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T» sh Tl wl M dii en be rifi re( mi ue oc 10X »cum eni e SI Til me a 14X u lau X ae reou ciion 18X inoK |ue G i-oas sous 22X 26X 30X y i 12X » 16X 20X 24X 28X 32X *^ The copy filmed here hee been reproduced thenke to the generosity of: Librsry of the Public Archives of Csnsds L'exempieire film6 f ut reproduit grAce A la gtnArositA de: La bibiiothAque des Archives publiques du Canada The imeges eppeering here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers ere filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other originel copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with e printed or illustrated impression. 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TORONTO: PRINTED BY STEWART DERBISHIRE Sc GEORGE DESBARATS, LAW PRINTER TO THE QUEEN'S MOST EXCELLENT MAJESTY. 1857. ff^^ffWSW' '^F^W^WW AN ACT TO MAKE MORE AMPLE PROYISION FOR Till: INCORPORATION OF THE TOWN OF THREE-RIVERS. 20 VICT0RI2E, CAP. CXXIZ. TORONTO: PRINTED BY STEWART DERBISHIRE & GEORGE DESBARATS, LAW PRINTER TO TU£ QUEEN's MOST SXCSUSNT 1UJX8TY. 1857. ANNO vicb:simo VICTORI.1^ REGIN/E. CAP. CXXIX. An Act to mnke more ample provision for the incor- poration of the Town of Tiiree-Rivers. "VVT HKRE AS the provisions of the Lower Canada Municipal ▼ f and Road Act of 185.J, and the Act amending the same of 1856, do not meet the present wants of the Town of Three- Rivers, and it has become necessary to make more ample pro- vision for the internal manas,'emeiit of the said Town: There- fore, fier Majesty, by and vvilh the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Preamble. 57 0. 3, c, 16-- 17 0. 3, c. 13, and L, C. Mu- nicipal and Road Acts re- pealed in so far as tlu-y re- late to Three- Rivers. L L The Act passed in the Session held in the fifty-seventh year of the Reign of His late Majesty, George the Third, chapter sixteen, intituled, An Act more cffedual/i/ to provide for the re- gulation of the Police in the Cities of Quebec and Montreal, and the Town of Three- Rivers, and for other purposes therein vien- tioned, and the Ordinance of the seventeenth year ; f the Reign of His late Majesty George the Third, chapter thiriuvt, intituled, An Ordinance for preventing accidents l>yfire, the Lov,er Canada Municipal and Road Act of 1855, and the Act of 1856 amend- ing the same, are hereby repealed, in so far as. ihey relate to the Town of Three Rivers ; 2. The inhabitants of the Town of Three-Rivers, and their The City of successors shall be and are hereby declared to be a body politic Three-Rivers and corporate, in fact and in law, by the name of the " Corpo- "'<=°'P<""'''«^- ration of the City of Three-Rivers, " and by the same name they and their successors shall have perpetual succession, and shall have p.^wer to sue and be sued, implead and be impleaded. Corporate answer and be answered unto, in all Courts and in all actions, powers. causes, suits at law whatsoever, and shall have a Common 1* Seal, Cap. 129. Three- Rivers — Incor/ioraliori . 20 Vict. Seal, with power to alter and modily the name at their will and pleasure ; and shall l)e in law capable of receiving,' by donation, ac(|tiirin;^', holding' and departing with any properly, real or moveable, lor the use of the saiil City ; t)t' beeoiiiini,' parties to any eontriiets or aj^reenients in the nianageinent ol' the aliiiirs of tilt! said City; and of giving or aeeepting any notes, bonds, obligations, judgments, or other instruments or s(!eurities, for the payment of, or securing the payment of any siun of money borrowed or loaned, or for the execution or guaranteeing the execution of any duty, right or thing whatsoever; Triinsfer of 3rd. Upon the said Corporation shall devolve all the powers, ei-riM "l lluTles privileges and duties conferred or imposed upon the Municipal tothcHiiid Council of the said Town, by the Act passed in the thirteenth t'oriiomtiun, and lourteenth years of Her Majesty's Ueign, chapter one hun- dred and four, intituled, An Act to transfer to the Mtniiripal Council of the Municipality of the Toicn of Three-Rivers the administration of the Conxnum of the said Town, and for other purposes. Boundaries of II. The said City of Three-Rivers shall be bounded as the City. follows, to wit : in front by the River St. Lawrence, in rear by a line parallel to the general course of the said river, at a dis- tance of one hundred and sixty chains from the west point of the mouth of the river St. Maurice, on the east side by the east bank of the said river St. Maurice, and on the west side by a line at right angles to the said rear-line, commencing from a point therein, at a distance of one hundred and sixty chains from the west bank of the said river St. Maurice, until it reaches the said river St. Lawrence, including the Islands in the river St. Maurice within the said limits. Wards ; names ; their And bounda- ries : St. Pliilip'.s Ward. St. Louis Ward, St. Uraule Word. III. 1st. For the purposes of this Act, the said City of Three- Rivers shall be and is hereby divided into four wards, which shall respectively be called and known as " St. Philip's Ward, " " St. Louis Ward, " " Ste. Ursule Ward, " and " Notre-Dame Ward, " and shall be bounded as follows, to wit * 2. St. Philip's Ward shall be bounded in front by the river St. Lawrence, on the south-west and in rear by the limits of the City, on the north-east by the rear line of the building lots situated upon the nTrth-east side of St. George and Bell streets; 3. St. Louis Ward shall be bounded in front bv the river St. Lawrence, on the south-west by St. Philip's Ward, in the rear by the limits of the City, and on the north-east by a line passing through the centre of Bonaventure and Caserne streets, to the river ; 4. St. Ursule Ward shall also be bounded in front by the River St. Lawrence, on the south-west by St. Louis Ward, on the Vict. 1857. 77j rce -Rivers — Incorporation . Cap. 129. the north-wost by tlin roar line of tlu- building lotj* situnte to the iiorlh-wext oC St. JoMt-ph street ami that croMsinj^ from the soiith-eiiHt of thf Court House, continued in a straight line as far as the east bank of the river St. Maurice ; 5. .^otro-Dnme Ward shall be bounded on the south-west Notro-Dumt by St. I^ouis Ward, on the north-west and north-east by the Wuia. limits of the City, and on the south-east by St. Ursule Ward. IV. There shall be elected, fronn time to time, in the manner Mayor nnd hereinafter mentioned, a fit and proper person who shall be and J^mi'iiii'rs to be called th(^ Mayor of the said City of Thrje-Rivers, and '*''''''"''"'• eight fit persons who shall be and be (tailed Councillors of the City of Three-Rivers ; and such Mayor and Councillors for th(' time being, shall form the Council of the said City, and shall be designated as such, and shall represent for all jmr- poses whatsoever the " Corporation of the City of Three- Rivers. " V. 1. No person shall be capable of being elected Mayor Quniificntioui of the City of Tliice-Rivers unless he shall liavi* been a re- "''*'">"•'• sident householtler within the said City for one year before such election, nor unless he be possessed to his own use of real estate, within the said City, of the value of four hundred pounds currency, after payment or deduction of his just debts ; 2. No person slinll be capable of being elected a Coun- Qunlitications cillor of the said City, unless he shall have been a resident °'^°"'"'''''"'''' householder within the said City for one year before such election, nor unless he be possessed to his own use of real estate within the said City, of the value of two hundred pounds currency, after payment or deduction of his lawful debts ; 3. No person shall bo capable of being elected Mayor or ^"*''''.«"' 'i"»- Councillors of the said City of Three-Rivers, unless he be a ' «""'""'• ratural-born or naturalized subject of Her Majjsty, and of the full age of twenty-one years ; 4. No person being in Hi)ly Orders or the Ministers of any Who mny not religi«.us belief v/haiever, the Members of the Executive Coun- *'«' Mayor or cil, nor Judges, SlieriH's or Olficers of any Court of Justice, nor Councillor. Ollieers on full pay in Her Majesty's Army or Navy, nor any person accountable for 'he revenues of the said City, or receiv- ing any pecuniary allowance from the City for his services, nor any olficer oi« person presiding at the election of the Mayor or the Councillors, while so employed, nor any person who shall have been convicted of treason or feUmy in any Court of law within any of Her Majesty's dominions, nor any person having in person or through his partner, any contract whatever or interest in any contract with or for the said City, shall be capable of being elected Mayor or Councillor for the said City ; Provided Proviso. Wild Hlinll not tii> linuml to mi'cpt the Hiild utHvctf, Who mny vote at cln tious. Proviso : voter niii!r or ('(iiiticillor lor tlic miid ("ily, innn the iiu't «)lliiH hi'irjy \\ sl(;ir»'lioltliMy years, and lh)t retire from office, and who shall be appointed by the Council one month previous to the time fixed for the said election, and the said Councillor so chosen to pre- side at the said election shall appoint deputies to keep the Polls in each Ward, in the same manner as the Registrar shall do for the first election, and the said Councillor and his deputies shall make a proclamation of the persons elected in the same manner, at the same hour, and in the same place as the Registrar and his deputies for the first election, and the said Councillor and his deputies for all purposes relating to elections, shall have the same powers and the same duties as the Registrars and their duties have, for the first election ; Powersofper- 5. The person who shall preside at an election and his depu- '"' d 1 ' -^D "u- ^'^^ '" ^''**^'' ^^'^'■^i shall, during such election be conservators ties. " of the peace, and shall be invested with the same powers for the preservation of the peace, and the apprehension, imprisonment, holding to bail, trying and convicling violators of the law, as are vested in the Justices of the Peace, and this, whether the said person presiding do or do not possess the property quali- fication of a .lust ice of the Peace, as required by law, and it shall be lawful for the President to ap|)oint special constables in sulficient numbers to preserve peace at the said election, if he shall *hink it necessary or be required so to do by five electors. Notice of first meeting of Ck>uncil. X. 1. The person presiding at any such election shall, within two days from the closing of the election, give to the Mayor and each of the Councillors so elected, special notice of their said election, as well as of the place, the day, and the hour, appointed for the first meeting of the Council take place after their 1857. Three-Rivers — Incorporation. Cap. 129. 9 and theii' said election : The Mayor and Councillors so elected shall p,,,™ ;„tQ enter respectively into oltice as such, at the said first meeting, ottice. and shall remain in office until the appointment of" their suc- cessors ; 2. The person presiding at any such election shall deliver up Pon books, immediately to the Secretary-Treasurer of the City Council, &o., to he de- if such officer exist, and if not, then as soon as the said officer [l^'«>'*';' "P 'o shall be appointed, the Poll Books kej)t at such electioii, to- Xreasuitr, &o. gether with all other papers andilocuments relating to the said election, certified by himself, to form part of the records of tin; said Council, and copies of the same certified by the Secretary- Treasurer, shall be valid in any Court of Justice; 3. The first session of the Council, after the first election, Mnyor nnd shall take place within eight days immediately following the Counoillirs to said election, and at such meeting the Mayor and Councillors ofll^c'e""*'' °^ shall take the following oath "I, A. B., do solemnly swear faithfully to fulfil the duties " of memb(!r of the City Council of Tlure-lvivers to the best *' of my judgment and al)ili1y ; So help me God." And the members then present, provided they form a ma- Qnonim nt jority of the (,'ouncil, shall i)e authorized to act as the Council, first meiting. and all members absent without just cause shall be held to have refused the ollice, ami be liable to ilie fine hereinalter pro- vided for in like cases, unless they be persons who are ex- empted from serving •, 4. The Mayor and Councillors elected at the elections subse- wiion Xxyov quent to the first, shall enter inlo ofiice on tlieday oftheir nonii- clectcil n ter nation, and a meetinii; of the Council shall take place within W'"^' i'le»;f' on . • 1 !• • 1 I. 1 /• 1 • shall iio mto eight day alter, m the same maimer as alter the first election, office. and the Mayor and Councillors elected shall taiic the same oath, and those absent without just cause siiall be held to have refused the office, and shall be liable to the penalty provided in like cases, unless they be persons who are exempted from serving ; 5. Five members of the Council shall constitute a quorum > Quorum 6. The expenses of every election shall be defrayed out of the Expeusts. funds of the Corporation. XI. 1. fn any case in which one of the persons elected shall j^ ^^^^ ,ho refuse to act as Mayor or Councillor, or that his election being Major m- contested shall be declared null, the Ward for which the said tjo"'"^'""" Councillor shall have been elected, shall proceed to a new ^^t. election, and elect a p( rson to replace the said Councillor wiihin one month after the said refusal shall have been made necessary, orthat the said election shall have been declared null ; and 10 Cap. 129. Three-Rivers — Incorporation: 20 Vict. Tf the Mayor refuses, &o. In case of the absence, death or incnpncity of Miiyor or Councillors. and if it be the Mayor who shall refuse to accept, or whose election shall have been declared null, the elector? of the City sha il proceed to a new election lor sach Mayor, within the same del ly ; and in such case the Poll shall be held oniy at the City Hall, and tlie said election shall be conducted in the same ma mer as annual elections ; ?. Incase of the death of the Mayor or a Coinicillor, or in case of hit' absence from the City, or incapacity of acting as such, either from infirmity, sickness, or any other causi, during three calendar months, the other Councillors, at tlie first meet-- ing of the Council which shall lake place after f iich decease, ortlie expiration of the said period of three months, ^ihall appoint from amongst the inhabitants of the City another Mayor or Coimcillor to replace the Mayor or Councillor so deceased, absent, or rendered incapable, as above nientione I ; Provided, hov.ever, that notwithstanding the decease, absence, or inability to oct, of the said Mayor, or the said Councillor, the remaining Councillors shall continue to exercise the .lame powers and fulfil the same duties which they would have had to exercise or fullil, had not such decease, absence, or inability to act on the part of the said Mayor or Councillor taken place ; 3. Every Mayor or Councillor so elected or appointed to replace another, shall remain in olfice for the remainder of the time for which his predecessor had been elected or appointed, and no longer. Presiding Of- XII. Before any person shall proceed to hold nii election in fleer lit .'I ec- conformity with this Act, he shall take the foKowinji oath, tlOJl to tUKC *^ . . t t . r^ 7 onth. which any Justice of the Peace, residing in the said City is hereby authorized to administer, that is to sixy : Proviso : ro- mniuiugCoun cillors em- powered to act. Duration of office. The oath. " I do solemnly swear, that I will faithfully and impartially, " the best of my judgment and ability, discharge the duties PresidingOfli- ccr to examine candidates up- on Oiitlis as to qualitication. The oath. if, to ...„ ... ...J J — _, J, — 'fi^ '"^ uuihtS Ol " Presiding OlHcer at the election which I am about to hold for " persons to serve as members of the City Council of Three " Uivers : So help me God." XIII. The officer presiding at any election ui'der this Act shrill have authority, and he is hereby required at ihe request of any person qualitied to vote at such elect 'on, to examine on oath [or aflirmation, u-hcu the part)/ is ullowrd by law to iijfiim) any candidate for the ollice of member of th; said City Coi.ncil, respecting his qualification to be elected to the said ollire ; and shall also have authority, and he is hereby re(|uired upon such request as aforesaid to examine upon oatb {or a(Hr- mation) any person tendering his vole to any election, and the oatli to be administered by the presiding officer in both cases shall be in the form following, viz : " You shall true answer make to all questions put to you by " me (( Vict. whose le City e same he City same 1857. Three-Rivers — Incorporalion. Gap. 129. 11 ¥\ me " me in my capacity of Presiding OfTicer at this elRction, res- " pectinof vour qnalitication to be elected a member of tlie " City i iicil, (or respecting your qualification to vote at " this f ion, as the case may be) : So help you God. " And the presiding officer shall himself put the questions Mayputother which lie shall deem necessary. questions. X[V. At all the elections held under this Act, the poll books Poll books to containing the names ol the voters and olher matters, shall be be attested certified on oath by each ofth(^ deputies or clerks who shall "^''" '"'' ' have presided at such election in the respective wards of the said City, each of the said clerks or deputies certifying his o\vn, before ny Justice of the Peace residing in the said City, which oath the said Justice of the Peace is hereby authorized to administer, and which shall be in the form following : " I, A. B., do swear that the Poll Book kept by me at the The oath. " Municipal Election for Ward No. , of the City of Tliree- " Rivers, is just and correct to the best of my knowledge and " belief : So help me God. " XV. If any |)erson being examined upon oath or aflTirmation rulse swear- under this Act as to his (pialification to vole or to be elected, J"*^ ^^' ^^ ^'^^' shall willully foiswear himself, he wliall be deemed guilly of "'^' wilful and corrupt perjury, and on conviction ihcreof, shall be subject lo the same penalties as in cases of other wilful and corrupt perjury. XVI. The said City Council shall meet at least once in Times iind each month lor the transaction of the !)usiness of llie said City, piiico-^n'moet- and shall hold their sittings in the City Hall or in any other coundl.^''*'' place in the said City which shall have been set apart for the purpose, either temporarily or permanently ; Provided ahvavs, „ . ' ' ' , ' , ' n- • 1 "^ ' Proviso, as to tiiat one or several members, not sullicient to lorm a quorum, dajourninents may adjourn any meeting of the Council which may not have nml penr.lties taken pla(!e for want of a quorum, and such members, though [",' """"''" not forming a (juorum, are hereby authorized to compel the at- tendance of absent members at the regular or adjourned iieeting as aforesaid, and to impose such penalties upon such absent members for a repetition of the ollisnce, as may be provided by any By-law of the said City Council for that purpose. XVII. It shall be lawful for the Mayor of the said City Mayor may whenever he shall deem it necessary or useful, to call special •="'''!?« '"'' meetings of the said Council, ami whenever two members shall be desirous of obtaining such special meeting, thoy shall apply lo the Mayor to call such meeting, and in the absence of the , , . „ ,, "^ 1 • . 1 1 II I • Ami in jnso of Mayor, or on his refusal to act, they may call such meeting his abs^nne or themselves, on stating in writing to the Secretary-Treasurer of reiV^al. the said Council, their objec in calling such special meeting, and the day on which they are desirous that it shall be held ; and 12 Cap. 129. Three-Rivers — Incorporatittn. 20 Vict. and the said Sfcretary-Tieasnror shall, upon receipt of such wr -'ten notification, communicuto the same to the other mem- bers of the Council. Decision of XVIII. 1. If the election of all, or of one or more of the coritestcilelcc- Covmcillovs be contested, such contestation ^hall I e decided by Circuit Court, the Circuit Court for the Circuit of Three Rivera ; Who may con- 2. Evety such election may be so conteste(' by one or *'*' ' more of the Candidates, or at least ten o( the electors of the said City; AnJ how. Form of pro- ocediiigri. S. The said contestation shall be brouj^ht before the Court, by I petition signed by the petitioner or petitione*s, or by any Ati)rney duly authorized, smelting forth in a clear manner the groiinds of such contestations ; '. A true copy of the petition, with a notioe stating the day on wliich the said petition will be presented (u the C< urt, shall be fir?:' duly served upon the Mayor, Councillor or Councillors whose elei tion is contested, at least eight days before the day on which the said petition 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 Bailiff wh) shall have ma le such service ; but no such petition slivdl be r -ceived after the term next following the election lherel)y contested, unless suc'i election took place within the fifteen days next pieeeding the first day of such term, in which case any such |)etition may be ^resented on the first day of the second term, bU not later ; nor shall any such petition be received, unless sec. irity for costs be given l^y the petitioners in the presence of a jui geof the Su- perior or Circuit Courts or of the Clerk ot the Circuit Court for the said Circuit of Three-Rivers, or his deputy ; 5 If the Court be of opinion that the grounds set forth in the petition are sufficient in law to void the election, it sh ill order proi)f to be adduced if proof be necessary, and the parties inte-, rested to be heard, on the nearest day which it shall deem expe- dient ; and shall proceed in a summary manner to hear the said contestation ; the evidence may be taken down in writing or given ora'ly in whole or in part, as the Court shall order ; And if the trial of such contestation be not concluded at the close of the term of the Court during which it began, the Judge shall contmue the same in vacation : and shall adjourn from day to daynntil he shall have pronounced his final judgment upon the merits of the same : And every such judgment so pronounced and all proceedings had in any such c ise in vaca- tion shall have the same efiect as if the same had been pro- nounced or had in term ; What mny be &. The Court may, on such contestation confirm the election declared by or declare the same to be null and void, or declare another the jud^'inent, person Time for con- testinij limit- ed. Security for Co=ts. Courts may proceed iu a summary manner. Evidence. .Judgment to be iioal. Court. 1857. Three-Rivers —Incorporation. Cap. 129. 13 person to have been duly elected, and may, in either case award costs to or against either party, whicii costs shall be taxed and recovered iu the snnie manner, and by the same means, as costs are t&Aed and recovered in actions of the iirst class brought in such Circuit Court ; an'l the Court may ordei its judgment to be served upon the Secretary-Treasurer of tlie Council, at tue expense of the party condemned to payment of costs, as afoiesaid ; 7. If any defect or irregularity in the formalities prescribed Witlj respect for the said c ection be set forth in any such petition, as a ground *" Jefeiits or of contestation, the Court may admit or reject tlic objection, '"*^^*'""^" "''*■ according a^ such delect or irregularity may or may not have materially affected the election. XIX. In case it shall at any time happen that an Annual In case any Municipal Election shall not be held, for any reason whatever, annual Muni- on the day when, in pursuance of this Act, it ought to have gj.'ijjino^be" been held, the said City Council shall not, for that cause be held, deemed to be dissolved, and it shall be lawful for such members of the said Council as shall not have retired from office, to meet again, for the purpose of fixing as early as possible a day for the holding oi such Annual Municipal Election ; and in such case, the notices and publications required by this Act shall be published, and posted up not less than one clear day before the election : And if it be the first election which has not taken place, then it shall be the duty ol the liegistrar to have it take place within the shortest possible delay. XX. The said Council shall have power to punish by im- Power to prisonment not exceeding fifteen days, or by a fine which siiall ^"JpeuJltiM^ not excead, but may be less than fifteen pounds currency, any Councillor who may be guilty of serious disturbance or violence during its sittings, either by action, by word or in any other manner whatsoever. XXI. All meetings of the said Council shall be public, Ccrtnin other excepting only when the said Council shall enquire into the powers of conduct of any members of their own body, for any causes *'"°*'* ' whatsoever, in which case it shall be lawful for the said Coun- cil to sit with closed doors ; and the said council shall deter- Meetings to mine the mode of their proceedings, and shall have power to ^ public. cause order to be observed by persons present during their sittings, and to punish by fine and imprisonment, or by one of the two, any act of contempt committed by any such Contempts. persons present : Provided always, that no such fine shall p,o^igo exceed the sum of five pounds currency, and that no such " imprisonment exceed the period of fifteen days. "*** XXII. The Sheriff and Gaoler of the District of Three- Duties of Rivers shall be bound, and they are hereby authorized and Sheriff aud required to receive and safely keep imtii duly discharged, all O^ol"' persons . I ' : t 14 Cap. 129. Three- Rivers — Incorporation. 20 Vict. persons commitlt'cl to their charge by the said City Council, or any member or oUicer thereof under the aiUliority tiiereof. Absence of XXIII. Whenever the Mayor shall not be present at a regular Miiyoi piovid or special meeting of the said City Council, the Councillors ed lor. present shall choose one of their number to discharge the duties of Chairman during tiie meeting. :^ M : .! Becrct \ry- Ti'oii.surer ap- pointed. XXI v. 1. The Council, at its first general session, or at a special session, held within fifteen days, which shall loUowtlie first day of such generd session, shall iipnoini an ollicer who shall be called the " Secretary-Treasurer oi the Council ;" Putics of Se- cretary-Trea- surer. 2. The Secretary-Treasurer of the Council shall be the custodier of all the books, registers, valuation-rolls, collection rolls, reports, proces-vcrbaux, plans, maps, records, documents and papers kept or filed in the office or archives of the Council ; he shall attend all sessions, and shall enter in a Register kept for the purpose all the proceedings of the Council, and he shall allow persons interested therein, to inspect the same at all reasonable ir tifi te "^^ ' "'^"'^ every copy or extract of or from any such book, to make cer- register, valuation-roll, collection-roll, report, procKS-verbal ^ tain docu- plan, map, record, document or paper certified by such Secretary- mentsauthen- Treasurer, shall be deemed authentic ; Security to be 3. Every person appointed Secretary-Treasurer to the Council given by liim. shall, before acting as such, give the security hereinafter men tioned : Sureties ; and for what bound. 4. He shall furnish two sureties, whose names shall be ap- proved by a resolution of the Council, before they shall be admitted as such : All such sureties shall be jointly and seve- rally bound together with the Secretary-Treasurer, and their obligation shall extend to the payment of all sums of money for which the Secretary-Treasurer may, at any time be account- able to the Corporation, including principal, interest and costs, as well as the penalties and damages to which he shall become liable in the exercise of his office : Security bonds. 5. Every security bond shall be made by an Act before a Notary and accepted by the Mayor, and it shall be the duty of the Secretary-Treasurer to transmit to the Mayor a copy of the same ; ^»l To be regis- tered : and its effect when registered. 6. Every such security bond, when duly registered in the registry office for the Registration Division of Three-Rivers, shall carry with it a hypothec {hypothique) only on such im- moveable property as shall have been therein designated : And it shall be the duty of the Chief Officer of the Council to cause it to be registered immediately on receipt thereof ; or at a (llowllie icer who il;" 1857. Three-Rivers — Incorporation. Cap. 129. 15 7. The Seoretary-Treasurer of every Council shall receive all The Sccretarj monevs due and payable to the Corporation, and lie shall pay TriMisurer out of such money -1 all drafts or orders drawn upon him by any "''"I'L'y^'uut' person thereunto anlhorized by this Act, for the payment of any tlic nionpysof sum to be expended or due by the Municipality, whenever « t-'oi^oia- thereunlo aiithorized by the Council, but no such draft or order '""*" shall be lawfully paid l)V the said Secretary-Treasurer, unless the same shrdl shew sufheienliy ilie use to be made of the sum mentioned in such draft or order, or the nature of the debt to be paid then^by ; 8. The Secretary-Treasurer shall keep in due form, books of simlUwptho account in which he shall respectively enter each item of ijooks. receipt and expenditure, according to dates, mentioning at the same time the names of the persons who have paid any moneys into his hands or to whom he has made any payment respect- ively, and he shall keep in his office the vouchers for all expen- diture ; 9. The Secretary shall render to the Council every six To render months, that is to say, in the months of June and December attested ao- in each year, or oftener, if required by such Council, a detailed "''*"''*• account of his receipt and expenditure, attested by him under oath ; 10. The Secretary-Treasurer's books of account and vouchers Books to be shall, at all reasonable hours of the day be open for inspection, open to public. as well to the Council and to each of the members thereof, and the Municipal Officers by them appointed, as to any person liable to assessment in the City. 11. The Secretary-Treasurer, or any other person who shall have filled the said office, may be sue'd by the Mayor in the name of the Corporation, before any tribunal of competent jurisdiction, for an account, and in any such action he may be condemned to pay damages and interest for having failed to ren- der such account ; and if he render an account, he shall be condemned to pay such balance as he shall acknowledge or de- clare to have in his hands, together with such other sums as he ought to have credited himself with, or as the Court shall think he ought to be held accountable for ; and every judgment pro- nounced in any such suit shall include interest at twelve per cent, on the amount thereof, by way of damages, together with the costs of suit He may be sued by/the Mayor in the name of the Corporation. . Damages in such suit. 12. Every such judgment shall cany contrainte par corps cmtraintt against the said Secretary-Treasurer, according to the laws in parCorf*. force in like cases in Lower Canada, if such contrainte be de- manded in the action to compel the rendering of the said account ; 7. 13. II' ! 16 Cap. 129. Three-Rivers — Incorporation. 20 Vict. ( , t i I ' . i Power ot 13. The Council sliall have power and aulhorily to appoint Council to lip- rtiu'h othur ollict'i-s as may be neecs.sary fur carrying into ellect poiutomcers. tile proviaions of this Act, or of any Hy-la\v or regulation of sucii Council ; 14. Every Municipal Olficer, whether elected or appointed shall, within eight days from the day on which he shall cease to hold such ollice, deliver lo his successor, if he be then elect- ed or appointed, or if not, then within eight days after the elec- tion orappoinfinent of such succe>sor, all moneys, keys, books, papers and insignia belctiiging to snv.U ollice ; Officers retir- inn— tiioir duties. In cftse of (It'll til or abst'iicc from Lftwer Cana- da. 15. If any such officer die or absent himself from Lower Canada without having delivered up all such moneys, keys, books, papcM's and insignia, it shall be the duly of his heirs or other legal representatives to deliver the same to his successor within one month from his death or from his departure from Lower Canada ; His 8ucces.sor 16. And in every such case the successor in office of every to have a right gu^h olHcer shall, besides all other legal remedies, have a right cerul'n'purno- t>f iction beft)re any Court of Justice, either by saisie revendica- eea, tion, 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 in favour of the Corporation : and every judg- ment rendered in every such action may be enforced by con- trainte par corps against the person condemned, according to the laws in force in such cases in Lower Canada, each time the said contrainte is demanded by the declaration. Assessors to XXV. The said City Council shall have power whenever ♦h ^P??'".***' ' they may deem advisable to appoint three assessors or valua- tors of property, and it shall be the duty of the said assessors to estimate the rateable property in the said City according to its real value, and within the periods which shall be fixed by the said City Council. Assessors to aXVL Every person so appointed assessor, shall be bound, take oath. before proceeding to the valuation of any property in the eaid City, to take the following oath before the Mayor of the said City, or in his absence, before a Councillor, to wit : The oath. " I, » having been appointed one of the assessors of the *■ City of Three-Rivers, do solemnly swear, that I will diligent- "ly and honestly discharge the duties of that office to the best " of my ability : So help me God." Real property XXVII. The assessors who shall be appointed for the said qualification. City, shall be proprietors of real estate in the said City of the value of at least two hundred and fifty pounds currency of this Province. xxvin. 20 Vict. 1857. Three-Rivera— Incorporation. Cap. 129. n to appoint into elioct ^ulutioa of appointed liiiU c(';ise thru t'iucl- r tlic eioc- ■ys, books, om Lower nrys, keys, lis lu'irs or s successor irture from ce of every ave a riglit ? revendica- m his legal the same, with costs very judg- ed by coH' rdingto the 3h time the • whenever •s or valua- id assessors T according be fixed by 1 be bound, in the eaid of the said jssors of the nil diligent- s to the best for the said laid City of currency of XXVIII. ProcPP'linesnf Council upon deposit ot' iiK- 8e:4iimcut roll. XXVIII. Wlicn the as:«essors shiill have made a valuation of a!) the rateable [iroperty of the nuid City, tlioy shall deposi. the assossment roll with the Socretary-i'reasurer of the said City, and notice of such deposit shall bo given by the Secre- tary- Tn-asuier in a newspaper published in the said City: And at the next I'nsuing ni(!eting of the said Council, the said assessment roil shall be produced, and if they desire it, ex- amined by the (Joimcillors ; imd the assessment roll shall be deposited in the olKce of the Secretary Treasurer for the period of one month, dating from such meeting; and during that period, it shall -eniain open to the inspection of all persons whose propiTly siiall have been estimated, or their representa- tives; and within that period persons considering themselves aggrieved may give notice in writing to the Secretary- I'reas- urer of their intention to appeal to the said City Council, comp'aining of any excessive valuation, and such appeal shall be tried by the said Council, at the first meeting which shall be held after the expiration of the month above mentioned ; and the said Council, after having heard the parties and their witnesses under oath, which shall be administered by the Mayor or presiding Councillor, shall confirm or alter the valua- tion, tlie change whereof shall have been prayed for, as to them shall seem just ; and at the same meeting the said assessment roll shall be declared closed for two years ; unless, however, from the number ol appeals, the Council shall be compelled to adjourn, in which case the said assessment roll shall no' be declared closed until all the app'>als shall have been heard and determined ; Provided always, that if, after the said assessment roll shall have been declared closed as aforesaid, any property in the said City should sulfer tny considerable diminution in value, either through fire, demolition, accident or any other reasonable cause, it shall be lawful for the said Council, upon the petition of the proprietor, to instruct the assessors to reduce their valuation of such property to its then actual value ; Aad provided also, that if any omission shall have been made in the said assessment roll, the said Council may order the assessors to value any property so omitted, in order to its being added to the roll. XXIX. At the first meeting after each Annual Municipal Two Auditors Election, two persons shall be appointed by the sai'i City ofacoounte to Council, to be Auditors of the accounts of the said Council ; and sworn! ' and such Auditors shall take the following oath, before any one of the Justices of the Peace residing in the said city, that is to say: " I, , having been appointed to the office of The oath, " Auditor of the city of Three-Rivers, do hereby swear, that I " will faithfully perform the duties thereof, accordingto the best " of my judgment and ability ; and I do declare that I have not " directly or indirectly any share or interest whatever, in any 2 " contract Proviso, as to reduction of property iu value. Proviso. 18 Cap. 129. Three-Rivers — Incorporation. 20 Vict. "contractor em|)loyment with, by, or on bnhulf of the City "Council of the suid city of Tiiree-Uivers : So help nie Goil." XXX. It shall be the duty of the Auditors to examine, approve, or disapprove of and report upon all accountN which may be entered in the books of the said Council or concerning them, and which may relate to any matter or thing under the control ol, or within the juritJ8tice 01' tlie during the period of his olfice, be a Justice of the Peace, in and for the District of Three- Kivers notwithstanding any disqua- lification he may be subject to by law. Duty of An- ditorg. Dctniled nc- cmints to lie published. Real property qualincatioii of Auditors. Proviso : cer- tain parties disqualilied. Peace. How Council- lors shall be di&qualified. Vacancy be filled. Proviso. to XXXIII. Every person holding the office of Councillor of the said city, who shall be declared a Bankrupt or shall become Insolvent, or who shall apply for the benefit of any of the laws made for the relief or protection of insolvent debtors ; or who shall enter into Holy Orders, or become a Minister of Religion in any religious denomination, or who shall be appointed a Judge or Clerk of any Court of Justice, or a member of the Executive Council, or who shall become responsible for the revenues of the city, in whole or in part, or who shall absent himself from the said city, without the permission of the said Council, for more than two consecutive months, or who shall not be present at the meetings of the said Council for a like period of two consecutive months, shall, by virtue of any one of these causes, become disqualified, and his seat in the said Council shall become vacant ; and such person shall be re- placed in accordance with the provisions of this Act ; Provided always, that the word "Judge" employed in any part of this Act shall not apply to a Justice of the Peace. Town Council XXXIV. It shall be lawful for the said City Council, from may make By- ^\j^q iq x\j^q ^.o make such By-laws as may seem to them ne- toin purposes, cessary or expedient for the internal government of the city, for the improvement of the place, for the maintenaoce of peace and !0 Vict. he City xamine, H whifh ncerniiig indtT tliu Council, dctuiled assets of ^lish unci inid city, ;tionH. the said value ol" Provided ary-Trea- ny salary I'd under t;r entered 1 duties of ^rs, shall, Peace, in ny disqua- illor of the 11 become )f the laws 3 ; or who f Religion ppointed a nber of the ible for the lall absent of the said r who shall 1 for a like of any one in the said shall be re- ; ; Provided part of this tuncil, from to them ne- of the city, Qce of peace and 1857. Three-Rivers — Incorporation, Cap. 129. 19 and good order, and for the good repair, cleansing and draining of the sinels, public squares, and vacant or occupied lots ; for the prevention or suppression of all nuisances whatsoever, for the maintenance and preservati(»n of the public health, and generally for all purposes connected willi, or affecting the internal management or government of the said city. XXXV. It shall be lawful for the said City Council to Mny appoint appoint, remove and ropluce when they shall think proper, all '"'' '••''nuve such OlHeers, Constables and Policemen as tliey shall deem" ""*■ neccssiry for the due execution of the laws and by-laws now in force or to be by llicm enacted hereafter, and to require from all persons employed by them in any quality whatsoever, such security as to them ahull seem meet to ensure the due execution of their duties. XXXVf. In order to raise the necessary fundft to meet the Council nay expenses of the said City Council, andf to provide for the levy taxes : several necessary public improvements in the said City, the said City Councd shall be authorized to levy annually on persons and on moveable and immoveable property in the said City, the taxes hereinafter designated, that is to say : 1. On all lands, City lots, and parts of City lots, whether Upon real there be, buildings erected thereon or not, with all buildings ?«""?«' 'y; and erections thereon, the sum of one penny in the pound on their whole value, as entered on the Assessment Roll of the said City ; 2. On the following moveable property a like annual sum of And upon cer- one penny in the pound at the value herein specified ; *•»" muvcable Every horse kept for covering mares shall be rated at one hundred pounds ; Every horse kept for hire or gain, at fifteen pounds ; Every horse above the age of three years, and kept for domestic purposes, ten pounds ; Every bull or ram, at ten pounds ; Every head or homed cattle, aged two years and more, at ten pounds ; Every covered carriage with four wheels, fifty pounds ; Every open carriage with four wheels and two seats, at twenty pounds ; Every cunricle or light waggon with one seat, at ten pounds ; %* Every fl' I , I 2U Cap. 129. Three-Rivers— Incorjxirution. Every two horse Hlcigh, at fiflfPii pouiidM ; Every one liorsu sU-igli, at five pounds ; 20 Vict. 'i 1 ■ ( i i " in ! r fU fl' PtotIm ! Provided always, that all winter and Hunmier vehicles used iVitiun |icr- g,)|^.|y j,,f ,|,(. i-iirpose of drawing loatls, and all vehicles eorn- exempt. monly called draught vehicles, and also one iiiihh cow lor each I'atnily, and any animal ol a less value than live rounds, shall be exempt I'roni any tax whatsoever ; 3. On the stock in trade of all descriptions, kept by mer- chants and dealers, exposed for sale in shops, or kept in vaults or store-houses, a tax of one eighth percent, on the average estimated value of such slock in trade ; and the Seigniors of ttie fe/JAirc within which the said City is situate shall pay in f)roportion to their lucrative rights, one fortieth part of the sum evied upon the immoveable property in the said City, ei.i a Seignior paying in proportion to the interest held by him in ihe said censive : Provided always, that the total sum, th< fortieth part whereof shall have been so taken, shall ii')t inci'.ide the sum which shall have been imposed upon the douiuuitj and other private property of such Seigniors ; Upon iner- cLuuilize. Seigniors. Proviio, Tenant*. Jlnle inhabi- tnnta. Dog!). On cirtAin profcs8ioni>, trades, &c. 4. On all tenants paying rent in the sind City, an annual sum equal to six pence in the pound on the amount of rent ; 6. On each male inhabitant of the age of twcnty-(;ne, who shall have resided in the said City during six months, and who shall not be liable to the payment of any tax in virtue of this Act, an annual sum of five shillings ; 6. On every dog kept by persons residing in the said City, an annual sum of five shillings ; 7. And it shall be lawful for the said Council to impose cer- tain duties or annual taxes on the proprietors or occupiers of houses of public entertainment, taverns, coffee-houses, and eating-house.j ; and on all retailers of spirituous liquors, and on all pedlars and petty chf.pmen bringing for sale into the said City, any articles oi commerce of any kind whatsoever ; and on all proprietors, occupiers, agents, managers or keepers of Theatres, circuses, manageries, billiard-tables, ball-alleys, or other games or amusements of any description; and on all auctioneers, grocers, bakers, balcln;-^ hucksters, carters, livery stable keepers, brewers and fr.-ti'ii fs >n all trod-r* and ma- nufacturers ; on all proprictt j - of wood or coal yards and slaughter-houses in the said City ; on all money changers, or money brokers, pawnbrokers and their agents, on ail bankers and their agents ; on all assurance companies or their agents, and, generally, on all trades, manufactories, occupations, arts and professions which have been or may be exercised and in- troduced in the said City, whether the same be or be not mentioned Vicf. 185Y. Three-Rivers — Incorporation. Cap. 120. 81 es U8od U's coin- cow Ibr lounds, hy nicr- in vaiiltH average gniors of 11 pay in f tliu sum ity, CM II lini in ilio H fort 'u ill uitule \\w luiiiu and n annual )f rent ; H>ne, wlio unihs, and virtue of said City, impose cer- iccupiurs of OU8CS, and lors, and on ato tlie said oevcr ; and iieepers of ll-allcys, or and on ail irlers, livery >'r« and ma- ir coal yards y cliangera, I ail banliers their agents, nations, arts :iscd and in- e or be not mentioned mentioned herein; and the Htores or workshops of meclmllic^4 ci.ioMjnr nhall be divided into ii first and neeond class, and every ware- •'»ro« or wmk room or worlishoi) > ITu^h shall be declared l)y the Assessors to »'"'P»- ranii in the first class, hliull be assessed at the rate of five shil- lings per annnin, and thoM of the uecond class at one shilling and three pence pi'r iinniun ; And the said ('nnneil ^liall ilsohave |iower to fix the amount Commutation of personal (U)rniiii ilions, thai is |r) say, of tiie sum payable '" re^^peot to by each person liable to statute labour un the streets antl side * ** "'" " ^' walks of the said City, and to refuse the labour of such per- son for the said purpose, if the Council shall think proper to undertake the name ; Provided always, that every such sum Proviso, demanded (or personal commutation shall be ecjnitably estab- lished in proportion to the hduHir to be done, by arbitrators, if any one of the parlies shall require it. XXXVII. The said Council shall also have power to make Council may By-laws : "'"" "'*'"' %' •' ' ' lawri m\.\\ res- pect to ! For the concession of emplacements and for opening new concedinir lota streets in the common of the said City, to such extent as may imd opening from time to time be reciuired, and upon such conditions as the wrrets in the (]oun(;il may deem proper, any law to the contrary notwith- standing ; CoiuinoD. For eslablishin;j; oni> or more new market places; and for Markets, exteiuling ihe market plae«'s now existing or which maybe hereafter established ; the whole subject to the payment ot the damages which may bfMUcurred by parties in consetiiience of their respective lands being encroached \x\mn. by the extension of such market places ; For determining and regidating the duties of the Clerks of f'l'"'''»<'*''n"' the markets in the said City, and all other per ms they may J'ltcJ'r duties. deem proper to etnploy to superintend the said markets; and for letting the stalls and other places for selling, upon and about the said market places ; and for fixing and determining the du- ties to lie paid by any persons selling on any of the said markets, any provisions or produce whatever; and for regulating the conduct of all such persons in selling their goods ; and to pro- vide for the weighing or measuring as the case may require, Weighing ond by the officers named for that purpose by the said Council, and ^^easunng. on the payment of such fees as the said Council may think ht to impose on tliat behalf", of any thing or things sold or offered for sale on the said markets ; For amending, modifying or repealing the regulations and By-laws, or such of them as they may deem advisable, made f' • the Court of General and Quarter Sessions of the Peace in »nd for the District of Three-Rivers on the tenth day of July, one thousand eight hundred and seventeen, and subsequently confirmed Amending By-laws made by Quarter Sessions and other former authorities. 22 Cap. 129. Three-Rivers — Incorporation, 20 Vict, •i Vehicles on markets. confirmed by Ihe former Court of King's Bench for the said District on or about the thirtieth day of September, one thou- sand eight hundred and seventeen, and all other By-laws made by the Municipal Councils who have had the management of the internal affairs of the said City ; For regulating and placing all vehicles in which any articles shall be exposed for sale on the said markets ; Sales in mar- For preventing persons bringing articles of any kind into the ^®'** said City, from selling or exposing them for sale in any other place than the markets of the said City ; Cordwood, &c. For regulating the weighing and measuring of all cord-wood, coals, salt, grain, lime and hay, brought or sold in the said City, by strangers or persons residing therein ; Weights and neasurea. Obstructions, For determining in what manner the said articles and all others shall be sold and delivered, whether by quantity, nea- sure or weight, and for obliging all persons to obfits to be fi.sed in or upon their houses; Provided always, that in all such cases, the expense of all such pipes, lamps, and other necessary works, shall be defrayed by the said Council ; And provided also, that the solidity of the build ing.s on and near to which they shall be so placed, shall be in no wise afiecied, and that any damages that may be caused shall be paid by the said Council and that every proprietor shall be indemnified by the said Council ; For assessing the proprietors of real property situate on any of the streets of the said City, for such sums as shall be deemed necessary for making or repairing any common sewer in any of the streets of the said City, such assessment being in proportion to the assessed value of such property ; and tor regulating the mode in which such assessment shall be col- lected and paid ; Provided always, that the said Council shall not be authorized so to assess the proprietors in any street, for making such common sewers, unless the uiajority of the pro- prietors in such street, shall have called lor such assessment ; Sweeping and For assessing, at the request of the majority of the citizens watering, &c. residing in any of the streets or public squares of the said City, all the citizens re>iding in such street or public sqiiare, in any sums necessary to meet the expense of sweeping and watering, and keeping clean, such street or public square, and for Proviso. ProTiso, Common sewers. Proviso. 1857. T/iree Rivers — Incorporation. Cap. 129. 25 for removing the snow from any such street, lane or public place ; such assessment being in proportion to the assessed value of their property ; To assess over and above all other rates specially established Damngcsfrom by this Act, all the citizens of the said City, to meet the ex- ^°ijj" ^ ^"' peiises of any indemnity which the said Council might be obliged to pay to persons in the said City, whose houses or ^nildings of any description migiit be destroyed or damaged by any riot or tumultuous assembly; and if ilie said Council shall neglect or refu^e witliin six months after such destruction or damages caused to any property in the said City, to pay a reasonable indenmity to be established by arbitrators, if one of the parties shall so desire, then the said Council shall be liable to be sued for such damage in one of the Courts of Justice of this Province ; To fix the place for the ere tion of nny manufactories or stenm En- machinery worked by steam in the said City ; B'ncs. F'or establishing a Board of Health, and investing them with Cnntngious all the privileges, power and anthority necessary for the fulfil- *^''*<>''^'^"- ment ol the duties entrusted to them, or for acquiring every useful information on the progress or geneial cH'ects of all contagious diseases, or for making such regulations as such B ' '■■• '■" ' ■' ■ " • ■■ -• " ~ "n--^- — — -■ 7 -•■ " - D ■• — -^a ^ 7 , — Board of Health shall deem necessary for preserving the citizen of the City from any contagions diseases, or for diminishin the elfects or the danger thereof XXXVIII. For the better protection of the lives and properly Preron ion of of the inhabitants of the said City, and for more effectually !ii:'"i.leu;s by f>reventing accidents by fire ; ihe said Council may make By- aws for the tollowing purposes, that is to say : For regulating the construction, dimensions, height and chimneys, elevatit)n of chimney-< above the roofs, or even in certain cases above the neighbouring houses and buildings; and at whose cost such chimneys shall be raised, and within what delay they shall be raised or repaired ; For defraying out of the funds of the said City any expenses Fire engines, that the Council shall deem necessary to incur lor the purchase ol fire engines or apjiaratus of any kind to be used at fires, or for taking such means as shall appear to them most effective for preventing accidents by fire, or arresting the progress of fires ; For preventing thefts and depredations which maybe com- Tliefts at fires, mitted at any fiie in the said City, and for punishing any per- son who shall resist or maltreat any Member or olficer of the said Council, in the execution of any duty assigned to him by the said Council under the authority of this section ; For H V t' 26 Enquiring in- to causes of fires. Cap. 129. Three-Rivers — Incorporation. 20 Vict. Sweeping of •liimueytj. For establishing or autliorizing ancl# requiring to be esta- blished after eafli fire in the said City, a judicial enquiry into the cause and origin of such fire, for wiiich purpose the said Council or any Committee thereof, authorized to thr eflfect afore- said, may summon and compel the attendance of witnesses and examine them on oath, which oaih :shall be administered to ihem by any of tiie Members of the said Coun il or of such Committee ; ahd the said Council or Committee may also deliver over to be imprisoned in the common Gaul of the Dis- trict, any person against whom well grounded cause of suspi- cion may be found of his having maliciously oiiginated the said fire ; For regulating the manner iri which and the periods of the year when chimneys shall be swept, and for granting licenses to sue 1 numbers of chimney sweeps as the said Council shall think proper to employ, and for obliging all proprietors, tenants ort)Ccupanfs of houses in the said City lo allow their chim- neys to be swept by such licensed chemncy swci-ps ; and for fixi;]gthe rates to be paid for sweeping cliiinneys, either to the Council or such licensed chimney sweeps ; and for imposing a pel 'ilty of not less than five shillings nor more than twenty-five shi. lings on all persons whose ciiimneys rnay liave caught fire after any refusal to allow them to be swept, s^uch penalty to be recovered before. any Justice of the Peacr of the said Cit / : and whenever any chimney which shall jiave caught fire as aforesaid, shall be common to several h>.usi's, or be use 1 by several families in the same house, the said Justice of tie Peace shall have power to impose the above penalty iu full on each house or family, or to divide tiie same imong them in proportion to the degree of negligence shewn on proof before him ; Ashe? and quick lime. Conduct at fires. / ' Persons wounded at firea. For regulating the manner in which ashes or quirk lime shall be kept in the said City and lor preventing the inhabitants of the said City from carrying fire in the streets without neces- sary precaution, from making a fire in any street, from going from their houses to their yards and outbuildings and entering therein with lighted candles not enclosed in lanterns ; and generally for making such regulations as tliey may deem neces- sary for preventing or diminishing accidents by fire ; For regulating the conduct of all persons present at any fire in the said City; for obliging idle persons toassistint xtinguishing the fire, or in saving ellects which muy be in danger, and for obliging all the inhabitants of the said City to keep at all times upon and in their lio;:ses, ladders, fire bucki ts, battering- rams, and fire-hooks, in order the more easily to arrest the pro- gress of fires ; For defiaying out of the fiends of the said City, any expense which the said Council shall deem expedient lo incur, in aiding or 20 Vict. be esta- [uiry into 5 the said ect afore- wilnesses ninistered or of such may also f the Dis- of suspi- inated the ods of the icensesto ncil shall rs, tenants heir chim- s ; and for ther to the mposing a wenty-five ve caught !h penalty )f the said ve ISHS, lid Justice penalty in mong them )roof before caught or be klime shall labitants of oul neces- Tom going »d entering terns ; and oem neces- t any fire in tinguishing ;er, and for ieep at all i, bultering- est the pro- ny expense r, in aiding or 1857. Three-Rivers — Incorporation. Cap. 129. 27 or assisting any person in their employ, who shall have received any wound or contracted any severe disease at any fire in the said City ; or in assisting or providing for the family of any person in their employ who shall perish at any fire ; or in best- owing rewards in money or otherwise upon persons who shall have been particularly useful, or who shall have devotec^hem- selves at any fire in the said City ; For vesting in such members of the Council or in the Fire Dcmniiti-in of Inspectors, or either of them, to be clesignat(!d in such By-laws, building- in the power of ordering to be demolished during aiiyfiie, any *'*'""" '^*''**" houses, buildings, out-houses or fences which might serve as fuel to tht fire and endanger the other properly of the inhabi- tants of the said City ; For appointing all such Oificers as the said Council shall Appointment deem necessary lor carrying into execution the By-laws to be o^ "S'*'"'''- passed by them in relation to accidents by fire ; for prescribing their duties and powers, and providing for their remuneration, if they think fit, out of the funds of the said City ; For authorizing such Officers as the Council shall think fit io Authorising appoint for that purpose, to visit and examine at suitable times ofliccr.stc visit and hours, both the inside and the outside of all houses and buudiugr &c. buildings of any description, within the said City, for the pur- pose of ascertaining whether the rules and regulations passed by the said Council under liie authority ol this section are regu- larly observed in the said C ity, and for obliging all proprielors, possessors, or occupants of houses, to admit such officers for the purposes aforesaid. XXXIX. 1. The Secretary-Treasurer, when he shall have Duty of ^e- completed his rolled ion-roll, shall proceed to collect the rates cretary Trea- therein mentioned, and for that purpose slirill give or cause compledm of public notice to be given on the following Sunday that the collection roll, collection-roll is completed and deposited in his ollice, and that all persons therein mentioned, liable to the pnyment of assess- ments are required by him to pay the amount thereof at his office within the twenty days which follow the publication of the said notice ; 2. If at the expiration of the said twenty days, there shall be puty with any arrears of assessinen*, the Secretary-Treasurer shall leave respect lo ar- at the ordinary place of residence or domicile of each person so '''^''"• in arrears, or serve upon each person in arrears, personally, a detailed statement of the difierent sums and the total amount of assessments due by such person in arrears, and at the same time and by a notice annexed lothe said statement, he shall demand the payment of the assessments therein mentioned, together with the expenses of the serving of the notice, according to such tarirt as the Council shall have decided upon ; 3. 28 Cap. 129. Three-Rivers — Incorporation. 20 Vict. I • i: Iff I' ) Proceedings •"• If any person noglect to pay t lie amount of assessments in cjise of imposed upon liim for a period of fifteen days, after he shall neglect to piiy. )^r,\e been requested to do so as aforesaid, llie S( viretary-Trea- suier shall levy the said assessments witli costs, l)y a warrant nmiejpilhe hand of the Mayor, authorizing the seizure and sal.; of the goods and ehattels of the person bouni to pay the same, or of all the goods and ehattels in \\\> possession, whorcvcr they (shall be found within the limits of the said City, addressed to one of the sworn b.aliU's for the District of Three-Rivers, of the Superior Court n! Lo'ver Canada, who is hereby authorized to seize and sell the said goods and chattels in the ordinary manner ; and no claim fotmded -in aright ol ownership or privilege upon the same shall prevent the sale or the payment of the assessments and expenses out of Proviw. the proceeds of such sale ; Provided always, tl at it shall be lawful for any person who shall tliiidv himself aggrieved by the said seizure to file an opjjosition to the same atai^y time before the sale of the goods so seized, wiiicli he shall deliver to the ofiicer sei/;ing, wlio shall be bound to report his p:'Oceedings to the Circuit (^ouit of the Circuit of Thnn-Kivers, where the said oi)|)osilion shall be heard and decided accordin;; to law and the rules of practice, und tin; party failing shall bo condemned to pay the costs. From what XL. Every tax or assessment imposed by virtue of this Act, prvitios rnxcg x\\)on any property or house in the said City, may be recovered covcieU."^ either from the proprietor, tenant, or occupier of Mich property or house ; and if such tenant or occupier l)e not bcund by lease or other stipulation to pay such tax or assessmeni such tenant and occupier may and shall be entitled to dcdu t the sum so paid by him out of the rent which he would have ;opay for the possession of such property. Caseofabscn- XLI. In all cases where the persons v ho shall be rated in tor/ot^'vacsint respect of any vacant ground or other real property within the property pro- City, shall not reside within the said City, a. id the rates anc assessments payable in respect of sucli vacat;t ground or property, shall remain dne and unpaid for the spact of six years, then it shall be lawful for the said City Council, after having obt lined a judgment before the Circuit Court in and for the Circuit of Three-Ilivers, or any other Court, to seli and dispose such property by iniblic sale, or so much thereof as shall be judged sulHcicnt for thv? payment of the s im due, with costs ; anc the Sheriff of the District of Three-Rivers is 1 eroby autho- rized and required to advertise such sale to be ma Jc under the au'.'iority of this section, in a French and English newspaper, or, in .ui English and in a French newspap"r, publ shed iii the City of Three-Rivers, and the said Sheriff is aho required to employ, for the purpose of efl'ecting such sale, ab: ilifll residing in ^he said City of Three-Rivers, who shall be c jsignated by Proviso. ^^^ ^^^^ Council ; Provided always, that allowne s of property sold under the authority of this section shall b'' allowed to resume vided for. 20 Vict. fr he shiill jlary-Trea- la warrant Ji/'jre and lo pay the posse sis ion, the said c Di, strict Canada, aid gooris bounded on all prevent Inses out of it shall be vcd by the liine before liver to the :!eedings to •re the t^aid to law and 3ondernned 1857. Three-Rtvirs — Incorporation. Cap. 129. .99 resnmo possession of the same within the spnce of one year next after th< date of sucii sale, on paying to the purchaser the full amount tithe purchase money, with legal interest thereon, on condition, however, that the said purchaser shall have kept the said propjrty in the same stat(! and condition in whicii it was at the ti ne of the purchase, and shall not have damaged it or allowed it to delerionito ; together with the cost attendant iipon such sf'le, with an additional live per centum on the pur- chase money ; And provided also, that if after suf;h sale of Pfovin. property belonging to |)ersons residing out of the City, any surplus shall remain over and above the sum due to ilie said Council, for assessment and costs, the Secretary-Treasurer afore- said shall pay ovi'r such surplus to the said City Council, to whatever sui i the same may amouiif, and the said surplus shall be deposited in the binds of the said City, as a loan, at the rate of six per cent, untd called for and claimed by the party to whom it shall belong, to whom the same shall be paid. XLII. The said Council shall have power to remit a portion Assessment or even the whole of the amount due for assessment to indigent "niiy be re- parties assessed under this Act, in certain cases of fire Jong ""'*f^l '"„« • II 1 I'll • t li 'iiiii cciuiiii tiiaca. illness, or any other cause which the said Council shall deem reasonable and sulficient. )f this Act, e recovered ch property nd by lease such tenant the sum so pay for the be rnted in within the I the rates ground or •f six years, ter having and for the ind dispose as shall be ivith costs ; rrjby autlio- under the .'spaper, or, bed ia tlie required to iff residing lignated by of property allowed to resume XIJII. If any person shall transgress any order or regulation Penalties for made by the said (yity Council under the authority of this '"'"'''^'^''''""' Act, such person shall, for every such offence, forfeit the sum ^ '^^^' whicli in every order, rule, or regulation shall be specified, with the costs to be allowed by the Justices of the Peace who shall try such offences, and to be levied on the goods and (chattels of the offender, and in default of such goods and chattels, the offender shall be liable to be committed to the Common Gaol of the District, for a term not exceeding one month, but which may be less in the discretion of the Court ; and no person shall be deemed an incompetent witness upon any information under this Act, by reason of his being a resident of the said city of Three- Rivers ; Provided always, that the information and com- Proviso, plaint for any breach of any order or regulation of the said City Council shall be made within one month next after the time of the offence committed ; And provided also, that no fine ProTiso. or penalty shall be indicted for any such offence, which shall be less than five shillings, or more than five pounds, and that no imprisonment for any such offence shall in any case be more tiian one calendar month, and the costs of transport in effecting such imprisonment shall be borne by the said City Council, and the said Council shall also have power to punish by forfeiture of their goods, articles and provisions, all persons exposing them for sale on the markets, in the streets of the said city, and infringing at the same time the By-laws of the said Council as regards the weight and quality of such goods, articles and provisions. XLIV, M I 30 Taxe< ftiid ns- Bessiiidits ti> be privileged debts. PrnvUo. ^rovi^u. To wiiom pe- iiilti. s, Kti., ttlitill bu paid, By-laws, kc, to he pub- lishcil Iwliire eiiiiiiiig into Ibrce. Kvideiice of Uy-liiWJ. C'oun.:il may effect loand. Cap. 129. Three-Rivers — Incorporation. 20 Vict. 1857. Duties of Council with respect to loans. t Proviso : in certain cases no new loan to be con- tracted. XLIV. All lh(i (k'l)t.s liereiiilpr due to file said City Council for all taxes or asscs.siia'nts imposed upon iriovoable orirni.iove- al)le property it) the said city, shall by virtue of this Act be privileged debts, and shall be paid in preference to all other debts, and the said City Coiuicil shall in all cases of distribu- tion of moneys collocated in preferciice to all other creditors ; Provided always, that this privilege shall only apply to assess- ments due for six years and no longer ; And provided also, that this privilege shall have its full and complete ellect without its being necessary to have recourse to registration. •XLV. All the fines and penalties recovered under the provi- sions of tills Act, shall be paid into the hands of the Treasurer ol the said City i-'oiincij, and the proceeds of all licenses granted under this Act, shall form part of the public funds of the said city, any law to the contrary notwithstanding. XLVI. Before any By-law of the said City Council shall have force or be binding, such By-law shall be published in the English and French languages in one or more newspapers published in the said City, and any copy of any such newspaper containing any such By-law shall be prima facie evidence of such publication to all intents and purposes whatsoever. XLVfl. It shall be lawful for the said City Council, from time to lime, to borrow divers sums of money for effecting im- provements in the said city, for the purpose of building one or more market houses, or for draining the streets, or for furnishing the said city with water, and generally for such purposes as the said Council shall deem useful or necessary. XF^VIII. Whenever the said Council shall contract loans upon the credit of the said city, they shall be bound and they are hereby required to provide immediately for the payment of the annual interest upon such loans, which annual interest shall not in any case exceed the legal rate of interest in this Province; and the said Council shall . set aside a portion of their revenues for the payment of such interest ; and the said Council shall also, whenever they shall contract a loan, provide for the establishment of a Sink- ing Fund, which Sinking Fund shall consist of a deposit made in a Savings' Bank, annually, and at the periods when the interest on the said loan shall be paid, of a sum equivalent to a proportion of at least two per centum on the capital to be paid ofl ; and the sum arising annually from this Sinking Fund shall remain deposited in such Savings' Bank, with the interest which may accrue thereon, until it shall be equal to the total amount of the capital to be paid off; Provided always, that when the interest and Sinking Funds united, shall absorb the one half of the annual revenues of the said Council, then and in such case, it shall not be lawful for the said Council to con- tract new loans, it being hereby intended that the said Council shall 20 Vict. y Council r itrnaove- lis Act bo ) all other (listribu- creditors ; to assess- also, tliat /ilhout its the provi- Trcasurer licenses ic funds of incil shall (lied in the ewspapers lewspaper vidence of ver. incil, from eeting im- ing one or furnishing mrpuses as tract loans )ound and y for the ns, which ! legal rate i shall ■ set it of such lever they of a Sink- a deposit iods when equivalent ipital to be king Fund the interest the total ways, that absorb the , then and 10 il to con- id Council shall 1857. Three-Rivera — Incorporation. Cap. 129. 81 onliT nriest of ili-(ir(li'ily persons. shall not be entitled to devote to the interest and SinlJng Fund of their loan' any smn exceeding the half of their revenues; and provided also, that it shall be lawful for the said City Council, if fie lender consent or recpiire it, to deposit in the hands of sucii lenders instead of iti u Savings' Bank, the ni- nual sums w'lich shall have been agreed upon to lorm the S ing Fund ; in which case the reeei|»ts given to the i-aid C( ua- cil shall be fo drawn up as to define wiiat amount shall have been paid or account of interest, anil what amount shall h ive been paid into the Sinking Fund. XLIX. It shall be lawful for any one of the Members of the jrembois of said City Council, individually, to order th«! inmied ate Ouncil may a|)prehension of any drunken or disorderly or riotous pei.>on whom he sh: 11 find disturbing the public |)c;icc within the ^aid City, and to confine him in the Common Gaol of the District, or other place of confinement, in order that such person may be secured until he can be brought before the Mayor, or Justice of the Peace, to be dealt with according to law. ' It shall be lawful Tor any Constable, during the term of Powers of con- his duty, to apprehend and arrest all persons whom he shall ''','''''^''* '" '^^*'* find disturbing the public peace within the limits ot the said '""* '^'^*''*' City, and al.so every person who shall be found sleeping in any field, vacant lot, highway, yard, or other place, or shall be found loitering and idling in any such place, and shall not give, satisfactory reasons for his conduct ; and every such Constable shall deliver such person into the custody of the Constable who shall have the charge of the prison, or any other place of detention, of the said City, in order to the safe keeping of the said person, until he shall be brought before the Mayor or other Magistrate, to be dealt with acicording to law. LI. Every person who shall assviult, beat, or forcibly resist persons as- any constable or Peace officer appointed by virtue of this Act, saulting con- and enffaeed in the execution of his duty, or who shall aid or stables in the •• .L » 1. u / r -ui • . u execution of . excite any other |M?rson to assault, beat, or torcibly resist such tho'r duty officer or constable, every such ofiender shall, upon conviction how dealt thereof before the Mayor or a Justice of the Peace, be liable to ^''^* a fine of from one to ten pounds currency, and to imprisonment not exceeding two calendar months, notwithstanding any pro- visions of this Act to the contrary ; Provided always that it Proviso, shall be lawful for the said Council or any other officer, if the oflence be serious, to proceed by indictment against any such offender, but nevertheless only one proceeding at law shall be adopted. LII. The following property shall be exempt from taxation properties in the City of Three-Rivers : exempt from taxation. All lands and property lielonging to Her Majesty, Her Heirs and Successors, held by any public body, office or person in trust for the service of Her Majesty, Her Heirs and Successors ; All 32 ■ : . ; I ! I,! il: Cap. 129. Three-Rivers — Inrnrpnrntion. 20 Vict, All Provincial property and buildings ; Every place of public worHliip, and every burying ground ; Every public school house and the ground on wliich the same is constructed ; Every edueaiionnl establishment and the ground on which the same is constuictcil ; All buildinijfs, grtnuid and property occupied or possessed by hospitals or oilier charitable institutions ; Every Court House and District Gaol and the ground;* attaciied tiiereto ; Provided always, that this exemption sliall not extend to lots or to other buildings built upon lots leased or occupied by tenants under the Government or the Ordnance Department in the said City ; but such lands belonging to the Government or to the Ordnance Departuient occupied by tenants, shall be valued and assessed in like manner as other real property in the said City, and such rates or assessments shall be paid by the said tenants or occupit 1 1 thereof. LIII. From and after the passing of this .\cf, the said City Council shall alone be authorized to grant and deliver certifi- cates for obtaining Tavern Licenses, any law, usage or custom to the contrary notwithstanding; and such certificates shall be signed by the Mayor and the Secretary Treasurer of the said Council, and scaled with »he seal of said Council. Limitation of LIV. If any action or suit shall be brought against any per- th"'*'"^d''' ^°" ^^^ ^"y matter or thinj, t^one by virtue or in pursuance of under this 'h'^ Act, such action or suit shall be brought within four calen- Aot, dar months next after the fact committed and not afterwards. Proviw i Exi'iii)ition not tl) ontt'tnl to Cr(i VII |ii'o- pcrty Ii''»>iih1 to privuto piirtic.1. Certificates for tavern li- censee to be granted by Council only. Encroach- ments on pub- lic streets or Squares. LV. It shall be lawful for the said City Council to order the Inspector of the said City to notify any parties who shjiU have made or shall hereafter make encroachments upon the streets or public squares of the said City, by means of houses, fences, buildings, or obstructions of any kind, to cause the removal of such encroachments or obstructions by giving to such persons a reasonable delay for the purpose, which delay shall be specified by the said City Inspector in giving his notice ; and if such persons shall not have removed such encroachments or obstructions within the delay specified, the Council may order the said Inspector to remove such encroach- ments or obstructions, taking with him the assistance neces- sary for that purpose ; and the said Council may allow to the said Inspector his reasonable expenses and recover the same before any Court having competent jurisdiction from any person making such encroachment or obstruction. LVI. 20 Vict. ground ; liicli tlie in which scsscd by grounds tion sliall Iciiscd or Ordnaijce onging lo upiod by us other scssments said City ver ceitifi- or custom s shaii be the said , any per- rsuance of "our calen- fterwards. I to order who sh^U upon the means of 1, to cause by giving se, which in giving lOved such rifled, the encroach- nce neces- ow to the r the same any person LVI. 1867. Threr-Rii'ers — Incorporation. tip. t». 33 LVI. From and after the passing of this Act, i ry pro- Pen y i„r prietor or agent wiio sliiill williilly grant ii cerlit, n" or «>" ng fuels receipt setting lortli a less siuii than tlie rent really paid or '"•"'' 4;' '•"'i'' payable lor tin; premises IlKjreiii mentioned or relerred to, and toionaen every tenant who Hhall present to the assj-ssors of the said City tuxes. such a recciipt or eertilicate, falsely representing the value of the rent paid by such tenant, in order to |)roeure a diminution or nbatemoMt of his assessment, sliidl bo lial)le on conviction thereof, before the May«>r or .lusticu" of the Peace, to a penally of live pounds eurrencjy or less, or lo imprisonment (Juring one calendar month or less, aeeordiiiy to the judgment of such Mayor or Justice of the Peace. LVII. It shall be lawful for the said Council whenever any Council may house shall enciroach upon any of the streets or public sciuares prevent re- ot th(! said City, lo prevt'ut the proprietor ol su(!h house irom i,uii(iings in rebuilding on llie site occupied by the demolished house, and it eurtuia cases. shall be lawful lor tlu; Countril to purchase any part of such lot encroaching upon any street, or to recjuire the proprietor of such land lo dispossess himself thereof, in consideration of indemnity therefor, and such indemnity shall be fixed by arbitrators ap- pointed respecitively by llie said Council, and by the party tliey are desirous of dispossessing ; and the said arbitrators in case of difference of opinion sliall appoint a third ; and the said arbitrators after having been sworn by a Justice of the Peace, shall take cognixance of the matter in dispute, and after visiting the place in ({uestion, shall decide upon the amount of indem- nity to be granted to such proprietor ; and the said arbitrators shall be authorized to decide which of the parties shall pay the costs of arbitration. LVIII. The said Council shall have full and uulimited power Council may to purchase and acquire out of the revenues of the said City, »''4""'e •'^nda all such lots, lands and real property whatsoever within the purposes, said City, as they shall deem necessary for the opening or enlargement of any street, public square or market-place, or for the erection of any public building, or generally for any object of public utility of whatever nature soever. LIX. When the proprietor of a lot which the said Council shall be desirous of purchasing, for any object of public utility whatsoever, shall refuse lo sell the same by private agreement, or in case such proprietor shall be absent from the Province, or incase such lot of land shall belong to infants, issue unborn, lunatics, idiots or femes covert^ the said Council may apply to the Circuit Court of the Circuit of Three-Rivers, or to any other Court, for the appointment of an arbitrator by the said Court, to make, conjointly with the arbitrator appointed by the said Council, a valuation of such lot, with power to the said arbitra- tors, in case of a difference of opinion, to appoint a third ; and when the said arbitrators shall have made their report to the said Council, at a regular meeting thereof, it shall be lawful 3 for Arbitration in cose of dis- agreement as to the value of property taken for city purposes. 84 Cap. 129. Threi-Rivers — Incorporalfon. 20 Vict. !• i for the said Council to ncquiro hiicIi lot on depositinjuf th(! price at wiiich it hIiuII liavi; bctMi valued by the said arbitrators in the liands of till! Protlionotury of the Superior Court in the District of Three-Rivers for the use of the person entitletl thereto ; and if no person entitled to such indemnity shall appear within six nnonths after such amount shall have been deposited in the hands of such Prothoiiotary, to ehiiui the sum so di-posited, it shall then be lawful for the said I'rolhonolary, and he is hereby required to 'emit such sum to the Secretary-Treasurer of the said Coiuu'il, to be deposited by him with the moneys of the said City, and such sum shall bear Interest at the rate of six per centum ; and both the capital and the interest accruing thereon shall be payable l)y the said Council to any person entitled to receive the same, within three months altera form:il notification to the Mayor and the Secretary-Treasurer of the said City, to pay the same. LX. Every person who being elected or appointed to any of the olfices mentioned in the following list shall refuse or neglect to ac'jept such office, or to perform the duties of such office during any portion of the period for which he was so elected or appointed, shall incur the penalty mentioned in such list oppo* site the name or designation of such otiice, that is to say : Mayor. The office of Mayor, seven pounds ten shillings currency j Councillor. The office of Councillor, five pounds currency ; Pptmltics fur r«t'iiftnl to iw- cept ottic','. On Valuators neglecting their duties. wh 2. Whenever the valuators 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 Council withiii two months from the date of their appointment, every such valuator shall incur a penalty of ten shillings currency for eaf nm.li li.r IttWM of the Council, shall, for each day on which such olli'iicc ""K''"' "'" rthnll be coiiunitted or sli.ill continue, incur a penalty of one ' pound currency, unh'ss some other and heavier penally be by law imposed on him for such otience ; G. Every jM'rson who shall hin(h«r or prevent, r. attempt lo vemUy for hinderorprevent,any ollicer of the Council in thccxi r(!iseofaiiy liiinli'i'iiij{i>m- of the powers or in iIk; performance of any of the duties con- '"V" "'" lerreu or unp(»sed upon Inm by this Act, or by any liy-law or ottlu'ir iln- Ordi-r of the said Coiuicil, shall incur a penalty ol five pounds »'•-"*• curren(!y for every siu:li oU'ence, over and above any damages which he isuiy bo liable to pay ; 7. Every perscm wiio shall wilfully tear down, injure or deface PoMcms ilcfn any advertisement, notice, or other document, rc(iuired by this ',"« "i>ticc», Act or by any By-law or Order of tin; siUd Council to be posted *'*'' up at any public place for the information of persons interested, shall incur a penalty of iwo pouads curri'uiiy for every such oflence. LX[. Alltlu?|)enaltiesimj)OsedbytliisAotorbyanyRy-Iawmado Penalties In by the Council may be recoverecl before the Circuit Court of the *".''''' ''''*°^' ' Circuit of Three-flivers, or before any Justice of the Peace ; all penalties and fines incurred by the same person may btr in- cluded in th(! same action, and in any such actictn the party failing shall be condeinned with costs of suit, in accordance with the tarifl'of such Court. . LXII. This Act simll he held and deemed to be a Public Public Act. Act, and the Interpretation Act shall apply thereto. tao- SCHEDULE No. 1. Public Notice to be given by Sccretari/- Treasurer of completion of Collection-Roll. Public Notice is hereby given that the Collection-Roll of the City of Three-Rivers is comi)lcted, and that it is now deposited in the office of the undersigned ; all persons therein stated to be liable to the payment of assessments are required to |)ay the same to the undersigned at his oflice without further notice. Three-Rivers, A. B. Sec. Treas. of Council. 185 No. 2. 36 t t Cap. 129. TJiree-Rivers — Incorporation. 20 Vict. No. 2. Secretary 'Treastirer^s Notice for payment of Assessment. Corporation f the City ol Three- Rivers. Mr. Copy of account. £ cy. Notification served. Insert the date of no- tification. Expenses. Notice.. £ Corporation of City of Three-Rivers. {Date of Notification.) Mr. owes to the Corporation of the City of Three-Rivers Assessment upon {here describe the property, such as house, land,SfC.) at in the JC. Add the other items. . , Total s. Sir, As you have neglected to pay the mm above mentioned within the delay prescribed by public notice, you are re- quired to pay sucli sum at my office, within fifteen days from the date hereof, together with such costs as under. Fail- ing so to do, seizure will be made of your property and effects. Expenses,. £ ) Notice \ A. B. Sec.-Treas. '■!'■ ii'f No. 3. Distress Warrant for Assessment Dues. Province of Canada, ) District of Three-Rivers. ) The Corporation of the City of Three-Rivers, to wit : To any of the Sworn Bailiffs in the District of Three-Rivers, of the Superior Court for Lower Canada. Whereas (name of debtor) has been required by the Secretary- Treasurer oi the City Council of Three-Rivers, to pay to him for and on behalf of the said Corporation, the sum of £> , being the amount due by him to the said Corporation, as ap- pears m 1857. Three-Rivers — Incorporation. Cap. 129. 37 pears by ihe Collection-Roll for the year 18 ; And whereas the said A. B. has neglected and refused to pay to the said Secretary-Treasurer, within the delay required by law, the said sum of ; These are, therefore, to command you forthwith to make distress of the goods and chattels of the said , and if within the period of eight days after the making of such distress, the sum above mentioned, together with the reasonable charges of the said seizure, be not paid, that then you do sell the said goods and chattels so by you de- tained and do pay the moneys arising from such sale to the Secretary-Treasurer of the said Council, and if no such distress can be made for want of property liable thereto, that then you do certify the same unto me in order that such proceeding may be had therein as to law doth appertain. Given under my hand and the seal of the said Corporation, at Three-Rivers, this day of , in the year of our Lord one thousand eight hundred and Mayor of the said Corporation. TORONTO :— Printed by S. Derbishire & G. Desbarats, Law Printer to the Queen's Most Excellent Majesty. J it H .11 \i ■ I I. ANNO VICESIMO VrCTOllIyE REGIN^. An Act lo make more ample provision for tlw incorporation of the Cifi/ of Three Rivers. TIeceiv£d Eoyai. Assent, IOtif June, 1857, Preamble. Sec. I. (1.) Certain Acta repealed so far us tlioy relate to the Town of Three Rivera. (2.) Tiirco llivers incorporatAfi „8 a Oity. Corporate powers. (3.) Powers for tiie management of the Common. II. Limits of the said City. III. Limits of the four Wards thereof. IV. Mayor and Councillors to be elected, from time to time. V. (1 to 3.) Qualification of Mayor, and of Councillors. (4.) Certain persons ineligible to either office. (.J.) Certain persons exempted from serving therein. YI. Qualification of Electors. VII. Present Mayor and Councillors to continue in office until new election. VIII. Election to be held annually in July. Notice to be given. CI i^ I f: H IX. (1.) I'roviisiou for holding first cleetiou. (2.) DeclariUion of ploclion of jMayor. (15.) Term ofollicc (^fiu-or niicl Councillors). (1.) Provision for sub.soqiiL'nt iinnunl elt'ctiom^. (5.) Powers of person prt'sidiup; iit election. X. (1.) Xofieo to candidates elected. (2.) Delivery of poll-books. (;] and I.) First Session of Conneii. Mayor and Councillors to bo sworu. (o.) Quorum. (().) Expenses of election. XI. (I.) New election to be bold, on an election i\aviug been declared null, or a nu-mbcr refusing to serve. (2 and 3.) Vacancies to be liiled up by the Council for remainder of term. XII. Oatli to be taken b}' person presiding at election. XIII. Candidates or voters may be examined on oath respect- ing their qualiiication. XIV. Poll IJooks to be certified on oath by the Deputy Keturning Officers. XV. False swearing to be punishable as perjury. XVI. City Council to meet at least once a month. Proceed- ings in case of no quorum being present. XVII. Tin; Mayor, or two Councillors, nuiy call Special Meetings. XVIII. Mode of proceeding upon controverted elections. XIX. On failure to iiold an election upon tlio day appoiutcd, another day may be fixed for the same. XX. Power to punisli contumacious Members. XXT, ^Meetings of Council to be public. Power to punish persons guilty of contempt. I 3 XXII. Shcrift" and Gaoler of District to have charge of persous coiiunilted by the Council. XXIII. A Chairman to bo chosen in absence of the Mayor. XXIA' . (.1.) Secretary-Treayurer to be appointed. (2.) Ilis duties. (3 tj (i.) Security to bo given by hiiu. (7.) l{eceii)t and payment of money.-;. (t; to 10.) AccounVii to be kept, tuibject to inspec- tion, &c. (11 and 12.) Suits against him for an account. (,13.) OUier olllcers may I'o api)ointed. (14 to 10.) Books, money .s keys, &c , in the hands of liny person ceasing to liold oillce, to be delivered to his successor. Action for recovery thereof. XXV. Appointment of As.-osors. XXVM. Oath to be taken by them, XXVII. Their ijualiricalion. XXVIII. Assessment Roll (for Iv.o year.s) to be deposited. Trial of appeals against ])articular assessments. XXIX. Auditors to be appointed annually. To be sworn. XXX. Their duties, XXXI. Their qualiiicatiun. XXXII. ]iIayor to be a Justice of the Peace, r.v ojjicio. XXXTH. Couneillovs to become disqualided, and vacate their seats in certain ca^es. Deiinition of the word " .ludge." XXXIV. I5y-la\vs may be passed lor the government of the city, and for drainage, removal of nuisances, >fce. XXXV. Ollicers, policemen, &c., may be appointed, and re- moved, c^C. XXXVI. Taxes authorized to be levied. u ! 1 Jill I 4. XXXVll. By-laws imiy bo passed for eertnin otlioi- piirpoHCs, therein enumerated. X.XXVIIl. Also, for the preveutioTi of Fires. XXXIX. Colleelion of Assessments. To he levied by distre.Hs, in default of payment. |XL. Tn.xo:* may be reeoverod fi-oni owner or occupier of iiny property. -VLI. Siih' of property belonj'ini,' lo iiijM'iite( , for arreiirs of hi.\(;a. Xiill. 'i'axcs may bo reniittfd in cerlain eases. XLIII. Punishment Jbr infraction of By-laws or re!^iilali"iis. XLI.V. Sums due for taxes to be privileged debts. XLV. Finos and License Fees to form part ol' the City Funds. XLVI. I'tiblicatiou of By-laws. XLVll. Fower to borrow money for public improvcnu^nt.*, water works, ifcc. XLVIIl. Due provision to be made, wiienever any loan is eon- t. acted, for a Sinking Fund, and for the payment of interest. XJilX. Drunken or disorderly persons may be arrested br order of any Member of the Council. Ii. Constable to arrest riotous persons and vau;rauts. |j] . ruuishment for assaulting a constable. Lll. Certain property e.xenipt from taxation. LIIT. All certilicates for Tavern Licenses to be i,'rant.ed by the City Council. LIV. Limitation of Actions undei this .Act. iiV. Eemoval of obstructions or encroaelnnents on thti public streets. LVI. Punishment for false statements made by any person respecting the amoiuit of rent paid, for the purpose of diminishing amount of assessment. H ^1 [iVI I. I'iiicroiiclimoiit of buildings on any public street. Por- tions of any lots so cncroncliing may bo assumed by tlio Corporation, on their making indemnity llier(>foi\ LVIII , Jjnnd may be purchased for opening or enlarging streets, oi- fell' other public purposes. "ilX. MoJe III" (k'iorininiiig by arbitnitiou the jmce to bo paid fill' iuiy yucli land if th.o yamo belong to an infaiil. lunatic, fi'mes covert, &c., or if iho owner i-i'fusc to sell the same. LX. Penalties lo be imposiMl : (1.) On pcnions refusing to accept tlie. oiliee of Mayor or (."ounciUor, when elected. ('2, 11. .'>.) On oflicers of the Corporation, for neglect of any duty. (4.) On persons voting at elections without being duly qualiliod. (().) For iiindering officers of the Council in the execu- i.ion of their duty. (7.) For defacing, etc.. any Notice required by this Act. LXI. ]\Iodi} of rccovori)]g sucli pcn.alties. LXII. Public Act. Interpretation Act to apply. Schedule 1. Public Notice of completion of Collection Koll. 2. Notice for payment of Assessment. ;i Distress Warrant for Assessment dues.