main- tained in some other way ; Exemption 8. The burden of proving that any road is not subject to the claimed b^ foregoing provisions, shall always be upon the party claiming proved. exemption from hem. EXISTING PR0CES-7ERBAUX AND BY-LAWS CONTINUED UNTIL REPEALED. Existing Prom XL VI. Every Proch-Verhal^ By-law or Order touching any maiuiahied? '®^*^ ^"^ bridge in force at the commencement of this Act, shall remain in full force until it be repealed or altered by competent authority : Also existing apportion- ineiits. But may be Altered. 2. Any apportionment of any work among the persons jointly bound to perform the same, legally made and in lorce at the commencement of this Act, shall remain in force until the time for which it was made shall expire, or until altered under this Act; 3. Every such Proces- Verbaly By-law or Order as aforesaid, may be annulled, repealed or altered by a Proces- Verbal By-law made under the authority of this Act ; or r V°o'*''''f*" '*• No Proems- FiprAo/ or By-law shall discharge any inhabi- work in an- tants of any County from their obligation to perform work in other County, another County, unless it be a Prods-Verbal or By-law of tlw County in which the work is to be performed. But hereafter no uWiiMir oi uccupaui uf u lul la uiiv Cuuuly Mhull ha iiiudti liuulc to wn shall be 1855. Municipal and Road Act L. C. Cap. 100. 51 to work in respect of such lot in another County except on some No such order road of common interest to two or more Counties on which bv '° ^^ "^^^^ a Rroces. Verbal homologated in the manner provided by thi^ f.'^xt'LZa Act for such cases, he may be bound to work, or unless such caiesonly. road be the Front Road ol his lot : No repartition or apportionment of labor made under anv Repartitions '.es-Verbal or By-law, shall be set aside or declared void {^^''^"'^J*^^,?" 5. Proces- r V, uu,,. yji xjj^-iaw, Buuu uu sei asioc or declared void i^*"^'""'™"" solely by reason of its having been made or calculated upon o7ytt''" the superficial contents or the breadth of the lots to which it ^'''"*- relates, although the law may have required it to have been made according to the value of such lots; but every such an portionment shall be considered legal, and shall have full force and ettect until it be set aside or altered by some Proces- Verbal or By-law homologated or passed under this Act. emed roads. :ONTINUED as aforesaid, )ccs- Verbal or NEW PROCES-VERBAUX. XLVIl. Whenever a representation is made to the Countv ^Superintendent, either by a Resolution of the County Council Application to jor of any Local Council, or by a petition addressed to him hn3nt"bT by not less than five persons interested in the matter an^ PetiSof '^ qualified to vote for the Election of Local Councillors within such County, to the effect that provision should be made for the opening constructing altering, widening or maintaining of any Road, or for any other public work widiin such County'' or partly within and partly beyond the limits thereof it shall be the duty of such County Superintendent to visit the place He «hail visit |or places where such work is to be done : *^ the sp^t. \^ 2. Before proceeding to make such visit, the County Suoer- ^^^'^ ^y intendent shall give public notice to the inhabitants interested S."nT^,T" |n such public work of the day, hour and place at wh ^h he ^t^ fl Ti '"^'^ ^"'l^bitants, or such of them as may attend o be heard for or agaiast the performance of such workror with JhereloT ''"'"'''"'''''"^ '" ^"'" "">^ information ' relaTing 3 After having made such visit and heard snoJi «r tu^ j „ snhabitants as may have reauired tn l.n J. i .^^"^ ^^'^ ^"P"'*"/^"" u,„i 1 .\. r^ "^ required to be heard in relation in pei intendent : (ticl work, the County Superintendent, if he considers th.t the -^-^ ^'•-*- J^ork in question should not be done, shall ma p V f :! ^''^"^ }^ :hereon, stating the ground of his opinion bm f L bfof "^' )pmion that the work should be performed, he shall draw un a iP/m-... rer6a/ or report, shewing the nature of the work The i- Every sack Proccs-Verbal shall determfn^ th„ „„ ■,■ and desoripUo,, of ,l,e road, bridge or th^TrZI::^',!:^??! •'"» mo wor. .o b. don. and (if renuishe) ikStir^^i^lli^^Xji What the Proces- Verbal shall deter- ruiiie. 52 Cap. 100. Municipal and Road Act L. C. 18 Vict. \\ How the share of money, ma- terials or work to be iurnished by the several imrties shall m Verbal^ the general rules hereinbefore to be o' aerv- established with legard io cases where there is no Prods- Verbal. •*•' shall be followed. XLVIII. It may be - rdered by any such Prods- Verbal — What Prods- Verbal may order. » mi i i- n • -r Construction *• That any public Bi^f«ge be constructed of stone or brick, of biidgw. or other material, or p^t \y of one and partly of another, and of •ettsun 'M, n: 1855. Municipal and Road Act L. C. Cap. 100. .58 certain dimensions, and according to plans and specifications attached to the Prnces- Verbal therein referred to, and which mav be amended by the proper Council or by a Board of Deleeatea as forming part thereof : ° 2. That proper fences, hand-rails, and other like defences be *'T'"' '**"''' I placed at the side of any road where it passes near or borders *'"* upon any precipice, ravine or dangerous place • 3. That any part of a road through a swamp, or wet ground. Paving. &c be made with fascines of brushwood, or paved with square road- SirJu^h f timber, describing the mode of construction • swamps. 4. That any road be or be not raised in the middle, and that Form and ma- I any specified kinds of materials shall or shall not be used in »*"»'» of«««l. r making or repairing it ; 5 That the timber where the road passes through uncleared Clearing Hands be cut down for the space of twenty feet on each side of it '™''«' f™™ cept such trees as form part of a maple grove destined ioi rtad^"*^* "^ the manufacture of sugar, or as may be reserved for ornament to the property ; E' * r 6. And generally, the mode of constructing and repairine Generally a« ^he road and the work may be oiudined by any such Proc^A? ^" T''^^^ Werhal, due regard being hid to the situation Ji tl^road the ""'"'''^°"' Iravel over It, the m.ore or less advanced state of the settlements lo and irom which it leads, and the circumstances of the parties ^y whom it IS to be made and maintained. L ■^^u^'j'^^^ County Superintendent shall, within eight days ^«P°«t °f ^om the day appointed for visiting the place where the work f '"''"*'■ *'?'*''^ « to be done as aforesaid, depos^ his >roc^,. F^ft^ in °Je '" "^"""• ^flice of the Council of the Local Municipality che Inhabhants br any portion of the Inhabitants of which such Xk may ^ hncern, if the inhabitants of no more than oT O Municipality are interested therein, or, in the office of the bounty Council, if the Inhabitams of mo^ than one Local Mu- Jicpahiy in such County are interested thereinTandh shaU lsUDOsrtSfn'''''"""'^'^i"""'?°^^ ''^^^ «"^h AoclrS What Council p deposited to examine and revise the same : ''^^^ "vise it. PxLfnationTr ^f -^ ^^Tn' ^^^°^^ Proceeding to any such Notice of time \hr^Hl^ c '^^*«^«^ shall cause public notice to be Viven *"'^. .P'*^« °f niHnfliil ' Secretary-Treasurer, to the Inhabitants of thf Mul """''"* 54 Cap. 100. Municipal and Road Ad L. C. 18 Vict. Notice to De- legates when the P. V. coH- cerns inhabi- tants of more than one County. And publica- tioninlocaiitv- Deleirates to attend, &c. 3. And whenever the work to wiiich any such Proems- Verbal relates concerns, or is to be made, or maintained by, the Inha- bitants of more than one County, the County Superintendent sha'l, within thirty days after the day appointed for such visit, give special notice to the Delegates appointed under this Act in each of the Counties interested in such works, of the day, hour and place at which they shall meet, to examine and revise such Proch- Verbal ; and he shall also give Public Notice of such intended meeting to the Inhabitants of the several Local Municipalities interested in such work ; 4. It shall be the duty of the Delegates so notified and of the County Superintendent by whom such notice is given to attend at the time and place so appointed ; and the said Delegates, when assembled, shall form, and be designated as the Board of Delegates from the several Counties interested in the work to which such Proces- Verbal relates ; 5. Any number above the one half of the Delegates so noti- fit J to .attend any such meeting of Delegates, shall form a quorum i and whenever the Delegates present at any such meeting are equally divided in opinion upon any question sub- mitted to them, the County Superintendent by whom such meeting was convened shall give a casting vote ; but shall not otherwise have a right to vote at any such meeting ; Who shall act 6. The Secretary-Treasurer of the County Council of the asMerKoime ^Q^jj^y j^^ which the County Superintendent whose Proces- ^ ^^ ' Verbal is submitted to such Board of Delegates holds office, shall act as the Clerk of suf^h Delegates during their meeting; He shall keep and it shall be the duty of oach Secretary-Treasurer to make a a minute of minute of their proceedings and to deposit the same in the office proceedings. ^^ ^j^^ Council of which he is Secretary-Treasurer, to form part of the Records thereof; Quorum for such revision. Casting vote. Parties heard. to be 7. Every such Local Council, County Council or Board of Delegates, before deciding upon the merits of any Proces- Verbal. so submitted for their examination or revision, shall hear tlie persons interested in the work to which such Proces-Verbal relates, and the County Superintendent of every County inte- rested therein, or any of such persons who may be in attendance at the time and place appointed for such examination and re- vision, and may require so to be heard ; Proces-Verbal may be homo- logated With or without amendments ; When to be in force. 8. Every such Council or Board of Delegates may homolo- gate without alteration, or with such amendments as they ninv deem just and expedient, any Proces- Verbal so submitted lo their examination or revision ; and every such Proces- Verbal shall remain in force as so homologated or amended from the day of the dale of 'such homologaliou or amendment; 'I 1855. Municipal and Mood Act L. C, Cap. 100. '^roch- Verbal 3veral Local 55 To be dpemed homologated after remain* ing a cer.ain time without amendment or homologation. 9. And if any such Proch- Verbal remain deposited in the office of any Council for a period of thirty days without liaving been homologated or amended, every such Proch- Verbal shall be considered as having been duly homologated and shall remain in force from the day of the date of such deposit ; 10. And if the Delegates whose duty it may be to examine Or if the De or revise any such Procis-Verbal fail to meet at the time legates /ail to appointed for such meeting, or having met, close such meeting •"««* °' ^'*- either formally or by adjourning sine die^ without having^*""""'**'''* amended or homologated the same, such Prods- Verbal shall be deposited by the County Superintendent who has made the same in the office of the County Council of the County in which he holds office, and the said Procia- Verbal shall be considered as having been duly homologated and shall remain in force from the day of the date of such deposit • 11. It shall be the duty of the County Superintendent, who A copy to be shall have the custody of every Prods- Verbal homologated as delivered tor aforesaid and concerning more than one County to deliver a ^'"^^ Co.inty copy thereof duly certified by him, to the County Superin- '"^"^'^*'** tendent of every other County interested therein ; 12. Every Prods-Verbal made under the authority of this » Act shall be in duplicate One duplicate shall be deposited of 6^«:t blln record in the office of the County Council of the County in duplicate. Z f'l^u^A^'V^ Superintendent who has made such Pr>»c^ How deposit. FerAa/ holds office, if the work to which such Prods- Verba/ ^oi St relates be a County work, or in the office of the Council of the Local Municipality which it concerns, if it be a Local work I and the other duplicate shall be deposited of record in the ^Office ol the County Superintendent who shall make upon or annex to the last mentioned duplicate, a true copy or copies I ol all amendments made to such Prods- Verbal by any cornoe. tent authority ; j j t"^ 13. Anf Prods- Verbal made under this Act mav h*. «. -n. pea cd, al,e,.d, amended o, explained a, a'n/^LT/aS^th"; ^^^' by Statute Labour; and from the time such By-law shall .ike effect, and while it shall be in force, so much of any Frocks- Verbal as determined by the owners or occupants of what lands in such Local Municipality any road shall be made or maintain- ed, shall cease to have eHect, nor shall the owner or occupant of any land therein mentioned be bound to make or maintain the front road ^ -. h land ; but that part of any Proch- Verbal which describes the work to be done and its nature and quality shall remain in full force, and be binding on the Municipality ; nor shall any power of the County Superintendent or of any Road Officer, or any provision of this Act be affected by such By-law, except only as by this Section expressly provided. Further effect — During the time such By-law shall be in force- Increase of ^' ^^^ amount of statute labour to which any party would statute labour, otherwise be liable, shall be doubled by virtue of this Act, and may, in the discretion of the Council, be further increased ; Municipality bound to main- tain roads, Sic. thereafter. Duty of Coun- ty Superin- tendent. Municipality liable for damages aris- ing from non- re|)air. 3. The Municipality shall be bound to make and maintain all roads and bridges within the same, and also those beyond the limits thereof, which without such By-law, any of the owners or occupants of lands within the Municipality would have been bound to make or maintain, and generally to perform all road work for which any such owner or occupant would otherwise have been liable ; and it shall be the duty of the County Su- perintendent, and of the Road Officers, to see that the roads are made and mai'-.tained by the Municipality in the manner required by law and by the Prods- Verbal regulating the same respectively, and to require the Municipality so to make and maintain them, and to prosecute the Municipality for any default so to do ; 4. The Municipality shall be liable for all damages arising to any party from the non-perforrnance of any obligatiou imposed on it by this section ; and shall be liable to the same penalty for neglect or refusal to perform such obligation, or to comply with any of the requirements of this Act, as any private person would be in the like case ; Local Council 5- Any Local Council may make such By-laws and Regu- roay regulate lations as may be deemed necessary, (not being inconsistent manner of ^j^jj ^y provision of this Act) for defining the manner in which the money raised for road purposes, and statute labour, shall be expended and applied for the purpose of making and m ai nta i n in g the roads which are to be'maxle and maiatoined manner of applying mo- ney and la< bour. 11855. Municipal and Road Act L. C. Cap. 100. 57 by the Locul Municipality, and may enter into all contracts vhich they may think necessary touching any work to be done or upon the same ; 6. While any such By-law shall be in force, the County Su- Roa.Umay be nerintendent or such of the Inspectors of Roads as shall ho *''*''*'*''. '"'° Ihereunto authorized by him, may divide the roads in any Mu- JSISiw're bicipality, or which the inhabitants of any M micipalil^ are «»«•<•• "tatute ' bound to make and maintain, into convenient portions and '**^"'' may assign the amount of statute labour to be performed on svery such portion, and the persons liable to such labour and by whom it is to be performed j 7. Any such By-law may be repeal..' by another to come By-law con- Into force on the first day ot January n«>xf after the expiration ^a'n'ng ""ch if three months from its pay^ing, and passed by a majority of ^f«ler may bo kwo thirds of the Members of the Council ; and thenceforth all pT » 7 i »he provisions of any Proch- Verbal, By-law or Order, or of this repS. *" ' Let, which were suspended while the repealed By-law was in wee, shall again revive and have effect. COMPENSATION FOR LANDS TAKEN FOR ROADS AND OTHER PUBLIC WORKS. LII. Whenever any land is to be taken for a road or Compensation Iridge or for tae sited any building required for Municipal tube made, purposes or for any other public work, the owner thereof shall ^ceive fair compensation for the same from the parlies who by ie Prods- Verbal or by law shall be bound to pay the same or »m the Municipality if such work has been or is to be per- ^rnied at the expense of the Municipality, unless it be decided Exrer.tion tat such owner is not entitled to compensation : '•xrepuon. 2. In estimating the compensation, or deciding whether the Mode of esti. ""i^u i^""* ^^\^" ^°' ^ '°^^ '^ ^"* 'tied to any, the advan- matgamott tges which he may derive from the road, or from the chance o;<^«mi>en8a. the position thereof, or from his receiving any land no '""• toger to be used as a road, as well as his liability to furnish tad for road purposes or his exemption therefrom (as the Ise may be,) shall a ways be taken into consideration, and if ley be equal to the damage sustained by the taking of the new lo . .^H J". '^" ^^ ':''^]^^^^ ^^ "° compensation, nor shall InnnL"^ fr ?■ ^""yP^'^ff^^tion or damage arising from his P De called upon to pay compensation ; fcction, »r\^VrTfrTnf in^/^'".^" """'^-'^ ^''''}^ ^^"^^^^^^^ '^^^^ Nocompens- >r tne hrst front road made upon it, nor for any road unless ^i°" ^^' «"» 16 quantity so taken shall exceed the allowaSor roads 'r'°^*'^ »ade^in the original grant or concession of surCd from the' ""'"'' ^'' rzvrvsii. ; 4. 58 Cttp. 100. Municipal and Road Act L. C. 18 Vict. VnluatoM to 4. The Valuators of the Local Municipality in which the a»certaiii cotn land is situate, or any two of them, shall a^curtain the coni- E^e'to'pr" Pt-nsation (if any) to be paid, after public notice having been tie* iiiteiesied. previously given of the day and hour when they will attend upon the ground to hear the parties and estimate the compensa- tion, which time shall be appointed by the County Superin- tendent ; Two Valua- tors may act. Provision if any of them be disquali- fied. 5. Any two of the Valuators may act in the absence of the third ; and if any one or more of them be absent at the time appointed as aforesaid, or be disqualified by direct interest or by relationship to the party whose land is taken, or otherwise, or shall refuse or be unable to act, then the County Superin- tendent shall appoint another person or other persons to act in his or their stead, and may for like cause and in like manner appoint a person to act instead of any person so appointed ; As \o ol.jec- ^' '^ ^^^^^ "°^ ^^ ^^ objection to any such Valuator or person tion to Vaiua- acting as aforesaid, that he be related to some one or more of the tors. parties by whom the compensation is payable, and every ob- jection to the competence of any such Valuator or person, shall be made before the delivery of the Certificate hereinafter men- tioned, otherwise it shall not avail ; Certificate to 7. The Valuators or persons acting in their stead, or any two afterTeaJiug °^ them, after examining the land and hearing the parties parties. attending as aforesaid, shall, by one or more Certificates under their hands, ascertain whether any compensation, and if any, then what compensation shall be paid for the land taken, and shall transmit such Certificates to the County Superinten- How record- ^^"t who shall file them among the records of his office, and td: to be final, deliver certified copies thereof to tlie Secretary-Treasurer of the Local Municipality ; and the award made by any such Certifi. cate shall be final and conclusive : What descrip. 8. It shall Suffice in any such Certificate to mention the lot £ inlich"'^ ®^ which the land forms part, referring to the Prods- Verbal or By-law under which it is to be taken, and to state what conipensation, if any, is to be paid for it : but any lot may be described as being supposed to belong to, or as being in the possession of any person ; iice in such certificate, Land vested in Municipa- lity on pay- ment of com- pensation, if any. Registration not required. 9. On delivery of any such Certificate to the County Super- intendent, if no compensation be awarded thereby, or on the payment of the compensation, if any, into the hands of the Secretary-Treasurer of the Local Municipality in which the land is situate for the benefit of the person entitled thereto, th« land in question shall be vested in such Local Municipality as „ part of the roads thereof, if taken for a road or bridge ; or in 1 the Municipality by whom the work is to be perforrned as pari of its properly, if lukcn for any other purpose ; and the said 1855. Municipal and Road Act L. C. Cap. 100. id ccrtiHcato and the Socrctary-Trcaflurer's receipt for the 'iipensation (if any) shall he a suflicicnt title thereto, and ill not require registration to preserve it ; 59 Iga ICO I bhall 10. The coinpennation shall be paid by the Secretary -Trea- Compernation wr^ free of all deduction, to the person entitled to rticeive the J,"^^^^" •!.*'*}. same, at the expiration of three months from the lime of its dediiction.* jeing paid to such Secretary-Treasurer, and the person in possession of the land as proprietor thereof at the time it was taken, shall be held to be entitled to receive the compensation from the Secretary-Treasurer, saving the recourse of any other person to rec^over tiie same from the person so receiving it ; but p lif within the said three months there be contending claims, itTe dJimed ^ [the Secretary-Treasurer shall keep the money in his hands, by more than [subject to the decision of the propt;r Court ; ""« V^r^j' 11. Nothing contained in this Act shall extend to the giving New roads not athority to mark out any new road, or turn or widen an old *^ ^'^ '""*^* sne, in such manner as that the same shall pass through any Jajn' "^roi^rty igarden, orchard or farm yard, enclosed with a wall, board without con- ^r standing picket-fence or hedge, or to demolish or injure any ""*• louse, barn, mill or other building whatsoever, to prejudice any canal or mill dam, or to turn the course of the water thereof, without the consent of the proprietor of the same. Exception. POWERS AND DUTIES OF ROAD OFFICERS, &c. LIII. All Municipal Works, of which a County Superintend- Bnt's Proces-Verhal shall have been homologated as aforesaid, Ifhall be executed, maintained and repaired under the direction M the said County Superintendent or of the Road Inspector, or pther Municipal Officers in the manner prescribed by this Act : 2. It shall be lawful for any County Superintendent, Inspec- tor of Roads, or Overseer of Roads, or any Surveyor or person Accompanying him, or authorized in writing by him, to enter, Iin the day time, and after special notice given to the occupant, pf such land be occupied, upon the lands of any person, whether loccupjcd or unoccupied, inclosed or uninclosed,forthe purpose )f raakmg any survey for any road, and also to enter upon any lunoccupied land for the purpose of searching for timber, stone cr other materials for making or repairing any road, or any [bridge or work therewith connected, doing no wilful and [ unnecessary damage, and making compensation only for actual ' damage done ; *' Certain works to be main- tained and repaired under County Super- inten.lent'g direction. Power to enter on lands to make surveys, search for materials, &c. [Form B B.] Compensation for actual da. mage only. 3. It shall be lawful for the Overseer of Roads superintending Overseers tlie making or repairing of any road or bridge or work therewith T^.'*!'' tnTr^-'^f ' '" '''''^' '"^ ^^'^ '''"^ J"^" "P°" ^">' unoccupied land "ccu^ied" to tne distance of one arpent of such road, bridge or work, and l«nds. to ma< on un- ! 1'^ 60 |s|l! Compensation} and oow set off or paid. Proviso. If damages exceed £5. County Super- intendent to visit and ex- an;ine roads twice a year ; take noies, jirose- cute Officers in default, &c. To make a report on the roads in each Municipality, and transmit the same to the Secretary- Treasurer thereof, to be laid bffore the Council, Cap. 100. Municipal and Road Act L. C. 18 Vict to take from off the same any, stone gravel, earth or ma- tenals requisite for making or repairing the same, but such Overseer shall, as soon thereafter as may be, declare on oath before some Justice of the Peace, what he believes to be the damage done to such land by the taking of such materials and the Overseer shall deliver such affidavit to the Inspector of Koads lor his division ; and the amount so sworn to shall be set ott against any road contribution, statute labour, or penalty due in respect of such land, or by the owner thereof, or if such amount exceed the sum so due, the balance shall be paid to such owner by the Inspector, out of any moneys in his hands lor the purpose of defraying the cost of making or repairing such road, bridge or work, and if he have not sufficient, the money shall be raised by assessment as other moneys required lor such purpose : Provided, that if the amount of such damages exceed Five Pounds currency, the same shall be assessed bv the Valuators of the Municipality or any two of them in like manner as the value of ground taken for a road or ether public work, and their award, or the award of any two of such persons as may be appointed in their stead, as hereinbefore provided, shall be final. LIV. It shall be the duty of each County Superintendent between the first and twentieth days of each of the months of January and June to visit each Inspector's division in his County, and to pass over and examine the main road therein and such of the other front roads and by-roads to which his attention may have been called by any report or representation to him made and to examine and make notes of the stale in which he shall find every such road and the works thereon or therewith comiected, and to call upon each of the Inspectors ol Koads to accompany him in his visit to the division under the superintendence of such Inspector, and to give him such orders and instructions as may be necessary to ensure the laithlul performance of his duties under this Act, to inspect the notes kept by each Inspector .as aforesaid, to note any case m which he shall find any Road Officer or other person to have neglected any duly imposed on him by this Act, and to pro- secute such Officer or person for such neglect : 2. It shall be the duly of each County Superintendent between the tenth and twenty-seventh days of each of the months of Janu- ary and June in each year, to transmit to the Secretary-Treasurer of each of the local Municipalities in the County, for the purpose ol being laid before the Municipal Council thereof at its then next session, a report on the state of the roads in the Munici- pality and of all other roads towards the making or maintain- ing ol whicii the inhabitants of the Municipality or any of them are bomid to contribute, shewing how far the law has been carried into effect with regard to the said roads, and where and bow (if there be any such^ase) it has been neglected or dis- obeyed, and ctmtuiaiiig aucii olker information and such sUggoaUone suggestions and the said 4. The Coi time when h( any Local M r.v. Itshai: once in every i division or ov( and to make r or any work upon the sevei pany him in i sections, and t as may be nece to note any cas person to have by this Act, an neglect ; 2. The notes signed by him ; intendent at hii 3. Each Ins] writing to ever when he intend 1855. Municipal and Road Act L. C. Cap. 100. suggestions toaching the said roads as he may deem expedient • and the said Secretary-Treasurer shall lay such Teoort before the Council at its then next session ; ^ the County, or any of them, are bound to contribute, containins s,ra,lar information and suggestions as to the said ioaJs as he IS hereinbefore required to give and make in the reports tote k.d before the loeal Municipal Councils ; and the s^fd Warden shall hy such report before the County Council at its then „ex" time I£:n''hra'r=t;trklts1xi?;z,''""'"r";^""° °i'^^ •'»«—« any Loeal Munieipalitv e^airanation of the roads in .»bsg [FormCC.] acoiml.atv'the'co'jimt's"'''"'', "?'' ^f^"'"' °^ roads-to Weco™ ,„ accompany the County Superintendent during his visit to anv a^^nipiny roads m the division of such Inspectors,-to give hini a 1 oroni >»'"•«": IS rto'-to" "xh^iSh"' •'l--''\-der^th:cha"'r^"„?S Sll S. tem'^fM^orotifStr^^^^^^ S sttnLL-der'™""""^ ^' """^ "^ "'^y -"™™- J'V. It shall be the duty of each Inspector of Roads at lea«t once m every month, to pass over and eLmine every road in his division or over which he has any authority or superinTendence and to make notes of the state in which hJshall find each road or any work thereon, or therewith connected and to caM upon the several Overseers of Roads in his dfvkion to Iccom pany him in the inspection of the roads in thoh re.pecre sections and to give to each of them such orders and instSons as may be necessary to ensure the faithful execution of his Act to note any case in which he shall find any Overseer or ofhe; neglect f' P'°'''"'' ^"^ ''^"^ ^^^^^^«^ person for such Inspectors to examine roads in their divi- sions ; and call upon Overseers to accomijany them. To prosecute offenders. • ^" Jt^ ??^^^ ^° "^^^^ ^y the Inspector on such visit shall Hp t when he intend* to vi«it the section of such ver«e«r ; [Form u D. j 62 1855. Municipal and Road Act L. C. Cap. 100. accompany them. Overseers to 4. It shall be the duty of each Overseer of Roads to accom- pany the Inspector during his visit to the roads in the section of such Overseer, to give him all proper information on the subject of the roads under the charge of such Overseer, and to note and obey his instructions and orders ; Inspectors to report to Su- perintendent. 5. It shall be the duty of each Inspector of Roads, within the first ten days of every month to make a Report in writing to the County Supermtendent containing the substance of the notes he shall have made, and all the information he shall have obtained during the preceding month on the subject of Roads and other works within his division. OBSTRUCTION OF PUBLIC ROADS. Inspectors to LVI. It shall be the duty of the Inspectors of Roads to cause tionrto'bere" *^^ obstructions or nuisances to be removed from off the roads moved. ' under their superintendence respectively, and to report all encroachments thereupon to the County Superintendent, to the end that he may compel their removal, if the person making any such encroachment shall not, on being thereunto required by the Inspector, desist from such encroachment : What shall be deemed an ob- stmction. Penalty for causing ob- struction Justice of the Peace may order removal of obatructiou. 2. It shall be deemed an obstruction to leave or place any thing upon the road or in any ditch, or water course therewith connected, or to make any trench or opening in the road, cr to do any other act, whereby, in either case, the free passage oi vehicles, or foot passengers over any part of the road, may be obstructed, impeded or rendered inconvenient, or the free pas- sage of the water prevented, unless the act be done in the course of some duly authorized work upon the road, or by the command or with the permission of some Road Officer, under the authority of some By-law of the proper Municipal Council ; 3. Every person who shall make, cause, or create any such obstruction or nuisance shall thereby incur a penalty of not more than Fifty nor less than Ten Shillings currency, and an additional penalty of not more than Ten Shillings currency for everyday during which the same shall continue, with a'.l costs including the expense of removing such obstruction or nuisance, and such pen- alty shall be recoverable by a suit or proceeding separate from the action hereinafter mentioned for recovering the land en- croached upon, and may be sued for after such action is deter- mined J 4. Any Justice of the Peace resident in the County may hear and determine any complaint of such obstruction or nuisance, and order the removal thereof at the expense of the offender, by such person as he shall by his warrant authorize to remove the same, and may tax the costs of such removal and cause the same to be levied with the penalty and costs of prosecution and by tho 8am« process ; 5. ^P- ^' ■ Cap. 100. Municipal and Hood Act L, C. s to accom- the section ioa on the erseer, and ads, within in writing ance of the } shall have ;t of Roads 18 Vict. 63 da to cause ff the roads report all dent, to the naking any equired by • place any e therewith road, cr to passage n is deter- J may hear r nuisance, le offender, I to remove I cause the cution and deLfi;^rutr°/4lfTer„l.:t^sr--'>™e„.be ...... cause an action to be brought in ^ho « ^r P®^'°^^°^ent to mei.is defend- shall lie, which .M hav^t^antS'tt ^^ ""J P-^f •»ereof iT.El'^ encroachmen. IZltoZiXXl^l^^]'^'' "^^'^ ^y such ment be not complied wilb ,i?,hta fiS di'v''''ft '' ^^^^ J"dg- Enfo.i,,, a copy thereof on the defeDdnm ,i \^ "''^^ ^"'"'^ oS •xe-i.tio,T„f Court may, in term cr out of term on ^h^ "'"''p "' ""= ^"id '"'"""°'- Municipality, direct a Wri, „f p™L ? ^ application of the Banding him to ^rnl^Z°lZ^^»T^}° '"'^ f ^"'f' "O""- "'"' "' ■■'- may be erected thereon and ^.'^^ ""ifWt.igs or fences which '""">"• aaid Municipality, which sS K?f' »° .»f ™«=h land to the cient assistaSce,^sharaccordTngly do'; ' """"« ^'"' "'■" »«" may think right, umU°he" te regu'aTed bTaTari«-''^>r''J?° "^ u^derwhrch the Clerk o? the C^uu1hKre£'t^srh ROAD WORKS. LVll. It shall be the dntv nf tu^ t ject to the provisions of thrActlndfT'^^^', °^ ^«^d«' s'^b- lions of the County Super^tenSent hi" 'i' ^'t""^ ^°^ ^"^t^"-- n^shed with the_/ecesLrrc;;t:^;>f'^„:t?^^^^^^^^^^^^ fi- nished with thr necessa V 0-!^ ' f^ '"' '^'^ Verbaua, ValuatirrdL, LZtionlon' ^^^^i^ f^o"", ^^oc^- to direct the Over«P..« J ^^t^^^^^V}^^ ^n*i «ther ' to direct'the Overseers of Roads \Xf' '"^ "'-^^^ documents, to the time when, and thJ m^nt in whir^^^^^^^^^^^^ ^« be done,-to furnish them with statempntl ■ ^'*. '^"'"^ *« ^^ forth the names of all persons suhWt.ff '*» . ^"ting setting ofjoint labour and mateS to be fn^' h''!'u^^ ^^^^"'> *^« «harf respect of each lot of fand in the^r w ^ '^"^ P'''°"' °^ ^" forming them upon what work or wo^^^^^^^^^ respectively, and ployed, and in what proportions To t '^"?f '" *° ^^ ^'"- for commutation of statufe oHoi^nl ^'''^ ^" «""»« P^id commutation to the pmpeTove^^^^^^^^^ T^ 'Z ""^^^^ ^"^'^ other labour in the nlace of t T? '~" ° '°^''*"^* ^'"^ to engage for such labour out of ll ^ '^ commuted and to pfy certificate of the Overseer That t^^^^'^'^r "^""^^^ «^^ ^^^ formed : overseer that the same has been duly per- Outies of Ins- pectors of roads as to work to be rfone thereon, Sec, Statement in writing to be furnished to Overseers. Engaging other labour. 2. 64 1855. Mnmctpal and RoUd'Mt t. C. Cap. 100. Duties of Overseers of roads as to work to be done thereon, &c. [Form Y.] Tools to be brought by persons bound to work. Horses or oxen. Overseer to superintend and certify performance of work. Penally. Prosecuting offenders. Penally on persons not obeying order of Overseers as to labour on roadi 2. It shall be the duty of each Overseer of Roads," pursuant to the provisions of this Act, the orders of the County Superin- tendent and directions of the Inspectors of Roads, to give notice to the inhabitants of his section, respectively, of the time and place where and when any statute labour or joint labour is to be performed or materials to be furnished, and the amount of labour, quantity and description of materials to be then and there furnished by each, which notice may be given verbally to each of such inhabitants in person or left in writing at his residence, — and shall specify the tools and implements (being those ordinarily used by farmers) which each person is required to bring with him ; and if the nature of the work requires it, the Overseer may command any person having the same and bein<» bound to furnish at least three days' labour, and not having commuted the same, to bring with him or to send with a man to work them, a horse or horses, an ox or oxen, with proper harness and a cart, waggon or plough ; and every day's labour of a horse or ox, with such harness and vehicle or plough as aforesaid, shall be credited to the person furnishing the same as one day's work, — to superintend and direct the performance of statute labour and joint labour on the roads, and to give certifi- cates of the due performance thereof, — to appoint the hour of commencing and leaving off, and the time to he taken for rest or meals, the day's work being ten clear hours of labour on the spot where the work is to be done, — to dismiss any man who shall not attend during the hours appointed for labour, or who shall be idle or refuse to obey the orders of the Overseer, or not work faithfully, or hinder others from working ; and any man so dismissed shall, for the offence occasioning his dismissal, incur a penalty of ten shillings currency, — to prosecute for all such penalties as last aforesaid, and for all penalties incurred for disobedience to his orders,— to report to the Inspector of Roads for his division, the number of days' work performed and the quantity of materials furnished under his superintendence, with the names of the parties performing or furnishing the same, and the names of those who have been fined. LVIII. Every person liable to perform labour on the roads and not having commuted the same, who being so required as aforesaid by any Overseer to attend and perform the same, shall refuse or neglect so to attend, shall, for each day on which he shall so refuse or neglect, incur a penalty of**«i shillings cur- rency, and he shall incur one half of such penalty if he was re- quired to bring with him any tool or implement, and shall appear without the sfame ; and if he was required to bring with him any plough, horse, ox, waggon, cart or other vehicle and harness, the penalty shall be doubled, that is, he shall incur a penalty of twenty shillings currency, if he shall wholly fail to attend, and of ten shillings currency, if he shall attend without such horse, or waggon, cart, vehicle or harness : uv;;i AK Cap. 100. 3," pursuant to ity Superin- ads, to give f, of the time )int labour is I the amount be then and n verbally to •jting at his nents (being n is required quires it, the le and being I not having with a man with proper day's labour )r plough as the same as pformanee of give certifi- : the hour of Eiken for rest ibour on the y man who our, or who rseer, or not id any man is dismissal, ecute for all incurred for tor of Roads led and the idence, with e same, and Municipal and Road Act L. C. Notice not required to compel any person to keep his front road m repair, &c. Penalty for not repairing. low 1855. 2 No not- ^^^' '^' or r;pai°ranyXn^road^wS^^^ any person to make him alone, but if it be not made^ or r. ^^f ' °' '^P^^^^^ by required by the Proems- Verb^ leZuT''^'^ ''^ ^^^ ^^^nei such person shall incur a plahy ff fiv^^^ J.^^^^ by this Act, and it he neglect to make arrl7- ^ ^-^^^^^gs currency • Uventy.four fours aftrhavL bee'n notifi ^^^^ P^"^^ ^^ the same, be shall incur a penalty of n."* ^° P^^^ «' '«Pair less than five shillings currenrv fn. k T'^ *^^" twenty nor remain unmade or am of ^pafr' / '^'^ ^^^ °" ^^^^^ ^^ shall f'^s^^^^^^^^ P^^o the Inspector for the Penalties to or the due performance of whTh if^fi ^°' "^^j"^^ '^^ ^^^our b^Tn ST been applicable ; and the payment oTth^^r'T^ \^^^^ havea^,^.'^" offm favor of the offender aeaiWfh^ the penally shall be set is liable, at the rate of ^e dlyTjihouTf '"^°"J ^°' ^^^'^ ^e o{ the penalty paid ; ^ ^^**'" ^°' ^ach five shillings division or section, uSless L T u " P^^^^rmed within his ^f*^" '"' ^''^ legal means in his 'pow^;!^^^^^^^ trecur' '^ has used all Sb^yXir to compel the performance^ of such wnrl-'"''-^"^ otherwise »«g'««=t. recourse of the Inspector against thpO ' '^'''"^ ^^^^3^^ the against the person w^ho was !S t^pe^rforrsu'ch 11 '"^ eaust''portls''TI^^^^^^^ P^^^J from time to time County super- statute labour, to serve as rnn^f f ^y the persons liable to L"'""''""* ^^7 roads or for ro'ads iX>'„^Xthtd '^^ ""'^^ '' '^^ '^ -5"»^ ing the .making of Roads thf Road Offi;. ^ "". superintend- « "models, govern themselves by such models af ?«? ^u ""9^'^ «hall a^dposltlonofsuchRLdsandrh:^ci^V^^^^^^^^^^^ s A. Whenever any road work which ou<.ht f« k . -cerials which ought to be fnmi«LT °"^^* ^o be done or any by-road or bridge, fn L^ect oTat fev'^"' anyfrontroacf remaia unperformed or unfurnished afte^th^^ ^"^ P"''^"' ^'^^^ of such lot or 3uch person shilJ h! ^"""'the owner or occupant to perform or furnisKsate thaUbe ^7?^. ^« ^^^^^ fer of roads to cause such worJ L k i^ ^"""^^"^ ^""^ ^he Over-^ be furnished by some Xr pert^ ^dT "^ ^"^^ "^^'-ials to 7f work or materials froriSoCerorn'''"'""' '^^^ ^^'"« ^f 'Hault, with twenty per centTn «h2°!! ?.^«^^«Pant or person in .^ - „.,,.,,, tiicrciQ ana costs ol suit, M Orerseer may cause unper- formed Work to be done, and recover the costs from the proper party, with 20 per cent addi- tionol. m Cap. 100. Municipal and Road Act L. C. 18 Vict. Or the Inspec* tor may cause i( to be done hy 'he Muni- cipality which shall rt^cover the expenses nnii 20 percent additional. What shall be proof of the necessary facts in the fore- going cases. The 20 per cer t to be in lieu of penal' Xy. as a debt due to such Overseer, and in any way in which debts of like amount are recoverable, or such amount may be levied, as arrears of taxes due to the Municipality, in the manner herein- after provided, and paid to such Overseer by the Secretary- Treasurer : 2. Or, the Overseer of roads may report to the Inspector of roads of his division that any such work remains unperformed or any such materials unfurnished, and that the person wiio ought to perform or furnish the same has been by him required so to do, or that such person has no residence in the division ; and on such report the Inspector may, if he thinks proper, authorize such overseer to cause the work to be done or the materials to be furnished by some person or persons to be employed by him for that purpose, and the sum expended shall be recoverable by the Municipality from the person in default with twenty per cent in addition thereto, as a penalty for such default and costs ; and the sum actually expended shall be paid by the Secretary-Trea- surer of the Municipality to the order of the Inspector, out of any moneys in his hands applicable to road purposes, or to the general purposes of the Municipality ; 3. The affidavit of the Overseer sworn before a Justice of the Peace that the formalities of the law were complied with, and that the work was done or the materials furnisheil, that the sum charged is the true value thereof, and that the defendant is the person liable for the same by law, and the certificate of the Inspector that to the best of his knowledge and belief the facts stated in such affidavit are true, shall be primd facie evidence of such facts, and if not controverted, shall be sufficient to maintain the claim and demand of the Municipality or of such Overseer ; 4. In either of the cases last above mentioned, the person in default shall not be liable to a penalty, but the twenty per cent above mentioned shall stand in stead thereof. Occupant of LXI. The actual occupant of any lot shall always be liable for '*"h ■h''*^^ ^°^ ^^^ work or contribution assign<*d to such lot, and for one year's iind one%ear''8 ^JT^ars thereof, saving his recourse (if any) against any arrears thereof, previous occupant, or against the owner of the lot, or any other party ; and if any lot be divided after the making of the Proces- Verbal, or there be from any other cause more than one occupant thereof, they shall be jointly and severally liable, saving to each his recourse against the others ; Liability for 2. All persons shall be liable for all damages arising from damages for the non-performance of work they are bound to perform, and if ance^o7'work ^^^ persons are jointly and severally bound, they shall be jointly ' and severally liable. LXll. 1855. Municipal and Road Act L. C. Cap Ido remammg unperformed and unSerfd nh"' ^"^ "materials P h- K f.' ^^"^aining unpaid, sSvTn,^! ",^'V^9'^°"' «"d o*" which the .ame are due, the owne« ^"1.. ^""'^ i" '^«P««t of if known, and the value in monPv!fu"P^"^^«^«"ch lands at the place where they oiXohL/ Z^ i"f.'"^'^^« delivered sons in defauit. And it sh«Il h T ^^" delivered by the per- sue for and recover the sate from !h.^"'^ "^ ''''' Inspecto^To '- any goods or ch-e, wH^^p^i^^^^^^^^^ ^ s^isr ^dX tf ^^^^-^^ ^i"s intersections of roadlj'S tii^^^.tfnT •" '^ ^^* "P ^^^ purposes shall be paid by the SecZ "T '"^""^^ ^"^' ^^o^^ Municipalities respectively in whirh^'T'^^'."''" ^^ the Local posts, or guide-po^ts shaTbeseTtn on^tt^^i^^-^^^^ °^ ^^ Superintendent, and out of ««!/ P' *"« order of the Countv Se^etary-Ti^aJurerapplcabl^t^raZT ^" *'^ ^^"^« «""»!« purposes of the Municipality 7 "* P^T^oses or to the general off/fs:>lu^r^asX^^^^^^^^ ^^e authority Roads to procure a snow pJough a roiw'nnr'* -^"^^ ^n^pector of scraper, or either, to be used on ,hi ^^'^.^^ ^'"^^ orsteel »hod to be carefully kept by such ^1^7^: ^^l ^is division, a^ ojr to his successor in otfice for the iTkl r I ^^ ^'"^ '^^"^^^ the same are so procured thp i«l Purposes ; and when Overseer of Roads in h7s 'div Lion T ^ '^'^" ^^'"mand^ach plough, roller or scraper af the eToe^l 7.^17°'''^ ««^h ««ow shall command every ^K4lOvpri^^^^^^ °^^^^^ Municipality, and to perform road wofk in L sec bn' o n ^'^^^^^^ P^^^°«« ^iund plough roller or scraper (vvhenne^"!^^^^ and work such snow are so bound to perforn^^ : Tnd the cos^^.^/^^'.! ^^' "^^'^ '^^^ rollers and scrapers and of nL , ""^^"^"^ snow ploughs so used and work;d at thf ereL^ol-r'^ii"^^^^ «^«^«. "S all necessary repairs thereto P^harf/^T^^P^'^'y'^ Treasurer of the Municipa V on th^ ^^'f ''^ J^" Secretaiy- -Pennteiident,asprovid^,iVe"net^c^^^^^^^^^^^^ any cIt&p4T^^^^^^ under the authority of man, whenever he shall deem it nl^' ^^^'n^er or Draughts- f any of the powerfvt ed inlTrb? /^P A^ '"^ ^^^^^^^^^ «lie sum paid to such Survevoi for M«^ ^""^^ ^"^ ^'^^^ge expenses lawfully incurred bvhin • ^^'^ices, as part of the and to any ProcL fX7 or ^tt'"' ,^" executing such powe Pendent, plans or drawingrmay be f *^^ ^'°""ty Superir.: as part thereof, when !ie sh^allXL'^ 1"?:^_^.^ «?^ '^^erJed to -u.rscanuiuif of such Proc^s-Verbaior^ciT'"'^ '"' ^"'^ P'^^P^' 4. 67 Overseer to report arrears, and Inspector to sue for the same. Mue posts and guide posts 'nay be set up : expenses how paid. Inspectors may be re- quired to pro- cure snow plough, rollers and scrapers ; iiow the same shall be used. How the cost shall be paid. County Supei-. 'ntendent may employ a Sur- veyor, Engi. neer or Draughtsman, 68 Foot 9f*- 100. Municipal and Road Act L. C. 18 Vict. ^'|j? 4. The County Superintendent may in his Prods- Verbal ed°or allowed' direct or allow a footpath to be made in any place where in his and also the ' judgment it shall be necessary or allowable, and where any l'|*"^."'8'^*"' such footpath shall be made, the Road Inspector may permit trees to be planted thereon by the owners of the adjoining lands on such conditions as he may think proper, subject always to any direction he may receive in this behalf from the County Superintendent. EXECUTION OF COUNTY WORKS. Proceedings •where the ■work is to be done by the job or con- tract. Public com* petition. LXIV. When the work to be performed is the construction or partial reconstruction of a bridge or the opening or widen- ing of a road, concerning the inhabitants, or any number of the inhabitants of more than one County Municipality, or of one or more Local Municipalities in two or more County Municipalities, if the said work is to be undertaken by the job, by agreement or contract, for a price in money or partly for money, and partly by means of materials and days' labour, to be contributed by the assessable inhabitants, it shall be the duty of the County Superintendent who shall have drawn up the Precis- Verbal of such work, to submit such work to public competition : Advertisement 2. For the purpose of obtaining tenders, the said County Su- for tenders, perintendent shall give public notice, specifying clearly the work to be so given out, and the day on or until which tenders for the performance thereof will be received by him ; and the said County Superintendent may, in cases in which he shall deem it expedient so to do, insert such notice in one or more newspapers published in the said County or the District in which it is situated, or if there is no newspaper published therein, in an adjoining County or District ; Work to be 3, The contract for the said work shall be adjudged to the the^imfst fa- person who shall tender for the lowest price and on the most vorable bidder favorable terms, provided he fulfil the conditions and give the giving secu- security required lor the execution thereof ; 4. Every contract or agreement relative to any such work shall be entered into, or considered as having been entered into with the said County Superintendent, in his name and capacity ; it may be accepted by the said County Superintendent or in his name by the Mayor, or by any Road Inspector of a Local Municipality interested in the said work, being thereunto specially authorized by the County Superintendent ; and every such contract or agreement shall be binding on each Munici- Enforcing the pality interested ; and every such Municipality may sue in its — » — . Q^^ name, to enforce the performance thereof in any Court of <>Oryinof«;nt iurisdlctlon. in case the said County SnnermtpnH^nt *^ ' ' ' . •^ fail In whose name the contract •hall be made. contract. B or more J8SS. Mnntciiml and Road Act L. C. Cap. 100. M LtolbTe.te'"bm"i'l'h'S'^ S'?^''y ■"■'"««'i'l within a .0 bring any ?„oh ac.tonTn,iH?!''='P* "y .'ha" be aulhoSod notice |iven\y the cZouSono^JrfT f «««"" "ay.' requiring him to bring such acUon t x^"? Superintendent the event „( hie nVfSing W,tntrS,V°''' "^ '""''" '" »pe J^^f ',:i^ni,^e ffis:?'^^^^^^^ worli is to be execnted to snnerint~rf .^T'^li" *'""'' "le said •"p..i«.„d and every such Inspector'X" all '^ntinXJj''"^' ' "'^''Sr purpose as he shall receive verbally or in writin^T "" ""l""""""""* County Superintendent • anrt for .™L . r anting from such do, evety sueh Jnspee"« shall i^cmT SSv'f?'*^''"' '» '" currency; ^ "°"^ ^ P®°a"y of two pounds menti!;rg'?h?°d^';i?rfK"ir^-v»^^^^^^^^^ an instrument under his hnnH if Ju '^ ., ^^^ interested, by »ntendent to the performance^oTt^S^L^^^^^^^^^^ fo^ j;t„r„Tor of the said contribution to be borne bv ea^h T 1^ ^, Pfoportion the cost, or by such of the inhabitants th^n7a u ^^ Municipality, same, either in monTTltJ^T a >T. ^"^""^ *« ^^ tho serve'a certified ?opy{ie^Tofth.r^'^*^"'' ^"^ ^« «»»«il every other CountyTtSed « nH ?Tl ?"P«"°tendent of thereof in the office of Ziu' ^."? ''f^*^^^^ also deposit a copy Municipality interested. " ^^^'^P'^ ^°"^^^» ^^ ^^^^ LoTal VALUATORS AND VALUATION anditUl^se^sir'^operty't Z T'f^ °'.''» "■« -»' which they have been ^aSjJ,u- ^^"^ Municipality for date of the^r appol^taenf °ne WiZ in ' T "'■T'^ '"'■'« «■« ™lue of the hWrS'd SrKi^^t ""^ ^^"*«'"' "■= Prapeny; a majority of the said VaS,^ "'*'"'"' ™ ^eh plete the said viuationno^UhstSnlh T^ make or com- Valuator; and such valSft^ay t ^mtl'S^ f *^ »'''" or at several times, the proceedini^, ih.? . ^ ' *' ""e t me signed or attested by thrTalUatofs who „r.? T"'^ ^^ thereat : Provided, that when Sy 'lot J^^„S •t''™. «^rf«'eS lessee shall be situated partlv wiihin^K- ■^? '*°»n' of Corporation and partly w?tl2aryvm*: ''"p! ';^.*?? ^''^ pahty, the capital of the rent received hv^t ^"'* Munici- Municipality Valuation of property fo be made by the Valuators; Or a majority of them ; and how. Proviso : as to lots being partly in one Municipality and partly in another. 70 They may require assist* nnce of the Secretary- Treasurer of Miinicipaliiy, or employ a Clerk. Valuation' Roll to be made; [Form E E.] And recorded. What it shall contain. Its effect and use, S\ibject to amendment. Railway Com- panies to trans- mit annual statements of value of their real property to Secretary- Treasurer of Municipaly amount at which they are' to be •asussed. ■Sen Cap. 100. Municipal and Road Act L. C. 18 Vic». Municipality in proportion to the extent of ground lying in their respective limits, notwithstanding any of the provisions of thin Act to the contrary : 2. In making the said valuation, the Valuators may require the services of the Secretary-Treasurer of the Council, or employ any clerk whom they may think proper to appoint ; and every clerk so employed shall be entitled to receive for his services, on the certificate of two of the Valuators, a sum not exceeding five shillings currency for svery day during which he shall have been necessarily employed, and such remuneration shall be paid out of the general fund of the Local Municipality ; -8. A Valuation-Roll:, setting forth such valuation, shall be drawn up and signed by the said Valuators, or by such of them as shall have assisted in making the valuation, and shall be by them delivered to the Mayor of the Municipality within eight days from the making thereof, and every such Valuation-Roll shall remain of record in the office of the Council of such Muni- cipality. The Valuators shall specify in the Valuation-Roll, not only the names and designation of all owners or occupants of real or other assessable property, but also the names and designation of all persons not being owners or occupants of real property who are liable to statute labor under the provisions of this Act ; and the said valuation shall, so soon as the Valuation- Roll is delivered to the Mayor, be binding on all parties con- cerned, and be considered as the basis of any apportionment, assessment or collection which may from time to time be made, of any sum or sums to be levied, or of the quantity and kind of materials to be furnished, or of the number of days' work to be performed in the Municipality, under this Act ; subject however to such amendments as may be made thereto in the manner hereinafter provided ; 4. Every Railway Company shall annually transmit to the Secretary-Treasurer of every local Municipality in which any part of the road or other real property of such Company is situate, a statement describing the value of all the real pro- perty of the Company other than the roadway, and also the actual value of the land occupied by the road in such local Municipality, according to the average value of land in the locality, and the Secretary-Treasurer shall communicate the same to the Valuators ; and the said Valuators shall enter the same in their Valuation-Roll ; and the said Secretary-Treasu- rer shall immediately after the deposit of the said Valuation- Roll deliver at or transmit by post to any station or office of the Company, a notice of the total amount at which the Valuators hfive assessed the real property of the Company in their Muni- cipality, distinguishing the value of the land occupied by the road, and the value of all other real property of the Company within the Municipality. V/' • LXV/. Municipal and Road Act L. C. Cap. 100. manner 1863. __ to the Mayor within two m^mh. f .u ''. ""' y"lu'.i'"n-Roll .«PI»ini v.ia.. yten, i. l^^^ ::^VrCr^\tl^^^.-?^J^^^^^^^^ 'Z.» Local Council to inform the Governs. kW^*! j^ "* the not made CISC ine same powers and authontv, perform the samP Hnt:! o"«ht to have Such Valua> tion to be made at the cost of the Valuators in default. Taxing such cost. accordingly be made to each of the alS 'Jhree^? TvT ^^"" for each and every day durjL u hlh i» k f. u ^^^ Valuators, making the said valStfon fhe amSunt of^^^^^^ T?'^'^ ^" shall be determined and taxed LZm "^ u^'"^ allowance to that effect, stating the Imonm^nJ .h ^''^^'' 7^°'^ Certificate deemed an autherc document • *''' '"'^ allowance, shall be 4. Each Valuator so appointed by the Governor «hon u right of action in any Court of comoLminr^I^Pr' ^^'*". ^^ve a Recovery of Valuators who shall have faiLTto r^aki"' tJ ^ ^^ ■'''"' '^^ '"' "^'•• transmit the Valuation-Roll as afo^S io^L S^^''^'' ^,"^ i/proportion .o .'h: all^JrreVfCTp™Sv''fo;T^ ^»^SU" ^hare of any apportionment or assessment a.XS '^jtu '" "'"■ of Lt'a.;':rn;" b^r J*5aV,Mab^iTTJ"'"'"y °' kind frt;;;Vrof^^Jr^Vnr:'lih'?"'°^'"^^ special charge on .he .^r "pl-p^T rsld" wt.^h't',.''^ » require to be registered in any ReJui^ nffl *''"«J,?''«" not ihe registorinc of nriv I»1Y /T^ 9^'^^ established for neverth^eless f prlfS^^oyerall'Xfo^h' ""'' ^''*" ''^™' debts dne to .h.r-^,,.-., "^"^ charges, execDlinir Lxvni. Assessments trt he a special and preferable charge on the property, not requiring re« gistration; v^ .«^'#' IMAGE EVALUATION TEST TARGET (MT-3) ^ 1.0 I.I 1^ 11-25 III 1.4 j.6 -i ^m /. -» /i V rfl X Uj« rilUl«Jgl"dpJ.IJiU SdencBs Corporation 23WISTMAn nTRUT WIBSTIR.N.Y. USM (#.;) 871-4503 %\^^ I 72 Cap; 100. Municipal and Road Act L. C. 18 Vict. Council may revise and amend the Valuation- Roll. How such amendments may be made. LXVIII. The Council of the Local Municipality in respect of which such Valuation-Roll was made, may at any time within thirty days next after the day on which it was delivered to the Mayor, amend the valuation therein made in the cases herein- after me^Upne^^ a|^d in the inai^^^^ hereinafter provided : SJ. if ttie Council be of opinion that the valuation of any real property has been made under its true value so as to prejudice the owners of other property, or above its value so as to preju- dice the owner thereof, then it shall be lawful for the said Council to amend the said Valuation- Roll by fixing such sum as they shall think just and reasonable, as the value of such Entry therpof. property ; all such amenc'raents shall be entered upon the said Valuation-Roll or on a paper annexed thereto ; the date thereof shall be mentioned and they shall be certified by the Secretary- Treasurer of the Council, and every such Valuation-Roll so amended^ shall Continue to be binding to all intents and purposes, but only as amended, and as such, only from the date of the Certificate of the said amendments ; To be binding as amended. Noticf to be given beiore revision. 3. Before any Council proceeds to the examination or revi- sion of any such Valuation-Roll, the Secretary-Treasurer of such Council shall give public notice, to the inhabitants of the [Form F F.] Local Municipality, of the day on which the Council will com- mence such examination or revision ; To be open to 4. The Secretary-Treasurer shall at all reasonable hours of mspection. i]^q "' ""dto A„^ addiUonal value, reckon^. Ly fSn rf a"?"*"? P?""'<'» <" ''""""'°°- as a hundred poinds ; ^ ^ ""^ " hundred pounds be liable^J one'd^y'sTabotr " '^'~"' '■■«" S^li:^ «1 S'li^bkt'slamtltffi;:^?^!^'^;^^^^^^^ '"V- ^"^■ '":c?£sWe"di°^"""^^^^^^^^^^^^^ £"« •■"-■ oMriLttog^trifdeZi." i'„: z:r?h "■"" "^"^"^ "^»^''' in the divisionl's the ove;S shllUhtrfj^-n*'" t"^^^ &4 ""^ »-- i^^rsons as shall in the opinion of such cSutity 's';;;;;^-^^,'; InspiBcttff 74 Cap. 100. Municipal and Road Act L. C. ■»'' 18 Vior. Comm'itation for stf.tute labour. When to be paid. Inspector or Overseer, have more than their proportionate share of work to perform in making and maintaining the front road on their lots, by reason of some difficulty arising out of the nature of the ground or other circumstances of such front road, or at such other places as in his discretion he shall think proper, or as may be determined by any Prods- Verbal^ By-law or Order ; 5. The commutation money for statute or joint labour shall be four shillings currency for each day, and any person may commute his statute labour at that rate instead of performing the same ; but the commutation money shall be paid before the time at which the person commuting shall have been notified by the overseer to perform such labour, otherwise the penalty shall be payable instead of the commutation money, if the labour be not performed according to the notice. PROPERTIES AND PERSONS EXEMPTED FROM ASSESSMENT. ' '•"'^ '■'^' '■ ' Public pro- LXXII. All public buildings intended for the use of the Civil perty, «"" pro- Government, for military purposes, for the purposes of education publTc"'pur-*"^ or religious worship, all parsonage houses, burying grounds, poses. charitable institutions, and hospitals duly incorporated and the lands upon which such buildings are erected, shall be exempt from rll assessments or rates iraposable under this Act : Indigent per- sons. 2. All persons who, by reason of their poverty or the scantiness of their means, shall, in any year, by a By-law of the Munici- pality in which they reside, be declared exempt from the payment of the said assessments or rates imposed during and for the said year, shall be thereby exempted from the payment thereof. COLLECTION OF ASSESSMENTS.— DUTIES OF SE- CRETARY-TREASURER AND OTHER OFFICERS IN RELATION THERETO. Assessments LXXIII. All assessments imposed under this Act shall be *" h* 'l!^*^'* d"6 and payable not only by the owner of the property upon owne^r o/oc- which they shall be imposed, but also by the possessor or occu* cupant. pant of the said property as owner, and by the tenant or lessee of such property, but the payment in full of any such assessment by any such person shall discharge all others cohcemed : Recourse of 2. In the event of the payment or contribution of any assess- occupant pay- ment by the tenant or lessee of any such property, he shall have owne^"'** a right of personal action against the owner of the property assessed, or the lessor, holder or occupier of the same as owner, ''^' ' as aforesaid, for the recovery, with interest and costs of the amount of such assessment, or of the price or value thereof, pbid or obnuibuted by him ; Secretary- Treasurers to be Collectors in their locali- ties of assess- ments, and penalties. Inspectors may be sued for accounts, &c. Judsrment in idffnK ca ci suca cases. 1855., 8 J Municipal md Read Act L. 0. Cap. 100. 3. In such case, such tenant ahaii k„ r n without any for^alily wha.a™ve° inlXtuLT'"°^'^' "'k"""" of .he Mumcpality upon «,e v,o^^yll\^^Cf ''""''*^' SiS^I." 4. It is nevertheless herebv df'o\ar^A ^k^* u assessments shall be iniposed in labour n " ^^^ said A. to assess- year's arrears thereof shafi be recoverable: '"'''" *^^* ^"^ "dlH^iiK!' LXXIV. The Secretary-Treasurer of thp r'^^^'p/"^> '"f^ '^ be the Collector of all the asses^mpntl • ^°^^^ ^^^ncJl shall limits of each Local MuniciDXvn^H? 'JT'''''^^ ^^*^»« the under this Act, exce^Tan'/ti^fn 11^''''^^^^^^^ ments or penalties are reouired tn yl n . ^^^^ ^^'s^ss- ofcrori^anypthe/S^n ^^.^'f'""""'^^ ^^ ^^^ «ther ,'■4 ^--^ iwiiU' 2. Every such Secretarv-Trpn on ro,. « -;: od iir<,.'. may be sued by the Sr i^tZ '^ ' ^?T"^^"t Collector pality, or by the CortrSuDerintenTL'' • '''t ''^"^^ County Municipality, be^reaCStnJ '" '^' "«"^" ^^^ ^^e tion tocomperhim^to render^ account TtC'"' J""^^^^' levied by him ; and the said SecretarySsuLi «^^ such suit be condemned to pay to xLmT^I^ f-,^^ '^ ®^^'y the amount of the assessm^nf^ ?J ^^"^icipality interested value of the assessment ^ma^^ials^r/' f^f'^'' ^''^^ ^^^ unless he shew to the satisfiPtinn I? ll ^ ^^^ ^ ^'''^^ then due diligence having btrj^trSm t r?c^^^ sessments; and if he renderan aonnfn/ r u"^ ^^^ s»*^ as- shall be condemned to parsuchsum as hr^^ ^ or as shall be declared to be fnh^ k 5^ ^^^^^ acknowledge sums as he ought to have received 'or 3 r"^ '"^^ ^"'^^' he ought to be held accounSbirfn; f ^^"^ S?"""^ "^^^ think cient Siligence on his ^^S L ^^^^^^^^ P-f of suffi- ment pronounced in every such a^fon t£ l. • ?^ ^ every judg- twelve per cent on the 7mom?t f^ / ?" '"''^^"^^ ^"^erest It together with coS of Li^^ and in !ri ^^ ^^3^ of damages, m o( the Cpllectron-Roil Ae dSoT h'a« ?' 'n^^'^^^^^ ^^^^--• and purposes be primd facie ^viZlT * - ^? ^^^ ^"^ents cretary-Treasurer: -^ ^^'^''^^''^ ^^^"«t the said Se- the general Collection-Roll for ,Yp ^f ^^ ^f." '"^^'^ «"* down therein the name of earhn- ^^"'^'^Vality, and set appears on the Vduation-Rofl ?hf ,^''^f^^> ^^ose name of each such person as^np. 5 ii i • ""^^"^ °^ *^« real property the amount of^SarnX^^^^^^^^ ^l^ Valuation-R*oll,^n5 able ; and he ^S^^lSSl l^Z^tZt^"^^ '' ^^«^««- ments, pay?tble by such r>Pr«nn „«^ set down the various assess- and the tolal amoum witS whioh ' T ^^'^^^ °' otherwise, K^o &- aS W"" ^^^^^^^^ ■'Stj tn«gri>rr'; interest to be recovered at 12 per cent. Secretary- Treasurer to make general Collection- Roll. [Form G G.] Contents It shall ishew the atrount payable by each person. Proviso : as to year when a 76 Cap. loo. Municipal and Road Act L. C. 18 Vict. new Valuation May, the delay for completing the general Collection-Roll shall IS made. ^^ extended to a period of ffleen days next after the date of such final revision or homologation ; *93oq-i.' Special Col* lection-Rolls in certain cases. He shall forth- with collect the auess- ments due : and ill what manner. [Form Z.] Notice. Taxes to be levied by dis- tress if not paid in 30 days : and of what goods, [Form H H.] No claim to property al- lowed to pre- vent sale. Surplus of pro- ceeds under distress to be returned to owner. As to claim to the same by contending parties. Notice of sale. [Form 1 1.] Wlicu sums are to be raised for County pur- poses, Coun- cil to fix the 4. And whenever any special rate is imposed in the same year after the said fifteenth day of May, he shall make out a special Collection-Roll in the manner prescribed by the next preceding section ; 5. And upon completing his Collection-Roll, he shall pro- ceed to collect the assessments therein mentioned, and for that purpose shall leave at the usual place of residence or domicile of each person assessed, a statement in detail of the various sums and the total amount of assessments due by such person, and shall at the same time in and by a notice annexed to such statement demand payment of the assessments therein vam^ tioned; in nr 6. If any person neglect to pay the amount of assessments imposed upon him, for the space of thirty days after such demand made as aforesaid, the Secretary-Treasurer shall levy the same with costs, by seizure and sale by Warrant under the hand of the Mayor of the MunicipaUly of the goods and chattels of the person who ought to pay the same, or of any goods or chattels in his possession, wherever the same may be found within the local Municipality ; and no claim of property, or privilege thereon or thereto shall be available to prevent the sale thereof for the payment of the assessments and costs out of the proceeds thereof ; 7. If the goods and chattels seized be sold for more than the whole amount of assessments levied for, and the costs attending the seizure and sale, the surplus shall be returned to the person in whose possession such goods and chattels were when the seizme was made ; but if any claim for such surplus shall be previously made by any other person, by reason of any alleged right of pro- perty or privilege upon such surplus, and such claim be admitted by the person for whose assessments the seizure was made, such surplus shall be paid to such claimant ; and if such claim be contested, the surplus money shall be retained by the Secretary- Treasurer, until the respective rights of the parties be determined by a competent tribunal ; ► ...j;. ... 8. The Secretary-Treasurer shall give public notice of the day and place of the sale, and the name of the person whose goods and chattels are to be sold ; 9. In every case in which any sum is to be levied for County purposes, the County Council shall, by By-law, direct what portions of such sum shall be levied in each Local Municipality ; and it shall be the duty of the Secretary-Trea- surer ot the County Council, before thefirst day of May in each and 1855. Mum'ctpal and Road Act L. C. Cap. 100. 77 TTJC* "WW* ' and every year, to certify to the Secretarv t,.^ '>'! . be directed to be levied therein in Zt hi ^T'^'' ^'^^^ ^^^« ^^'n «o r'!^ '" «««h purposes ; and for the ^^dance of !» T^n""^ ^^^^ ^«^ bounty ""'"y; ^ Secretaiy^Treasurer of e^verv ?^^^^^^^^ County Council, the ^^^T '^K i.n.ediSely after the finlf^^^vS^L ofTj^^^^ &?oS^ ;^:«ncTa sr St s :i;: ts;^-~ ^^ property' and of all assessable Srlni^^"'^ value of all r^al Lt; Rolls as finally revised ; ^ ^^ P'^^P^^^^ appearing on [Form K the LX^t:s;t'oreS&^^ ^°--?-,- -h yea, pare a statement of all the assessment ^"°\<^\Pality, shall pre- Collection-Rolls for the twelve ^^^'^'"^'"^^ ^"^ °" '^^ the arrears due to the Munii^n "^ •T"*^^' ^^^^ ^^ all thereof including the amo^ntTf^fhl '^''^ '^^ P^rti««»ars ments pronouncid al^st anv of ?hn ^ t^u- "^"^^ ^'^ ^" J^^g- land, an'd other persol^wlTn^hl ^^^^^^^^^^^ «™'« «f tionsor penalties due or incurred ^^33' X.t^°^'°°'"^": statement he shall shew onnn^itT^^ u ^^ ^^^^ ^^ '*» snch sons why he could not^olCtfp t^'^V^^^'^*^ ^^^^' »^« '^^' « non resident'' or « L peSo^^^^^ '"'^"^°g *^« wo«l« may be, and a desiena^fon of the L^tl^^ to seize," as the case of which such asse^^Ss or oti- H^^^^^^^^ transmit a copy of sn^:Z7r:^'n ^^^^^^^^ t'o"tt' V'^" tary-Treasurer of the County ; certiiied, to the Secre- iKK.j Return of doings on Col* lection- Rolls to Secretary- Treasurer of County; pay- ing over mo- neys to him. Certain parti- citlars to be shewn in such return. 11. each year the Secretary And on, or before, the first day of December {« c ■Trpaonrar «f Tu 7, J-'ecember m Secretary- 1 reasurer of the County Council Treasurer of s; '..cs^ztj:^ ti'Xu' p--'- "ra — k« hJ\hn.. HW. 1,-°^1 .?°** «.¥^i cause to be inserted at ""' P"^' wiuiin me district or in tho »a:^- • ---'"r-h"-* i^uunsnea ^^ouce to bf none published XUfnotJ?'"'"!^ ^^'^^^^^^ if there be P'^»''i«»»«d,co liuuc puunsned therein, a notice in the Eno-Iiflh a*,^ v*Z f ta'ningcerta anguages, containing a list of all lots or nafcef. nl if 5 ^'*"*'*' P"^""'«'"- ively, on which any such as^eJmln*-^ parcels of land respect- paidVshewingopposite oraftPrT u °^^^/ ^""^^ remain un- the amount fo Kt^d for tlil H? "J^^ °' description thereof, or other dues, incluXAu costs «n^^^^ ^^'"^^ assessments no, ''liiuqiOTiiift/ ■"' '■ ■' If. T8 Sale: unless the taxes are paid, with costs and penalty. Return to Secretary- Treasurer of Cttunty. Cap. 100. Municipal and Road Act L. &. 18 Vicir. 12. Every such sale may take place either before or after suit for the recovery of the payment of the said assessments ; but it shall not take place if, at any time before the two days next preceding such sale, the person liable pay to the Secretary-Trea- surer of the Local Council the full amount due by him for such assessments, as well as for anv contributions or penalties Tni- posed upon him, together with his just proportion of the costs and expenses incurred for effecting the said sale, which i&aid share shall be fixed by the Secretary-Treasurer of th0 Local Council, whose duty it shall be to inform the Secretary-Trea- surer of the County Council of every payment so made after the transmission to the latter of the statement hereinbefore men- tioned ; .•>•«'=.«.,, i .■yvKi^i5>oc5 ^^S^ .^^r.Ai' ..I ,t «j.-< r> t p/ Notice to spe- cify place and time of sale, description oi land, Sk. 13. Every such notice shall specify the place, day and hdtJr at which such sale shall commence ; each lot or parcel of larid, if the same be situated in a township, shall be designated therein by its range and number, and it it be within the limits of a fief or seigniory by its metes and boundaries i ■ 14. All the lots thus for sale in the municipality may be included in the same statement and in the same notice ; One notice may include all lots. Secretary- 15- Every Secretnry-Treasurer of a Local Council may, onder Treasurer of the authority of such Council, and at the expense ol the Muni- locality may cipality, employ one or more persons to assist him as Collector Ste?^ " """ of assessments and of other debts due to the Municipality, but he shall be responsible for the acts and omissions of all persons so employed. ^^ SALES OF PROPERTY. Sales to be by LXXV, All lands, goods and chattels to be sold under the public auction, authority of this Act for the payment of taxes or othelr dues, shall be offered to public competition ; but such laniis, gOods No duty, Ac. ^^ chattels so publicly sold, shall be exempt from auction duty, and shall not be required to be sold by a licensed auctioneer ; 2. At the place, day and hour appointed for the sale of lands, the Secretary-Treasurer of the County Council shall make kno^vii the amount of the sum to be raised as aforesaid upon each such property, to which amount he shall add the just proportion of tWe costs and expenses to be borne by each such property ; the person who shall then and there offer to pay to such Secretary-Treasuf^r the amount of the said sum thus to be raised, toother with costs and expenses for the smallest part, quantity or portion Of the said property, shall be considered the purchaser, and stich said part, quantity or portion of the said property shall be adjudged to him by the Secretary-Treasurer, who shall sell such portion of the property as shall appear to him best for the interest of the proprietor thereof ; Mode of Sale. In Sales of real property, so much only to be sold as will pay tax. ;s andcoa^s. What part shall be sold first. 18 VicT. ■ 1855. Municipal and Road Act L, C. Cop. 100. aajourn me sale to anv Aav nk* ^ .L v ^^^t^aourer snaii cna«er m\ by^ giving „i. ~^p47„,\^sr„f 'i:taS5 f r'- 2' ^^ sale, and sliall sell the samPn^ ^ P lie said property for of assessment, and charges dieXreon f *'"°""' lake possession of sWh lot or pareel ofta^d ; '" "'"" ""^ 5. If within twelve calpnHm- «n^»4u e , '"* sale, the original pZlrlei^rtuhTH^^^^^ '^"^ ''""l **^ ''"^^ «"- -•^^ pay to the Secretarv-Treasurpr thl o "/ P^® ^'^ ^^^^ *»ehalf. redeem wiAi„ Sv^nty per cent inZljSZ'it 7ZT Z,e 'T^V^'' ^ --^' chaspr thereof, his herrrasliin ""^ ^^'"and pay to the purl so Jceived by' him, aJjer dXl?nf rT'^'^"^^' *^^ «"»°^«t per cent as his own fees and th! ^'S^'" '"^^ ^''^ ^ ^^^^ purchaser in such Ld sh«n ti! 'J^^'i ^^^'^^^ ^X ««ch v krmine ,,,,:" 1^^:!/^^" thenceforth wholly ce/se and tim;of:lihVd|uTcaUon'^^^^^^^^^^ ^^^1"^.^' -°"^hs from the iftheUndbe as aforesaid, thin ^^Se^'^r'^l^^^^^^^^^ SJid-JSt' L^atrtiV^^^^^ meantime, have 5600^^ Su« th ''"'?'?,^'^^^*' '"^X' i" the «''«'«''• sale in du^ form of Taw co„vev?n7°"'.j'''" "^^""'^ ^ ^^^d of Municipality, the p oLty J^^f ^-^^' "^"^^ ""^ '^^ "^^""'^ heirs,a88ignsorIeeajX.lL!?„?*J"'^S^^'',^<' «««*» purchaser, his be a legalU veyf n ^K f^^^^^^^^ «"«[; « had PENALTIES. 90 Cap. 100. Municipal and Road Aci L. C. PENALTIES. 18 Vict, Penalty on LXXVI. Every person who being elected or appointed to person* elect- any of the Offices mentioned in the following List, shall refuse ^tiro^«and or neglect to accept of such Office, or to perform the duties of not uecepting. such Office during any portion of the period for which he was 80 elected or appointed, shall incur the penalty mentioned in such List opposite the name or designation of such Office, that is to say : The Office of Warden of a County, ten pounds currency ; The Office of Mayor of a Local Municipality, seven pounds ten shillings currency ; The Office of Councillor of any Municipal Council, five pounds currency ; 2. Whenever the Valuators of a Local Municipality neglect to make the valuation which they are required to make under this Act, or neglect to draw up, sign and deliver the Valuation- Roll containing such valuation to the Secretary-Treasurer of the Local Council, within two months from the date of their appointment, every such Valuator shall incur a penalty of ten shillings currency, for each day which shall elapse between the expiration of the said period of two months, and the day ppon which such Valuators' Roll shall be so delivered, or upon which their Successors in Office shall be appointed ; S"aJy*Cou" 3. Every Member of any Municipal Council, every Officer cil, Justices of appointed by such Council, every Justice of the Peace, and the Peace, &c. every other person who shall refuse or neglect to do any act, foimwy dEty or perform any duty required of, or imposed upon, him by this Act, shall incur a penalty not exceeding five pounds and not less than one pound currency ; On Valuators failing to per- form certain duties. On unqualified personsvoting. On Inspectors of roads fail- 4. Every person who shall vote at any Election of Municipal Councillors without having at the time of giving his vote at such election, the qualifications by law required to entitle him to vote at such election, shall thereby incur a penalty of five pounds currency ; 6. Every Inspector of roads who shall refuse or neglect to f)erform any duty assigned to him by this Act, or to obey any awful order of the County Superintendent, shall for each day -..J —V' ^^ which such offence shall be committed or shall continue, incur a penalty of one pound currency, unless some other and heavier penalty be by law imposed on him for such offence ; On Overseers 6. Every Overseer of roads who shall refuse or neglect to per- of roads fail- {qj^q any duty assigned to him by this Act, or to obey any law- M^dufy. ful order of the County Superintendent, or of the Inspector of Roads for his division, shall for each day on which such offence shall be committed or shall continue, incur a penalty of one peiind 1855. Municipal and Road Act L. C. Cap. 100. ^^ pound currency, unless some othi^r and heavier penalty be bv law imposed on him for such offence ; / "^ uy 7. Every person who shall hinder or prevent or attPmnt ♦,. n„ ^ hinderor prevent any Municipal Officer i£ the exercise o7any ^^^^^'^ of the povvera or m the performance of any of the duties con- •^*'='"">n«rf .^ ferred or imposed upon him by this Act, shall incur a penahv ^'•* '' of five pounds currency lor every such offence, over and alxive any damages which he may be liable to pay ; 8. Everypersonwho8hallwilful)yteardown,injore or deface 0„ per.on. ^•^ A^ /f r™^"^', "°'^"'*'' °' '''^^' document, required b^^SffiyTear- this Act to be posted up at any public place fo^ the informa- "« ''T "°- t,on of persons interested shall incur a penalty of two pounds ' * currency for every such offbttce.*** ''"" '-^ 'ill lil *<&v/ ^ 'r RECOVERY OF PENALTIES, TAXES, &c. LXXVII All rates or assessments either in money, mate- rials or labour, and all penalties imposed by this Act or bv any By-law made by competent authority in virtue of this Act (except m cases where special provision to the contrary may l2 made ) shall be recoverable before any one of the Juices of the Peace m the Local Municipality where the person sued resides, other than the Chief fiffice'r of such MurcLmy and if there be no Justice of the Peace in such 1 on«l Municipality then before any.oneofthe Justices of the Peace in an adjacent Local Municipality ; and all the rates, assessments or taxes payable, and all the fines and penalties incurred bv anv one person may be included in the same suit : ^ 2 Every judgment rendered in any such suit shall be so rendered with costs and execution may issue thereon at the expiration of eight days from the date of such judgment ; 3. The Secretary-Treasurer of the Local Municipality in which such suit IS brought, shall be ex officio in every such sii t Clerk to the Justice of the Peace, and h shall beTis dty o keep m a fai hlul and correct manner, a separate Recister in which he shall enter the judgments of the Justices of th? Pelce laal such suits ; a^d thQ summons and every other proceeding relating to such suit shall remain of record in his ofc • ^ 4. On the day of the return of the summons, and at every other stage of the proceediiigs thereon, the Justice of the PeacJ ^ who shall have sig-ned the eummons shall have the r gbt to sTt m the case ,n prelerence to, and to the exclusion, of any other I Justice of the Peace present ; " 6. There shajl be an interval of at least three clear d4ys Taxes and pa- naltiesmay be recovered be- fore a Justice of the Peace. All dufi by one person may be tnrlutled ia one suit. Costs and exe- cution. Kecretary- Treasur«?r of FjocaliMuiiici- pHlitv to be Cleric of such Justice. Right of Jus- tice issuing summons to sit in prefer- ence to others* Delay between service and summons. 6 6. 89 Cupk 100. Municipal and Road Act L. C. 18 Vict. 6. Every such suit shall be deoided upon the oath of any Municipal Councillor, or of the County Superintendent, or of any Inspector or other Municipal Officer, or of any other credible witness j Cottik 7. Every person condemned in every such suit shall be liable to nay the same costs to which he would have teen condemned in a case brought for the recovery of an equal amount of money before a Court of civil jurisdiction ; Limltatiou of g. Every suit brought for the recovery of penalties under •ujt for i»«n»l- ^jj.^ ^pj gjj^ij ^ commenced within six months of the date on which such penalty shall have been Incurred ; and all MuStiiM!**" ^ penalties paid either before or after such suit as aforesaid shall ' oelong, one half to the Municipality with reference to which, or to the infraction of the By-laws of which, such suit is brought, and the other half to the prosecutor, unless such suit is insti- tuted by the order of any Municipal Council or bv anv of its Officers, in which case the whole of the penalty shall belong to such Municipality. By whom to bo adininu- tered. OATHS. LXXVIII. Any Oath required by this Act may be made before any Wardeii or Mayor, or Justice of the Peace : Pftrion "i^wi- 2. Any person before whom any Oath may be made under "•***'*?«* »o this Act, is empowered and required to administer such Oath, oHutovSg** without payment, whenever called upon to do so ; and to de- been uken. liver to the person taking the same a certificate thereof, and the person taking 9uch Oath shall, without delay, deliver such cer- tificate to th^ Secretary-Treasnrer of the Council in relation tb the afiatlr of which such Oath was made. LANGUAGE OF PUBLICATION. Governor m LXXlX. The Governor General may, by Order in Council, Sfo5 pnbiSf*. «"» 5 «nd «ny form sCl te sufficient for such purposes or any other under this Ac i{ according to the ordinary construction of the ang^a^ Ve purport and mtent thereof can be bon4/id€ understcTivS^' the words used ; and no unnecessary or irrelevant aZraUolSsor expressions, in any such form, shall affect the validitf herJo7 jf by passing them over as mere surplusage the remainderman be made to bear the sense required ; the mles of Construction embodied in the Interpretation Act, and in this Act, shall apZ as well to the forms here given an^ to any other such form ^i^ aforesaid, as to the allegalions, statementroXs or diSons therein contained ; and no objections of mere form or founded on tne omission of any formafity shall be allowed to prevaU In any action, smt or proceeding under this Act. unless XtantiS injustice would be done by not allowing such objection. Forma (n8rli« (luic to bt ■ulHciMit. Intcrprttstioa of intma uul pror«adings under this Act. M«r«|jr for- mal objections not to prevail it the tub. •tance be not affected. •■I '^« ..r' fc • ♦ m Cap. 100. Mufticipal and Road Jet L. C. I8V1CT. SCHEDULE OF FOEMS. (A.) HOTICX OF PUBLIC MEETING FOR THE ELECTION OF LOCAL COUNCILLORS. To the Municipal Electors of the (Township, Parish, &c., here insert name of Municipality.) Sect, jxrii Public Notice is hereby given that a Public Meeting of the P*""' *• Inhabitants of the Local Municipality of the (Parish, Town- ship, &c., Aere insert name of Municipaltiy) qvia}i&.ed to vote for Municipal Councillors, will be held at {here describe the Place^ Public Room, House, t^c.,) in the said Mianicipality, on day, the day of instant, at of th£ ^lock in the noon, for the purpose of then and there electing seven Councillors for the said Municipality, pursuant (o the pro- visions of " The Lower Canada Municipal and Road Act, 1865." Dated at this thousand ?'ght hundred and day of one A. B. Registrar, Deputy Registrar {or Warden) of the County of , or of the Registration Division Number of the County of , as the cese may be.) (A 2.) on tlie t,lie ' ^■wWj. 1 or , &c., here ng of the sh. Town- id to vote {here the said ock in the :e electing (o the pro- load Act, one fi 1855. Municipality and Road Act L, C. Cap. 100. 85 (A2.) NOTICE OF PtTBLTC MEETING FOR THE ELECTION OF COUNCII. LOHS, IN PLACE OF THOSE WHOSE ELECTION h/s BEEN DECLARED NULL AND VOID. I day of instant (or next) at ' of the clock in the noon, for the purpose of then and there electing Councillor for the sai^Municipality, in stead of (A B^ and C D. as the case may b.) whose election has bSn aeclared null ana void, pursuant to the provisions of « The w; Canada Municipal and Road Act, 1855." Dated at this thousand eight hundred and day of one A. B. Registrar (Deputy Registrar or Warden) of the County of , or of the Kegistration Division Number of the County of as tha case may be.) '^''^^ ' Warden) , or of the r as the cese (BO CERTIFICATE OF THE PUBLICATION OF A PUBLIC NOTICE TO BE ANNEXED TO OR ENDORSED ON THE ORIGINAL nSe do hereby certify and" ttrn'tC ^idVbth'^tr"^^^^^^^^^ ^• C^igmal Notice, by posting a true copy tLreof' on the^W ;, , {"<^^^ describe the Churchpv nr rhr,,^ ,/. (* las,) Ltween the &« of "'I °L '"""". and in thp ,.^ . . ^^^ on" the" ^"^'^"'^' "'^' ^^°^^ oi "iv»n« Service in the for^nn^n l,lie ' day of the forenoon last (o instant,) beijia^the Sui^day naxt foUowiSg tlhe day 86 Cap. 100. Municipal and Road Act L. C. 18 Vict. day on which the same was published by posting a copy thereof as aforesaid.) Dated at this one thousand eight hundred and day of Sworn before the undersigned, Warden of the Municipal Council ofthe County of {here insert name of County), or May or of the Municipal Council of the (Parish* Ice, here insert name of Munidjpalittf,) or one of Her Majesty's Justices of the JPeace for I /^e District of {here insert name of District, as the case may be). C. D. B. C. Sect, xzrii par. 2. (C.) •FECI A I. NOTICE TO THE PSRSOIT APPOINTED TO PftSflDE AT A PUBLIC MEETING FOR THE GENERAL ELECTION OF LOCAL MUNICIPAL COUNCILLORS. Office of the Municipal Council of the County of {or Registry Grace of the County of , as the tKise may be). {Place.) {Date.) 186 . Sir, Hereby take notice, that pursuant to the provisions of •* The Lower Canada Municipal and Road Act, 1856," in that behalf made, I have this day appointed you to preside at a Public Meeting of the Inhabitants of the Local Municipality of the (Parish, Township, &c., here insert name of Municipality^) to be held at in the said Municipality, on day, the day of instant, at of the clock in the noon, for the election of Municipal Councillors for the same ; And that T do hereby fix {here describe the house and place,) as the place at which, and day, the day of (instant or next,) as the day and hour on and at which the first Session of the Council of the said Municipality of shall be held. And I do hereby require you to make known the said place and time of such Session, to each ofthe persons who shall be elqcted Councillors as aforesaid. D. E. Warden (or Registrar or Deputy Registrar) of the County of , or ofthe Registration DlYlsion ?funiber 1865. Municipal and Road Act L. C. Cap. 100. » CEKTIFICATE TO BK ANNEXED TO OR ENDOB.B|, Q]r MVma.T SPECIAL NOTICE. I, A. B_^ residing at the (Parish, Township or Place her^ Sect ix insert restdence) being duly sworn on the Holy Ev^Selisr ^-'^ * 3. do hereby certify and return, that on ^ ^^W"St^, '^ ^ hire insert name of Mumctpaliiy,) or one of Her Mftjesty's Justices of the Peace for the District of {here insert name of District, as the ii f F. G. E. F. (E.) •PfcuL NOTICE TO ^KicwAi. cQUirG»t.i.ofi mwmMmo Mm »«. H» ELECTION 4ND O^ TH|: p^y pf ^f^^^mmS^. (Place.) (Date.) 8S Cap. fOO. Municipal and Road Act L. C. 18 Vict. Sessioi) of the said Council which will be held at {here describe place of first Meeting^) on day, the day of (instant or next,) at the hour of of the clock in the noon. To H. I. Municipal Councillor. G. H. President of the Election, Sect, xzviii par. 2. (F.) MOTICE FROM PRESIDENT OF ELECTION TO WARDEN OR REOI»« TRAR, WHEN AN ELECTION HAS TAKEN PLACE. Sir, {Place.) {Date.) 185 I hereby inform you that at the public Meeting of the Inha- bitants of the Municipality of the (Parish, Township, &c.,) of {here insert name of Municipahty^) held at on day, the day of ' (instant or last past) : Name. Residence. Occupation. A. B. C. D. E. F. G. H. J. K. Quebec, do. do. do. do. Carpenter, do. do. do. do. were elected Councillors for the said Municipality, (by accla- mation, they being the only candidates, if such be the case,) or they having the largest number of votes, as appears by the Poll Books, duly certified by me and herewith transmitted. I. J. President of Election. To J. K., Esquire, Warden or Registrar of the County of .c (G.) l855. Municipal and Road Act L, C, Cap. 100. Sir, (G.) APPOINTMENT OP A DEPUTY COUNTY SUPEKINTENDENT. Seel, xii {Name of place.) {Date.) 186 T'"*' I hereby nominate, constitute and aoDoint v«» ♦« u one of the) deputy County Superln^Tn f^^fofthe'co^^^ o J »>r .. ' P"'8«ant to the provisions of "Thlr^ Canada Municipal and Road Act, 1855." ^°'^^' To L. M. {Address.) K. L. County Superintendent for the County of Sect. x%i par. 4. (H.) .oxrc. or appointment or a bephty county supehintenbent. {Name of place.) {Date.) 186 Sir, Lotr^^afa'drMllSi^aTa^ of « The -^.y of a --luLn of ^^^^^^ Lperintendent(s)ff;\h:CouJrof '^'^'^ ^^^^^^^ ^^^'V To N. 0. Warden of the County M.N. County Superintendent for ehe County of J- BY-LAWS 90 Cap too. Municipal and Road Act L. C. 18 Vict. Seeti. zv k xix. Sects. XV. ' xxiii 8t zxiv. BY-LAW AND RESOLUTIONS. (I.) COUNTY COUNCIL DY-LAW. CorpOTation of the County of At a General Quarterly Sewion of the Municipal Council of the County of {here insert the name of County) * held at , in the said County, on day, the day of , in the year of Our Lord, one thousand eight hundred and , in conformity to the provisions of " The Lower Canada Municipal and Road Act, 1855," f at which Meeting are present, A. B., Mayor of the Corp:)ration of the {Parish^ &c.,) C. D., Mayor of the Corporation of {i^arish, &c.,) E. F., Mayor of the Corporation of {Parish^ &c.,) the said (three Mayors, w more^ as the case may be,) forming a quorum of the said Council, the said A. B. presiding (as Warden of the said Council, if such be the case,) J the said Council doth hereby ordain and make the following By-law, to wit : A BY-LAW. {Here give a heading to By-law concisely indicating tht purport of such By-law.) I. That, &c., &c. {Seal.) A. B. Warden (or Chairman, as the case may be.) Attested, C. D., Secretary-Treasurer of said Council. * {If it be a Special Meeting of the Council, the following head should be substituted) : At a Special Session of the Municipal Council of the County of {here insert the name of County), duly convened by Special Notice given to all the Members of the said Council by (the Warden of the said Council, or by A. B. and C. D., two Mem- bers of the said Council, as the case may be,) and, fitc. (J.) 1.0CAL COUNCIL BY-LAW. Corporation of the (Parish, Township, &c.,) of At a General Monthly Session of the Municipal Council of the (Parish, &c.,) {fiere insert the name of Municipality) * held in the said (Parish, &c.,) on day, the day of in the year of Our Lord, one thousand eight hundred and , in conformity to the provisions of " The Lower Canada Municipal and Road Act, 1866," f at _-l-l_U «# ♦;« ^^^^^^* AD r' r> IT IT" Urn (hiTti itlXtHft th itama of Ah^.CouimUara ^«s«^) ..Jdembeis <»Jte..^ 1863. Municipdl and Road Act L. C. Cap. 100. Council, and forming a quorum thereof, the said A. B. presiding (as Mayor, •/ such be the case,) J the said Council doth hereby ordam and make the following By-law, to wit : A BT-X.AW. {Here give a heading to By-law concisely indicaiinr the purport of such By-law.) ^ ^ I. That, &c., &c. (Seal.) ^ B^ Mayor (or Chairman, as the case mm be.) Attested, C. D., ' Secretary-Treasurer of said Council. *{IJ it be a Special Meeting of the Council, the following head should be substituted) : ' -^ © At a Special Se-ision of the Municipal Council of the (Parish &c.)o{ {here insert tJiename of Parish, &c..) duly convened by Special Notice given to all the Members of the said Council by (the Mayor of the said CouncU, or by A. B. and C. D., two Members of the said Council, as the case may be,) and, &c. t {If the Meeting of any Council be continued by adjournment add) : * And adjourned from the said day to day, the ^^l^[ , „ Jn the (said) year, («//«r/Aer od/oumerf), and thence unto, &c. '* PUBLICATION or A KiaOLUTlOW OF A MUNICIPAL COUNCIL. (Whmby any part of this Act a resolution of a Municipal Sect, xxxiii Council ts ordered to be published, the above heading of By-laws P"*** my be used in the public notice as far as % after which add It was resolved, and for the words " are present" substitu^ " were present.") dt NOTICE FOK SPECIAL MEETING OF A MUNICIPAL COVNCH. Office of the Municipal Council of the (County, Parish, &c,) g.j. {Place.) {Date.) 185 . ^ Hereby take notice that a Special Session of the Miinipm«l «.„♦ .:; uouneii oi the (County, Parish, •-- - -^ -— "r-: ->-.-» •'^ U*sA.. -fiay^tlM <.V'>^v>' the case may be,) will pw* wday.of ineitUnt n Sect, xii par. 9. Cap. 100. Municipal and Road Act L. C. 18 Vict. instant {or next), at the hour of of the clock, in the noon, at the u*sual placa of meeting. P. Q. Warden, or Mayor, or Members of the Municipal Council of the (County, Parish, &c.) To Q. R. ( M. ) NOTICE FOK AN ADJOURNED MEETING OF A MUNICIPAL COUNCIL TO BE SERVED ON MEMBERS ABSENT AT THE TIME Or ADJOURNMENT. Office of the Municipal Council of the (County, Parish, &c.) {Place.) {Date.) 185 . Sir, You are hereby notified that the Session of the Municipal Council of the (County, Parish, &c,,] stands adjourned from day, the day of instant, to day, the day of instant (or next), on which latter day the said Council will meet at the usual place and at the hour of of the clock, in the noon. Ix. S. To Q. R. Secretary-Treasurer of the Municipal Council of the (County, Parish, &c.) (N.) OATH OF OFFICE. Sect, xi par. 8. I, A. B., having been elected or appointed {as the case may be) Councillor, Mayor, or Warden of the Municipal Council of the (Counly, Parish, &c.) do sincerely and solemnly swear, that I will faithfully fulfil the duties of the said Office, according to the best of my judgment and ability. Sworn before the undersigned. Warden of the Municipal Council of the County of {here insert name of County)^ Mayor of the Municipal Council of the (Parish, &c., here insert name off S. T. Municipality^) or one of Her Majesty*s Justices of the Peace of the District of {here insert name of District^ as the case may be). T. U. (0.-) 1855. Municipal and Hood Act L. C Cap. 100. (O.) 8£CRETARy-TRlCA8URB»'« SXTRETY BOND, WHEN OIVKN UND.H private seal. Province of ) Canada. ) Know all men by these presents, that We A R /x and ia:upaUom of two SureliJsT^JZlZ T"""' ''''f/*'"" and firmly bou„/.o the Corp^^ifo" i° VoS^rS ^ 'l'^ the said Corporalion, fo7 whTc'h Davml^f ^1"* "S' '"? ""^ "^ (wme 0/ Secretan-Trenmrer .Y/II L, „ ; B (henttuert {d^P'ionofp^o,erT„7;;:inilau^^^^ separately the. name of each surPhi tLZ^n •!? H ^^^*^ *"*^'"^ fr^opity'„ouJ,Z.^^^^^^ hands, sealed with our respective seals, and dated at '^"™ thousand eight hnndrod and ' '" ""^ ^'" "' ""' ^'"^' »"« merl mmes of Witnesses,) the sub8cribing''whnesL ^'""" Treasurer of tie MunliTpal CoTnci/ rf TeTolv %^'T Township, Stc.) ; and wLreas in aLrdance ST Jk •' , ons of " The Lower Canada MunTci^al and R^ad A ot" 18^" name of Secretary.TVe"'^'^^' the said insert »«™'»^sLSX^ter) rfu'.^"'"'','' ""^ I Treasurer shall become liable in^iJr^SeThTs'ol^r'""^- F ne^d-d-rS 'tr'^^^^^^^^ [which he the «aid le!wl!L. !/^"^«'.^^* ^^'"^ «f money for I ^"'"^' ' "''""' -^J *^<^-recars-irounirer) as such '; , . Secretary-Treasurer OB H Clip. 100. Municipal and Road Act L. C 18 Vict. Secretary-Treasurer shall be accountable to the said Conpo- ration, including principal, interest and costs, as well as all penalties and damages to which he the said (irwer^ name of Secretary-lVeawrer) as such Secretary-Treasurer shall become liable in the exercise of his office, for and during the time the said (insert name of Secretary-Treasurer) shall contmue to hold the said office of Secretary-Treasurer, then this obligation to be void and of none cflect, otherwise to be and remain m lull force and virtue. A. B., Signature of Secretary-Treasurer. (Seal.j C. D., I Signatures ol (Seal.) E. F., S Sureties. C O H Witneises. {Names of Witwssses.) J j * jj* (S^al.) 8«ct. xiv par. 1. Sect. XXX par. 5. (P) SPECIAL MOTICB OF APPOINTMENT OF A MUNICIPAL OFFICER. Office of the Municipal Council of the (County, Parish, &c.,) °^ r * {Place.) {Date.) Sir, You are hereby notified, that at a Session of the Municipal Council of the (County, Parish, &c., a* the case may be,)o( held on the day of instant {or last past), you were, by a resolution of the said Council, duly appointed to the office oi {here insert name of office). ^ y Secretary-Treasurer «/tf.) Public Notice is hereby ffiven th«t ,•« « o.erto.e ^7^^- Ui^ Jl^lT^^^^^ Ik in the '"^^"^S^^n^rjir . «^'^e and described in the Son of pph ^•''' ■ Vl°.^ mentioned Municipality of the (PaSXrownsC^ '^^t^'^^'^ -' '^- pre^nted to the Municipal'CouncilTtht'aL^Ly of for the erection of ^he said trn/t"!!^/ ^T ^.^'* P*"*}* P^^^ W Village) Municipality and a if^ii.l '""f^ '°'°, ^ ^«^" (^ dilixlui of ^C7.1.aT: I'LPfi!^!" interested who may be -^ ,, ^ *«*»«„« i„ io^i peUU»u.i|,« jbeieby Sect, xxxiv par. 6. Cap. 100, Municipal and Rnad Act L. C. 18 Vmw. notified to present themselves then and there before me for that purpose. ^ ^ County Superintendent. (T.) PUBI.IC KOTICE TO BE GIVEN BV A COUNTY COUNCIL BEFORE THE HOMOLOGATION Ot A COUNTY SUPERINTENDENT'S REPORT IN RELATION TO THE ERECTION OF A TOWN OR VILLAGE. Office of the Municipal Council of the County of ,^ . [Date.) Public Notice is hereby given, that on day, the day of instant, {or next) at the hour of of the clock in the noon, the Municipal Council of the County of after having heard the County Superin- tendent and parties interested, will proceed to the examina- tion of the County Superintendent's report on the petition of certain Inhabitants of the Municipality of the (Parish, Town- ship, &c.,) of praying for the erection mto a separate Town {or Village) Municipality of a certain tract of land therein mentioned. V • U • Secretary-Treasurer of the Municipal Council of the County of Sect, xxvii par. 6. OATH TO BE ADMINISTERED TO SPECIAL CONSTABLES. I, A. B., do swear that I will well and truly serve our Sove- reign Lady the Queen in the office of Special Constable for the of , without favor or afllection, malice, or ill will ; and that I will to the best of my power cause the peace to be kept and preserved, and will prevent all offences against the persons and properties of K^-^ in virtue of any By-law made under Section XXIII^ par. S. Province of ) Canada. ) To all or any Constables and Peace Officers in the District of .he''M;ret\\Votclah:7p'rlK:'"^'''= l"" '"'^-l "^ ^'V"^ «j,*,) at'a (Genrrd'Crhiy) LtiIrorthe''saM-'co„trf ""' .he (Par,sh, Township, 8.c., Z'tke case «S„ t,) held a" "' ■ .u ' "!? day, the davof in the year of our Lord, one thousand eight hundred and ' Ab4 m Cap. 100. Municipal and Road Act L. GJt 18 Vior. And whereas certain person did lately, to wit : on the day of (instant or now last past,) hold {here state the nature of ■performance or exhibition^) and whereas A. B. being (the proprietor &c., as the case maybe,) {here insert the connection such person, may have with the performance or exhibition,) hath been required by the Secretary-Treasurer of the said Municipal Council to pay into his hands for and on behalf of the said Municipal Council, the sum of being the amount of duty imposed on ^very such (performunc«> or ex- hibition) under and in virtue of the said Law an I of the said By-law : Aud wh-.rcas the said A. B. hath neglected and re- fused to pay unto the said Secretary Treasurer, on his said de- mand, the said sum of so as aforesaid, lawfully imposed on the yaid (performance or exhibition). These >^re therefore to command you forthwith to make distress of the goods and chattels of the said A. B., and of all and every the goods and chettels appertaining to the said (performance or exhibition,) or of all or any of the persons connected with such (perform- ance or exhibition) ; and if within the space of days after the making of such dist^-ess, the said mentioned sum, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by you detained, and do pay the money arising from such sale unto the Secretary-Treasurer of the said Municipal Council, 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 such proceedings may be had therein, as to Law doth appertain. Given under my Hand and the Seal of the said Corporation, this day of , in the year of our Lord , at the District aforesaid. Y. X. m I Mayor of the said J Corporation. Sect, xxxri par. 1. (X.) SPECIAL NOTICE TO BE GIVEN TO ANY PERSON APPOINTED BY THE GOVERNOR GENERAL, AND TO THE SECRETARY-TREASURER OF THE Municipality in which such person has been ap- pointed. Office of the Registrar or of the Municipal Council of the County of {Place,) {Date.) Sir, — You are hereby notified that (you have) or (A. B. of , in &c. has) been appointed by the Governor General to the Office of in the Municipalily of the ^Countv. Parishj or Township, &c.) of (if it be ad- dressed to a Councillor, add) ' and that the first.(or next). '^r^j, " Session 1855. Municipal and Road Act L. C. Cap 100 Ihehourof ofJcLkofthe "'"^' (<«• next) a, "'^ noon. W. U. Registrar or Warden of To A. B., Warden, or ^^^ ^°^"*y o^ D. H. Secretary.Treasurer of the Municipal Council of (Y.) NOTICE TO PERFORM STATUTE LABOUR. Municipality of the (Parish, Township, &c., &c.,) of To Mr. {Date.) m of fhe clock xux\J „in°- '^•''^^^) ^* ''"• ^• and a hoe, (or a horse, ox wae^on ' p«.'"^'"?i?^'^*' ^^^^ ^" ^« harness,) fo/ the purpose if n^f"' • " °' ''**'^' ^^^^^^^^ and (A.r.rf.jirf*ero«d^Sj.e,|,Pf^°'"'^^ '*^'"^^ labour on the K. L. County Superintendent {or Inspec- tor or Overseer of Roads, a£tU case may be.) ■V^iiftrfc W^. 7» (Z.) 100 Cdp. 100. Municipal and Road Act L. C. 18 Vict. (Z.) skcbbtary-theasuher's notice for the payment of ASSESSMENT. Sect. Ixzir par. 5. VL (AA,; 1855. MunidpaLand Road Act L. C. Cap. IQO. 101 Sect, jdix par. 2. (A A.) PUBLIC .OTICK OK THK ^X.MIKATIO^ OF A^r PKOC^S-T^HBA^. TowX:VcO of "^^^^^^ ^°""^" o^ ^^« (Coun.,, Parish, (Place.) {Date.) and Road Act, 185V 'o„ d ' h ^""'"'P^ Council of .he (Cou^n^ pSf^vt's ^^ l"}' ""--^l} work, 4-0.) ■ '^^^^'''^^''^^^if'^^ S^ive the nature af the ^^Secretary-Treasurer of the Municipal CouncUof Ihe (County, ( B B. ) Special Notice of County SuPERmTENDENT &c ...^ „ ve^:d'I.X^otlori? i? me socum,.^. and Road Act, 1 855," on day f h Municipal C. F. County Superintendent (or other person, as the case my be.) (CC.) Public Notice of County Superintendent'. ixTavrinv . ^x^Mi^^ Roads in Local Municipality '^''''** D X.V X ^^'"''''•^ (^«'^-) Pubhc Notice is hereby given that on jay the may be), I shall vU the rParish Jr^'^'^V' ^"^' '^ ^^'^'««*« ?*'-'^" ofLo.:i;i MunicipalitZ^rZ^'^^^^^ ^^^^ej^^ert name mming the Road^s williin the safd Cic^a%. '"' ''^"^ ''^' ^>o>tmy Supef iateadeot. 102 Cap. 100. Municipal and Hood Act L. C. 18 Vicf . (DD.) flPGCIAXi NOTICE OF THE INTENTION OF INSPEC3TOB OF ROADS TO VISIT AN overseer's SECTION. Sect. Iv par. 3. (Place.) (Date.) Sir, — Hereby take notice that on day next, the day of instant {or next) i shall visit the roads in that portion of my division of the Municipality of the (name of Local Municipality) embraced within the section thereof for which you are Overseer ; and you are hereby required to meet me at the hour of of the noon of that day at {place of meeting) and to accompany me in my visit of that section, conformably to the provisions of " The Lower Canada Municipal and Road Act, 1855." E. F. Inspector of Roads. To S. T. Overseer. {For EE. see opposite page.) ( F F. ) PUBLIC NOTICE OF THE REVISION OF A VALUATION-ROLL. Office of the Municipal Council of the (Parish, Town- ship, &c.,) of , ^ » {Place.) (Date.) Sect. IxTiJi Public Notice is hereby given to the inhabitants of the Mu- !■"• '• nicipality of the (Parish, Township, &c.,) of that on day the day of instant, (or next) at the hour of of the clock in the noon, the Municipal Council of the said (Parish, Township, &c.,) will proceed to the examination or revision of the Valuation-Roll for the said Municipality. F. G. Secretary-Treasurer of the said Council. Vr*-, (EE.) . 1855. Municipal and Road Act L. C. Cap. 100. n^j OADS TO a *«-^ 1 E a ^.aj^ ^"^ ■5 o c B lilt a> cepq •S ^ c ffi -"S — — ■ _ i—m o •^ 8 1 ■^ w C O.T lil 8d JO joq 0!3 ^ H uo IS933U0Q — . /^/^^ n CO • o « 1 •i-^ p : :|0 <1CJ ^^ Ph 4-» : :[i. O) 5 • • • ^ (O , ■4^ o • . «> «M •-» S : :J o 12 ^ : -t: >^ n) : :-! *3' hJI • '3 • 1-4 ^-4 : •« O — » • i-( O o 2 tj o • O <« • * 3 « ft4 ::> ►S'B : IS S^-nJ : !8 : • a ^ -4 ^ >1 • ^ pq -M 01 **^ : Cm ;^ § S M s : O ;! o 1 O 4fe : £« • J i O ■■5 be s ■3-5 CO 2 Q js-S* : S Oi tra, . 03 • • • • * • > 2 . i-3 • <4-l o a iz; !•* 6 is i ►^4 : .M (G. G.) 104 Cap. 100. Municipal and Road Act L. C. 18 Vict. S o Eh O 0) -a Cm o o I c o ■■§ 0) e Eh CC MM c » I-} «< CO 09 a o M *J till s •^^ |2o C-4 «-2 . > (S v — w n. ^ o o 0) 9 > ^ - I "^ M lO OC W ©< M 00 {»• O to T '^ •* c«)oooooe (•s93UD;nanojp o; Sutpuoom suwnioo juisut 9U»h) "C CO lOOO «*J l« a> a> c S £ «6 ♦;* «ri fc''-' ' • C4 (N (Z) ■;jBd JO J01 C (N • 00 35 Ul ■a»ue>j I iioissd.iuo;') I ■" ■ O m •3 Sub •a .2 V li E^S.s 4> e Oj3^ S c« CS Is- _ aj c — 3 ^ti I f the i\\o Municipality 1865 )OS AND Municipal and Road Act L. C. Cap. 100. Municipality of the (Townshin. Parish it« ^ the last As sessment-Roll a5 finJly revSed. '^ ^«^°^ding to VALUE (or ANNUAL VALUE.) JOT NATURE OF PROPERTY. Real Property . . , , Personal Property. £25,222 20,106 becretaiy-Treasurer of Municipal To Z. H. ^«^«cii of Secretary-Treasurer of the Council ol the County of (I-L.) STATEMENT OF LANDS TO BE SOLD FOR TAXES A^n 'WK TAXES, AND NOTICE OF SALE. Office of the Municipal Council of the County of JnttSrw^l f i^ld^^^u'lt ^^^^ ^--fter Sect. ... name of place), on Monday The Auction, at the {here insert i'". u. February next, at ' of the clock in the If ^ °^ for the assessments and nhai-rr^c j ^"' ■"' "le noon, hereinafter mentioned uU^'tSLtalU'^"'""'^^^^^^ cribed, unless the same be paid wfth .i } . ^^remafter des- before the above day. ^ ^ """^^^ ^* ^^^«t two days Description of Land. Extent. iU" in a Seigniory, give Boundaries.) 100 Acres. 175 do. 200 do. 200 do. Amount Due ON Each Lot. £0 18 9 17 6 1 1 3 1 9 P. Q., Secretary-Treasurer of Municinali the County of ty of (MM.) 108 Cap. 100. Municipal and Road Act L. C. 18 Vict. 1855. S«ct. xr. par. 9. No. (MM.) FORM OF DEBENTURE. Municipality of the {as the case may be.) £ Cy. or Sfg. This Debenture witnesseth, that the Municipality of the (name of Municipality)^ under the authority of a By-Law passed by the Council of the said Municipality in conformity to the provisions of " The Lower Canada Municipal and Road Act, 1855," intituled, a By-Law, &c., {insert title of By-Law^) have received from {name) of {domicile^ profession, or occupation^) the sum of {insert sum at full length)^ as a loan, to bear interest from the date hereof at the rate of per centum per annum, payable half yearly on the day of and , at , which sum of {insert sum at full length) the said Municipality, as a Municipal Cor- poration, hereby binds and obliges itself lo pay on the day of , at , to the said , or to the bearer hereof, and to pay the intefest thereon half yearly, as aforesaid, according to the coupons or interest war- rants hereto attacled. In testimony whereof I, , Mayor of the said Municipality, being hereunto duly authorized, have signed these presents, and have hereunto^ afHxed the Common Seal of the said Municipality, at , in the County of , on this day of , in the year of our Lord, one thousand eight hundred and Countersigned by {Secretary- Treasurer.) {Signature of Mayor.) [Seal.] own view^. ANNO SECUNDO VICTORliE REGINiE. CAP. II. An Ordinance for estahli^hinor q« /c • ^ Ponce in .he Cicie: of ^ :„"d Sl!^''^" "' idle and disorderly Persons bo^-^-'f '"'T'"" »" '""»<'. own view-, or by h^sfh^ T'the rS,^^"' "'' •'"''*"' '""> ''y hi.^ of one or more Vdible wi m 'i oTwi'^ller'""^ "'n^ "'^ "«"' Frson, although Jrat of ^^4 '"A"™"'" °', '^'''^'"e' '"''^ Lso'eharged®: P?ovid °d ZT,^ ^ ET?'' ^S^,'"'' "«' P"" of such Jusnce, on Zchars ,>^' '"^"^ V ^'"'".'^f '" "l" discretion lierso,,, 10 bind him or KL^ i "°^''' ""^ "'"' disorderly Farbefore hejSe/st tieirn'f,"'""' 'T°«"'"'""=<'- '° ^P" J .he peace, ti ^^TsZ^ i^:!' ::^^ztzrz' St"^ alleged against liim or her, respectively. ^ ^" ""^ IX. And be it furiher ordained and enacted fc,. .1,,. >vl.o betng able to work, and thet^by or by other me'^fn??' «"•»"• -"b. maintajn themse ves and familie, .i,.ii ^-jr m "^""^ lo WiidiT Ihig (It. dinance. I p«br;:c"e!;fhigK7an°v m^'?' ? ,f.»^ ^— . -d. and ind'ecenily ex^isi^g^heTp's™:,"-!''""''"""'' °' °P™'j' Persons loitering in the streets or highwavs and nh=,„, .• t^ssengers, by standing across ,he foot^aths.C by usfnSnl.^ ing language, or in any other way tearinir rt„„,i ? !"*?"" signs, breaking windows, break?n^^ I^" ^Wpi: est^'tSf I walls of houses, yards or Karden.. de«,nvin„f"°i. '"■.".' "•« - V V — a ^'•"vc^, causing a distuxbancs Vide page 29, Any justice of 'he (wocc may, on his owti vitw, convict and commit for loose and disordiTly per- sons brought before hi 111. ^* Amended by 7 V.cl. cap. 21, Sect. 1, quod vide page 111). Proviso. 110 Jnitice of the peace may grant warrants to •eardi houses sus- pected ot har- Douring disor- derly periions* Cap. 2. Police — Quebec and Montreal. 2 Vict. 1855. disturbance or noise in the streets or highways l)y scream iiig, swearing, or singing, being drunl<, and impeding or incuni- moding tlie pcuecable passengers, — All common prostitutes or night walkers wandering in the fields, public streets or highways, not giving a satisfactory ace ount of themselves, — Persons in the habit of fre(]^uenting houses of ill-fame, not giving a satisfactory account ol themselves, — Persons tippling in taverns or tap-rooms, after the hour of ten at night and ijefore the hour of five in the morning, between the twenty-first day of March and the first day of October, and after the hour of nine at night and before the hour of six in the morning, from the first day of October to the twenty-first day of March, — Persons winning money or other valuable thing in playing at cards, dice or other chance game in taverns, — shall be deemed loose, idle and disorderly persons, within the meaning of this ordinance. X. And be it further ordained and enacted, &c., that it shall be lawful for any justice of the peace, upon information upon oath before him made, that any persons hereinbefore described are loose, idle and disorderly persons, and are, or are reasonably suspected to be harboured or concealed in any house or houses of ill-fame, tavern or taverns, boarding-house or boarding- houses, by warrant under his hand or feeal, to authorize any constable or other person or persons to enter at any time such house or houses, tavern or taverns, and to apprehend and bring before him or any other justice or justices, all persons found therein and so suspected as aforesaid ; and if on examining such person or persons so apprehended and brought as aforesaid, it shall appear to such justice or justices that they or any of them cannot give a satisfactory account of themselves, it shall and may be lawful for such justice or justices to commit him, her or them to the common gaol or house of correction, thereto be dealt with in the same manner as loose, idle and disorderly persons are hereinbefore directed to be dealt with by this ordinance. Punishment XI. And be it further ordained and enacted, &c., that it shall of persons be lawful for any justice of the peace to commit any person or otherwiie"fli-' Persons being convicted before him, by his own view or by the treating ani- oath of one or more creditable witness or witnesses, or by his, maig. her or their confession, of over-loading, over-driving or other- wise ill-treating any horse, dog or other animal, to the common gaol, for any time not exceeding one calendar month ; and all constables shall and may apprehend such person or persons, and bring him, her or them before a justice of the peace, to be dealt" with according to the provisions of this ordinance. AXNO SEPTIMO VICTORIA KEGIN^. oir CAP. XXI. An Act to alter and amend pprtaJ^ 0,''''l ^^^^^ P^^^^ Ordinance, k being loose ?dle and r"'?^',^ ""^^^ '^'^ ««"1 line or penalty not exce d^Lr fivL ^ ^ '^orderly, a pecuniary VycUtaLientlftle^^^^^^^^^ sterling to be levieS eisht days af lei such aUaSent^\^^^^^^^ *.f '^^'^'^of, sons so convicted shall be residont" .f "^ '^"Z'"^*"*' '^ ^^^'^ Per- such conviction shall be made .nd t T'f" ^ P^«^« ^^^^^e upon such goods and chaUek '. " '^^^^"^^ '^^ sufficient levy oi-sei.ure aL sale, or'S ' "s^o^' '"^'' P^"^'^^ ^^^^^ -osl 'esidents or being ^eilrssCZvr '"""''"^"^ ^^'^" "«» be ! o •siacnis snali have no goods and chattels Preamble. Ordinanros of L. C. 2 V. (1) c- a, ciled. Tort of the said Ordinance repealed, and other provi- sions substituN ed for those of the Ordinance. A fine may be imposed. * {Repealed by 9/A Vict. cap. i?3, quod vide, /a^ellS.) Offender may be comuiitted, if thp «no K„ not paid. 112 Cap. 21. Police — Quebec and Montreal. 7 Vict. by the sale whereof. Ihe said penalty may be levied, and shall not, forthwith upon such conviction, pay such penalty, it shall be lawful for such Justice or Justices to commit such offenders so convicted, to the Common Gaol or House of Correction, to be imprisoned for any period not exceeding two months, either at hard labor or otherwise, in the discretion of such Jusiice or Justices. So much of the Oiitiiiance as deprive:) parlies of (he brnefit ofcerticraris, &c., &c , in certain cases, repealed. II. And be it enacted, that so much of the said Ordinance as deprives parties convicted, as aforesaid, of the benefit of Her Majesty's Writ of Certiorari, and also sc much of the same as enacts that no conviction, order, warrant, commitment, or other matter, made or purporting to be made, under the said Ordi- nance, shall be quashed lor want of form, or held void by reason of any defect therein, shall be and the same is hereby repealed. Charge to be uj, And be it enacted, [nS'ceS menced against loose, idle, cases. shall be reduced to writing Justices of the Peace to the be held to plead forthwith shall be summarily tried, accused to procure the attei establish his defence, if he that in all proceedings to be com- and disorderly persons, the charge and shall be stated by the Justice or party or parties accused, who shall to the same ; and the said charge due time being given to the party idance of the necessary witnesses to shall so require. Appenl grant- JV. And be it enacted, that it shall be lawful for any person ter'SeJsiSsTn convicted under the said Ordinance to appeal from such con- •uch ewes.'* viction to the next ensuing General Quarter Sessions of the Peace, upon giving good and sufficient security to pay the penalty awarded against him and all costs of such Appeal ; and the said Sessions of the Peace are hereby empowered to hear such Appeal and to dispose of the same, and award costs in manner and form as practised upon other Appeals. The particular facts which constitute a person loose, idle or disor- derly, t<» be stated in the Commitment. In dffault, Ihe party may be discharged. V. And be it enacted, that every commitment to Gaol or to the House of Correction, shall specify the particular fact or facts, US to time, place and circumstance, which constitute the oflciider as a loose, idle, and disorderly person ; and any com- mitment which shall not specify such facts, shall be held to be insufficient, and the party imprisoned under color thereof shall be entitled to be discharged from imprisonment, upon applica- tion to that effect to any Judge or Justice of Her Majesty's Courts of King's Bench or Queen's Bench, or any other person authorized by law to act in the absence of such Judge or Justice. 9V9 ANNO NONO VICTORIJE BEGINS. CAP. XXIII. An Act to amend the Art Qm<>»j* of the Ordinance for ttaW&l, fffi'^" P'"^^^^^»« Police in the Cities of ' J"«- ^^°'*'>• fconvicted under the said OrdinE ?f Z^'^'i "P°° P'««ns Sed"*"- fcsorderly.by attachment of tS sever^l'"^ ^^'"^^^ ^^ >nd sale thereof, in all and ev^.^ th ^"°^* ^"^ chattels hid Act, shall be and Ue same LhlrfK'^'"' mentioned in the tlways, that it shall be lawfn??ni a r**^ .repealed : Provided p ^ Nee, by whom any persl ll^^ C^ 5' J"^^^'^^ of the '"^ Ordinance of being loose id>e«nJ^-°r''l^^ under the said kh person shall parthe ^nal^v imn "'"^^^ V° ^^J"^&« that K either immediate^ or w?th in ^^^^ ^l '^^ T^ ^^^^^ed fhall thir.k fit ; and that iT dp?«.fu .P"'*^ *^ *^« «' they IPpointed, he o\ she shaU be t^f °^, ^^^^i^^"* ** ^^^ time IrHousp Af r ."t.®^^".^® .imprisoned :n the Commnn ra-«i ktwo caiendT^oX JTimt?"'' ^"^ ""^ ^^"^« not'exceed: ^«nt of the ,um due ' ^«»P"sonment to cease upon pay. 8 iij An Acf and ( erect Cap-Cha to the no] from Gas are by Ls between l them fron bitant hoi into a sep local situ govemmei authorize or increas( may call f in such n I well being localities : i Excellent of the Leg of the Pre I virtue of ar liainent of and intitul \ Lower Cam I hereby enai [after the pa Ides Monts i [detached fn ]\orth Divis land that the [ments, shal I Body Corpo \ofSte. Anm iOii, ma ANNO DUODECIMO VICTORIA BEGINS. CAP. CXXVI. erect the same into a separate Municipamy?^' ^° W"whl'^1,:^^:^^^^^^^^ distance atp_,, Cap-Chat, on the south shore of the S Lat^pn J^ ^"""^^ ^^ to the north division of the Municipality Tf G '^^-^^^^^^^^ from Gasp6 Basin, where the sitS of^thp S^T *V ^'^ '^*"^t« are by Law holdei, and the wan of a Road o? !l ^""^^.^P^^^^y between the said Settlements and the Bav of r« ™™""'?^*'°« them from the said Municipality, and to^antPn'^^' u ^^^^^^ bitant householders therein, t/ir^anize aSd ^?"f . J*^^ ^'^^^- into a separate and independent Ecbamv 7^! J^^^^^elves local situation and circumstancer aS W J^ "'^^^'^ *° t*^"' government of their local concerns an^^^^^^^^ authorize and empower them from time to time nftK?"'^"^®. ^° or increase of inhabitant householders in tie saTdS^tfr^'^^" may call for or require to re-form and re-organi^ Sf f °*' in such manner as thev shall Wppiv, r«^ ;s<*nize themselves well being and interestsfa^5 thet ternST^r''""™ '», *«'' localities: Be it therefore enacted h.Tf^yf"""" °f "heir Excellent Majesty, by an" :TL\^J''^fi *'°" of the Legislative Council and of th^ t1 • ? • ^° consent of .he P^vince of CanadareonltifuUrj^CeX""!:^ Virtue of and under the authority of an A^f «« assembled by liament of the United KingdoS^o G^ett B?rta1n'*«'°,^.P^- and intituled. An Act to re-unite theProv^Tof''fT ^'"^^^J W Canada and for the Government of Cami Z"-^"^ hereby enacted by the authority of the same Th.^' /^ '* " after the passing of this Act, the said SetSeny, r t"',^'^^ esMonts and of Cap-Chat shall be and Thrsal'^^^^^^ «^"'-«'« of detached from the said Municipality called a«J^ ^^^^y ?'"• Annede. North Division of Gaspe, of wMch herp/nf .u ^"*'^'' ^« ^he M«nt- and and that the inhabitan't 'ho„rehSLrsT ^s d^r'l 'T^ •-^-- * Iments, shall from and after the nassiW h! ? ^^° ^^"^6" "^P*™'* Mu- Body Corporate and Politic, by the^rme^of 7^''^';^^^ ^ "'"'"'''^• {fSte.A^edes Monts^.nd b? tttrm?L?l5pf!>«^^^ .c.«..., .«uy .ue ana ue «ued, and may or ma/noC;;7oX ^^Z7Z •aid pow«n. 116 Cap. 126. Ste. Anne des Monts. 12 Vict. said Corporation shall seem meet, have a Common Seal, and shall have the power to take, hold and enjoy within the limits of such Municipality, real property not exceeding the yearly value in amount of one hundred pounds, and to alienate the same, and shall have all such other corporate powers as, though not expressly mentioned in and granted by this Act, shall be necessary for the due performance of the duties, and the due exercise of the powers which are hereby imposed or conferred on the said Corporation. Limits of Mo- nicipality ma^ be more parti- cularly des- oribrd by order in CouQcil. 10 and 11 Vie. c. 7, cited* II. And be it enacted. That if it shall be found necessary at any time hereafter to define more particularly than hereinabove the limits of the said Municipality of Pte. Anne des Moots, it may be done as often as necessary by an Order or Orders iii Council, by the Governor or Person administering the Govern- ment of the Province for the time being, and the limits of the said Municipality being so defined and fixed, the said Corpo- ration shall have, and may exercise within such limits all and eveiy the corporate and other powers given and conferred upon the Municipal Corporations, by and in virtue of an Act passed in the tenth and eleventh years of Her Majesty's Reign, intituled. An Act to make better provision for the establishmerU of MwnieipOil Authorities in Lower Canada^ and this notwith- standing any repeal or modification of the said Act that may take place, and which shall nevertheless always be referred to, as t^at by which the powers hereby given to the said Corpora- tion, as well ds the liabilities thereof shall be ruled. Corporation, to be represented by a Council. III. And be it enacted, That the said Corporation shall be represented by a Municipal Council, to consist of the Council- lors or Membeirs chosen as hereinafter mentioned, and who cJi^ll perform ti^e duties, and exercise the powers hereby con- ferred upon the said Corporation, subject always to the lia,$ilitie8 as in the like cases are provided in and by the above recited Act purposes of this Act. Provision tor IV. And be it enacted, That in the course of the month of erttiemfntointo "^^7 ^^^^ after the passing of this Act, or as soon thereafter Diatricu for as may be, it shall be the duty of the senior Justice of the Peace, in concurrence with the two senior Officers of Militia, residing in, the said Settlements of Ste. Anne des Monts and CapChat, 1o meet at such place in Ste. Anne des Monts, a$ the said senior Justice of the Peace shall by writing designate for the. purpose, and there to agree upon and make a divi- sion of the said Settlements into Districts or Divisions for the purposes of this Act, each consisting of not less than twenty heads of families each being an inhabitant householder, and of which division and of the proceedings relative thereto, a memorandum or procis-verbal signed by the said' senior Jus- tice and Militia Officers respectively, mentioning the names of (he scVcsu^ UllliiUXlUlll, I __U -1J wiuiin cttuii UX illC SiUU Distrioti j 1849. Ste. Anne des Monts. Cap. 126. le names I 117 Districts or Divisions shall be A among the records and'remembranMH of fhP ^^ preserved to be established. «^«wance8 ol the Corporation about V. And be it enacted. That tha : u i^- whose names shall have' been so take„ ^S^!^* ^^^^^^ of the said Districts or Divisions sh«ll ^ ? recorded in each inh«bitl„t. of place as shall be designated bvfl\. 5 ™^^* ** «"«»» time and P'n^«' J" Sgned by such Justicf oHhe'^ea'ce ^ndtnLTMV!^ rTS^^^' '--3,2;,. and posted up at the most public olace In ?' k^'^1*''' ^ffi^^^", Settlements, at least eight days nexf h"f*''\°^i''« ««i .^SOr^ 8i:, «HT ^Wa OinoirMf :l :lfc 1 1-* 1? O J ,f. •-. THE PARLIAMENTARY REPKESENTATION ACT or 1853. (16 VIOT, Cap. laa.) AMD Tax PARLIAMENTARY RBPRBSBNTATM AMENDIEIT ACT or 1855. (18 VIOT. Cap. 70.) jPfTt iA',i>i;i 1 f 1 J *C ■J-.-i ) / ■'•! :> Ik •IV'' :' f J\ l/< ilk- 1 i<- ik An Ac this] W1 the devt enlarge t lative Ai fairly, ani and othei Ridings- Legislati^ enacted b the advice Legislati-v assembled in the Par Ireland, ar and Lowei is hereby i after the er Ridings, C mentioned, the Repres< lated in the shall, in so like purpos Members o] sions of L] matters thei 1. The Cc [by a line cor Ineartbemou Iforty-seven n Istrikesaline ANNO SEXTO DECIMO VICTOR,^ BEGINS. CAP. CLIl. w Preambl« the devdopemem of iti^ resourfes rendir T • ^ ^*"*« ^'^^ enlarge the Representation of the PeonL Jf ^t imperative to lative Assembly, and to apportion ?fi* ^^'^^'^^^ *h« Legis- fairly and with this view-4K "^^Je Iimitrj?r^"'^°° ^ore and other Electoral divisions-to div dT o^^ •°^'J?^ ^^""ties Ridin^^to erect certain other cSesIaSn^.^T^^^^ ^*° Legislative provisions in the behflif of ??" *° **^opt other enacted by the Queen's Most Sllenrr^'* ^^ '' '^'^^^O'^ the advice and consent ol the LeStr ^%i^^^y^ ^y and with Legislative Assembly of the Prov^^^^^^^^^ ^nd of the assembled by virtue of and under th! Vu °^'^^' constituted and in the Parliament of the UnUed ^^n 5"*^°"ty oi an Act passed Ireland, and intituled, AnAclt r^^£vT* ^^n^'^^^ Britain S fl«rf J^«. Canada, andZ L^tTJ^^^' Provinces of UpZ is hereby enacted by the amhtit^oTSr^^' "^ £«'^'«^' «^d h aftertheend of this present PrScialPa.lfr"* ^t^* ^'^"^ ^^ Ridmgs, Cities and Towns and S„. nf r""^"*? *^ Counties, menuoned, shall be the subdiMsions of thf p^°""*^^' hereinafte; he Representation of the PeopK Jof ^! ^fTT^ ^Pon which lated in the manner hereinafiPr nio^?^'^^^ ^^ based and reim. shall, in so far as they'^M^^^^ «uch subdivisS ike purposes, be substituted for thf.^ """^ existing for ! Members of the said Assembly aL^^^ Elections of sions of Law now in foroe and l! ^''*®' ^^^^ a°d provi- matters therewith connecrdcThattTsay:'*^^^^^^ '"^ *" LOWER CANADA. [by a P'oZ^ntlXl^Lr.'S::^'^' r *^ -*^-3t Cou„. . Jnear the mouth of the Bay ^Chairurrth ' °" *^^ ^^'^^ "de and ^^f I ortv-seven miles, thenc J ^uth s'xt v n^T^ ™""'°^ ^orth-west Hes aUne drawa south^^? f!i^^*°l°"i«^««« ^««t until it I *""^ v.ap.i.nai on the River St. Lawrence, Coantim, Rid. ingi, Citie. uid TowM hereintfter mentioned to be those on wbich Repre< •entation shall be btMd after theeniofthe present Parlia- ment. 122 Cap. 162. Parliamentary Representation Act. 16 Vict. Lawrence, on the west by the line last mentioned, and on the north and east by the River and Gulphof St. Lawrence ; including in the said County the Island of Bonaventure and all the Islands wholly or in part opposite to the said County and nearest thereto ; the said County so bounded comprisinz the Fiefs and Seigniories of Sainte Anne, Mont-Louis, La Magdeleine, Grande Vall6e dcs Monts and Anse de I'Etang, Grand Hiverand Pabos, and the Townships of Cap-Chat, Sydenham, Fox, Cap-Rosier, Ga8p6 Bay North, Gasp6 Bay South, York, Douglas, Malbaie, Perce and Newport, and the said Island lying opposite to the said County and nearest to it. Coantj of Bonaventure. Coanty of Rimotuki. Coanty of Temiscouata. 2. The County of Bonaventure shall be bounded on the east by the County of Gasp6, on the north partly by the said County of Gasp6 and partly by the County of Rimouski, on the pro- longation of the same rear line, until it meets the limits of the Province; on the west by the western limits of the Province, and on the south by the Bay of Chaleurs and the southern limits of the Province, and shall comprise that part of the District of Ga9p§ lying between the County of Gasp6 and the District of Quebec, including all the Islands wholly or partly opposite to the said County of Bonaventure and nearest thereto ; the said County so bounded comprising the Seigniory of Shoolbred and the Town- ships of Port Daniel, Hope, Cox, Hamilton, New Richmond, Maria, Carleton, Nouvelle, Mann, Ristigouche and Matap6dia. 3. The County of Rimouski shall be bounded on the east by the County of Gasp6, on the west by the south-western line of the parish of Saint Simon, prolonged to the limits of the Pro- vince, on the south-east by the County of Bonaventure and the southern limits of the Province, and on the north-west by the River Saint Lawrence, including all the Islands in the said River lying nearest to the said County of Rimouski and wholly or partly opposite thereto ; the said County so bounded, comprising the Parishes and Settlements of Matane, M6tis, Saint Joseph, Sainte Flavie, Sainte Luce, Saint Germain, Bic, Saint Fabien, Saint Simon, the Seigniories of Lake Metis and of Matap^dia, and the Townships of MacNider, Matane, Saint Denis and the augrnentation thereof, Cabot, Neigette, Macpes and Duquesce. 4. The County of Temiscouata shall be bounded on the north- east by the County of Rimouski as hereinbefore described, on the south-west by the north-eastern lines of the Parishes of Saint Andr§ and Saint Alexandre and of the Township of Parke and the prolongation thereof to the Province line, on the south- east by the Province line, on the north-west by the River Saint Lawrence, including Gr-^en Island and all the Islands in the said River Saint Lawrence nearest to the said County of Temiscouata, and wholly or partly opposite thereto ; the said County so bounded comprising the parishes of Trois-Pistoles, Saint Eloi, Isle Verte, Saint George de Cacouna, Saint Ars^ne, Saint Patrice de hi -*vTt:)f 128 1853. Parliamentary Mepresentation Act. Cap. 162. Rivi^re-du-Loup andtheTownshipsof Whitworth,Viirer Beiron eaft" hy^^h^^^LySTr^^"^'' f^^^ ^' ^""^^^ «" ^he north- Cou„., of eas oy me bounty ol Temiscouata, on the south-west bv thp KamoGraJu. south-western limits of the Parish of Sainte Anne and of the Township of xworth prolonged to the southern limhs of he Province, on the north-west bv the Rivpr «5JLt i including all .he Islands in the Ud^fv^ ne'a^" to'^s^^ County of Kamouraska and wholly or partly opposhe thereto and on he south-east by the Province line ; the K Coumrsi bounded comprising the Parishes of Saint Andi^SninT 6. The County of L'Islet shall be bounded on the north-east Cn ^ r by the County ofKamouraska, as above described on Te «omh Effi "^ west by the south-western limits of the Pari hes of l)Llet and Samt Cyrille of the Township of Lessard and of the TownsWo of Arago prolonged m a south-eastern direction to the Zvi'nce line on the soutfi-east by the province line, and ortfrnorth west by the River Saint Lawre^nce, including all the Islands in the said River nearest to the said Countv of J 'I^Ip ««,t ? il or partly opposite thereto, but not^nclllVany Jart ^f fh^^ iBlands hereafter annexed to the County of Monto^aJny he said County so bounded comprising the Parishes ofS^Wp u Saint Jean, L'Islet, Saint Cyi?Ile afd the C„ slips of LefsSd' SaTaSdittL^^^^^^"^ ^^^^^^^ . ealt'b^t^CriJytl^'EK^^^^ westbytheRiverSaintLawrence,incLtgi^^^^^^^ ?s"JidsinThe """'• said River lying nearest to the said County of Monm^ny and Me Sainte Marguerite, and all other Islands in the saM rIJ J z^pT.^ tsslirit^r'"' '="•"' Tr sa^rv'ho^is «auii 1-ierre, uerinier, baint Francois, the Townsh*n« of AoU bur«„tmini, Bourdages, PatL ^nd part^t'^ownX" . „?• J^5 C^W^ty of Bellechasse shall be bounded nn t b. «.,.u -»^y lae ix>uuty at Montma«ny a^ above describ^, on"fhe north- am!.ai\ 124 Cap. 152. Parliamentary Repreaentatwn Act. 16 Vict. Coanty of Livia. County of Dorchester; County of Beauce. north-west by the River St. Lawrence, and on the sonth-west by the south-western limits of the Parishes of Beaumont, Sajnt Charles, Saint Gervais and Saint Lazare, not including the Township of Buck land but continuing to run on the northern line thereof as far as the Concession line next to the north-east of the Route de Saint Lazare, and thence to the south-east along the said Concession line through the said Township of Buckland to the Township of Standon, thence following the north-western line of Standon and its augmentation by the north-eastern limits of the said augmentation and of the Township of Ware pro- longed tb the limits of the Province ; the said County so bounded comprising the Parishes of St. Vallier, Saint Raphael, Saint Michel, Beaumont, Saint Charles, Saint Gervais, Saint Lazare, part of the Townships of Armagh and Buckland and the Town- ships of Mailloux, Roux, Bellechasse and Daaquam. 9. The County of L6vis shall be bounded on the north-east by the County of Bellechasse as above described, as far as the limits between the Purislies of Saint Henri and Saint Auselme, on the south-east bv the north-western limits of the Parishes of Saint Anselme and Saint Isidore as far as the River Chaudi^re ; and on the south-west side of the River Chaudi^re by such line as will comprise the whole of the Parishes of Saint Lambert and Saint Nicholas, and on the north-west by the River Saint Lawrence ; the said County so bounded comprising the Parishes 'of Saint Joseph of Pointe L6vy, Notre-Dame de la Vicloire, Saint Jean Chrysost6me, Saint Henri, Saint Nicholas and Sajnt Lambert. 10. The County of Dorchester shall be bounded on the north- east by the County of Bellechasse as above described, on the south-east by the province line until it meets the sources of the River Metgermette, on the south by the said River Metgermette as far as the Township of Lini^re, -on the north-west by the north-eastern and northern line of the said Township of Lini^re, the south-western line of the Townships of Watford, Cranbourae and Frampton, the south-eastern limits of the Parish of Sainte Marguerite, and of the Parish of Sainte Hemedine, the south- western limits of the said Parish of Sainte Hemedine, the south- eastern and south-western limits of the Parish pf Saint Isidoie as far as the River Chaudi^re, and on the south-west of the said River Chaudi^re by the south-eastern, south-western and north- western limits of the parish of St. Bernard, and on the north- west by the said County of L6vis as above descril)e4; the said County so bounded comprising the Parishes of Saint Anselme, Saint Isidore, Sainte Claire, Sainte Marguerite, Saint Bernard, Sainte H6m6dine, part of the Townships of Buckland and Met- germette, and the Townships of Frampton, Standpp and its augmentation, Cranbourne, Ware and Watford. 1 !. The County of Beauce shall be bounded on the north-east by the County d Dorchester, on the east by the province line, on 1853. of Parliamentary Representation Act. Cap. 162 limits of 'the Tow„«hip,"of coirn L"%^^^^^^^ '^ /"^ «-"th.rn again on the south-west by the HmiTr f"^ ""[^ Bronghton, TowshipofBroughtonand?f tfw?P?- t'Tl^'" ^'"^'^s Sf the far as the County of Do^holtel ZT"^ f ^^'"^ Sylvestre, as said County of 6orehe;;^r; te%:fd clmt ""'k'"^? ''^ »^« prising the Parishes of Saint Elz6ar Sn^m {.'° ^^«»ded com- Saint Fn^derick, Saint Franrn f q'^^ /r^"" ^^"'''^^a'nt J<>«eph, of Aubin-Delisle, par" ofTe^T' J„T ^"^'S' '^^ ^eigniir; Clinton, the Kennebec Road SmtTem^r ""^ 5««[^«''"»-tte and^ of Jersey, Lini^re, MariorRhfboZ^h^''^ ^"1 />^ Townships Woburn, Gayhurs't, DorZ' Shenlev ^^^^ Ditchfield, Forsyth, Adstock and Trbig ^' '^^'™^'' ^"««. Lambton, eas^an^s^SraTt by^^^^^^^^^ on the north- C.„„.„ by the limits of the District of oL?i^"T' ""^ ^^^ south-west MegJa ^uth-eastern line of the augme^^'ttn oH *>y ^^e chaillonsand Lotbini^re iTX^Z . ^^'^'"'''"^^ <>^^^^ limits of the «eignioTof saime r^ south-eastern south-western limits of the iallh/*' ^"^ south-eastern and the County of Beauce ; ihe said CoLl^^T ®^l^«*^ «« f^' «« the Townships of Inverness NeUnni^ '"^ ^''""^^^ comprising tation, Halifax, Leeds irouSnT^? ^"^ ^^» «»Vn- Colraine. ' «roughton, Thetford, Ireland and «^^^^^^ on the north- Co., or hmits oftheDistrict of Quebec on '».r^.! ^outh-west by the LotbinW of Megantic as above described ^ '"''t''^^^ bv the County Counties of L§vi8, DorchSrnn II, *"" the north-east by the the said County so bonded on^^'?"''l^' ^^°^« described! Sylvestre, SaiL A^hef sSS"^ ^. ^^^i^^^ ^^ S^i" Flavien, Sainte Croix Lo bim-rrl ^ • I t^^'"* Antoine, Saint all the remainder of \heau*m^nf«r"''''r DeschaiUons and Deschaillons and Lo b nLi^re^Tn J oJT'/^ the Seigniories of ;i Sainte Croix which i^ not^^^^^^^^^^ as far as the prolongatio^of tt. i^ *^ "^T^^ "^"^'th latitude, of Saint Johns' on the Sa^^^^^^^ the Township said prolongation and thf eaid^Hnl f l"""^^^ ^^^^ ^y the and crossing the River L^^enav bv fh ^^''[ ^^S^^^^Y. the said eastern line to tlS^ p*^' J -^^ Prolongation of tJ'e north-east by a 1 ne ti J ? ""? ^^'""^^ Marguerite, on the River SainL 1^^^, *"erite ^^^ fr«"; '^' abovfpoin on ^ r'=-l- the northTyr lill.rf?H;S:^li-^'.«^ the ' „..^ - "ounaed comprising the Townsiip^a^l^^^^:^ of 198 126 C^P- ^^^' Parliamentary Representation Act. 16 Vjcr. of Saint Johns, La Trinit6, Harvey, Simard, Tremblay, Bagot, Chiooutimi, Laterri^re, Simon, Jonqui^re, Kinogorai, Labarre, Metabetciiouan, Signay, M^sy, Caron, Charlevoix, Bourgette, Taeh6 and Delisle. County of Tadoussae, now Saguie^ nay. County of Saguenay, now Charle- voiz. 15. The County of Tadoussae shall be bounded on the south- east by the River Saint Lawrence, including all Islands nearest to the said County and wholly or in part opposite thereto, on the south by the parallel of the forty-eighth degree of north latitude to the County of Chicoutimi as above described, on the north-west and west by the said County of Chicoutimi, and on the north and north-east by the limits of the Province ; the said County so bounded comj5rising the Townships and settlements of Saguenay, Tadoussae, Little Saguenay, Sainte Marguerite, Bergeronnes, Escoumins, Iberville, Laval, 'Latbur, Betsiamites, the Seigniory of Mille Vaches or Portneuf, the Terra Firma of Mingan, the Islets of Mingan, the Island and Seigniory of Anticosti, the settlements and posts of Manicou- agan, Betsiamites, Godbout, Saint Pancras, Pointe des Monts, Saint Paul, the Seven Islands, the Jeremie Islands, and all the other tracts of land comprised within the limits aforesaid. {Amended by 18 Vic. c. 76, s. 10, as follows : X. The Connty now called the County of Tadoussae shall hereafter be known and designated as the County of Saguenay.) 16. The County of Saguenay shall be bounded on the north, west by a line to be drawn from Cap de I'Abattis on the River Saint Lawrence towards the north-west and parallel to the north-eastern line of the Seigniory of Beauport, to the County of Chicoutimi as above described, on the north by the Counties of Chicoutimi and Tadoussae as above described, on the south- east by the River Saint Lawrence ; the said County so bounded comprising the Parishes of Little River, Bale Saint Paul, Saint Urbain, Eboulements, Saint Ir6nee, Malbaie, Sainte Agn^s, Saint Fiddle, the Townships of Settrington, De Sales and Calli^res, Isle-aux-Coudres, Hare Island, and all the other tracts of land comprised within the above limits, and all Islands in the River Saint Lawrence nearest to the paid County and wholly or partly opposite thereto. {Amende^ by 18 Vic. e. 76, s. 11, as follows : XI. The County now called the County of Saguenay shall hereafter b8 known and designated as the County of Chart ,'voix.) County of 17. The County of Montmorency shall be bounded on the Montmorency, ^^g^ y^y jjjg County of Quebec, as hereinafter described, on the north by the parallel of the forty-eighth degree of north latitude, on the east by the County of Saguenay, on the south-east by the River Saint Lawrence, including the Island of Orleans and all the Islands nearest to the County of Montmorency, and wholly or Dartlv opposite thereto ; the said County so bounded comprising the' Parishes of Saint Pierre, Saint Jean^ fciaj^te .,,- ..".:.■ Fftinille, hereafter be 1853. Parliamentary Representation Act, Cap. 152. Famille, Saint Laurent and Saint Fro«« • t , ,, hle-aux-Reaux. and .he"pSefT Tainf %'f^ri'?'' Joachim, Sainte Anne ChatPnn »• k t *^'^oI, Samt Gardien. ' ^^^t^a" Richer, Laval and Ange we\tbrtL''rsTern?S^^^^ ^?--^-\on the south- Co„„e, of I'Ancienne Lorette and^iL AmW ^^^ °/ Sainte-Foye, <*««>i. of Saint Gabriel andX wln^a^rV"^ f '^^ Seigniorj? County of Chicoutil'rsaCvrd^'S^^^ ^"!; ^« '^^ tL3 River Saint Lawrence on thPnf'.K ^^^ ?o"»h-ea8t by western line of the SeiSy of La CaH^''^'' ^^ *^^ ««^t^- meets the south-eastern HnJoftlieTnL^^^ "^*^* i* thence towards the nTrth^ast bv L^J^'^'^'Pu^^ ^^^^^«b"^> fai- as the eastern corner of the «i^?l t"* south-eastern line as north-eastern line of the said TowneK-^?'^?^'^' *^«°^« ^Y ^he by the prolongation of the saidTorth'Pt '^^r'^' thereof and by the County of Chicc^uUmi as In J™ ^'^ ' °" *^^ °o«h therefrom the^ City of Qu^Lrwh^^^ descnbed, excepting limits, and exceptine also thp vl-\ *^ P/T°* ^^^ent and Quebec and Saintffi of Quebec the t?d rl ^^''^'^^^^ of comprising the Parishes and Sp?f L f r^^"*^ «° bounded Edmond, Saint Gabriel Saint a" h •'"'V^/ Beauport, Saint Foye and PAncienne LoVet^ the T^^^^^^^ Sainte Tewkesbury, Fief Hubert and «llT.T'*'''P^ of StoneSam and in the above limits ' ^ ^" °^^^' *'^^*« ^^ ^^^d included compriIe^h?^r^^^^^^^^ ^Purposes of this Act c, of NotrUme oi^Quebl.trflrin^ Ath 'o^|^^^^^^^ ^' ^"'^" ^'^'^Xl^o^Sy^^^^^ the north- Cou„.,., longation of the so^uth-westem Hnf there„7to"tt^ f^- *^%P'°- '''""'' Province, on the south-east by the River S^/ntr^'""'*' ^^ *^« the north-west by the limits of ^the Prnvr fc>amt Lawrence, on west by the limits of thT District of 0^,1^,' ^°u^ °° ^^^ «^"ndines, Catherine, Ec'ureu^Is, Poime aux t--^^^ ®^^"'" Saint Alban and.heTowrhfpsTJSdlltorR ^"^^*^"' Colbert and Montauban. "* "'O^^^rd, Alton, Roquemont, ™sl-Jt&Sat?S!SVa^ »0Hh.we8t by ,he liS of he P^lf ""^ f ""''"™. »» the Genevieve 127 128 ^^P* ^^^' Parliamentary Representation Act. 16 Vict, Genevieve de Batiscan, Champlain, Cap de la Magdeleine, Saint Maurice, Saint Stanislas, Saint Justin, Saint Prosper, Saint Naicisse, and theTownship of Radnor. Town of 22. The Town of Three-Rivers shall comprehend the Town Three-Rivew. ^^ Three-Rivers within its present limits and the Banlieue of Three-Rivers. County of St. Maurice. County of iVIaikmoDg& County of Kicolet. 2S. The County of Saint Maurice shall be bounded on the north-east by the Town of Three-Rivers as hereinbefore consti- tuted and by the County of Champlain, on the south-east by the River Saint Lawrence, on the north-west by the limits of the Province, on the south-west by the soUth-westerh limits of the Parishes of Yamachiche, Saint S^v^re, Saint Bamab6 and the Township of Caxton, prolonged to the limits of the Province ; the said County so bounded comprising the Parish of Three- Rivers without the Banlieue, Fief Saint Etienne, the Forges, the Parishes of Pointe-:lu Lac, Yamachiche, Saint S6v^m, Saint Bamab^, and the Townships of Caxton and Shawinigian, and the augmentation of Caxton. 24. The County of Maskinong6 shall be bounded on the north- east by the County of Saint Maui'ice as alwve described, on the south-west by the limits of the District of Three-Rivers, on the south-east by the River Saint Lawrence, including all Islands nearest to the said County and wholly or partly opposite thereto, on the north-west by the limits of the Province ; the said County so bounded comprising the Parishes of Mask inong6, Rivi^re-Klu- Loup, Saint L6on, Saint Paulin, Sainte Ursule, Saint Didace and the Township of Hunterstown, and the Gore thereof. 25. the County of Nicolet shall be bounded on the north-east by the limits of the District of Quebec and Three-Rivers, up to the distance of two miles into the Township of Blandford, thenee on the south-east by a perpendicular line drawn across the Township of Blandford, and thence by the south-w'cotern line thereof to the limits of the Seigniories, and by the limits ' etween the Seigniories and the Townships as far as the north-eastern line of the Parish of Saint C^lestin, comprising in the said County ot Nicolet all that part of the Parish of Saint C^les- tin which is in the Township of Aston and the augmenta- tion and the Gore thereof, thence by the south-eastern line of the augmentation of the Seigniory of Nicolet, on the south-west by the south-western limits of the Seigniory of Nicolet and aug- mentation, on the north-west by the River Saint Lawrence ; the said Covmty so bounded comprising the Parishes of Saint Pierre, Gentilly, Sainte Gertrude, (excepting the Township of Mad- dington,) Becancour, Saint Gr^goire, Nicolet, Sainte Monique, part of the Township of Blandford and the Parish of Saint Celestin. 26. 1853. Parliamentary Representation Act. Cap. 152. I2Q, easf by tt Count^ of SSef^tbi^^^^ °" *^« ^^'th- County of west by the River Saint LawrLce ^ f^T''^^ '^^ »°«h- YumJLT limils of the Districts of Three4livp?o'o^i5® south-west by the east by the north-western iS^i^sTfTh^T^^^^^^^ the River Saint Francis a^d Hip rf. J "^"'^'P of Wendover, Township of Upton : the sa"d Conn^^^T'^'T ^^'"^ts of the the Abenki SetLment, and the S- nfT^"^^°°"^P"«^"ff Michel, Saint Frangois/Xa Baie and Sa?nr7'T'?^^^^' ^aint nioriesofPierreviIIe\ndBourgmar?e E^t 1^ '^^ Seig- of the Township of Wendover ?ZS'^i^ *iL^ ^"S^^'^tation sect 1, as follows: '^"^*'''^'- K^^^nded by 18 Vict. cap. 76, of a Thomas de Pie.eviUe, htirdl^ili:,^^-;?^^^^^^^^^^^^^ leasTiy^h: ^SalnS^c'eln'^^^^^^^^ S^^e south- Cou..o. Isle du Pads, and all Ms^lTntkre^^oZ^^ ^^"^'• wholly or in part opposite thereto on th^ said County and County of Maskinon^g, on the ruthwP^tK fo^h-east by the limits of the Parish of Lavahrt ih 1/ ^^ *^^ south-western Lid Parish of Lavahrie a^d^f thl p''^'^'^^^^^ ^'"^^^ ^ tZ Norbert and Berthier^hrnorth t. *^"' > -^^ ^^ Lanoraie, Saint Saint Cuthbert prSged trth^ToS- ''"^n^^ *^« JP^^sh of * (the South.weste?n Hnf of ?he s Jd Tw? h • ^fS*°"> ^^^ by longed to the limits of the Province n^^f'^ of Brandon prci , limits of the Province • the s^Ci r ' . ° *^f north-west by the " % Parishes and SetUements of Idp^5 f bounded comprising gerthier, Lanoraie, Laurie Santr'u^^^^' '^^^ *^^Pads, LtBarth.lemiJaintfet3\h?aL>^^ tndprfhr^^^^ bn the north-west by the limT^of th. pl • ' ^^"""^ described, JoUettJ test by the south- Western Hmitfof if ?J- ""''' """"r'^^ «°"»h- [rolonged to the limits of IhT Provide T^^^^^^^^ bunded comprising the Parishes of qL;^»V^t ?^ 5°"°^^^ so laint Paul, Saint F61ix exoenf tL? ^?u* ^^f ^^^ Borrom6e, fownship of Branln,'saS CmL^Tai^fp^-^^^^^^^ '"^ ^^« Nanie, Saint Ambroise Saint TUnhnn Elizabeth, Sainte [e whole of the Township ifo5«rr''r"'P'^''^ e Township of Catrcart ^""^ augmentation and ^st"': &es1fSh?er" ^^^^^^^^ - ^^« -rth- Coo„.y or h the south-east by the north ^slern^ above described, ^^^ I'Assonytion, Sai^t Roch a^jn ^L^^^f J^^^^^^^^ o^ I Terrebonne to the south-western S of Ve Toin'f'^''^ flkenny, on the south-west hv ,h™ ""!u ...!''f township of -w-hlp of Kil.en^ prolonged io th^-IS^^^,^^^ on 130 C^P- *^2- Parliamentary Representation Act. 16 Vict, on the north-west by the limits of the Province ; the said County so bounded comprising the Parishes of Saint Jacques, Saint Alexis, Saint Esprit, Saint Liguori, and the Townships of Rawdon, Chertsey, Kilkenny, Wexford, Chilton, Doncaster and Carrick. County of 30. The County of L'Assomption shall be bounded on the L'Asaomption. north-east by the Counties of Berthier and Joliette as above described, on the south-east by the River Saint Lawrence, in. eluding all Islands nearest to the said County and wholly or in part opposite the same, on the south-west by the south-western limits of the Parishes of Lachenaie, Saint Henri de Mascouche and Saint Lin, on the north-west by the County of Montcalm as above described ; the said County so bounded comprising the Parishes of Saint Sulpice including Isle Bouchard, Repen- tigny, L'Assomption, Saint Roch, Lachenaie, Saint Henri and Saint Lin. County of Terrebonne. 31. The County of Terrebonne shall be bounded on the south-east by the northem branch of the Ottawa River, includ- j ing all Islands in the said River nearest to the said County and wholly or in part opposite the same, on the north-east by the I Counties of L'Assomption and Montcalm as above described, on the north-west by the north-western limits of the Parishes of Sainte Ther^se and Saint Janvier, and of that part of the Parish of Saint J6r6me which is in the continuation of the Seigniory of Mille Isles, as far as the cordon between the C6te de la Riviere k Gagnon and the C6te Saint Joseph, then following the said line or cordon to that part of the continuation of Mille Isles called the Seigniory Dumont, thence along the division line between the Seigniories Dumont and Bellefeuille, thence along the south-eastern line of the Township of Morin to the line between numbers twenty-six and twenty-five thereof, thence along the line between the said numbers to the Town- ship of Howard, thence along the eastern line of the Township of Howard, the southern and the western line of the Township! of Beresibrd, and the prolongation of this latter line to the County of Montcalm ; the said County, so bounded, comprisingi the Parishes of Terrebonne, Sainte Th6r§se, Sainte Anne, Saintl Janvier, Lacorne, part of the Parish of Saint Jerdme, the Town! ships of Abercrombie and Beresford, and part of the Township of Morin. annexed to tt County of Two-M taing. oua- 32. The County of Two-Mountains shall be bounded on thej east by the County of Terrebonne as above described, on the! south by the River Ottawa and the Lake of the Two-Mountains,! including all Islands nearest to the said county and wlioll> orl ir ^art oppositfi thereto, on the west by the western limits of j ii , Parishes of Saint Benoit, Sainte Scholastique and Sainll Columban and the northern limits of the Township of Gore,| thence by the eastern limits of the Townships of Wentwortij Emd liowara, lo luu Cuunty m TciicwOunc as awove «c3crir*' the 1853. Parliamentary Representation Act. Cap. 152. J3I Saint Columban, thf Miss ofrf, to Take T-^^ Scholastiqu«, lliatpart of tlie Parisli of Sain i^m™ u- .^"'""Mountains, moo!^ofTwo.Mountains7thatna"n?X'''''''=''i''" ">« Seig! ; Sainle Marguerite, SaimeAnfi'eHnT,?»„r''P''' 5«"" Eustaehe, ! of Morin. ^ue„ke, ^ ^t'^^^^.'^T^'J^o^,'^^'^ include the Parishes of Samte PJacide and S St h2' ^^^l' '^I'-eafter also from the County of Argenteuil but shall n„*i!? Pe^mas hereby detached Ib/l cL^;rVJo^^r^^^^^^ the east .o.eyor Inorthern portion of the Countv of T.Jr^K ^^«^"bed, and the ArgenfeuU. [cribed, on the north-east by the north^™ nnT^ ^? f ^^^^ ^^«- lof Montcalm as above describer! r^^K^ '°1°^ *^^ ^o^^ty Ottawa, and the Lake of the Two Jn^ f °"'^ >^ '^^ ^^"^^^ Islands nearest to the saw cLTyan^XTv' •^'^'^^^'"^ ^" Isite thereto, on the west bv tlitolf ^f^^^^V or m part oppo- lof Petite Nation anJthe pfo oLaffnnTJ'""'!? °^ '^^ SeigniSty iMontcalm; the said CoLTy^^^^^^^^ County Sf lof Sainte PJacide, SainSmas Sa^nt A^'r^'^^'^^P^^^hes Vlem, and the Town°hiDs o?rh«tT. t?"^'^"^"' ^^^^^^ Jeru- Ld AWmentation, HaXon Gore'^ ^'^^^il^e ^Im, Wolfe, Salabmy aS GrlndS^^^ ^T.^"^' M^"*" k^!;:^^:j^KSx^'S:;:"tS pi-es now co.. Ihat .art of the Townehip of Morin wS Kes to ?h^ s Jk*"^' ^^'^ '""^^'Je letween lots numbers twenty-four and twentv fivi r ?." u"'"®''* °^ '^^ line fciid that part of the Parish of Saint r^r/^^^T^'u® °^®'^ ^^« ranges thereof Loh, Saint EustachtrSa^^trMarguS ^nd1ai„^™P^^'^^'^« ^^^'« Sat* Uonof the County of Montcalm on ft ^V^® north er^ OttawL band or Ottawa River comSS Z Id 'T'^-"^? ^^^ ^^e fcposite to the County and bTStnT""^^ '" *^^ «a™e U-west by the soXtesS Sts Jrhe"" t"^"' ?" *^«. f ardly prolonged to the County of MSitcalrn th ^°^"«hip of (0 bounded comprising the S^erijorv of pL'^ Jownships of Lichabfr and h^SeluorB^^^^^ '^^ Templeton, Hull, Eardley MashnrrT w «' f "^^^ngham, erry, Rippon, Denholm,^Low fc J^ R^'''^""^> Neneuve, Lathbury, HartwelT' SnS.r"V,5-"^_'j'' Bownian, F^^^".ton, Preston, Bidwell, WeS; bI^L;;;;:^]^, ^^S field, ■■R ^92 County of FoBtiao. County of Drummond. 1 ■ ' III I I i :. . ( f: ■r.s- ■ ' 'H :--,: J f ■ ■• • I ■': ' CountT of Arthabuka. Cap. 152. Parliamentary Representation Act. 16 Vict. field, Blake, McGill, Killaly, Dudley, Chabot, Bouehette, Cameron, Maniwaky, Kensington, Egan, Aumond, Boulhillier, Kiamica, Merritt and Campbell. 35. The County of Pontiac shall be bounded on the north-east by the County of Ottawa as above described, and on the south, west and north by the Grand or Ottawa River to the head of Lake Temiscaming and a line thence drawn due north to the limits of the Province, by the said limits of the Province, and by the County of Montcalm, comprising the Grand Calumet, Alumettes and little Alumettes Islands, and all other islands in the said River opposite to the said County and belonging to Lower Canada ; the said County so bounded comprising the Islands as aforesaid, and the Townships of Onslow, Bristol, Cla- rendon, Litchfield, Thome, Aldfield, Mansfield, Waltham, Chichester, Sheen, Esher, Aberdeen, Hastings, Aberford, Kirkaby, Labouch4re, Gladstone, Graham, Cawood, Leslie, Stanhope, Clapham, Huddersfield, and Ponlefract. 36. The County of Drummond shall be bounded on the north- west by the Counties oi Nicolet and Yamaska as above des- cribed, on the north-east by the north-eastern limits of the Townships of Wendover, Simpson and Kingsey, on the south- west by the north-western line of the Township of Upton to the line between the eighth and ninth range thereof, thence along the said line and along the north-eastern line of the said Town- ship ol Upton and of the Township of Acton and the south- western line of the Township of Durham, on the south-east by the south-eastern limits of the Townships of Durham and Kingsey ; the said County so bounded comprising part of the Township of Upton, and the Gore thereof, and the Townships of Durham, Grantham, Wendover, Simpson, Wickham and Kingsey. {Amended by 18 Vict.^ cap. 76, sec. 2, as follows: II. The County of Drummond shall comprise all the places now included I therein, except the said Gore of Upton annexed as aforesaid to the County of Yamaska, and the eighth Range of the Township of Upton hereby annexed to the County of Bagot.) 37. The County of Arthabaska shall be bounded on the north- 'vest by the Counties of Drummond and Nicolet as above des- cribed, on the north-east by the Counties of Lotbini^re and of Megantic as above described, on the south-west by the Counly of Drummond as above described and the south-westem limits of the Township of Tingwick, and on the south-east by the south-eastern limits of the Townships of Tingwick and Chester; the said County so bounded comprising the Township of Mad- dington, part of Blandford, the Townships of Warwick, HortoE, Stanfold, Arthabaska, Bulstrode and Augmentation, Cliester and Tingwick, and that part of the Township of Aston and its augmentation and Gore which is not included in the County of I Nicolet as above described. 3iiJ "^fmasim 1863. Parliamentary Representation Act. Cap. 162. jg^ north-east by the north-eastern Hm ft 7 described, on the Sherb/ooie, Shipton Wiidsor and S~on ^^ ^ul ett "^T^^'^P^ °^J=^^'*' wards the River Saint Francis bvthAL*?^®*^"^ so"^^ to- boundary of Stoke, and'ScrS; he ^;X™"-^^,-"thern Jiinits of the Township of Bromntnn 1° ™ ^'^ western western limits of the Townshin oTCh. °^ .^^ ^^^ ^o'^th- sobounded comprising the Towni •?"*?? ' ^^^ «aid County and the Gore tbereof"lMpto^°^^^y« f Melbourne, Brompton I.J 18 Vict, c. 76, ,. 'l2, T}oilo!!;^'^'''' ^""^ ^'°^"- (^"^^^^ I XII. The County now called the Pnn ♦ f ou i^ known and designated as the County of Rfchmond'J'*"^® ^^^II hereafter be S9. The County of Wolfe shall k« u , , by the Counties of Megantic Sid 1^'^^'^''^ T ***^ "^'th-east County of on the south-west by thf cinmv .? qa ''t ^',^^°^^ described, WolfJ"' cribed, and the north^JasterHmit^^^^^^^^^^ \«.^^7« des! ,bury, on the north-west by the Co„n,i- T'S^ 'P- °^ ^'^«*- Ibaska and Sher^rooke as above descriSl.1 ^^^^^S^^^' ^^^^a- by the south-eastern limits of thpT' ^^ '''' south-east Weedon and Stratford Se 'aid Co. Jr°?'P'. °^ Dudswell, thi Townships of Wolfestown H?m «^ so bounded comprising h-^Ham,Wotton,Ga;;h°^:fe^^^^^^ 40. The Town of Sherbrookp shnli f *u .ct, comprise the Town of Sherbrookp ^J* /he purposes of this Town of .d the whole of the Townships 7oS and ffi^^^^ ''""""'- [he L^:'; ofTeI:'e a^Xrd^^^^^^^^^^^^^^ - *^« eastby County of he limits of the Province on thpnfi^' "'^ ^^'^ south-east by <-Won. Ivolfeand -SAer/^rooirandThl Tow^^^^^ Counties of Je^cribed, and on the somh-wes^brthf ^^''^'^^^^ as above Emits of the Township of C^mpton^tt'rfi'™ ^,^^ «°"^h^'« Township of Clifton and thpTill ' . • .^^^^hern limits of the Mord V the si d Colt srbouT^^^^^ '^ ^^" ^^^««»^iP of ^i-, Marston, ChJK^?-^^ ^^1*1 :sLsfeld%\^^^^^^ Townships Countyof est. ' "^"ey, warlord, and Magog East and Sian.te«d. J 43, Billon, ,^-le'dTvld'iJSrt;,:^"';.^^^^^ purpose, of .M, c^«,., F" and east bv the Counties "nP<5V.oF'j """ """naea on the ^^i^wquo,-. j . .uie bounties of Shefford and Stanstead as abovft J 44, let 134 ^^P- *^^' Parliamentary Representation Act. 16 Vict. above described, on the south-east by the limits of the Province, on the south-west by the western limits of the Parishes of St. Thomas and Clarenceville on the River Richelieu, the north- western limits of the said Parish of Clarenceville, the south- western limits of the Township of Stanbridge, includmg also that part of Notre-Dame des Anges which is in the Seigniories, and the north-easteni limits of the Augmentation of the Seig. niory of Monnoir, thence on the north by the southern limits of the Seigniory of St. Hyacinthe, and thence by the prolongation of the rear line of the said Seigniory of Saint Hyacinthe to the southern comer of the County of Shefford. Etet mding. The East Riding of the said County of Missisquoi shall comprise the Townships of Bolton, Potton, Sutton, Brome and that part of the Township of Farnham which is to the east of the prolongation of the rear line of the Seigniory of Saint Hyacinthe, {Amended by 18 Vict.^ cap. 76, ». 13, as follows : XIII. The East Riding of the County of Missisquoi shall hereafter ftrm a separate Electoral County under the name and designation of the County of Brome.) Weit Riding. The West Riding of the said County of Missisquoi shall comprise the Parishes of Saint Thomas and Clarenceville, Saint Armand East and West, Notre Dame des Anges, the Village of Philipsburgh and the Townships of Dunham and Stanbridge, and the Western part of the Township of Farnham. {Amended by 18 Vict., cap. 16, s. U^ as follows: XIV. The West Riding- of the County of Missisquoi shall hereafter form a separate Electoral County under the name and designation of the County of Missisquoi.) 45. The County of Richelieu shall be bounded on the north- east by the County of Yamaska as above describedj on the south-east by the south-eastern limits of the parishes ot Saint Aime and Saint Ours, on the south-west by the south-western limits of the said parish of Saint Ours, and on the north-west by the River St. Lawrence, including all Islands in the said River nearest to the said County of Richelieu, and wholly or in part opposite thereto, except such as are hereinbefore annexed to the County of Berthier ; the said County so bounded com- prising the Town of William Henry and the parishes of Sorel, Sainte Victoire, Saint Aim6 and Saint Ours. County of 45. The County of Saint Hyacinthe shall be bounded on the St. Hyacinthe. north-east by the north-eastern limits of the Parishes of Saint Denis, La Presentation, Saint Barnabe, Saint Jude and Saint Hyacinthe, on the south-east by the south-eastern limits of the Parishes of Saint Hyacinthe and Saint Damase, on the south- west by the south-western limits of the Parishes of Saint Damase and Saint Charles, on the north-west by the River Richelieu • 1 J- -11 f~1«r!'^'^ in ♦1'" eir>i/J 'Riiro''' pf ioViolipn noqrpaf tn flTlfl I lying County of Richeueu. 1853. Parliamentary llepresenlation Act. Cap. 162. lying wholly or in part opposite the said County the said I ^e^Parh^fo'frn^^^^^^^^^ I --;on, saint Barnab.,&^;,r^Xln^^^^ JtVthe'^SVof'^^^^^^^^^ - the north. Cou„..or far as the northern^angle oflf SSf of 11^^^^^^^ ^« ''"""^• by the north-eastern limits of the Pa hes of Saint rr'-'^'"'^ Saint Paul of Abbotsford, on the somtLfbyX CountTes' o^f Sheftord and Missisquoi as above described and by the southern limits of the Parishes of L'Anee Gardien Saint r^l ■ southern Marie and Saint Mathias on the sonth "',!. ?^'^T' ^^'"^« west by the River Richelie'u^ tclX'T irin^^^^^^^^ River nearest to or Ivino- wlinllv o^ V? a^i islands in the said C„u„.y; which -/^°u„T^i^ b^naS VT^ 't t^ Parishes of Saint Math as, Sainte MariP «!n,-«V h-i -^ o • east by the County of ShefTord as above deser bed, on t Je south' ::^:^^Z'cLX^^rt^ descri.e'd,^ajj Tt .^ed ; whi Jh said Co^^Jiylotu^^^^^^^^^^^ and Saint Pie. iAmended ty ',8 Vic^^Tap:'^^^^^^^^ 135 S'^'thfS^^?^£f:.S^!!.^!.b-ndedon the north- Cou^f weS'by the Countv nfTn!"^^^ ^" ^^^^^^^ °» the north- Coun. 1 oytne county of Rouville as above describeH nn Vhl 'bervi north-east and south-east by the Countv nf M?^- - ' °, *"® described, on the south-welt bv thp R T. p^'f* v^''^' ^^ ^^°^« all Islands in the said R?verne/rpSr' ^'f^'^'^"'J""^"^^"g part opposite the sa d Coumv • X ° T >^"^. ^^^^^ ^' ^^ shall comprise the Parishes of sfr^ /?t"''*^ so bounded Alexandre, Saint Alhanase Safni r , ' ^^ ^^ HenryviUe, Saint , aim Ainanase, feaint Gregoire and Sainte Brigitte thi Parishes of Vn«.nn.T V I V "1? ^° bounded comprising Marc, Sal'nTAntorcrd'.WojSV'^™'-^'"'^'' "»'-''- S»-^ 61. Coonty of Beauharnoi8. Cap. 162. Parliamentary Representation Act. 16 Vict. 61. The County of Chambly shall be bounded on the north- east by the County of Verch^res as above described, on the south-east by the River Richelieu, on the north-west by the River Saint Lawrence, on the south-west by the south-western limits of the Parishes of Chambly and Longucuil, including all Islands in the said Rivers Saint Lawren* c and Richelieu nearest to the said County and wholly or in part opposite to the same ; the said County so bounded compi iing the Parishes of Boucherville, Longueuil, St. Bruno and Chambly. 62. The County of Laprairie shall comprise the Parishes of Laprairie, Saint Philippe, Saint Jacques le Mineur, Saint Isidore and Saint Constant, including the whole of the Indian Lands of Sault Saint Louis, and all Islands in the River Saint Lawrence nearest to and lying wholly or in part opposite to the said county. 53. The County of St. John's shall comprise the Parishes of Saint Luc, Blairtodie, Saint Jean, Saint Valentin and Lacolle, including all Islands in the River Richelieu lying nearest to and wholly or in part opposite to the same. 64. The County of Napierville shall comprise the Township of Sherrington and the Parishes of Saint Cyprien, Saint Edouard and Saint R6mi. 56. The County of Chateaugai shall be bounded on the north-east by the Counties of Laprairie and St. John's, and on the south-east by the north-western limits of the Township of Hemmingford, on the south-west by the south-western limits of the Seigniory of Beauhamois, on the north-west by the south-eastern limits of the Parishes of S-int Louis, Saint Timolh6e and Saint C16ment, and again to the south-west by the south-eastern limits of the Seigniory of Beauharnois, again on the north-west by the River Saint Lawrence, including all Islands lying nearest to and wholly or in part opposite to the same ; which said County so bounded shall comprise the Parishes of Sainte Philom^ne and Chateaugai, the Settlements and Parishes of Russelitown, Saint Jean Chrysostdme, Sainte Martine, Saint Urbain, Saint Malachie, and the remainder of the Seigniory of Beauharnois, with the exception of the Parishes of Saint Clement, Saint Louis and Saint Timoth6e. 66. The County of Beauhamois shall be bounded on the north-east and south-east by the County of Chateaugai, on the south-west by the south-western limits of the Seigniory of Beauhamois, on the north-west by the River Saint Lawrence, including all Islands nearest to and wholly or in part opposite the said County ; which said County so bounded shall om- prise the Parishes of Saint Clement, Saint Louis de Gonzague and Saint ^imoth6e. 67. 1853. nearest to Parliamentary Representation Act. Cap. 152. 187 JtLIst^'X^^^^ bounded on the Co.., or of Saint John's and Napiervillp nn T^^^f ^"^ ^^''^ Counties HuniiJgdon east by the County of ChaSai ' on k^ ^'^'^^'^e^t and north- the County of Bea^uhamSCS on the Sorr'^-""'^ ^^^^« by River Saint Lawrence, include all Isla^^^^^^^ ^«^^« by the County and wholly or in 7^nolt£^f\?^^'''^ ^" ^^e said County so bounded comprisTn/Te In^- ^ ^^f ' '^^ ^^^^ R6gis the Village of HunSngZ and^h^T ^^?-' °^ ^^^^^ —ester, Elgin, Dundee, ^inehintre InTjitr/g^ord" of^uS^^^^ Seigniories Co..o. s^f^ RigauraSrth'^^.^ ^^-*' ^'^ -"--^ third and fourth ranges of the TowmhJr! ?i ^^^^ ^"^' «^««nd, Vaudre^uii. mentation ad.aeent.^ (^-.t J^M^^^^^^^^ -£ e,gh ranges of the Township of New "nanS it f ?^' ''•'^^' ««^«"'h ^n^l ?.. ft ".'' /^« «?'"fl Township o/Newrorandi.,«'^J^''^"' augmentation, heieafter included in the said cSunty orVaudreunV"^"'^"'*''""' '*'^" ^« >#| liil^iTZpf WstS' S'"^="''°' ."'"P"" »" 1." place. „„w » """""."".with the excepiioa o" f& rltv 7'S''' '''"' '^'^d '"°°'""- \f ''l=»'"ls lying nearest to and whollv2- ^''""f^al, and Parshes of Longue Pointe, Pointer fv^ ^^^,,C^ty, and the XVI. \ 138 ^'^P' ^^^" Parliamentary Representation Act. 16 Vmjt. XVI. The Hooholnga Killing of the County of Montreal aliall heroafter form a separatH Electoral County under tho name and designation of the County of Hocheiaga.) Weit Riding. The Jacquca Cartier Riding of the said County of Montreal shall comprise the Parishes of Lachine, La Pointe Claire, Sainte Anne, Sainte Genevieve and Saint Laurent. {Amended by 18 Vict. c. 76, 5. 9 4- 15, cw folloioa : ^ IX. The Jacques Cartier Riding, of the County of Montreal, in addition to the places now compriaed therein, shall hereafter also include the taid Isle Bizard. XV. The Jacques Cartier Riding of the County of Montreal, shall Iiere- aftt r form a separate Electoral County under th« name and designation of the County of Jacques Cartier.) City of Mont nai. 62. The City of Montreal shall br comprised within in its present limits. IL {Relates to electoral divisions of Upper Canada only.) Representa- tion nf the se- veral Electo- ral Divisions in L. C. ♦ (By 18 V. c 76, ■. \6, call- ed Charle- vinx). Counties having one Member each. United Coun- ties. *{By 18 V.c. 75, 9. 15, call- ed Saguenay.) Ridings. Cities and Towns. GPINERAL PROVISIONS. III. And be it enacted, That in Lower Canada, the Counties of Gaspe, Bonaventure, Rimouski, Temiscouata, Kamouraska, L'Islet, Montma^y, Bellechasse, L6viH, Dorchester, Beauce, Megantic, Lotbini^re, Saguenay, * Montmorency, Quebec, Portneuf, Champlain, St. Maurice, Maskinonge, Nicolef, Yamaska, Berthier, Joliette, Montcalm, L'Assomption, Ter- rebonne, Two-Mountains, Argenteuil, Ottawa, Pontiac, Comp- ton, Stanstead, Sheftbrd, Richelieu, St. Hyacinthe, Rouville, Bagot, Iberville, Verch^res, Chambly, Laprairie, St. Johns, Napierville, Chateaugai, Beauharnois, Huntingdon, Soulanges, Vaudreuil and Laval, shall be represented each by one Member in the Legislative Assembly ; the United Counties of Chicou- timi and Tadoussac, * by one Member ; the United Counties of Drummond and Arthabaska, by one Member ; the United Counties of Sherbrooke and Wolie, by one Member ; the Easl Riding' and the West Riding of the County of the Missisquoi, and the Hocheiaga Riding and Jacques Cartier Riding of the County of Montreal, each by one MenAer ; the Cities of Quebec and Montreal, each by three Members ; the Town of Three-Rivers and the Town of Sherbrooke, each by one Member ; {Sects. IV to XII do not relate to the Municipalities of Lower Canada.) ANNO DECIMO-OCTAVO VICTORJ.^ REGlNyE. CAP. LX XV I. An Act to amend the Parliampnfar^ o of 1863. ^ar'iamentarj Representation Act [Assented to Wh May, 1856.] W'S^L^^irpTsln t^^r ----ee, tor,ea«U.e. Majesty's Reign, intituled TJ^ At / sixteenth year of Her 0/ \he 'people f/m^frok^l i"' ttf^'^V^^^^^^^ »« V. c. t58. enacted by the Queen's Xntrvnl^^.Tf*' '" ^^ '^ ^^'^refore tl,o advice and consent of XLel^l^^^ ^y ^^^ ^^ith Legislative Assembly of he PrS.rr^^^"?"'^ ^"^ o^the and assembled by virtue of and^ynT ?I ^^"^^^' constituted passed in the ParHamenTo^the UnS °^ ^° ^^^ and i^ he.b, enaCeU b^rl^L^f.^^Sr,! S.^:! now comprised the«Mn ^u^u^u ^^ ^^'^'on to the several Dlaces Alterations in Upton in the Parish of 'J^ T^''^^''f ^^«° ^"«^"de the Gor^ of I'^^k'T '"'" taLd from the County of J^Z^^ ''""*^""^' hereb/ d^- o^^" ^--" Yamukn. as aforesaid to the County o[Y^l^tw. j "I ''P'"" annexed of U. Township of vAlZr:^^^aX ISt^^ l>laces now cZplfd'^r«i!,7e"xS hf '"■"'"? •" ""e several Tw„ M.»„. shall hereafter a so include h^ P„ ^i "ereinafler excepted) "!»•• « tS,. Hermas herebri^t fedt'^'Zl?"!"" /'-ide an^d 140 ^^P* '^^' PO''''^io,mentary Representation — Amended. 18 Vict. Argenteoil. V. The County of Argenteuil, in addition to the several places now comprised therein (except as hereinafter excepted), shall hereafter also include that part of the Township of Morin , which lies to the South-west of the line between lots numbers twenty-four and twenty-five of all the ranges thereof, and that part of the Parish of Saint Jer6me which comprises the C6te Saint Joseph, Saint Eustache, Sainte Marguerite and Sainte Angelique, but shall not hereafter include the Parishes of Sainte Placide and of St. Hermas hereby annexed to the County of Two Mountains. Soulangea. VI. The County of Soulanges shall hereafter comprise all the places now included therein, except that part of the Town- ship of Newion and the augmentation adjacent, which are hereby annexed to the County of Vaudreuil. Vaudreuil. VII. The County of Vaudreuil, in addition to all the places now comprised therein, shall hereafter also include the fifth, sixth, seventh and eighth ranges of the Township of Newton and the adjacent augmentation, so that all the said Township of Newton and its augmentations shall be hereafter included in the said Coimty of Vaudreuil. Laval. VIII. The County of Laval shall hereafter comprise all the places now included therein except Isle Bizard, designated in the Act hereinbefore cited as Isle Bizarre^ and hereby annexed to the Jacques Cartier Riding of the County of Montreal. Montreal IX. The Jacques Cartier Riding of the County of Montreal, tier^kifDe^." ^^ addition to the places now comprised therein, shall hereafter also include the said Isle Bizard. JNameof Cty. X. The County now called the County of Tadousac shall changS*' hereafter be known and designated as the County of Saguenay. Name of Cty. XI. The County now called the County of Saguenay shall cha^iTleT'^ hereafter >-e known and designated as the County of Charle- voix. Name of Cty. XII. The County now called the County of Sherbrooke shall *h ^''®'5'"°°''* hereafter be known and designated as the County of Richmond. County of Brome, County of MUiisquoi. XIII. The East Riding of the County of Missisquoi shall hereafter form a separate Electoral County under the name and designation of the Coimty of Brome. XIV. The West Riding of the County of Missisquoi shall hereafter form a separate Electoral County under the name and designation of the County of Missisquoi, XV. 1855. PorliomenlarySepresentalio.^Amended. Cap 16 name and designation of ,L County rfTj^^^^y^V^f' «he ,^c,-5c.. designation of the County of Hoche W^ *° "^"° »"'' •'"'•V- Paritamen" ox inC'jn1l^^''V"'"''»'J » "'-r Acts of jhall be suffieien" .rus'eTer;ieSi:n"'^f¥.f P~»g, ^-^^ Representation Act of 1853 » and in !?? -. Parliamentary amended Act. present Act, it shall be sufficient tn^!-^ ^".^*^® manner the liamentary Representation A^ndmetT^^^^^ ^«- i THE SEIGNIORIAL ACT or 1854. (18 VICT, Cap. III.) AJTD THE SEieJVIORIAl AMEMEJVT ACT OF 1855. / 1 R VTnm « X-- r *WA. t;ap. Uiil.) ,#5;- i?%. An Act f( Lower ( w HER duti Censitaire o tion to the h his, and wh in considera tlie Province dutiet! and tl the properl}' expedient tc clmrges, mo press most I their very n able without Be it thcre/or by and with and of the L( constituted a of an Act ps of Great Briti the Provinces mc.nt of Cana he same, as f I. Tl)e Act Reign, intitul taiion of the U Fiefs til Lowe the Act passei and intituled, of Her Majest ' lUute optiona ' the Seigniori ' aluu roturiur. ANNO DECIMO-OCTAVO VICTORIA BEGINS. CAP. III. [Assented to mh December, 1854.] (;.««/toV. or upon the Sei4i"or 'an^ to ^^T^^ "P"" ^^e tion to the latter for everV Sc ative Iht'^'h-'t^?'' compensa- hi, and which he will Le t;''"u'eh Ibolhfon VT V'^^^'^ in consideration of the great -idCnniL ° u' ^""^ whereas the Province from the aSon cHe^^l^id"^^^^^^^ T'' ''. duties and the substitution of a free Lu/e for th^f Rights and the property subject thereto hath SofSrhelrh:^^^ expedient to aid the Censttaire in the redZnt^nn ^ " • J charges, more especially as re-ards fho!o P ? °{ ^^^ ^^'^ pros? most heavily on Ldustrv and inf "^^'"^ "^^''^ ^^ey their veiy nature^be otherwS mn^" • P"^."' ^^"""^ ^•""^ able without grievous hardsZ-n .^H ' • """^^^^^^ely redeem- ' Be it therefore enacted 1^^ hrXeen^^ M"""'/ p' "i^"^ ^^^^«-- by and with the advice aVd consem of^h. r^''- 1"^-"' ^^^^''y^ and of the Legislative IssembTyTf fh fpro^^^^^^^ constituted and assembled bv virtue of LV f u^ Canada, of an Act passed in the Pad aTem of 1 itV^/ ^''T^^^ of Great Britain and Ireland an HntLnL F^'T^ Kmgdom the Provinces of U/weTmdLoml intituled, An Act to re-umte nmt of Canada, and iHs htX eZh T'^{'' ^^' ^^^^'"'^ he same, as follows ^ ^""^^^^^ ^^ '^'^ authority of Reign!'Tnthld^''j:^^j,^;^.,f^^^^^ o^ Her Majesty's Acu 8 V. Fiefs m Lower Canila ^o thTo7 In^^^^ Seigniories and the Act passed in the iZL^±^^^^ and 12 V. W\ '^>.rour,r,' -bail .4 Ia\t;:«^r;f2;':tt^,f/™- „ Irj r - r r> ail Tsv iar in f Ail :is;-j i46 ninripfl to whii'h thi'* Aci exlendd. Cap. 3. Seigniorial Act of 1864. 18 Vict. as regards the Seigniories to which this Act applies : but deeds of commutation granted or other things done under them shall remain in full force and have the same effect as if the said Acts had not been repealed. DETERMINATION OF THE PRICE TO BE PAID BY SEIGNIOR AND CENSITAIRE FOR THE COMMUfA- TION OF THE TENURE OF THEIR PROPERTY. iniiMiionen. Governor to II. It shall be lawful for the Governor to appoint Commis- app.iiiit Com- sioners under this Act, and from time to time to remove them. and to appomt others m the place ot any so removed, or dying or resigning office ; and each of the said Commissioners shall, before entering upon the duties of his otiice, take and sub- scribe, before a Judge of the Superior Court, the following oath : Their oath of office. « I^ , swear that I will faithfully, and without " partiality, fear, favor or affection, perform my duty as Cora- " missioner under the Seigniorial Act ol 1854." Remuneration. HI. The said Commissioners shall receive for their services under this Act, and for their necessary expenses and disburse- ments, such compensation as shall be allowed to them res- pectively by the Governor, and no other fees or emoluments whatsoever. CommiB- IV. Each of the said Commissioners shall and may act as ^n'lh'^s^ *"* ^^^^^ '** ^^y P**^ ®^ Lower Canada, and they shall be aiding nio'ries 1^-^ to each Other, so that any one of them, if need be, may con- Mgi» d ti. iheia tinue and complete the work begun by any other of them; """"'*"'*''"■ but subject to this provision the Governor may, from time to time, assign the Seigniory or Seigniories in and for which each of them shall act. (See also 18 Vict. Chap. 103, s. 6.) reKpectively. Thry shall Wiike a tirhe- (hil>' of rach C?> igniory, liiu wing : THp total v.ilue of the Seigniory ; The rjdiie of the rightB of the Cmwo theiein; V. It shall be the duty of each of the said Commissioners to value the several rights hereinafter meniionod, with regard to each Seignioiy which shall be assigned to him as aforesaid by the Governor, and to draw up in tabular form rn triplicate, a Schedule of such Seigniory, shewing : 1. The total value of the Seigniory, that is to say of all the property and lucrative rights which the Seignior holds as such, whether as Seignior dominant of any fief held of him as sucli Seignior or otherwise, including in such total v due, the value of the rights of the Crown ; 2. The value cf the rights of the CirowD. in the Seignior)-, including the value of the droit de quint^ > ; d all other valuable rights of the Crown therein as Seignior an(;-uleu roturkr ' '■ .. ofl 1854. 147 Seigniorial jict of 1854.,^ , Cap. 8. of all unconceded Janrf«« iiroto.c j Sewuur's righls iKrein, a° .lev ma'v Z *^ '^'"^ "' ">= dcc,.„,,s„f,hcJ„dges,i„de,f^^prLiSLrernX?^iie'! ►jciguiory oe an arrv^re-fief ; Seij^mor oom 186 Seijjnior dortd- naiUi •namh. ln/\.r ^^,lu^.''^ "* ^^"^ onginally conceded ««. «' Y.iue of t& that is to say, each p "reel onlT'"'- ''^^1' "P**° ^^^''^ J^"^ '^''«y-'7 separate lot/or actuK owLh . T^'''-^^'^ conceded as a ^"l^^of the So edale by'a ^'^e^nT^^^^^^^ -^-g the fcL, value of the /ods et ventes ~-.\L ^r"i ^ severally,— the yearly ^^i droit de hamfite, and of The exd.f.^" ^ •'"J^"" ^^^ ^«y) «f the .>.e Seigniory Js di.tlgSL^'dtrn%L'1iL^^^^^^^^ - powers, jf such rights be repntr,,;^!^ u J^ , *** the water Judges who are to laau\^ oHh! i«m \'^^- ^'"^«'°" «^ the but not otherwise,-??" vearlvvahr ^/^^^^''^^ter provided, . other fixed rights,' and of^anv oth^^? « u ''^" '^ ^'""^'^ ^nd land may be^subject ■ burfhe X '/^f^ ''^^''^" *« ^*^i«t» the deemed a lucrative Hg'ht; ' ''^'"^^ '*^^" «°t be purposes, or is a mere emplacement or bunlf^Lff^^^^^"'*^ * ^'^^^^Xf^:^^ii:^^ HO... .. , owner from the Seignior, subiecf n .i>® J^ ^ *^^ **tle of the «h»r^ «„ . l^reindter mentio,;^d. If ^ucIT deS^ SlJ-^f^t '"^^^ ^^^" ' the rights of the Seignior under the sairJ t,^ i \ ^'^l ^'™^t ed; I sence of the title of the owner fhl P ■ ' """"^ ^"^ the ab- . , . .nine the extent of the landTnd We Se?<^STr '^"" ^^^^^^ •^«"' " it is subject by such Books pL„«^ ?^ ^\i^x^,^B to which ' seconda.; evidLce as Ky ^^^l^^tT^r'' " °^'" be?; a'nd^toacett^^^ ''l^i:^^^^^ '^Tf'^''' ^ ^^« — ^^ -"> '- Jof the Seignior, (or f irbeor^^ t stands in the land-roll "^all be des- by the bes? brief designation the ^^l^^^^^.'P^^^" therein, then tt^^^^^ k) and the name o^heXner a^ir ''"""' "^" ^««'g« to "'' and in defanlt of informatbr^n Ly Tu^ 1" j^' ^.""^■^°»» ICommissioner may describe hJ^ i ^^'^ P°'°ts, the te opposite thereto the word « Commuted » "«««'««?/" |oininuted, and write opposite 1Q « "t^ 4*iia;»isil.^ vi: i4d Cap. S. Seigniorial Act of 1854. 18 Vict. Oenpral rule* for valuation. Cvts et rentes ami annual charge*. VI. In order to determine the value of the Seigniorial rights on lands held en roture, the Commissioner shall observe the following rules, namely: 1. The amount of the certs et rentes and annual charges shall be taken as the yearly value thereof; and if any of such rents or charges be payable in grain, fowls or other provisions or fruits of the earth, their average vahie shall be computed ac- cording to the average price of articles of the same kind, taken from the books ^t the . «:culive SuidavH »i tbn ^11- " ^*^,f«?»«.^y' <»"""& four cx)n- ^'■■^' """ >"^S^w*Vii «^ <^y^ ^vice in the V K 4' H ? ^HH H'i: HH ii J '^BB^HHh JM B^rAJi^^^BB^^B^^^B wtfttfgn^tM M^A^:jMHHB|g^MMVn| IM M^B JUn! ":"' IP^ ^'Im^^H 150 Cap. 3. Sdgniorial Act of 1854. 18 Vict. forenoon, or by placards in both languages, posted during four consecutive weeks, in the most fr«u]ufnted place in any Seig. niory in which there shall be no church. {See also 18 Vict. Cap. 103, 8. 6.) He nwy enter VIII. It shall be lawful for the Commissioner to enter upon "hepilrjiei all 'ands situate iu Ihii h- ;i,'niory the Schedule whereof is to l,e of the inquiry made by hir<. ';i nrtic- M make such exiimination theieof n^ may be nec^essary, without his being subject in respect thereof to any <»b8truction or prosecution, and with the right to com- mand the assistance ol all Justices, Peace Officers and others, in order to enter and make such examination, in case of o{)po- sition. Poweri of the Commis- sion era obtain- ini; informa- tion. Punishment of persons rcfuB- int! tu appear before them, or to give in- formation. Value may b« e-timnted by Experts if required by Seigniors or Ceniitaires. H.)W such experts shall hn araajinlMi. IX. The said Commissioners, and each of them separately, shall have full power and authority to examine on oath any person who shall appear before them, or any of them, either as a party interested or as a witness, and to summon before them, or any of them, all persons whom they or any of them may deem it expedient to examine upon the matters subject to their consideration, and the facts which they may require to ascertain in order to carry this Act into elfect, and to require any such person to bring with him and produce before them or any of them any Book, Paper, Plan, Instrument, Document or thing mentioned in such summons, and necessary for the purposes of this Act : And if any person so summoned shall refuse or neglect to appear before them, or before the Commissioner who shall have summoned him, or appearing, shall refuse to answer any lawful question put to him, or to produce any such Book, Paper, Plan, Instrument, Document or thing whatsoever which may be in his possession, and which he shall have been required by such summons to bring with him or to produce, such person shall for every such refusal or neglect incur a penally of not less than ten nor more than fifty pounds currency, payable to Her Majesty, to be recovered with costs upon sum- mary plaint by such Commissioner before any Judge of the Superior or Circuit Court, and in default of immediate pay- ment shall, by warrant of such Judge, be apprehended and committed to the Common Gaol of the District ibr a period not exceeding one calendar month. X. Whenever the Commissioner charged with the making of the Schedule of a Seigniory shall be of opinion that the rule? prescribed in this Act for determining any value which he is hereby required to determine, do not form an equitable basis for determining the same, or when the Seignior, or not less than twelve Censitaires of the Seigniory, shall call upon the said Commissioner in writing, within a period not exceeding eight days after the day fixed for the commencement of the inquiry by the Commissioner, requiring that experts be ap- pointed to determine the value of the Seigniorial rights therein, the sakl Commisaiouer shall <;ail a ptiblic-meermg of the Cen- ntam said ; and th( 1854. Sieigniorial Act of 1854. Cap. 3. tliereot; which he ^hJll g ve „ thf/ m '" '^^ P"^'''' "««ice Act vvifh respect to the ?Ziencem^"torhP"^''''^^^ ^^ ^^'« purpose ol appointing two ea^^/^r^^ ^^"- ^ho pointed bv the Seiffnk)r «nrl tfr .V "^ of whom shall be ap- case the Seignior or his a^ent Si It K '"^^*'"«:; anJ in meeting, or being preseT shall rir ^^ P'^f^"^ ** *''« «aid an ..A thesai^&S^sioner^hafr''' ""^'^'^ ^« W"'"' of the S, ignior, and smT .^/sha? h?.^!!' ""^ "" ^^''«if as he would have had if h7 hll I ^^^e the same powers nior, and in the event of the cll? "^ V^'"^ ^^ ^''^ Seig- to appr,int an e.r^^er/ o„"Uir b^hS X^/'^^^'^S^ °r neglecting i.ke .nannor app^oin .n tpeH^^'^i, for thrm?"" ''"" ^^ saL potvr :iri:" ^rto're'v^^'! ''^^^"^ — •- the rights as could be exSd by the Co"r^ '"" ^^ '^^ Seigniorial • 4t that they shall not in anv ca«e £7^"?*?""' '»'"«^^'' ex- said ; and the .aid ^letlZsZnl ""^ ^V^" """^^^ ^f^re- in case the two e^pert^ tSnf^lTZn" ^^^ ''^'^'^ '^"^ the third expert, then any Judire of ?h. ?:? ??'''''" ^° ^^ District in which tho SeieJ^iorv nr th ' Superior Court in the Nhall, on the applicaUrj^eiTh ^S^^C \^^^^^^^ days' notice to the other, aoDoint IxyJH Z!' a ^ ^^""^^ ^^^'" sums fixed by any two VS L' ^^ ^''t ^''P'''* ' ""^^ the the Se-gnioriJl rig'hts'Lt JJ^^l^f^^r ^^^^^ «f missioneras the value thereof and Xli i! ^ *'^® ^""^- 3. Provided that when the Seignior and thp r^ 3 - agree to appoint and elect or shah nnn^- * I (^f^^tatres shall Sol.^,^ same expl.rt, «uch soirip^/sha hT ^^ ^^'^ elect one and the "''^ S..„. .hethree\..,../.s. wor 1 havt hid a^rh^ V^"^? P«^^^'« «« final: And provided .Iso that th^ rt ■' •'^''^'''°" ^^all be . . . Ipointed eithir third e^ dl^^ok L^^l^^^^^^^^^^^ "^^^ ^e ap. Ji^^-- ^ ' • third cxpett 4. In the event of one of the said exnerh dvm„ k lincapacitatcd, or refusing to act thp Tnn^ ♦ ^ ^' becoming c««. of e.r;«/, (of another in his stead shall bTnmotJP^'"^."* °' ^^edtioS ''ying, *..^. " Uve prescribed, exceS haUtsh. 11^^ ^/'tJ" ^^^ '"^""er '''"^•^'^^- Ml a public mee.'ing of^tie^cStol j fL"?L^ "^•^"^^^'^ »° an cxpnt in the stead of the ne^nn ^"^ appointment of but if the Seignior refuse L^^^^^^^ S^'gnior ; pomt another expert after havinS k ? ^^S^'" ^a)'s to ap- Co.nmis.ioner, fhe 'comL^Si s'h'Lr"'''^ '° *° ^° ^J^ ^h^« behalf of the said SeignoT ; ^^"'"^ ^" "^^^^' "ti (51 Powcm of expats. Thoy iiit;,|| not b« l)ouini by ihf fiiregoiiiff rules. Third expert. The valufl filed hy fhom to b.« rntfred in the Sthd- dule. i •^ •..•^•^ .. -«.-*vl.\.^ 152 Cap. 5. Beigniorial Act of 1854. 18 Vict. And iftha Co iimitfioner bu ihu txpert. Feoi of ixperlt. Comminioner 5. If the Coniniif»!^av ^5*iiiiAtwii..«»viJ* i«^ v>>-uf»u j .♦,•..- ^ ..-. . ' to remain or be estAbliehcd Proviso : Seigniors not to concede hi-fore the Scheduln is Completed. 1854!/ 8f Seigniorial Act of 1854,. Cap. 8. ir^^ f^ertafn powers as to •aking land for lulls, lo remain if made "fter rhe deed of concession. Proviso ; Owner of land ar<-k^^.|'i^'wh^l alio 1 1 Ko ri^nilirPQ I Copies of counter ques- tions, &e. to 1)1 furnished to all parlies. iWV fi.Vi.'h.JU* |JiJWp-w»A"^-T* pfifeiviWi^y ■< .1 J.M/- i^- 1854. ■Mi Seigniorial Act of 1854. Cap. 3. lo7 previously to such hearing- no iPPhn,-.o7 u- • dure 8hall be entertained Lh if I ' objection of proce- proceedings in any Sr aof nrn "5 TT'^f arise as to the Judgessittingshalf/jr/er r^a^ Sot' V""'' ^^*' '^' seem most equitable and convenient, "" ^' ^^^^^ 8. The decision and opinions of fh» -oj t j moft-.^..and delivered as in aludgmem on L Z"^^"" ^^^"" ^^ '^-"f which all the Questions had arSTnr? ^^^'" ^PP^^^ '^ d«'='"«"«- without any further senlencein W of Th'e7"' "' ^T^' ^"* mors or the Censaaires, -Aether t to :osfsV^Xrwt^'"^■ 9. The decision so to be nrnnr* i Questions and Propositions shall Sethe?.^^'''' °^ '^^ «^^^ Afreet of decj: the Attorney General, and sha Mn .! °"?'"'*^'«ne'-« and «ion«- to arise, be held to haVe been a "dmn^ f^l"al case thereafter ressart on the point raised by £0'^* ^" though N^tween other partts • ProL^f '""' ^" ^ "^^ '^ase, be competent to the said Judges to rpn.l ^'^^^y^' '^'^t it shall Proviso. «Fn any particular question ofquestTons TT""'^ decisions that if, as to any such deci'ioT HpI'k ""* P'°^^^^^ a'««» ''-^'-^ in Judge, either parly may Sin ' n ^^'^"^ dissentient^hat.-a., a„ petition duly notified Tfhe ote^^^^^ ann.7T^' ''^ «"nimary Sr' ^'"" to Her Majesty in Her Privv r ' ^-^ ^t ^"^"^ «»«^' decision shall be noVpeal from an^YucS decision'"' °^'""^^^' ^^^^ PrlmaUotX:tTspecTaT 'T "^"^ ^"^ ^^^^ ^° time, : y l.held at th'. City o^Q^T ^'orluhe S tv'.ft' '"^^^ '^ to commence on the day to be nmnp 1 f /u^ «f Montreal, and Proclamation, which shall be issued it?' '^^' P"'*P«^^ ^'^ ««<^h before the commencement of sucTshpITc *'^'"'>' ^^^^^ days snch Special Session all the nrov ' fj^. ' 'f ^k"'"'*'" 5 and to any the said Court of Queen's Brnch and of /^ ,^"' ^instituting to the ordinary terms of t^ie tiS Cnlt^.^^^^' ^^*'» '^S^'^ apply ; except ?hat at every uchSpe^|,Ts ^^^^'^ •'^"^^^ ^^all said Judges shall be a Quorum and i n'''°"' "'"^ ^^ ^^^ posed under this Act, and no other hi Q»^/^»^"n8 to be pro- Ht such Session ; aid such sl ^TT^^ ^"^^^^ ^^ taken up until no further matter "'oceSt^et""" ^^»-" -^tinu^ be 5efore the said Judgesrwlm .hfll It "^/°c'^^« ^^^ ^^all special Court for tlm pu?po e^of thii a .'" n ^^'''"" ^"^^ a l^^at if for the purpose ^ofholdiiJ«n; ^^"^ided always. Court of Queen's Bench or sSorC?; f"i, either of the ^7 to suspend the siltinl of sn^h « "' ^'.^^^^"^^ «^«es- udges shall adjourn such Social S^sion&r !''^'^""' '^^ r rendering judgmenL m/ V i 158 Provifio : nVrni* otolher Cou't may Iw fiUi»|M'nil«'(l,'a<)iX! PROVINCIAL APPROPRIATION FOR RELIEF OF C£A'. SITAIRES AND EXPENSES OF THIS ACT, .. , XVII. The emoluments and disbursements of the Comniis. sioners who shall be appointed under this Act, with the ex- penses to be incurred under the same, shall be paid out of the Consolidated Revenue Fund of this Province, by Warrant of the Governor : and a sum not exceeding in the whole vvhai shall remain of the amount hereinafter limited after deduc-jng thereirom the said emoluments, disbursements and expenses, may likewise be paid out of the said Fund for the purpos^esof this Act : and it shall be lawful for the Governor in Council to cause any sum or sums not exceeding in the whole the sum required for defraying the expenditure authorized by this Act, to be raised by Debentures to be issued on the credit of the said Consolidated Revenue Fund, in such form, bearing sucli rate of interest, and the principal and interest whereof shall be payable out of the said Fund at such times and places as the Governor in Council shall think most advantageous for the public interest : and the moneys so raised as aforesaid shall make part of the said Consolidated Revenue Fund of this Province : Provided always, that the total amount of moneys to be paid, whether in money or debentures, under this Act, shall not exceed by more than one hundred and fifty thousand pounds, the sum of which the average yearly proceeds of the other sources of Revenue hereinafter mentioned (upon an average of the last five years) would be the yearly interest at six per cent, per annum added to the value of the Crown's rights in the -Seigniories affected by this Act. , -i,.,,,. JO VilUJ^ feliS VkBtH-H .i^UiUiy^l- 1854. Seigniorial Act of 1854. All moneys arising frr.rv. *u i of which Ihe Crown is SciLior /! •"'' "P°" "»-' Seigniories '" 4.2'. 'hTr""'"? ?^ ""^ Acta! such^'zrf' r^ ^^'"^^ =»■ "'o Scliedales of the said Sei-^nlnW.? " **''" '«' fixed by ihe of 5«ch dues ; "e-^niones respectively, and all arrears All moneys arising from the n. Lauzon, "/om the slle of^ny'rt Iflhr "'^'i" ^^'Sniory of U„»„. may hereafter be sold, and alfPr^rs o'/sS R:^^,^ '^'' "-"-'" wt'lCTa ,^'"="'™ °»«- -d Anctioleers. A„....„„.. All moneys arisinff in f n n spirituous, vinous or fprmonf^I^/i-^"^^^ ^'"""^ licenses to c«n » "P--- i"e.,C |«evcral Setgntones, in the followfng „,"i„',^; Cemitaires in the 'Separate ac- «<>ui;ts to be "fl't With a view to an "ppriipriation wr Upjwr Canada pur posts. 2. The sum to be p*;tnM.ck j :'»wn in each Seigl^,'^t ^^ "'" .^?'«« "fhe right of the «vee„theabsolule%rj;r5°'-'^-''!'''. »-i ihe ,!iffi.?i ™ How the mo- "•T h ''ac h ^!^.^. gnioiy !n h,^ given" the 160 Cap. 3. Seigniorial Act of 1864. 18 Vict. therein, in the value of the Seigniors' rights therein, shall be app.oprialed reduciion of jn aid of the Ce«.s?7am.s of such Seigniory in reduction ol the commuiatu.n ^^^^^^ constitutes representing the fads et venf.es or oti er miita- ZS! tion fines therein, by an equal per centage of reduction on each such rente ; Reoaim'er aniuni; all the Seignioriei in propi'rton to the charges on each. How the aid •hall b?5 ap- plied: 3. The remainder of the said Special Fund shall be appor- tioned by the Receiver-General (among the several Seigniories to which this Act extends,) giving to each an equal per centage on the total amount of the constituted rents established by the Schedule of each such Seigniory, after deducting the value of the Crown's rights therein ; And the sum as apportioned to each Seigniory shall be applied by the Fleceiver Gene- ral in the following order, which shall be the order of charges thereon : ToreJemption 1st. To the redemption of so much of the said rentes comli- ofcoinmuta- f^^^^^ representing' the lods et ventes or other mutation tines tZZSsf in the Seigniory I. ^nay remain after the reduction made by the application of the value of the Crown's rights as aloresad, by an equal per centage of reduction on such remaining rentes in each caso ; Ofb.malily; Oi unset rentes exceed- ing Id. per ar|ient ; Reduction of rerUe in any cose; Sum appor- tioned to e- long tu the iSeigniois. 2dlv To the redemption of the rentes constituecs representing the Banality in the Seigniory, by an equal per centage ol re- due tion on each such rente ; 3dly To the redemption of the rentes constitutes representing the cms et rentes and other charges on lands held for Agricul. tural purposes in the Seigniory, by an equal per centage o reduction on each such rente co/w^eYwee, exceeding the rale of one penny half penny per annum, per arpent ; 4 The reduction of such rentes constttuees shall always be in proportion to the capital sum applied to ellect such reduction, the reduction being equal to the legal interest of such capital; 5 The sums so apportioned for each Seigniory shall belong to the Seignior thereof, subject always to the right of the | Seignior D(;wma«^ and shall be doah with in every respect,! as moneys paid in redemption of the rentes constiluees men-l tioned in the Schedule of such Seigniory, subject to the special provisions hereinafter made. ' APPLICATION OF MONEYS ARISING FROM THE RE i DEMI'TION OF SEIGNIORIAL RIGHTS, &c. ^,., XX. Every proprietor of a Seigniory who shall have vvithial ^^^^'^y . „ his moHvance another or several liefs, (unless the value ol bill K'^ou Sights has been entered in the Schedule thereof ), a.KU..^j Seignioriti. person having an hyp«th«cury claim ou any Ssiiimory *■ Oppositions to bf file I tiy 1864. Seigniorial Act of 1854. Cap. 3. Schedule relative to which shall K-. ^ the C erJc of the Superio Cotf in th^'iV '/^"'^ ^ '^^ «««« of Seigniory or part thereof is shuate ^n^*'J"'V'* ^^»^» «uch of his privileges, within silZnZ'fZ.VZ '^ P/^««'vation in the Canada Gazette of Uirdeootit n7 t l^V^ ""^'^^ "^tice Seigniory, file an opposition to fhedi«tnKr ^''^l^''^^ ^^ ^^<^^ arising or which may arise from h! "^'j^^^^V"" of all moneys rial rights in such Seig^ioJ ^^l^!;^^^ °f the SeigniL filed in the said office and h'avJXtf ?PP°«i*»o« shall be Effect and sooner withdrawn, or by Judgment nffh n ^'"^7 ^^^^'S' "n^ess ^^I'?" °^ if any such opposition^ Kn^td whh^n'"'' t""''''^ ' ^^ ''"^*""- thirty years, the opposant shall Zfy LendttJ7%i^"'" **^^" one single opposition ; and while «nn>. ^"^^^fd to the costs of main in force, any O^X^ who sh^^^^^^ «^.^" ^ - ciemption money, of the rpnu ZH fu / ^^^ *"e capital or re- do so a. his peril aU on 'pT^ S tlifhl"". ''''^'"'' ''■^' posant for any loss he may thereby susfaii? *"^ ™"'' "P" XXI. All minors, interdietpH r,o,.«^« even in the case of dowe^Tmyet^Tn (.^^,^7"' "T^"' ^''^P*'"- sLallbe al^o re^u^red'tr^t^^:^^^^^^^^^^^^^ to fie their opposition to the disTrrbmi^n of ^^^^^^ in the manner provided in the next n- l^^^ '^^^ tutors, cutators, husbands or otherfXt'^!?? '^*^"°» •• but to file such oppositions shall nev^r hSs .'" r""' "^^^^^^^^ ponsible towards the persons unXr tV ' P"^**""^ to be res- lor any loss which may result from th!' ' "^ '^'^^^ °^ authority I beliaif. ^ ^^"" ^'^^"^ their negligence in the said XXFI. If after the exnirafiz-wn «/ • of the first publication iX Cw/r^lT'*^'.' ^"^ *»^« ^^te [the Receiver General of "f ^^.'^^^ >«^^'«e of the Notice bv Seigniory in whicT such land STu^L V' ^--'^"^^ -^ th^ ISeignioiy produce to the Ce ver Genp'Jf' P««^«ssor of such by the Clerk of the SuperlorCourtwri^^.'^^^te, granted the Schedule relative to such Sei^n[* ^^^ '^^'^"^t in which |s deposited, stating tl^^t t"iere is^no ^' °'. ^ '"P'^^^te thereof, M the redeinption moneys n sue h^?.^^-^''''^? *« '^^ P^yn^en peneral shal pay to the said S.^^ ^.^'Smory, the said Receiver |eceiptthei.efo'r,^theam:um peignior out of the Special F.,n7 ^""".^y^ coming to such Ml. interest thereon, at six oer ^'^'^^^'''^ mentioned, omputed from the dLte of the said nn"!-' ^""^ /T""^' to be >igiiior shall have full riiJ^^^^t in r. • "'''' ^"^ thereafter the h.v///«a-.in his Se"mW dirr.?f''r'^' f ""^ «^ the r.«/e. odeal with such ren]^:i7ke':i:Sl'LlT '''^ ^^""'"■''^' ^^^ 161 In default of opposition, Seignior may receive his share of the fund, &c. And the capi- tal of the rentes cmuti' tuics. pL 'l!:Z^:JtJ:r^^T^ «^f . ^^ve asce. Ho. n.on, fie Special Fund iierehlnn?£.'r/"f..!" ??y .Seignior out ofi!?.««-e'V If' -"'-—- ^^^« oi H'e Ccrmtaires, STiJ.,, ^ and :f i 162 Cap. S. Seigniorial Act of 1854. 18 Vict. dealt with in and there shall be an opposition filed as aforesaid to the dis- cane ..I oppoti- tribution of such money, the Receiver General shall deposit a Hon filed. certificate of the said amount in the hands of the Clerk of the Superior Court in the District wherein the Schedule relaiive lo the said Seigniory, shall have been deposited ; and the said Court shall make the distribution of the said moneys among the opposants, according to the order of their hypothecs, and the preference of their respective privileges ; and ihe Receiver General shall pay the same to the Clerk of the Court to be dis- tributed according to such order, but the interest on any sum coming to a Seignior, and in the Receiver General's hands, shall always be payable to such Seignior. XXIV. All persons holding in mortmain, corporations, tutors, curators and administrators possessing lands held en roture, or persons holding entailed lands the rentes constitutes upon which may be redeemed with advantage to those whom they represent, may effect the redemption of any rente constitute under the pro- visions of this Act by paying the price of redemption out of the moneys of those whom they represent : Provided that tulors, curators and usufructuary proprietors {usuf rut tiers) and holders of entailed lands, observe the formalities required by law in the alienation of the property of the persons whose rights shall be represented by them ; but persons holding in mortmain aad corporation shall not be required to observe any other formality in or before the redemption of any such rente constitute than those prescribed by this Act. Religioui XXV. And it shall be lawful for the several religious or hoEg"""" ecclesiastical communities, holding in mortmain Fiefs crj StJijji.iories Seigniories in Lower Canada, to invest from time to time, as mny ii.yest ^^ey shall see fit, in any lands or tenements in this Province, monTyTa wal or in any public or private securities in this Province, whicli wiaie. they shall deem most advisable or advantageous to their I respective communities, any sums of money that may accrue to them from the redemption of any rente constitiiee cxe&m under this Act, or out of the Special Fund appropriated by tP Act. Corporations, tutors, &c., on)[)OWcred to pay off the ca- pital o{ rentes constUvees undtr this Act. Proviso. A9 rrspectt claims exist- inir before tho notice of depo- sit of the Sche- dule, and for ivhich opposi- tions rhait be filed, (he railef consli- tuees shall be dpalt with aa DESTINATION AND LEGAL CHARACTER OF PRO PERTIES AND RIGHTS HEREAFTER TO REPRE- SENT SEIGNIORIES. XXVI. In respect of all rights acquired in, to or upon, any Seigniory before the publication in the Canada Gazette oim notice of the Receiver General of the deposit of the Schedule oil any Seigniory in his hands, and for the preservation whereofi an opposion shall have been filed within six months from theP date of the said publication, all lands and real rights which at and immediately before ihe passing of this Act were lieMj by the Seignior as part of his Seigniory, all rights secured lol him under the Schedule ibereofj all rentes under this Act tobc| 1854. Seigniorial Act of 1864. Cap. 3. 163 created, all moneys to arise frnm «k« i . rentes, or to be received "v u sl; ^'^^^"^Pt^^n of any such by this Act to the a^hZs tvjrth" "^' "^ ^^.^ ^^^ granted onal right., duties and duef I^d !l. f '"^"""P^^"" «^ ««'gni- by such Seignior acquired as to r.n ^''T''T ^"^ ^'^ht? so be held and taken as^ though at^acfed' to t^ '"""'^^^' ^^^^" Seigniory, and as representlncr J„ph^ • ■ '^ '^omaine «,f such ofallrightsthereaJrtoaccme orforZT^^ *'"* ^'^ ^^'«P«et a. .,,,,, no opposition shall have been filpV?. • k- P''!«T^«J«n whereof o.her?S,. all such lands, rights rente, nt^ '^^ "^^'^^ aforesaid, l^.r'" H'« , taken to be, and shSll be 'o a^^ intentsTr^' '^^" ^« »'«'d and t ^r^;^- properties and rights; and it "ha, '-f ^ • ^^'"P^"dent »-•• '^^^^ person, in order tS the holdinL rl ^'^ requisite that any Ihereof, should quuHfy Sirarj- "■■ ^"^«^«^"^-^^ I been, a Seignior. ^ " ^^ ''^^"ST, or as ever having terrf^Mdv, and the^ike Srenn"?' ^' 'n' 't^^' «^^^'^ 6«^"^- — ^^Tsuch claims affecting the land as anv Tf •'"'■ ^"/^^er hypothecary ^^'''^*- ing out of such^'land would have^adl"''''-^' ^""l "P^'* °^ ^"«- of the said dues, without any re „l^l^"^°"^ *° ^^e redemption to that end ; bui the Credhor IhlTnT^'' '" T ^^^''''y "^^^ more than five years' arrears of on ^f"""^- *^^ "^^^^ »'> recover m, „ ,, of moveables oi of whSlelmou'nt o? L ""' ', ""' ^" ^^^^"^^ Jt^e^e^^/t larrears, though amount >,mf«T!l "^^"^ Judgment for such '^^rs tobo Imay be levied, execut"on^ml '' ''^^" ^'"" P°^«^« currency "'=°^'""«- delJyof one year from the Stet; sTh'T ?"^'^ '^"^ ^^*- -' Isooner. "^ "^"^^^ «^ such Judgment, and not land and of Ihe Seie owner of the "J""* L to the capit:,'C'ofTor^^^ the Si i ,,^ .^^ ..J^.t. . bt tS7u^;— ^^^^^^^^ [ion be filed and then 7n Che rSf ""'T^' ""^ "" ^osi- fe received, subject alway tc^he excention in u'"'" ^"^^ «'^^" fg section, which shall apDlvtoalfor^ ? V^'^ "^^^ ^o^^ow- |e™y^S':t^^ ^^ «hall not be lawful to re. [oigniorLvingtheriXto h^^^^^ except by the consent of the [t any other tiiL in afy year than^hp W ''"^ ^T ^'' «^^» "«^% fpayable; But provfd^eH so thit . ^^ °" '^^^"*^ «"^hr.n/.' Meignior have or have not 'th^ l^"^ T""^ ^^^ ^^^ether k eo/«/,V^.e>. u, der this iof f"^^' '" '^" "^P''^^» °^ ^he Nil for the CensulsL Inv ZJ'" ''''''' "'^' ^^ «'^^'^ ^e fymentall the said rZU .! ^-^ ^^"^'^ ^" "^^^^"^ by one N^niory, and L^uch case the?/d"''' *^"" remaining L the h'le Seignior if .u^l^'u^V^'^ redemption money shall be nn ui , . . -, -. ,....„. ,«en.iK> oppssiti^n tiled as aforesaid and Such rentes 8ha'l be re- deemable in every case if paid offat onco 'orJhe wliole Seigniory. How the redemption mrni;y shall t>e dealt with. 164 Gap. 3. Seigniorial Act of 1854. 18 Vict. and in force ; and if thi le be such opposition, then it shall be paid to the Receiver General, and shall be dealt with in all respects as money coming to the Seignior out of the Special Money may Fund appropriated in aid uithe Censitnires ; and the paying of Biways be g^ch redemption money shall always be one of the purposes lor pur'p!ie°on*'i'he which money may be raised on the credit of the Consolidated credit of the Municipal Loan Fund for Lower Canada, under any law in municipal loan ^^^^^ ^^^ raising money on the credit of such Fund : and the redemption money under this Section shall always be the ca- pital sum of which the rentes redeemed shall be equal to the legal interest, unless another rate be agreed upon by the Cen- sitaires and a Seignior having the rights to such redemption money, for his own use. {See a/so 18 Vict. Cap. 103, s. 1.) Decrot not to purge St'i- giiiorial rights or any rente amstUuee representing them. OppoBition for Bucii riirhts or rente tn bo null. Seignior's piivilege for arrt iirs before comiiiutaiion niaintaineil. MISCELLANEOUS PROVISIONS. XXX. No sale under Writ of Execution (par decret) s have the effect of liberating any immoveable property then or theretofore held d titre de cens, and so sold, from any of the rights, charges, conditions or reservations established in respect of such immoveable property in favor of the Seignior, due before the completion of the Schedule of the Seigniory in which such property lies, or from any rente conslituec. payable thereon under such Schedule, but every such immoveable property shall be considered as having been sold subject there- after to all such rights, charges, conditions or reservations, without its being necessary for the Seignior to make an oppo- sition for the said purpose before the sale. XXXI. If notwithstanding the provisions of this Act, any op- position afin de charge be made hereafter for the preservation of any of the rights, charges, conditions or reservations men- tioned in the next preceding section of this Act, such oppo- sition shall not have the effect of staying the sale, and the Op- posant shall not be entitled to any costs thereon, but it shall be returned into Court by the Sheriff after the sale, lo be dealt j with as to law may appertain. XXXII. The Seignior of whom any land the tenure ofwiii.li shall be commuted under this Act, was held, shall be maiD- tained in his privileges and hypothecs on the land, lor the j payment of all arrears of Seigniorial rigts lawfully due at the time of such commutation. CERTAIN LANDS DECLARED TO BE AND TO HAVE BEEN HOLDEN IN FRANC- ALE U ROTURIEll Lands hereto- XXXIIl. All bnds which any Seignior has, by any Aet(ic/f)l forccommuted, ^^ iJeed in writing heretofore executed, released or agreed lol fran^akuT release from all Seigniorial rights in consideration ol thepajj ment of any sum of money or ol any annual rent, are liirei)j| dec's*"" 1S51. Setg^iiorial Art of 1864. Cup. 3. 105 n,\L and ^J^nrPr:nf^2lXrin' ^'^T^^ sioner-s, for the purm.se of makin"fh!« i' i !-^" <^ommi8- fl.«/«im. in which an. .l,Vl.K."!,"",^;ro?h: ri^d^w ,hTT"h" -^^^^^^ lands as ll tlwy were now held ra ™/«J „„ u i' """h JmmcJ, io. .ro liahln ,„ a„ L,u,„l ^„,, 'hall ,", bnH ,' ^^d lirifr "in'ir Schnluk' f)j(! cap till ofovprv «.n,.i. -..«. • i '^P^^'v '" the n,ay be rodeen^ecl by .he pS" i' , "'ihe^fo," t'.Le' """" manner a, any ™,^ held r«ym;^..«^.,M-o/,«7«s but Sc^t^.^^^^^ """"^ ^"'V'' ^"^ .W..7..-. equal to the r.nl ^^l^^^^"^^:^;^ INTERPRETATION AND EXTENT OF THIS ACT. .nd anconceded l^Tl^X^^^ Tt C^ "^'^^ ^^ trust for the Indians nor tn iL c.j„„:*" 7'^ J".'^ ^xo\vxi m Lagauchetie^re, in the CU;;;;r?^n y^-'^^S'n '"" ""^' ^'^^' other «mVV.y.V/dependin^g upon (. Ja^ X) a^y i^H, ° ,^,"^ ^"^^ ^^'^ ^^^'• Seigniories, nor to the Seigniories of fhp Into ni I. ^^'*^^ or other Seigniories held by^tr C own and nol .hf "^''"'^^ tioned, i.or to the Seigniories held bv the Prinn i^T "'^"- V''"^" ^^^ Her Majesty's Ordnance, ^ ^' ^'"''^^^'^^ 0«^^«rs of^gt^^^Sei- nor to any lands held m fram-aleu noble and arrant.. J . a and by vi.lue of the Act of the Parliament of the k^ep;^ ""'^"' ?'^— %a/./i, of Lower Canada, p. .ed in th. .hir^ylr of Ui! ^ ^^^,»- 7. ,1,./ f^r r , f "f*''-"'^^ *'»« ^«"'th, and intituled : An i" Sherrington. /'«u/s o//Ae 5rou.«,/n;, of Shcrriustoa ■' '"' c xT ^' h-qual advint .c,!. "p^/.' upon t'«'"'"titation of their lands *'l*«"'«K'^« »o IJ ^^^'^-i^ntages and relict as are lierebv irrnntPri i^Vu TT^ ainsitains in [fares ol Seigniories not evPHnt^ i f ^ ^f ^ ^"^ ^^^ Oe^- Crown Sei- Act. (&e al,o% vtl i«;!. Yo3,1'8. " ' °P^''^'^°'' "^" *'"^ '""'"• XXXVI. IMAGE EVALUATION TEST TARGET (MT-3) PhotDgraphic Sciences Corporation 2? // /./ %^4^ /A A I/.. i.O 1^12^ |2.5 ■U 1^ 12.2 III 1.8 I.I 1.25 1 1— 1 11^ 1.6 Hi— ^ _ . 6" 1^ w^ <>' XJ 7TC3t m!-tTf^ #-r.-p— ? WWSTM.N.Y. 14580 (716) 872-4503 \-' -' l/.A W 166 Act not to af- fect arrears, &c. Cap, 3. Seigniorial Act of 1854. 18 Vict. Seignior's rights to be determined as they stood before the passing of this Act. Interpretation of words : Seigniory ; Seignior ; Sei; irior and censilaire ; Seisniorial rights ; Land. Right to nmend this Act in further- a nee of its intent reserv- ed. Its intent declared. XXXVI. Nothing herein contained shall affect the right to, or the recovery o^ any arrears of Seigniorial dues accrued before the passing of this Act, or shall give any person whom- soever any right of action for the recovery of money or other value paid by him or his predecessors in the form of rents or other Seigniorial dues, or for the recovery oi damages which he may pretend to claim for the privation of any right of which he may deem that he has been illegally deprived by his Sei- gnior, unless he would have had such right of action if this Act had not been passed ; nor shall any thing in this Act be construed to weaken or to support any claim of any Seignior or of any Censitaires to any right claimed by or for them res- pectively, at the hearing on the questions and propositions to be submitted under this Act to the Judges for their decision, but the same shall be decided by the law as it stood imme- diately before the passing of this Act. XXXVII. The word " Seigniory, " wherever it occurs in this Act, shall be construed as meaning any part of a Fief, arriere- fiefot Seigniory held by a single individual, or b^ a Corpora- tion, or held by several persons in common {par indivis) as well as the whole of ayZe/", arriere-fief ^ or Seigniory, except in such parts of this Act in which the words ^'' arriere-fief^ and " Hei- gniorjp'' are made use of to distinguish the Fief dominant from thefef servant ; and the word " Seignior " shall be construed as meaning any Corporation, or any sole proprietor, and all per- sons who are proprietors in common (par indivis) of any part of a Fief crriere-fief ox Seigniory, as well as any person or Cor- poration, being sole proprietor, and all persons, proprietors jointly and par indivis of the whole of any such Fiet\ anim- fief or Seigniory : the words " Seignior" and " Censitaire^^ shall apply to the owner of any rente constitnee created under this Act, and the person charged therewith, respectively, as well as to the owner of and person charged with the rights and duties represented by such Rente ; the words " Seigniorial Rights," whenever they occur in this Act, shall include and be construed as including all rights, duties, charges, obligations, and Sei- gniorial or feudal dues whatsoever ; the word " Land" shall mean any lot, piece or parcel of land, and shall include the buildings thereon constructed, and all its appurtenances. XXXVII F. The Legislature reserves the right of making any provision, declaratory or otherwise which may be found neces- sary for the purpose of fully carrying out the intent of this Act; which intent is declared to be, — to abolish as soon as practica- ble, all feudal or Seigniorial rights, duties and dues, substitut- ing therefor ?'(?«te9 cons/jVwtrs of equal value, — to grant to the Seignior a fair indemnity, and no more, for all the lucrative I rights which the law gives him, and which this Act will| abolish, — to preserve the rights of third parties, unless suoli rights be lost by their own neglect or laches ; — and to aid the I oe»a6b(Mfe out of ike Provincial Fuada in the noidemptio^i of those | bei^niliriul j 1854. Seigniorial Act of 1854. Cap. 3. 167 SifpTndtet^^^^ ^r"ously with his XXXIX. The « Interpretation Act" shall apply to this Act. Wp..atf„„ "^•s^i^:i^ia^855r"' '""'^ -^ -^-^ - ---^' XLI. This Act shall apply to Lower Canada only. E.tent of Act FORM A. Public notice is hereby given that the Schedule (ofth^ Hpf amere-fiefoxofthe Seigniory) of (name ^rfM^arHMffor Seipwry) shewing the rentes 'constitutes int^vkchlh^ &a and another ,n ,he office of the Superior CoS The DiS of the undersigned ** """' ■*"*'"' " "■« P<»«"«oa A. B. ^ Commissioner ucder the Seigniorial Act of 1854. •- • w . rf VJ An A( i « WHERl 0/18 therefore em and with the of the Legisl stituted and { an Act passe Great Britain Provinces of of Canada^ a same, as folio I. Notwithf tvventy-ninth { tained, any c virtue thereof sition shall ha said Act, may Receiver Gene up to the date 2. And the F as follows : If they accru has been mad< [substitute) or h in trust for othe teno,) the Rece which the rente deemed, and so trust {fid^icomm tne revenue of tl such rentes at th shall pay the c ANNO DECIMO-OCTAVO. VICTORI.E REGIN^. CAP. CI II. An Act to amend the Seigniorial Act of 1854. [Assented to SOth May, 1855.] therefore enacted by the Oueent M« 7S^^^T ^^^""^^^ '• ^^ it and with the advice aS consent of^r ^''•''?"^'^* ^^j««ty, by 18 V. c. 3. of the Legislative IssemWv of th*P ^^^^^^^^^ Council knd an Act passed in the P^rlT«^ . ^ .^°? "''^^^ ^^« authority of Great BrUain and iXd InS tn^^ ^f'^ Kingdonf of Provinces of t/^z^Hwrf Z^^..^ ^5"^' ^^.^'^^ ^^ '"^-^''^''^ ^*e 0/ ^-«rf«; anTus te^^;^^^^ *heGc^ernn.ent same, as follows : ' ^ enacted by the authority of the sition shall have be" n filef uSV^nfH",? '° ^"'='' ^^ "PP"*- said Act, may, at any time be '7 "' j^e provisions oi^the Receiver Ge.reral of "he ™„itaIth?w"''^K''y P^y™*"' ""h^ up to the date of such redeCion? """'" ""'»?««'' » foiw' ?" ''"^"" '^^^'^ ^'>''" "-?<- of all s„eh moneys % f *f ) 7 held by a fur«or,";u toHr o hS'S^S^^'^ «"-="-' m trust lor others, and not as absnlm^ J^ • ! Pf ^^^n holding Uon. tmo,) the Receiver Generarshall on ^u P"''°' Uureproprit which the r^^e would have become ,ii-?^/u^^^°^ ^^^^ on deemed, and so long as such entanJ/^Jy/^- ^?^ "°' ^^^" '«- trust (^rf^^•comm^.) shall SsLtiVto/l.^'^^^ °' *'"^"^y ^^ the revenue of the Sei JioT fr'tpP i^ *"" ^^" P,^''"" entitled to ^uchrm^..atthe rateTsTx JJrT./ 2°° '^' "^P^*^^ ^^ ^^ shall Day th. n^ry^J ^L^^.PZ'^''^'''^ per annum, and he . T --.- .apaal theruoi ai tne t»xpiratk)n of >he.sub8tit"u- tion, Bente consti' iuee in Sei- gniories in respect of which opposi- tions are filed may be re- deemed, and how. 170 Proviso. Court may on petition order the mnnpv to be laid out in the pun ha^e of real estate to be held on tlie same con- dirinns to which the mo- ney itself was subject. And if upon hypothecary claims Cap. 103. Seigniorial Act of ISoi— Amendment. 18 Vict. tion, or tenancy in trust, to such person as chall be designated by the Judgment of the Court before which such opposition shall have been made : Provided always, that it shall be lawful for the said Court, on petition of such curator, tutor or other person holding in trust for others, at any time before the expira- tion of the substitution or tenancy in trust, to order that such capital, or any portion thereof, shall be by such curator, tutor or other person, laid out and invested in real or immoveable pro- perty to be designated in the order, and thereupon it shall be lawful for the Receiver General to pay the sum mentioned in such order to the person or party therein designated as the vendor of such real or immoveable property or as otherwise en- titled to receive the price thereof, and thereafter such real or immoveable property shall be subject to all such and the same trusts {fidiicommis) or entails {substitutions) as the Seigniory in respect to which the same was so ordered to be acquired as aforesaid. And if they accrue in a Seigniory in relation to which such opposition has been made by reason of hypothecary claims thereon, and not ^pon the ground of the same being entailed or held in trust as aforesaid, the Receiver General shall deal with such moneys in the same manner as with money accruing to the Seignior out of the Special Fund appropriated by the said Act in aid of the Censitaires. In ether Sei- s. And in every Seigniory the Seignior whereof shall have gni.ries Cen- ^j^^ j.-gjj^ ^^ receive the capital of the rentes constitutes to he eS day. in* established under the said Act, such rentes may be redeemed each year on without the consent of the Seignior by pajjment of the capital thereof to the Seignior or to his Agent either on the day on which such rente shall annually become due or on any one of the seven days immediately following ; and whenever the capital of any such rente shall havf> been duly tendered to any such Seignior, or to his Agent, on any one of the said ds ys, and the same, or a receipt therefor, shall have been refused, such rente shall become redeemable at any time thereafter. II. And whereas the objects for which Seigniors under the existing law are permitted to obtain Lettres de Terrier for the purpose of forming a new Terrar {Papier 7prner) or land-roll will be secured in a manner less onerous to the censitaire by the provisions of the said Seigniorial Act of 1854, in so far as such objects are reconcilable with the intention of the Legis- lature in passing the said Act : therefore, the right of Seigniors in Lower Canada to obtain such Lettres de Terrier in or for any Seigniory to which the said Seigniorial Act of 1854 as amended by this Act extends, is hereby abolished, and the Act of the Legislature of Lower Canada, passed in the forty-eighth i year of the Reign of King George the Third, and intituled, A* Acf ..f L. C. ^f.f yjjiich declares in whom is vested the power of granting des fep^aiedas^io Lettres de Terrier in this Province, in so far as regards every | auch Sei- such Soiggiory, is hexeby repealed. which to re deem. No L:ttres de Ttrrier lo be hereailer is- sued in Sei- gniories to which the said Act applies. 1853. SeignioHal Ac, of 1854-4„^^. Cap. ,03. r% ^ — 1_ 171 III A ^ and there is therefore a strong 1^ / ?^ '^^ Schedule thereof until after such pubhca on^ or T"'"''^ '? ^'^^' "^"^^^io^s being made before it 'othe liatTnT"^ '*?' ^"^* °^ ^^eir ofall parties J And whWearLme Jim^vT"';'"''"^ ^°^ ^°«« Schedules of all the Se?g„forTes Z T ^ '^^P'f before the whereas the appropriation Kd of the ..7''°'"^^^*"^ ' And said Act was made with the nten H^tT 1!''1J^^^" ''^ »^« immediately, and until it is payable .t • '^""^^ ^^^« ^«^«t necessary to raise the sr a req ufred i. '" ?^'* "P°" ^^^ ^oa^i Be It therefore enacted, That^no foi, .r^^^? *° ^^'^ P^^^^n^'e : other mutation fine shall „," ^"^^ ^^ ^^ntes, quint, relief or r^ . . shall take place aLlhe^pS: TthisT .""^^^^°" ^^^^ «^-"^^^^^^ Seigniory to which the said sTi In? • 1 . 4*^^' *" any Fief or .«'««' P-^^abie by this Act extends or «nir ^^'P^o"^^ Act of 1854 as amended !" sfgniorie. Genera! shall credit thefc t' "''^'"^ ^^^^^^^e R^ver ^^Xl'^ aid 01 the said censiaires^l ^Pf^P^^ted by the said Act in P"""? inreK^ Act on the total amo^'^f Thf ap^^^^^^^^^^ ^^^ f--^ «^ ^^« ^'5-^^^ ^""4 *^^^«^^ payable by any Seignior trfhTi-"' ^""^ ^^^ ''^'^'^ ^««- ^' emiiied "S accrue from the passiLnf ?» • V ^^'^ *»eignior Dominant shall °.'' '"'^ '''"^i"- the Seigniories berit^red^bVth^ot^Ii'^ Scheduled of a1} ^^^^X housand eight hundred and My-sU s„ ,hn. f^^ °^ ^^^"^^3^ «°« fh "^''^^ '" be finally divided amnno- ii ^ . ' ^® ^"^^ ^^e said Fund can "^ ^jep^or said Ac( „. any onToTf..^ ^f- , .>.A. AKj^: IV. 172 C»P- ^^^- Seigniorial Act of \S54— Amendment. 18 Vict. Relrait am- venlionnel abolished. ReceiTer Ge- neral may in- vest moneys appropriated by the said Act, and not immediately required. IV'. The right of retrait conventionnel which the Seignior was allowed to stipulate solely for the purpose of securing to him the payment of mutation fines is hereby abolished. V. The Receiver General shall, from time to time, place any moneys in his hands as part of the Fund appropriated by the said Act, and not then required for the purpose thereof, at interest in any Chartered Bank, or invest the same in Provin- cial Debentures or Debentures guaranteed by the Province, and shall apply the interest thereon towards making good that allowed under this Act. Doubts as to VI. And for the avoidance of doubts. Be it declared and Tt\"\^''"* enacted. That any Commissioner under the said Act may give missioneTre. any notice required by the seventh section or by any other part moved. thereof, with respect to any Seigniory or Seigniories, and another or others of them may afterwards act in any way under the said Act with respect to such Seigniory or Seigniories ; and generally, each Commissioner who shall act with respect to any Seigniory, shall be held to be the Commissioner assigned to act in and for the same under the fourth section of the said Act, unless the Governor shall have otherwise directed and ordered. The said Act yn go much of the said Seigniorial Act of 1854, as provides ceruin Tand*s° that none of its provisions shall apply to any lands held en in Sherrington. /mwc alcu noble, and granted under and by virtue of the Act of the Parliament of the late Province of Lower Canada passed in the third year of the Reign of His late Majesty King George » the Fourth, and intituled. An Act for the relief of certain Cen- sitaires or Grantees of La Salle and others therein mentioned possessing lands within the Township of Sherrington, shall be and is hereby repealed, and the said Act shall apply to the said lands ; but inasmuch as the decision of the Special Court to be constituted under the sixteenth Section of the said Sei- gniorial Act of 1854, cannot aflect the said lands, therefore the Schedule relating thereto may be com^ileted and deposited without waiting for the decision of the said Special Court. Schedulesmay be made for the Crown Sei)2niories, held for Pro- vincial pur- poses. VIII. Notwithstanding any thing in ihe said Seigniorial Act of 1854, Schedules may, if the Governor shall see fit so to direct, be made under the provisions thereof for the Seigniories held by the Crown and the revenues whereof belong to the Province, in- cluding the Seigniories of the late order of Jesuits, in like man- ner and under the same provisions as for other Seigniories (omitting such particulars as cannot apply to CrownSeigniories,) and with like powers to the Commissioners : Provided that no part of the appropriation in aid of the Censitaires made by the said Act, shall be applied towards the redemption of Seigniorial rights in such Crown Seigniories, nor shall any such Schedule be deposited in the manner provided in the thirteenth Section of the said Act, or operate any compulsory commutation of tenure, 1855. ivince, m- Seignwrial Act of mi-Amendment. Cap. |03. 173 tenure, or substituiion of any mrfet,w?/;7,//^«f *i. o • rights and dues in such sJgXry ZttheC ^v '^' ^^'g^'^^al may, if he see fit, allow to th^rlLh governor in Council Effect and u.e upon commutatiorjthe lanT '^/^'^"'^^^ Seigniories, ^'.^-'^ ^'^^'^' with those which the CWc^vf;^nTh ^t^^^^g^"^ ^nd relief '"'"' found lo obtain under tirs^i^A. ^!?' ?^'S"'°'^^« »''all be under this Sectiofsha fserve^^^^^^^^ extent of such advantoLs 7nd i f ^'f ^""^ calculating the Censaaires in the saM C^wn ^^^^0^11 ' " '"°""* ^° ^^'^ veJstn1,nhetaM"lcrrhicTris'7'-"K?^ ^"^° *^« ^--'^ ^"-^" enacted, that in the sliiF;tVve;:iot^^^^^^^ '' --'^7.. shall be substituted --and for tL , "".T"^^ ^^^"^ distinct" in the fourth line of Jhe sKt£ na ..Trh' . ^r^'^'^'''' ^'"^"^ the words " huit jours d^v I " S^ ""^ u^^ '""^^^'^ «^«tion, herein referred to -^beL tZ; ii thi fi? f "^^^^^^f d,-the lines' said Act printed by th^tr's J^;!:^,,^ ^ ""^^^"^ ^^^^^°" «f the po • Jt7e7th!^tt?' Acf ft st 11 notTe -"^P't^/"^ ^- eifect impaired for any iXlmal! I iT'^'^^'^^^ "^ ^ts proceedin'g in relati^to Tin an^Zn^r^e'^^'^V^K "Y ^''^' Act to be done before it wa^^n?^ thing required by the said all such prior proceedin Jand thin^'""^ "If k T\ ^^P^^ited, but rightly and formally hSdinr^^ ^""^"^ ^^ have been ap%; on the face'oflc^fscSur^'rd 'the""'"^^ 'T'T'y apply to all proceedings of ihTcrl' ^ • ^"^ ^""""^ ^"^^ shall a5, so that no one ?f them ^^ '"''T'^ ^"^^^ ^^e said peached or questioned for an'vH,?r "TP^^^ed, shall be im- any previous proceediL or in ^^^^'-^'^ty error or defect in omitled to be done by "ife Co-^mf ^ '^'"^ theretofore done or Dy tne Commissioners or any of them. XI. B^or the purposes of the s.nid A^t «„ ing or possessing any land in any Sef-nr ^ "^fT occupy- c.mi„ p.,. sion of the Seimior, or from ,S,; r S''^ '"'■"' ""^ P"=™i'- f"""™??- »l.all be held ,„ be ,hc proprietor tt.:ZTSS>a1.:r '''''''' SS'S^^ taires. impei^ss sr™i:trLrer'i"''7r' "i"*^ rial Act of 1854," or anv ,,!.«„^ ,• '' "",'''"' The Seignio- '"feUy in>- i" the execntion' of Ms^dLr ""a, "S.^tn^ 77"'^'' »' "^«° "' threats or oli.erw^lfe, ry^^u'ctt^Sl:; "'"*'• '^^ ^^^ ""^S" .- Mder his instructions from nerfomT,t !' , "•'' P"'™ ="='^^8 "'•'"''• ■m. by and under cither of the S Ac?^ ^ tT," T'^'""^ <° .»>pr,»„cdfor every such fc'fo'Jt'.S ^1 '''''''' '?."'= two Schedules and proceedings completed un- der the snid Act, not to be afterwards impeached for want of form. !' 174 Cap. 103. Seigniorial Act of 1854 — Amendment. 18 Vict. two months, and it shall be lawful for anv one Justice of the Peace to commit any person convicted before him on the oath Conviction not ^f qj^q credible witness of any such offence ; and no conviction, Ibr'^oii'of order, warrant or other matter made or purporting to be made form, *c. under this Act, shall be quashed for want of form, or be re- moved, by certiorari or otherwise, into any of Her Majesty's Co'irts of record for want of such form. Bhort title of thia Act. XIII. In citing or referring to this Act in any Act or pro- ceeding whatsoever, it shall be sufficient to refer to it as the " Seigniorial Amendmtnt Ad of 1856," by which title it shall be known and called. ^Tr INDEX. LOWER ( ACT, Commenceni Extent of, l Not to apply Not to exteiK ACCOUNTS, To be kept b' Rendered ha Suits for reco ACTS AND OR! Repealed, 3, ADVOCATES, Their iooome AGRICULTURE, Abuses prejud ALE AND BEER Sale regulated ANIMALS, Running at Ian Cruelty to, pun! ANNEXATION, Of parts of pari Of extra paroch I APPEAL, From conviction APPRENTICES, I Regulations oon( I ARREARS, Of taxes must be Occupant liable 1 Overseers to rend an-ear, 67 Inspector to sue I Only one year's, i io be reported an l^wts of lands in j deluded within tl JNDEX TOTHB LOWER CANADA MUNICIPAL AND ROAD ACT 1865, &c. ACT, Commencement of, 1 Extent of, i * Not Jo apply to certain work* 3 omts for recovery of, 75 ACTS AND ORDINANCES Repealed, 3, 4, 5 ' ADVOCATES, Their income assessable, 73 AQRICULTURE, Abuses prejudicial to, 23 ALE AND BEER, Sale regulated by Local Councils. 23 ANIMALS, Huuning at large, 23 Cruelty to, punishable, HO ANNEXATION, Of parts of parishes or townshin. IK Of extra parochial places, 36 ^' '* I APPEAL, From convictions nnder Police Ordinance 112 I APPRENTICES, ««>oe, iw Regulations concerning, 28 I ARREARS, "'»'-'" '» '-P~'«» «*.™ of tab., „a „.UH.U i. ylScoT published annually, 77 deluded within the Countr of Comn^nn o ■i ^ ' ... . • . . > ♦ 17b INDEX. ASSESSMENTS, Under any repealed Act to be recoverable, 4 Moneys to be raised for ordinary purr-oses, by, 15 To be imposed only oa pereons residing or holding aSBsesable property within the Municipality, 22 -ii o- May be levied for construction of sewers in towns or villages, do Due to Municipality ceasing to exist, to be paid to the County Muni- ciDft'tv 42 For expense of work on By-Roads and public bridges, 50 Mode of usseesing property lying withm more than one Municipality, 69 Of Railway Companies, 70 ... i i >vi Owners of propeny to pay in proportion to its assessed value, 71 A preferable charge on property^ and not to require regi&tration, 71 Profits of merchants, manufactures, &c., liable to, 73 Income of civil functionaries and professional men, 73 , . , , Public ^oildings, for civil, military, religions, educational, or charitable purposes, to bo exempt from, 74 Poor rerftons, if exempted by By-law, 74 By whom payable, 74 if payable in labor, only one year's arrears recoverable, 7D To be coilected by Secretary Treaeurer, 75 Notice (Form Z ) to parties aesessed, 76 ,r„ r> nx CoilGction Roll to be made yearly by Secretary Treasurer (Form C.C.) 75. See Collection Roll. , ... , County Council to fix proportion of all County rates to be paid by each Local Municipality, 76 „ . o ^ t Assessments in arrear to be reported annually to Secretary Tr^asuror of County, 77 Ho\/ recoverable, 81 BEER, Sale of, regulated, 23 BREAD, 'Veight and quality, 25 BRIDGE, Definition of, 6 BRIDGES.— See Roads and Bridget. BRIDGE COMPANIES, Municipal and Road Act not to apply to their Br-dges, I Rights saved with regard to eetatlishment of terries, 47 To'' maintain roads leading to badges, JO BUILDINGS, Purchase, leasing, erection, or repair cf, 14 GeoI and Couit House, 19 ''dffistry Office, 19 j.'iilling duwn of dilapidated, 26 Defltructimn of, to aiiesl fire, 28 Exaniinalion and cleansing of , 28 BY-LAWS, What may be made by all Municipal Councils, 14 County Councils, 18 „ Local Councils, 22 Town and Village Councils, 24 For borrowing money, 15 ^ . , »„„;^ lii Not 10 be repealed until whole Eum borrowed has been repaia, la Ol Uouniv lor Dorrowuig muncy, w uc o^jpivrvu -^ —;- — • Acta 16 Vic. c. 22, auu 18 Vic. o. 13, to apply thereto, .b sesable property nal, or charitable . INDEX. BY-LAWS, Punishment for a breach of any 17 • Publication of, 17 ^' *' smL labor, 65 Mun,c,p.|,„e,, ,„,,|j, ^j, „^;„^, ^^ "CsTsT "«=^ "» »".e m.y be pa«ed by ,„. .Wrf. „f ,^. „.„. CARTERS, 24 CAP CHAT.-See 5► mainder of the term, by the, 34 .... .,,• m Parish or Township Councils may hold their sittings withm a Town or Village Municipality, 39 , „ . , « To examine and revise Proces-Verbaiu:, M Givinc notice thereof, (Form A. A.), 53 _ ^ « . ^ May provide for repairs, &c., of roads solely by assesBment and sta- tute labor, 55 „ n p»o May revise the Valuation Roll, "2 „ May raise money by assesemenH for Roads and Bridges, 55 (Town and Village.) Special powers relative f local luatteru, 24 COUNCILLOBS, Not to be paid, nor to hold office under the Council, nor become sure- ties for employfes of the Council, 9 To be sworn (Form N), 9 Certain persons disqualified 17 -^— — — — exempt, 18 , ,. ,. _ , . ,, i Election of any person as a Councillor who is dioqua ifiedoreMrapt.to be reported to the Governor, who shall appoint another in tuj stead, 18 Proceedings at election of Councillors, 30. Notice to Councillors of their election, 32 ,.,,,• -.,«««(>«! To enterat once upon their office and continue until their suoceiMrs are elected, 32. . . , « _i.« .hsii On failure of election, notice to be given to the Governor, who snauj annnint the reauisite number of Councillors, 33 Sucli appointment to be notitied to the mumcipaiily, 33 See Election. COUNCILLORS, INDEX. 18f lor become sore- i'rovieion in caae such failurfi nP »!«„.• x. to the Governor, 42 <>f election has not been duly reported COUNTY *" '""^ ™i»'«"/ 3. A, 30 Definition of. 7 COUNTY TOWN, (CAe/foVu,) 19 COUNTY PnPERINTENDENT Hr;Srn?/2?°*^' ^ «'^^«- i'^ the County, 6 His fees regulated, 19 Must reside within the County 21 Appointment of deputies, 21 S^o'^Jiir"'" -'•-«>»-- of. 21 & fa?&rtej-j;- of Boacls, 60 An annual report to the 3n i^C^^'^.J^ the roads, 69 Notice of inspection (Form CC) 61 ^' COINTY WORKS.^See Public Work, ! COURT HOUSE AND GAOL, May be built by County Co'uncil, 19 CRUELTY TO ANIMALS. 110 [DAMAGES, ASpnotrfpS?^^^^^^^^^ ^•> ^«> 23, 26, 28, 57, 59 Caused by non-performance of work, 65, 66 [DEBENTURES, For extending aid to railway, companies, &c.. 15 jDEBTS, Of Municipalities ceasing to exist, 43 Rates may be levied for fhe paym'eni thereof, 43 (DELEGATES, Anpointed for each County, 22 7:!^Tse\:Zy2' '^'^" '' "'^ ''^°'-- ^y County Council, 22 Vacancies to be diled by Council, 22 Their duties and powers. 22 Quorum of; 54 Clerk to, 54 boRDERLY PERSONS, 29, 109, 110 I Who are to be deemed disorderly persons, 109 DISQUALIFICATIONS, 'X.fir''' '''^''''''' - ^--P' from accepting m..idp^ Definition of the term '* District,'' 7 m INDEX. DITCHES— See Drains. DOGS, Regulations respecting, 23 , , DOOR-STEPS, Removal of, or other obstructions, 26 DRAINS, CoiiRtruction and repair of drains and ditches, 14 Assessment for construction of sewers iu towns or villages, 26 Ditches and drains to be made on every road, 45 Ditches may be dispensed with by any Procds- Verbal or By-law, 46 DRIVING, In towns and villages, 29 Over a bridge faster than a walk, 46 DRUNKARDS, Punishable as disorderly persons, 110 ELECTION OF COUNCILLORS, Qualification of voters, 29 Of candidates, 30 Certain persons disqualified or exempt, 17, 18 Election of any such to be notified to the Governor, who shall appoint another in his stead, 18 Penalties on persons elected refusing to accept office, 80 — — on unqualified persons vot-ng, Public meetings of electors to be called (Form A.) at stated penods,- the first by the Registrar, afterwards by the Warden (or Registrar in his default), for election of Councillors, 30 Presiding officer to be appointed by Warden (or Registrar), 31 Provision in default thereof, 3 1 Presiding officer may be elected a Councillor, 31 invested with powers necessary for preserving the peace at the election, 31 -___ may swear in Special Constables (Form U.) and commit offenders, (Form V.) to have a casting vote only, 31 Poll book to be kept if there are more than seven candidates, 31 Poll to be closed at 5 o'clock ; may be re-opened the next day if any voters present remain unpolled, 32 Poll to be finally closed when an hour has elapsed without polling a vote (except in case of violence,) 32 Notice to be given to the Councillors elected, 32 to the Warden, of the result of the eibOtion, 32 Warden to deliver poll-books &c. to Secretary-Treasurer, with a certi ficate of due notice having been given of the election, 33 On failure of an election, Warden (or Registrar) to reprtrt the same to , the Governor, who shall appoint the requisite number of Councillors, 33 Contested elections to be tried by the Circuit Court, 40 Petition from candidates or not less than ten voters, 40 A notice, with copy of petition, to be served on the other party. Cer- tificate of notice. Time within which petition must be presented, 41) | Proceedings on the petition in Court. May be continued in vacation, and judgment given, 40 » j ti Court may confirm or annul elections, and award costs. Its judgraeni j to be served on the Warden, 40 May consider irregularities in the election, 41 ,, If election is declared void, Warden (or Registrar) to give a puDHC A 2A for n new election^ 41 nnttoo /Pn " — • — - \- ■ 2-^ for a new election- ENCROACHMENTS— See Obstructions. 26 ly-law, 46 shall appoint id periods,— ' Registrar in ,31 (serving the )rm U.) and :es, 31 ixt day if any out polling a 3«jtion, 33 with acerti- 33 :t the Bame to 1)1' Councillors, I • party. Cer- J resented, 40 in vacation. Its judgment give a public INDEX. ENGINEER AND DRAUGHTSMAN, IncL^e'cTcSlTl^^- C°""|rS"perrntendent, 67 income of Civil Engineers liable to assessment, '> ENUiVf ERATION, SPECIAL, 188 73 -rwa etc., (with reference to its separation). 36 EVIDENCE, 66 EXECUTION, For rec overy of penalties, 16 ZZZZZI °r ^"^ ^^^ *"^ P"^'''' exhibitions. 24 Notice to be given of sale, May issue eight days after judgment, 8 1 EXEMPTIONS, fr'^arfoZ'aJr Krf3»^ M„„icipa: offioe. ,8 From assessment, 74 * ' From road work, 50 . • EXHIBITIONS, PUBILC, May be taxed, 24 EXTRA PAROCHIAL PLACES, Annexation to adjoining parishes &c 35 sS/'"" "" ^'^'n'f « popuation of 300, 36 Special enumeration thereof, 35 ' FARM-YARDS, Roads not to be made through, 59 FEES, SSuTfe:™'^23'"' "^' Secretary-Treasurer, 19 Market Fees, 25 FENCES, Construction and repair of, 14 In towns and villages, 26 Inspector of, 35 To be lowered in winter, 47 Destruction of, punishable, 109 FERRIES, Regulation of. 14 Licences for, 14, 47 Money arising from ferry licences, 47 High 8 of proprietors of toil-bridges with regard to. 47 Penalty for actmg without licence, 47 ^^^"^ ^°» *^ By-road leading to, 60 ' FETES D'OBLIGATION, Sitting of Council aopointfl/l fnr t« h- »-"«i — j— - m • FINES-See PenoUm. :• I 'it 184 INDEX. FIRES, Regulations concerning land, 19 Regulations for prevention &o of fires in towns or villages, 26 For prevention of thefts at fires, 27 Fire Engines may be purchased, 27 Compensation or rewards authorized, for injuries or services rendered at fires or other casualties, 28 Houses may be blown up &c. to arrest the progress of fiie, 28 FIREWORKS, Regulations for preventing the discharge of in towns or villages, 27 FISHERIES, Regulations of, 20 FOOT-PATHS, Level of, 26 May be made, 68 Trees may be planted along, 68 FORDS, To be properly marked out, 47 How to be maintained, 47, 49 FORMS, J, Forms in the Schedule, sufficient, &o., 83 No objections of mere form to prevail in any suit, 83 FURNACES, , Construction of, in towns or villages, 27 GAMBLING, Prevention of, in towns and villages. 28 Persons gambling in Taverns, punisnable, 110 GAOL, May be built by County Council, 19 A lock-up house may be provided, 29 GARDENS, Roads not to be made through, 59 GASPfi, Act of 48, Geo. 3, relative to Roads, repealed, 3 GOVERNOR GENERAL, To appoint the Warden, on failure of election, 20 — — — —-—Councillors, 33 Officeer, 42 Appointment by, to be notified to the Municipality, 41 May approve, amend, or reject any Report relative to erection of a Town or Village Municipality, 38 May issue a proclamation erecting the same, 39 May unite any town or village to adjoining Municipality, 39 To appoint valuators, on the failure of those appointed by the CouDoil, to return a Valuation Roll within two months, 71 May direct publication of any By-law, &c., to be in one language onl)r, 82 May further define the limits of Municipality of Ste. Anne des Moots, &c., 116 GUIDE POSTS, 67 GUiN'POWJ Keepii HEALTH, Preser' HOLIDAYS HYPOTHE Sales thecs INSPECTO How to To dete To give To acco &c., 6 To mak( To maki To give To mak( To remo To direc To be lit To regul To sue fc Penalty i llNTERPREl To apply Rules of ( I INTERPRET (justices 01 Chief Ofli< May orde 62 And impoE Penalty foi Rates, ass coverabl |lABOURERS, Conduct of, LANDS, May be fal therefor, To be veste May be enti I-ists of, in i May be sok before daj Janguage, Ofpublicati( [ESSEES. See fiCENCES, fefry licence in one year i,26 ses rendered fire, 28 llages, 27 erection of a 39 ' the CouDoil, )ne language [le dea Moots, INDEX. GUNPOWDER, Keeping of, in towns and villages. 27 HEALTH, PUBLIC, Preservation thereof in towns and villages, 28 HOLIDAYS, 10 HYPOTHECS, ^tcfl'^'l^X;^^''^ P"'«^ ''' •'^-« ^-«» '^U privileges and hypo- INSPECTORS OF ROADS, How to be appointed, 35 I INTERPRETATION ACT, To apply to the Municipal Act, 6 Rules of construction therein to'apply to the Forma used 83 INTERPRETATION CLAUSES 5 '<»«"u»«d,83 [justices of the peace, ' Chief Officer of each Municipality to be ear 0/Kcio 11 May^ order removal of obstruEtion^s on trrfctlxpen-e of offender, And impose a penalty, 62 Penalty for neglecting to fulfil a duty. 80 tUHeXtsi"™"'^^^ oro^l^erwise,) and penalties to here- |lABOURERS, Conduct of, in towns and villages 28 LANDS, ' Ed'iJ'oVXV"" '"'•' """" '°^=". *■=- ■"• paid .«» day. fANGUAGE, pSSEES. SeeTVnan/j. fiCENCES, ferry licences mav be m J >i(«n»»j i .» . . . _ one year, 14"' ^""'"^ "^ "">' &aunicipal Council, terminable ise INDEX. LICENCES, for the sale of wines, spirits, ale or beer, may be granted by local Mu- nicipalities, 23 So much of 14 & 15 V. c. 100, as is inconsistent, repealed, 5 To carters, (by Local Municipalities,) 24 For exhibitions, (by Local Municipalities,) 24 LOANS, Municipalities may borrow money, by Debenf ores oi Bonds for ordinary purposes, or for aiding Railway, Road or Bridge Companies, on certain conditions. Sinking fund to be creatsd, 15 No By-l.iW passet for the purpose to be repealed or altered till prin- cipal and intere, t is paid, 16 Money borrowed i)y a County to be paid by the Local Municipalities therein. By-law for that purpose to be subject to approval and to the provisions of 16 V. c. 22, and 18 V. c. 13, 16. LOCAL WORKS. See Public Works. LOT, Meaning of the term " Lot," 6 MAGDALEN ISLANDS, A separate Municipality, 3 MANUFACTURERS, Liable to assessment, 73 MAPS AND PLANS, 24 MARKETS, Regulation of, by Town & Village Councils, 24 Appointment of Clerks of, 25 Wagons, boats, &c., bringing produce to, Regulation o( weight & measure, 25 MASTERS & SERVANTS, Regulations for conduct of, 28 MAYOR, The term " Chief Officer," to apply to the Mayor of a Local Munici- pality, 6 To preside at meetings of the Council, 10 To have a casting vote, only, 10 To be ex officio a justice of the Peace within his municipality, 11 To cause the Surety Bond of the Secretary Treasuier to be registered, 12 To be elected (from the Councillors) at first meeting, 33 Provision for appointment or (iiilure of election, 34 Notice to be given him of his election (torm Q) 34 Vacancy in the office of Mayor to be filled at the first meeting of Council thereafter, 34 Proceedings on contesting election ol Mayor, 41. On election of Mayor being declared void. Council to make a new election within one month, 41 Penalty for refusal to accept office, 80 MERCHANTS, Liable to assessment, 73 MILE POSTS, 67 MILLS, By-road leading to, 50 MODEL ROADS, 6» INDEX. MONEYS, To be receired & paid ont by Secretary Treasurer 12 I„T"hL'^i'7^ '' be keptS. renderefl, 12 "'"'' '^ In the hands of a municipal officer oeasinc to hold offio« l^ May be raised by asaessnieiit, 16. ^ °®' ^^ May be borrowed, or miaed by debentures 15 May be deposited in Banks, &i, orTn vested 16 Belongmg to any municipality ceasing to exist 42 Application tlwreof, 42 ' May be recovered by action at law, 48 MONT CARMEL-(R,viKRE Ouellk), Declared a separate Municipality, 37 MONTMORENCI, MONTHEAL^(CiTy), ' Act not to apply to, 3 MONTREAL— (Parish), Defined, 2 MUNICIPALITIES, ^M^^^tS!^fl^-'"y M-cipalUy,.. »d "Loci Powers 01 Municipaliiies, 9 Division of, for road purposes, 24 Moneys, assessments, oropertv. &p hplon«in„ ♦„ i,, . . ceasing to exist, to L given oTeV ?„ e"""'f *° *"y Municipality Couni/lVlunicipalitrher^ebr created 42""'"'"^ Treasurer of th^ Municipality miy hJve been ^uate) 43 ^^''^ ' P°"'°" **^ ""'^^ Rates may be levied for the payment thereof, 43 NOTICES, Public Notices, defined, 6 Mode of giving the same, (Form 13 ) 7 Special notices defined, 6 Mode of giving the same (Form B.) 7 \^Meo'm^.".'s° " "' ''""°'"" '"""""•• """' - «'«"-«on under To persons appointed lo office (Form P ) 13 To (;oaiicillors, ou itieir election (Form E.), 38 To^.eLrW/«-rrio?rLrhit%7fucr;^^^^^^^^^^ io the Mayor, on his election (Form Q.), 34 of SSLll^S^.l-Xcl Sr 5;-""'"'' '."'"^".(f»™ TO. 38 '»id (Form A.), 41 "^ Mjeicouon l«ing declared 187 188 INDEX. NOTICES, Of a visit by County Superintendent to a particular locality, in refer- ence to a propsed public work, 51 For survey of a new road, or for procuring materials (Form B. B.) 59 For exannnation of the roads (Form C. C), 61 Of revision by a Local Council of any procia-verbal (Form A. A.), 53 Of any proces-verbat aileciing another County, to be given to the Dele- gates thereof by the County Superintendent. Alsoiu the locality, 64 By valuators, belbre dulerniining amount of compensation for land taken for roads or other works, 68 By Inspector of Roads, to the Overseer of each station, of the time of his visit (Form D. D.), 61 By Owners of Heads, to parties liable ior statute labor, of time and place when it will be required of them, nature of worl(, tools, mate* rials, &.C., to be furnisned (Form Y.)> 64 Notice not required for front roads, 64 Of revision of Valuation Roll by the County Council (Form F. P.) 72 Demanding payment of assessments (Form Z.), 76 Of sale of property under execution lor assessments (Form J. J.). 76 By Secretary Treasurer of County to Secretary Treasurer ot each Local Municipality, of proportion of any County rate to be paid thereby (Form G. G.), 76 Of lands in arrears of taxes (Form L. L.), and of lands to be sold therefor, 77 Particulars to be contained in such notice. 78 Penalty for defacing any public notice, 81 Governor may direct publication of any not! only, 82 any notice to be in one language OATH, To be taken by Councillors, after election, 9. (Form N.) By Warden, 9 Accounts to be rendered by Secretary-Treasurer under oath, 12 May be administered to voters touching quaiitication, 32 Valuators to be sworn, 35 Evidence in suits for recovery of assessments or penalties to be on oath, 8'i May be administere'l by any Warden, Mayor or Justice, 82 Certificate thereof without charge, 82 OBSTRUCTIONS ON ROADS, To be removed by Road Inspectors, 62 What shall be deemed an obstruction, 62 Penalty for causing the same, 62 Removal may be directed by a Justice of the Peace, 62 Encroachments on the roads to be reported (if necessary) to County Superintendent, 62 Removal of door-steps and other toucroachments in streets of towns and villages, 26 OFFICERS (Municipal), The term ** Chief Officer" defined, 6 Every Council to appoint a Secretary-Treasurer, 11.— See Secretary- Treasurer. A County Superintendent (every County Council), 21.— See Cottn/ji Superintendent. Council may appoint other officers, 13, 35 Any officer ceasing to hold office (or his heir or representative) to deliver his office books, money, &"■ , to his successorj 13 Appointments to be made by Resolution of Council. Notice to be given to the party (Form P), 13 To hold office for two years, 14 May be removed by the (^ouncil, 14 OFF/CEB Remu Their Securi Inspcc Oils, Failur Penalt For lai On an J ORCHARD Roads 1 ORDERS, Procis- Act t For pay ORFORD, Iflcludec ORGANIZA General ORLEANS, To form j 0UT-HOUS£ Provision I OV£RS£ERS May be aj May ente To accom To receivi To give n( Penally oi Liable foi section. May com I hable, b To report I To regulat Inspectoi Penalty for [OWNER, The term " iPAPERs, boo: Iq possessic delivered May be rec( Persons wh( heretofore [parishes, The term « 1 Inhabitants ( To be represi Each pariah 8 to be sold OFF/CERS (Municipal.) INDEX. ia» Remuneration, 16 Their duties. Penalties forneclect thereof M On .ny pe,„„ Unde„„g .„y „ffl,e,i„ ,hepe,ft„„,„„" """f. « Closed up to beionl .'„ „ M«„,c,pa|i,y 46 Those (routine on Crnwr. r . ^ owner or Fords and pugl,cbridl«^^"^''''''«"'ade,&c as Rv a . By-roads described 45 ' ^'°^ maintained, '49 ' ^^'^ads, 50 By-roads, how maintained. 49 Expense of repairing bvlL^ , Apportionment of work on 50 ^"''''^ ^"^Ses, 50 Applications for opening &p%, {^odeofconsJructSr^3 '^^ Maintenance, &c., 56 ^f^:^ S?^tSS[?r- ^^«'--e labor 57 Work on road« or ^ndgesXiyoTL^^ZT'^'i'^ '' fiOAD COMPANIES, Countus,&c.,68. Act not to apply to their roads, 1 fOAD WORK, Front road of each lot, 49 teT5r''"^'^'^"'^P»^lic bridges, 49 Exemption from, 50 Apporlionment of work iin,?nr f Tob« r^„,,|..._ . , ^?'^'^ under former Rv.io..,- en Notice hvn. "^ '""P^ctors, 63 ""^ '""='^ «o«.cebyOv...,eer8toparties'iiablefor,64 1^ ft- 194 8 INDEX. ROAD WORK, Unfinished work may be completed by Overseew, &c., 65 Notice not required lor repair of front roads,^ Penalty for neglecting to repair the same, 65 Actual occupant liable for one year's arrears, 66 ROLLERS, 67 ST. ALPHONSE DE LIGUORI. A separate Municipality, S"* ST. ANICET, A separate Municipality, 37 STE. ANNE DES MONTS AND CAP CIl \T, Act detaching them from Gaspe to remain in force, 3 To form no part of County ol Gaspe, 3 Separate Municipality, 115 Limits, 116 Represented by a Municipal Council, 116 Divisioa into Disliicts, 116 ST. EPHUEM D'UPTON, A separate Municipality, 37 . ST. HUGUES, Ranges 8 to 13 of Upton to be attached, 37 ST. HYACINTH E (Parish), Part without limits of, 2 , , „ • .u « Town annexed to Parish ofNotre-Dame de St- Hyacinthe, Z ST. HYACINTHE (Town), Act not to apply to, 2 ST. JULIENNE DE RAWDON, A separate Municipality, 37 ST. NORBERT D'ARTHABASKA, A sepaiate Municipality, 37 ST. ROCH, Limits of the Municipality, 2 SALES OF PROPERTY (for arrears of taxes &c.). Under warrant from the Mayor, no claim thereon to prevent sale, 76 Surplus to be returned to owner, 76 Notice of sale, 76 Of lands in arrear for taxes, 77 May take place before or after suit, 77 Particulars to be spocified in notice of sale (Form L L), 78 To be by public auction, 78 If purchaser fail to pay, sale to be adjourned, 79 Owner may redeem the land, 79 SECRETAPvY OF THE PROVINCE, To givr. notice to the Municipality affected, of the appointment bylkl Governor ol a Chief Officer or Councillor, 41 To publish order in Council relative to publication, 41 SEC RETARY -TREASURER, Appointment of, 11 INDEX. SECRETAKY-TREASUBER, His duties, II, 13 * ' ^ , To give security, 11 How^riven, li Security bond, 12 C?erk/of P ^'^'^•^y *h« Chief Officer 12 Coum ^Rates, g.v.g notice to each Municipality (Fo„„ j j, ,, To CO leot assessments, 75 Toact'nlTr Superintendent, 21 io act as CJerk to Justicfi nC «i>z> d ments, 81 ""*'"« °^ ^1^« ^^ace m suits for recovery of aasees- SEIZURE-See Execution SERVANTS, Conduct of, in towns and villages, 28 SHERBROOKE (TOWN) Act to apply to. Included within Countv of Pn SHIPTON, ^ of Comptou, 2 First eight Rano'es nf <5fi;,,* -maining Ra^s to fch"e ToZshK'cielr ?'> °^ Ship»«, , SIDE- WALKS, "wnsnjp ol Cleveland, 37 *^ ' Alteration of level thereof. 26 See also iitreei~(or Town ?> SINKING FUND SPECIAL CONSTABLES ' ^ At election of Councillors, 31 STATUTE LABOR, Of whom to be demanded, 22 73 Commutation thereof, J25 Repair &c. of roads by 55 Amount of Statute labor doubled 56 Mode of application. 56 ""^^'^' ^'^ LS'r;:itie:tS^63^ '^•^'^^J ^- performance of, 57 Rate of comiS," trbVp'^^^ ^^"P-^'^ent &c., 73 STREETS (bTowKs or vL,o..) |5uirs, ^gainst Secretarv-Tron _ .. _ . . iWenderan ao^u^t'or;',';;^^^^^^^^ »° render account*, 13 195 •I i 196 INDEX. SUITS, For recovery of money in his hand belonging to any Municipality ceas- ing to exist, 42 n ai ^. , Against any person ceasing to hold office, for recovery of office books, money, &c 13 For recovery of books, maps, papers, &c. from any person who may have held office under any former Municipal or Road AcU 44 Against paities causing obstructions or nuisances upon any highway, 62 encroaching thereon, 63 -n j z.* Against persons refusing to obey orders of Overseers of Eoads. 64 For recovery of penalties for neglecting to repair the front road, 65 For recovery of cost of completing unfinibhed work, 65 For enforcing fulfilment of contracts, 68 ^ i • i For recovering from Valuators in default, the cost of making a valua- tion, 71 iL u- r»j By the tenant, against the owner, for assessments paid by nim, 74 For recovery of assessments or penalties, 81 Judgment to carry costs, ^ ', Execution may issue thereon. Limitation of, SUMMONS, Service of, 81 SURETIES, No Municipal Councillor to be surety for an Officer of the Council, 9 Security to be given by Secretary-Treasurer, 11 How given, Surety Bond (Form O), 12 To be registered, . , , /. Security may be required from persons accountable lor moneys, or Contractors, 16 Contractors, 69 SURVEYS AND SURVEYORS, May be made, 24 . i ■ i r, Surveyor, Engineer, or Draughtsman, may be employed by County Superintendent, when required, 67 lacome of Surveyors to be Uable to Assessment, 73 TAVERNS, So much of 14 and 15 Vic, c. 100, as is inconsistent with Municip»l Act, repealed, 5 Regulation of, 23 • , j , E>i;h of ,1,0 Towns of Th d '"'''' "" "'"•^"'"l Purposes l^l Member, ,38 °''"'-'" """ ""^^ and Sherbr^-kl H Lrt' one |TTO MOUNTAINS, ,30 ;»: i'^r-^" ^- "— ^. ^^ ine,„ded .,W„ Co„n,. . ^ 'c«™fofl^^;T30''"'-'"''' '- ^'"-ond, ana inCnded wi.hin FAUDREUIL, 137 pRCHERES, 1.35 fVOLFE, 133 "XII'Im™""" "-"=-a"y named " Sherb™„ke", for eleCo,-., YAMASKA, 129 201 I, i 1 S] ACTS, Repealed, ADMINISTR/ May redee APPEAL, From decis ARREARS, Five years' Due at time ARRIfeRE-FIE Definition o Value of iuc ATTORNEY GI To frame Qt BANALITY--(] Yearly valiK Mode of esta To become a Application c ! CASUAL RICH' Yearly value Mode of esta To become a Of the Crown |CENSET RENl Yearly value I Mode of avera To become a i Application ol See Rentes i |CENS1TAIRES, May file apnea Jiay be heard May submit cc INDEX TO THJ! SEIGJVIOEIAL ACTS. ^•■v-VN.-fc'.-VN/'V-v. ACTS, Repealed, 145, 170 ADMINISTRATORS, May redeem rentes conslituees, 162 APPEAL, From decision of Judges, 157 ARREARS, Five years' rentes mistitutes may be recovered mi Due at time of commutation, 164 "'''°^®'®^» ^^ arriI:re-fief, Definition of, 166 Value of lucrative rights of Seignior Dominant therein, 147 ATTORNEY GENERAL, To frame Questions, J 55; See Questions. BANALITY~(Droit dk Banaijtk,) Yearly value (hereof on each lot, 147 Mode of establishing (he same, 148 To become a rente comiituee 149 Application of revenue fron. 'Special Fund in reduction thereof, 160 ' CASUAL RIGHTS, Yearly value thereof on each lot, 1 47 Mode of establishing the same, 148, 149 10 become a rente conslUuec, 149 Of the Crown, 149 [CENSET RENTES, JfeaMy value thereof on each lot, 147 Mode of averaging the same, 148 io become a rente comtitvie, 149 ftrteS/™"" SP--' F"""*. - — ^.....i preside, 157 "6 lucruoij xoy LANDS, '' ""^ "'""""••ng Comm«i„„er, m LAUZON, SEIGNIOKY OF, Revenues arising tlierefrom to form part of ih. < - • LETTRES DE TERRIER Se,gn,orial Fund, 159 Right of Seigniors to obt'a.,, abolished, ,70 LODS ET VENTES, Opposition by, IGI MILLS.-See fVaier power MINORS, Opposition by Tutors, &c., 161 MONEYS ARISING FROM REDEMPTION or «..r MORTMAIN, LANDS HELD IN MI'NICIPAL LOAN FUND ' """'''"'^"'"""^•^'■""g a Schedule, ,49 207 208 INDEX. NOTICE, Of public meeting in a Seisfnioiy, for appointment of experts, 150 Of appointment of a third Expert, 151 That Schedule is ready for inspection, 152 Of deposit of Schedule, 153 Of the filing of Questions, 155 OATH, To be taken by Commissioners, 146 Commissioners may take evidence on, 150 OPPOSITION TO DISTRIBUTION OF COMMUTATION MONEYS, Must be filed within six months after deposit ot Schedule, 161 Effect and duration thereof, 161 What parties must file, 160 In default of, each Seignior may receive his share of Special Fund, &c., 161 Mode of distribution v ^en there is opposition, 161 Seigniorial rights and rentes preserved in sales under execution, 164 Opposition for preservation to be null, 164 ORDNANCE SEIGNIORIES, ^ Act not to apply thereto, 165 PENALTIES, For obstructing Commissioner, 173 For refusing to give evidence, 150 PROVISIONS, Average annual value of, 148 QUESTIONS, To be submitted to the Judges by the Attorney General, 155 To be publishfid, 155 To be taken into consideration and decided as soon as possible, 155 Seigniors may be heard thereon by Counsel, and may file counter- questions, 156 Censitaires may do likewise, 156 Copies of counter-questions to be furnished to all parties, 156 Mode of hearing, 156 Form of decisions, 157 Effect of decisions, 157 Separate decisions may be rendered upon particular questions, 157 Appeals allowed when there is a dissentient Judge, 157 QUINT, Release from, 154 RECEIVER GENERAL, Triplicate of each Schedule to be transmitted to him, 153 To pay to each Seignior his share of the Special Fund, with interest, on receipfbf a certificate from Cleik of Superior Court that there is no Opposition to the payment of the redemption moneys, 161 To pay the same to the Clerk of the Superior Court when there is an Opposition (except the interest, which is to be paid to the Seignior,) 161 ..... Further directions concerning payment when an Opposition is in force, 169 ,, To pay interest to the Seigniors after 1st January, 1856, if the Fund be not ihen divided, 172 To keei special accounts thereof, 171 To invest any portion of the Fund not immediately required, 172 EENTE CON INDEX. EEDEMPTION OF RENTP«3. c « ^^'^^^^'-^^^ Rentes consiiluees REGISTRATION, lisutes constituies to have nrAfo, without registration, 163 P'^^^'^^"^® o^e' other hypothecary claims, I HELIGIOUS COMMUNITIES I EENTE CONSTITUTE, Yearly value of Seiffniorial R, •«!,♦- Valu/of rights of S^ i^S tSto^VS! '° '«?'"•«. '« 209 aid of the Ce«Ste>e« in ea^h Setn^^^^^^^ '"r'««> *° be applied in Seignior may receive from the cSS/u '"^'^.'^^^on of, m^^ ^ '" Corporations, Tutors, &c. anT „/"*««»f«« the price of, 161 deem, 162' '' """' ^"'^ P««°"« ^olding^entaile'd lands, may re- Religious Communities holdinffSeiVnior.- • > y ^^ Tor Sn^5s risSPr^i '"s" "^ "''"'*""' by Tal„«, to., 'i63 °°"°'' ''°'«" *« Sefgmoor i, ea'laajd, o, held Mode of payment, 163 ^ Opposition, 163 ETRAIT.— (^oxf c?fi R^traU.) £l?v^^*^^®"®.'^*^"°fative right 147 ^^''^'^'^ Conventionel abolished,l7i |lEVISION OP SCHEDULES, Proceedings on application, 163 ' "^ T. SULPICE SEMINARY, Act not to apply to Seig^iorfe. held by, 165 Ns UNDER EXECUTION.-S.ei:xecu/ib«. (CHEDULE, m L 14 210 INDEX SCHEDULE, Public notice before commencing the same, 149 To be open for inspection, when completed, 152 Correction of errors, 162 Not to be completed until all questions in dispute regarding righti of Seigniors are decided, 152 Court for Revision of Schedules to be formed by selection of four Cob. missioners, 152 No revision to be made except upon due application, 162 Proceedings thereon, 162 To be deposited, in triplicate, 153 Clerk of Superior Cotirt to give extracts, &c., 153 If ail have not been deposited by 1st January, 1856, 171 For the lands in Sherrington may be deposited without waiting for dec!' sion of Special Courts 172 Governor may direct Schedules to be deposited for Crown Seignioiiei and Jesuits^ Estates, 17iJ Not to be impeached for iiiformality, 173 SEIGNIOR, Definition of the word " Seignior,'* 166 SEIGNIOR DOMINANT, Value of his rights to be ascertained, 147 Amount of Special Ftmd appottioneid to each Sfeigniory shall balone (o | the Seignior, subject to the right of the Seignior Dominam, 160 SEIGNIORY, Definition of, 166 SHERINGTON, Lands in, 165, 172 SUPERIOR COURT, Triplicate of each Sc'hedule to bs deposited in office of (he District, ISlj Clerk to give extracts, &o.) 153 TITLES OF ACTS, Act of 1854, 167 Amending Act, 174 TITLES OF LANDS, In determining charges on each lot, Commi««ioner to be guided title of the owner, 147 TUTORS, CURATORS, &c.. Opposition by, 161 Responsible for neglect. 111 May effect the redemption o£rentei constifyies, 16^ If tnere be no opposition in force, 163 Redemption allowed, 163 VALUATION, Of Seignior's rights, 146 \ji ^..ruwn ngniB, iiv Of rights of any other Seigaior iomiruintf 147 INDEX. VALUATION, Of total rights on each lot. 147 Average annual valup of A/^.' • General Rnlea for, Til P'^^'^'O""* 148 DroU de boTialite. 148 Other rights, 149 ' May be made by experts in raw- • Q™.EC.-Pri„,ed by S. Dk«,«„,«= & g „ lent Majesty. 211