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Tous las autres exemplairaa originaux aont filmAa en commenpant par la premiAre page qui comporte une empreinte d'impreaaion ou d'illuatration et en terminant par la derniAre page qui comporte une telle empreinte. Un des symboles suivants apparaftra sur la derniAre image de cheque microfiche, selon le caa: la symbols -** aignifie "A SUIVRE", ie symbols ▼ signifie "FIN". Les cartes, pianchea, tableaux, etc., peuvent Atre filmAs A des taux de rAduction diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seul ciichA, 11 est filmA A partir de Tangle supArieur gauche, de gauche A droite, et de haut en has, en prenant la nombre d'images nAcessaire. Les diagrammea suivants illustrent la mAthode. t 2 3 32X 1 2 3 4 8 6 ; i 'y 'S \ ^ CHARTER AND BY-LAWS^ OP THE DE" 1 8 1973 CITY OF MONTREAL; TOOETIIEn WITH HISGELLANEODS ACTS OF THE LE6ISUTDRE RELATINO TO THE CITT : WITH AN APPENDIX. COMl'II.El), KEVISKI) AXD CODIFIED, «Y (IIJDKU oK THE CliV COlNril. BY CHS. GLACKMEYER, CITY CLERK. PRINTED BY JOHN LOVELL, ST. NICHOLAS STREET. 1865. BIBUOTHECA . ■■«■■*• t ,t**- t '•?fi V t 3'??^ '^-Z .!■ y - f r 4 -« i. :■- I ;. r'^ \\ / EXTRACT From the Minutes of tlie Council of the Citfj of Montreal. ' Wednesday, 10/A Mmj, 1865. I'resent—Vlii Worship the Mayor, J. L. Beaudhy, Esq.; Aldermen Grkmkk, RODDKN, GORRIK, DAVID, BOWIE, HOLLAND, 8TKVKN80N, McCRKADY; Councillora JIcGibbon, Devmx, Ladelve, Goykttk, McNevin, Hicjoin- 80N, MoGauvra.v, Leduc, I'oupart, Auoiiambault, Alexander. Ogilvie, Brown, Isaacson, Cassidy. Resolved— Ihat this Council deem it their duty to express to the Cit.v ('lerk, Charles Glackmeyer, their acknowledgment for his ability, zeal, and assiduity in collating, classifying, and revising the Charter and By-laws of this City, and in preparing the supplementary matters contained in the volume of Municipal Laws about to be published under the direction of this Council. Resolved — That the thanks of this Council are also due to the Assistant City Clerk, P. L. Macdonell, for the able and diligent manner in which he has translated the Eevised By-laws in the French language. ^> / PREFACE. The necessity for a new and comprebensive edition of the City By-laws has long been felt by the City Authorities, and by all persons connected with the Municipal Government. Since the last compilation was made, in 1842, the City Charter has, at different times, been re- modelled, and new provisions introduced which necessitated some modifications in several of the By-laws, to make them conform to the new enact- -ments, and to the practical working of the various departments of the Corporation. It was, therefore, deemed expedient to re-enact the whole of the By-laws in a modified and revised form. The draft of the By-lawb contained in this book was submitted to the City Council on the 14th December, 1863, and referred to the Chairmen of the several Standing Committees for their exam- ination ; and after a careful consideration and re- vision, by the Chairmen, of the By-laws relating to their respective departments, the same were brought back before the Council in their present / iv PREFACE. / shape, and finally confnined and passed on the loth day of May last. It will be observed that the order in which the By-laws were originally passed has not been fol- lowed, and such parts of their i)riniitive form as were purely technical have been omitted, and a classification of subjects attempted for the pur- pose of rendering the compilation concise and easy of reference. In connection with the By-laws, it was thought proper to publish the City Charter, with its various amendments, and such other acts of the Legisla- ture as related to the City. There is also added an Appendix, embracing the Catalogue of the City Government since its establishment in 1840, the Internal Rules of the Council, the Rules and Regulations of the Fire and Police Departments, &c., together with a copious and correct Index ; all of which, it is confidently hoped, will make the Volume particularly interest- ing and valuable to all those whose duty it is to administer the Municipal Government of this fair and growing City. Montreal, iTt/ne, lj65. K.'^ TABLE OF CONTENTS. PART I. I'agu. City Charter, 3 Amendmrntb to same, 85 Acts of the Legislature Relating to the City,.. ..157 PART II. By-Law conoerninq — Mayor 231 City Clerk 232 City Treasurer 233 City Surveyor 236 Aqueducts 238 Assessments and Taxes 245 Board of Health 259 Bread 262 Buildings ....264 Burials 273 City Passenger Railway 276 Coal 282 Dogs 284 Ferries 286 Fire Department 288 Firewood 304 Good Morals and Decency 306 Gunpowder , 308 Markets 316 Masters and Apprentices 341 Viii ' TABLE OF CONTENTS. By-Law concerninu — NuisnnccR B43 Polico Department 348 Public Poaco 3&5 Public Sfjuarcs 356 Public Pounds 358 Public Crier 3G2 Recorder's Court 363 Sewers 366 • . Streets 369 Side-walks 377 Vaults and Cisterns 383 Vebiclcs 380 Water-courses 401 Bylaws 402 APPENDIX. Law on Expropriations, &o ,409 Catalogue of the City Government 441 List of Aotinq Mayors ; 456 List of City Officials 458 • Rules of Council 460 Rules of Fire Department 470 Rules of Police Department 481 Index 499 ^43 348 3B6 350 358 302 3G3 306 309 377 383 380 401 402 I^A^RT FIRST. CITY CHARTER AND OTHER ACTS o» THE LEGISLATURE, BSLATINO TO THE CITY OF MONTREAL. CHARTER OF THE CITY OF MONTREAL. (14 AND 15 Victoria, Cap. 128.) An Act to amend and consolidate the pro- visions of the Ordinance to incorporate the City and Town of Montreal, and of a certain Ordinance and certain Acts amending the same, and to vest certain other powers in the Corporation of the said City of Mon- treal. (^Sanctioned on the 30th August, 1861.) WHEREAS i is expedient to amend and consolidate the rreambio. provisions of two certain Ordinances of the Legislature of the heretofore Province of Lower Canada,- made and passed in the fourth year of Her Majesty's Reign, and respectively intituled. An Ordinance to incorporate the City ordinances of a and Town of Montreal, and An Ordinance to amend the and ae, cited." Ordinance to incorporate the City and Town of Montreal, and of certain Acts of the Legislature of this Province, passed in the eighth, ninth and eleventh years of Her Majesty's Reign, and respectively intituled. An Act to ordinances of s amend and consolidate the provisions of the Ordinance to vic!| c.'2i and incorporate the City and Town of Montreal, and of a ulTited. "' certain Ordinance amending thdf Ordinance, and to vest certain other powers in the Corporation created by the said first mentioned Ordinance, — An Act to amend the Laws incorporating the City of Montreal, and to facilitate the decision of cases wherein the right of any party to any office in the Corporation may he called in question, — An Act to CITY CHARTER AND OTHER ACTS. <'orporatlon coirtinuod. amend an Act therein mentioned^ and to make better pro- vision for the Election of Councillors and Assessors of and for the City of Montreal, — and An Act to amend the Laws relating to the Incorporation of the City of Montreal, and to vest certain other powers in the Corporation of the Mayor, Aldermen and Citizens of the City of Montreal, constituted by the said Ordinance therein first mentioned : Be it there- fore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled. An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada ; and it is hereby enacted by the authority of the same. That the inhabitants of the said City and Town of Montreal, and their successors, inhabitants of the same, incorporated under the said Ordinance herein first mentioned, shall continie to be, and shall be, as pro- vided in and by the said Ordinance herein first mentioned, a body corporate in fact and in name, by and under the name, style and title of The Mayor, Aldermen and Citizens of the City of Montreal, and as such shall have perpetual succession, and a Common Seal, with power to break, renew, change and alter the same at pleasure ; and shall be capable of suing and being sued, and of impleading and being impleaded, in all Courts of Law and Equity, and other places, in all manner of actions, causes and matters whatsoever, and of accepting, taking, purchasing and holding goods and chattels, lands and tenements, real and personal, movable and immovable estate, and of granting, selling, alienating, assigning, demis- (icnernl cor- owcrs K>'ante< mg and conveying the same, and of entering into and becoming a party to contracts, and for granting and accept- ing any Bills, Bonds, Judgments or other Instruments or Securities, for the payment or securing of the payment of any money borrowed or lent, or the performance, or securing the performance, of any other duty, matter or thing what- soever. CITY CHARTER AND OTHER ACTS. better pro- ora of and I the Laws eal, and to the Mayor, constituted Je it there- jty, by and !ouncil and )f Canada, under the the United led. An Act anada, and enacted by of the said , inhabitants ance herein be, as pro- lentioned, a r the name, izens of the . succession, change and )f suing and aded, in all all manner f accepting, ittels, lands immovable ning, demis- i2 into and and accept- truments or payment of or securing thing what- "'- And be it enacted. That for the purposes mentioned Powors to grant \ he preceding section of this Act, and especially for the payment or securing -the payment of any money borrowed, for the purpose of paying loans already made, or debts now owing by the said Corporation, or of taking up Bonds that may be due or may hereafter become due, or for the purpose of making a new loan or loans, to the extent hereinafter by the fifty-second and fifty-third sections of this Act prescribed, or for any other legitimate and sufficient purpose whatsoever, the said Council may grant and issue Bonds for the sum or sums of money therein to be specified, payable at such time and times after the granting and issuing thereof, and in such place or places in this Province, in the United States of America, in any part of Great Britain, or elsewhere, and either in the currency of this Province, or in sterling money, or in the currency of the country where the same may be respectively made payable, as by the said Council may be thought advantageous or expedient. 3. And be it enacted. That the tract of land which, in Limita of tim and by a certain Proclamation of His Excellency Alured real defined. Clarke, Esquire, Lieutenant-Governor of the heretofore Pro- vince of Lower Canada, issued under the Great Seal of the said last mentioned Province, and bearing date the seventh day of May, in the year of our Lord, one thousand seven hundred and ninety-two, was and is described as being comprehended within the City and Town of Montreal, and which it was therein declared, should be thenceforward called by that name, shall, as provided by the said Ordinance herein first mentioned, constitute and be, and be called, the City of Montreal. 4. And be it enacted, That for the purposes of this Act, city divided in- the said City of Montreal shall, from and after the passing of ° "'"" "^^^ ^' this Act, be divided, for the purposes of the same, into nine Wards, called respectively, East Ward, Centre Ward, West Ward, Saint Anne's Ward, Saint Antoine Ward, Saint Law- rence Ward, Saint Louis Ward, Saint James Ward, and Saint Mary's Ward. 5. And be it enacted, That the said wards of the City of Boundaries of 6 tlie sovornl WBrd8. Kast Ward. Centre Ward. West Ward. CITY CHARTER AND OTHER ACTS. Montreal shall be divided, bounded and limited as follows, that is to say : The Hast Ward of the said city, on the south-east by that part of the River Saint Lawrence opposite to, and extending from Lacroix Street to the extremity of Walker Lane ; on the south-west by the middle of Walker Lane and Saint Gabriel Street, to Craig Street; on the north-west by the middle of Craig Street, from Saint Gabriel Street aforesaid, to Sanguinet Street, and continuing down Sanguinet Street until it meets Saint Louis Street, from thence, along the middle of the said Saint Louis Street, to where the said Saint Louis Street meets Lacroix Street aforesaid ; lastly, on the north-east by the centre of Lacroix Street aforesaid, from Saint Louis Street aforesaid to the River or point of departure. The Centre Ward of the said city shall continue to be, and shall be divided, bounded and limited as follows, that is to say : on the south-east by that part of the River Saint Lawrence opposite to, and extending from the middle of Walker Lane to the middle of the extremity of Callidres Street ; on the south-west by the middle of the said Callidres Street, and crossing the interval betAveen the said Callidres Street and Saint Francois Xavier Street, by the middle of Saint rran9ois Xavier Street, to Craig Street ; On the north- west by the middle of Craig Street to Saint Gabriel Street ; and lastly, on the north-east by the middle of the said Saint Gabriel Street and Walker Lane, to the River, or point of departure. The West Ward of the said city shall continue to be, and shall be divided, bounded and limited as follows, that is to say : on the south-cast by that part of the River Saint Lawrence opposite to, and extending from the middle of the extremity of Callidres Street to the middle of the extremity of M'Gill Street; on the south-west by a line passing through the centre of M'Gill Street and through Commissioners' Square, to Craig Street ; on the north-west by the middle of Craig Street as far as Saint Fran9ois Xavier Street ; and lastly, on the north-east by the middle of Saint Francois I CITY CHARTER AND OTHER ACTS. Ward. Ward. Xavier Street and Callidres Street, to the River, or point of departure. The Saint Anne^s Ward shall be bounded as follows : on saint Anne's the north-east by the centre of M'Gill Street, commencing at the River Saint Lawrence ; thence north, along the centre of M'Gill Street, to jts junction with the centre of Saint Joseph Street ; thence along the centre of Saint Joseph Street to the City boundary ; thence along the said boundary line in a south-easterly direction, to the River Saint Law- rence, and thence to the place of beginning. The Saint Antoine Ward shall be bounded as follows : on saint Antoine the north-east by the centre of M'Gill Street, and through Commissioners' Square to Craig Street ; thence north, through the centre of Craig Street, to Alexander Street ; thence, through the centre of Alexander Street, to the centre of Saint Catherine Street ; thence, the north-west side of the centre of Saint Catherine Street to City Councillors' Street ; thence, the south-west side of City Councillors' Street to Sherbrooke Street ; thence, the north-west side of the centre of Sherbrooke Street to Durocher Street ; thence, the south- west side of the centre of Durocher Street, and the extension of the same to City boundary line ; thence, along the same line so far as it may extend towards the south-west ; thence, along the said line, in a south-east direction, to the centre of Saint Joseph Street ; thence, to the north-west of the centre of Saint Joseph Street, till intersecting the centre of M'Gill Street, the point of commencement. The Saint Lawrence Ward shall be bounded as follows : saint Lawrence on the north-west side of the centre of Craig Street, commen- cing at Saint Lawrence Main Street, and continuing to Alex- ander Street ; thence, the north-east side of the centre of Alexander Street, to Saint Catherine Street ; thence, the north-west side of the centre of Saint Catherine Street to City Councillors' Street; thence, the north-east side of the centre of City Councillors' Street, to Sherbrooke Street ; thence, the south-east side of the centre of Sherbrooke Street, to Durocher Street ; thence, the north-east side of the centre of Durocher Street, to the City boundary line ; thence, along Ward. 8 CITY CHARTER AND OTHER ACTS. 8aint Lewis Ward. Saint James Ward. the said line towards the north-east, until the same joins the centre of Saint Lawrence Main Street ; thence, the south- west side of the centre of Samt Lawrence Main Street, to Craig Street, or the place of beginning. The Saint Lewis Ward shall be bounded as follows : commencing at the centre of Saint Louis and Saint Denis Streets, continuing south-west along the centre of Saint Louis Street to Sanguinet Street ; thence, along the centre of San- guinet Street until intersecting the centre of Craig Street ; thence, the north-west of the centre line of Craig Street, until it arrives at the middle of Saint Lawrence Main Street ; thence, the north-east side of the centre of Saint Lawrence Main Street, to the City boundary line ; thence, along the said line, towards the north-east, until intersecting the centre of Saint Denis Street ; thence, the south-west of the centre of Saint Denis Street, to the middle of Saint Louis Street, the point of commencement. The Saint James Ward shall be bounded as follows : the north-east side of the centre of Lacroix Street, commencing at the River Saint Lawrence and continuing to Saint Louis Street; from thence, the north-west side of the centre of Saint Louis Street, to Saint Denis Street ; from thence, the north-east side of the centre of Saint Denis Street, with the extension thereof, to the City boundary ; thence, along the City boundary line towards the north-east until it intersects the continuation of the centre of Visitation Street ; thence, continuing the said line of the centre of Visitation Street, in a south-east direction, until the same shall reach Saint Mary Street ; and thence, from the centre of Barclay Street, to the River Saint Lawrence ; and thence, along the said River, to the place of beginning. The Saint Mary's Ward shall be bounded as follows : the north-east side of the centre of Barclay Street, commencing at the River Saint Lawrence, to Saint Mary Street ; and thence, continuing from the centre of Visitation Street to the City boundary line ; thence, along the said line, towards the north-east, so far as the same may be found to extend ; thence, continuing the said line in a south-easterly direction Saint Mary's Ward. CITY CHARTER AND OTHER ACTS. until the same shall reach the River Saint Lawrence ; and thence, along the said River, to the place of commencement. 6. And be it enacted. That there shall be elected in the manner hereinafter mentioned, one fit person, who shall be and be called the Mayor of the said City of Montreal, and a certain number of fit persons, who shall bo and bo called Aldermen of the said city, and a certain number of other fit persons, who shall be and bo called Councillors of the said city ; and such Mayor, Aldermen and Councillors, for the Mnyor, Alder- iiioii, iiiut Coiin- cillois to bo oli'ctod, niul to lt(* called tlio Council of tho City. time being, shall be and be called the Council of the said city. 7. And be it enacted. That no person shall be capable of being elected Mayor of the City of Montreal, or an Alder- man thereof, unless he shall have been a resident householder within the said city for one year next before such election, and unless he shall be seized and possessed, to his own use, of real or personal estate, or both, within the said city, after payment or deduction of his just debts, of the value of one thousand pounds currency. 8. And be it enacted. That no person shall be capable of being elected a Councillor of the said City of Montreal, unless he shall have been a resident householder within the said city for one year next before such election, and unless he shall be seized or possessed, to his own use, of real or per- sonal estate, or both, within the said city, after payment or deduction of his just debts, of the value of five hundred pounds currency. 9. And be it enacted. That no person shall be capable of being elected Mayor, Alderman or Councillor of the said City of Montreal, or of voting at any election of city officers, who shall not be a natural born or naturalized subject of Her Majesty and of the full age of twenty-one years ; nor shall any person be capable of voting or of being elected at any such election who shall have been attainted for treason or felony, in any court of law within any of Her Majesty's domin- ions. 10. And be it enacted. That no person being in Holy Orders, or being a Minister or Teacher of any Dissenting or B Qualiflcation lor Aldorman. QnnHllcixtion for Councillor. Persons inca- piibioof 1>cinf{ c!octod JIayor, Aldermen, or Councillors, or of voting at any election of city offlcers. I'crsons inca- pable of being elected Coun- cillors. 10 CITY CHARTER AND OTHER ACTS. Klcction of Mayor, &c. Religious Sect, nor any Judge or Judges, Clerk or Clerks of any Court, or any Member of the Executive Council, nor any person accountable for the city revenue, or receiving any pecuniary allowance from the city for his services, or any officer or person presiding at an election of a councillor or councillors, while so presiding, nor any clerk or assistant employed by him at any such election, while so employed, shall be capable of being elected a Councillor for the said city, or of being a Mayor, an Alderman or a Councillor of the said city. [Section 11, relative to the qualification of Voters, repealed by 4th section of 23 Vic, cap. 72.] 12. And be it enacted, That the Mayor of the said city shall be elected by the majority of the votes of all the Elec- tors of the said city, qualified as aforesaid, taken in the wards in which they are severally and respectively entitled to vote in the election of councillors as aforesaid. 13. And whereas provision for the Registry of Voters has been found equitable and convenient, Be it enacted. That before the first day of January, in every year, the Assessors hereinafter mentioned shall make out from the last Assess- ment Roll, an alphabetical list of the Voters qualified to vote at the election of Councillors in each ward, to be called " The Voters' List," to which they shall add the names of all such persons, not on the said Assessment Roll, as they know are then entitled to vote at such election, according to the provisions of this Act, and the said Assessors shall sign such list, certifying that it is correct to the best of their knowledge and belief, (and shall also keep a true copy thereof,) which list they shall deliver to the City Clerk, to be by him sub- mitted to the Board of Revisers. Lists to be pub- 14. And be it enacted, That the said list shall be kept The Voters' List. for one month, in the City Hall for the examination of all concerned, at reasonable hours, from the first to the fifteenth day of January, inclusive, of which fact the City Clerk shall give immediate public notice, either by printed placards, or by advertisement in not less than one newspaper published in the English lan- guage, and one published in the French language, in the said CITY CHARTEH AND OTIIEll ACTS. 11 • Clerks of il, nor any jiving any 33, or any uncillor or r assistant employed, )r the said ouncillor of :s, repealed 9 said city 11 the Elec- ken in the J entitled to ' of Voters lacted, That Q Assessors last Assess- ified to vote be called lames of all 3 they know rding to the all sign such r knowledge reof,) which )y him sub- ;hall be kept oncerned, at of January, re immediate dvertisement English lan- e, in the said % citv ; and any person who shall claim to be added to the said ciaimH, how to *;, . » . J, , , 1 I II 1 • I 1 bo made. " Voters List, or any elector who shall desire to have any name erased therefrom, shall prefer his request in writing, signed Avith his name, stating the ward to which he belongs, and shall cause the same to be delivered to the City Clerk on or before the said fifteenth day of January. 15. And bo it enacted, That at their last Quarterly Meet- Hoard of «e- • ni • «»i-» y r\' r\ visOrS tO bfl ing in every year after the passing of this Act, the City Coun- appointed-it^ cil shall choose from among their own number four Members of the said Council, who, together with the Mayor for the time being, shall be and constitute a Board of Revisers, any three of whom shall be a quorum to revise the said Voters' List, and decide, according to the best of their judgment, upon the claims previously made as aforesaid, for the insertion or omission of names in or from the said Lists ; and the Mayor, or in his absence, such person as the other members of the Board shall choose at the meeting, shall preside at the who 8haii pro- meeting of the Board, and such Board shall, on their first day of meeting, be duly sworn by one Justice of the Peace for the District of Montreal, well and impartially to perform their duties as such Re visors ; and the said Board shall give Hoard to give public notice, before their first day of sitting, of the order in order of pro- which they will take up the Lists of the several Wards ; and they shall meet on the twentieth day of January, or on the day following, if that day be a holiday, at ten o'clock in the forenoon, for the purpose of hearing persons concerned in making the said claims, and deciding upon them, and shall adjourn from day to day until all the Voters' Lists are revised and settled ; and the Mayor or person presiding at the said Board for the time being, shall have power to examine per- sons upon oath respecting the said claims and all matters connected with the revision of the said Lists ; and the said Board, after hearing the best evidence of which the cases will admit, shall, and they are hereby required to decide upon and make the necessary additions or erasures to or from the said Voters' Lists, in relation to the applications before them ; and the said Board shall also have power to correct any mistake, or supply any accidental omission made by Assessors in the icir u CITY CHAllTER AND OTHER ACTS. said Lists ; and tho said Lists, so revised and settled, shall bo signed hy tho presiding Officer of the said IJoard, and sealed with tho City Seal, and shall bo tho only correct Voters' Lists : Provided always, that tho said lists shall bo finally completed before tho tenth day of February : And provided I'lovlio; LlHfx, WIH'II (O l)f colli' pU'ti'd, mill notice of objoc- also, that no person's naino shall be erased from any of tho said Lists without his bein!{ informed of the claim to that effect, and having an opportunity to bo heard in referenco thereto. I'ubiicnUon of 16. And bo it enacted, that the Voters' List for each • Ward, when so settled and signed, shall be again placed and kept in tho City Hall until after tho close of the elections, I'cicong nnmed and sliall thon bo filed in tho office of the City Clerk ; and ciiig n' ccrtiii- that ovcry person whoso name shall appear in such Ward List, and Avho shall produce a certificate as hereinafter men- tioned, shall be entitled to vote at tho election for Mayor of the said city, and for a Councillor or Councillors, as the case may be, for such ward, without any further enquiry as to his qualification, and without taking any oath other than that ho is the person named in such list, and has not before voted at such election, which oath tho Mayor, or any Alderman or Councillor, or the Recorder of tho said city, is hereby re- quired and authorised to administer. Voters to obfain 17. And bo it onacted, That on the application of any nottovoto^ith- person whose name shall bo on the Voters' List for any ward, at any time on or after the fifteenth day of the said month of February, and until tho close of the said elections, the City Clerk shall deliver to such person a certificate signed by him, that the name of such person is on the Votei's' List for such ward, and that ho is entitled to vote at the election to be held for Mayor of the said city, and for a Councillor or Councillors for such ward, and such certificate shall be deposited by the Voters in the City Hall in the manner here- inafter provided; and no person shall be entitled to vote at the election without producing and delivering such cer- tificate, although his name be on the Voters' List for the ward, rubiic notice of 18. And be it enacted. That public notice shall be lc.,"obeghfwi. given by the City Clerk, in both languages, and in at least CITY CIIAKTEU AND OTHER ACTS. 18 uiic iiowHpapor piil)lishod iii the En^'lisli hingua^^e, ami in one published in the French langunj^o in the said city, of the time when the elections shall bo held, and the said certifi- cates may bo deposited in the City Hall ; such notice bein<5 given at least throe days betbro the election to which it shall refer ; but no want of or defect in such notice shall vitiato any election. . ► 19. And bo it enacted, That the election of Mayor and Kicction of Councillors aforesaid shall annually take place and bo held in tounciiior*. manner following, to wit : The Corporation of the said city shall cause books to be prepared in which shall annually be entered and recorded the names of all persons who, being qualified to vote at the said elections, shall produce and deposit their certificates of qualification in the City Hall of the said city at any time between the hours of nine o'clock in the forenoon and four o'clock in the afternoon, from the fifteenth day of the month of February until Thursday inter- vening between the first and second Mondays in tho month of March, in each year, both days inclusive ; that the said certificate shall be prepared and made out on a sheet of paper having two leaves thereto, on the inner one of which shall be printed or stamped blank lines, followed by the words, " For Mayor," and " For Councillor in tho Ward," printed or stamped as follows, to wit : For Mayor, For Councillor in the Ward. For Councillor in the Ward. That the party entitled to the said certificate, and desirous of voting, shall fill up the said blanks, or, if unable to write, shall cause the same to be filled up in the presence of two subscribing witnesses, with the names of those persons for whom he may desire to vote, and whom he may wish to have elected Mayor of the said city and Councillor or Councillors thereof, as the case may be, for the Ward in which he is entitled to vote ; That the holders of the said certificates being the parties named therein, may produce the same to the City Clerk of the said city, in the City Hall thereof, at any time within the hours and periods hereinbefore specified, u CITY CHAUTEIl AND OTHER ACTA. and ftflor otitry mndo by tho City Clork of tlio unmo of tlio said Voter, and tho date of tho production of the said cer- tificate, tho hoUler thereof l)ein^ tho party named tlicrein as aforesaid, may dei)08it tho said certificate in a auitahle and closed box, in tho said City Hall, labelled with the name of tho ward in which tho said party may bo entitled to vote, of which description of box, appropriately labelled, tho said Cor- poration shall furnish one for each ward of the said city ; That at the time of producing and depositin;; the said certi- ficate, tho said Voter shall bo under no necessity of declarin;^ or making known for whom ho may vote either as May . >r Councillor, and no entry or record of tho party o naitivs voted for shall bo made by the'City Clerk, but only '. i CMtfy of tho name of tho party voting and of tho «Lil ' when ho shall produce and deposit as aforesaid his sula > (.itificatc nnd vote ; That it shall be lawful for tho sukl Mayor, or fur my Alderman or Councillor of tho said 'ity, or for tho Recorder thereof, to administer tho oath prescribed in tho fifteenth section of this Act, to any party producing a certificate of qualification, and claiming a right to deposit tho same and vote at the said election ; And it shall bo imperative on tho said Mayor and Recorder, and on each and every Alderman and Coiiucillor of the said city, to administer tho said oath, upon the }'0(jui8ition to that effect, of any duly qualified Voter in tho said city, and likewise in all cases where doubts are or may bo entertained of tho identity of tho party desirous of voting ; and any person who shall swear falsely upon tho said oath being administered to him, shall be guilty of wilful and corrupt perjury, and shall be liablfe to all tho penalties of the said offence ; That the said nine boxes (one for each ward) shall severally be locked witli five locTiS each ; that each lock shall be different from the other, and shall bo opened wi*:h a key of a different constru tn>'^ J', <- • ' ae keys l any other of the said locks, so that no two ot the said locks may bo opened with the same key ; That the keys of tho said locks shall be given in custody to the Board of Revisers appointed by the Council, each of whom shall keep one key, so that the said •>oxes cannot be opened unless in the presence of all the CITY CIIAUTKR AND OTHER ACTS. 16 momlMTrt of tlio snid Hoftnl; Tlint imintMliatoly after tlio hh'kI Thursdiiy ititci M'Jiin;^ hotwocn the fii-st niul hccoikI MondHyw ill Mureli, tho »airoducod and deposited by the said Voters, shall remain in the office of the City Clerk, where they shall bo open to inspection by any elector, on payment of one shilling. 20. Provided always, That in tho event of tho decease or absence, from illness or otherwise, of any one or more of the nicmbers of the said Board of Revisers, tho Council shall Council to du- oinro tli(> partli linviiiff A muji I'ity of •■ot(>» n Hpccli^oly olcti- t'll Mavbr uiid Coiincldori. ('aKoot'(<<|ualily of vote*. I'rin ,*o. It'anyofthoKi'- vixorit bo (load oruliHcnt.otliorH to lio n|)|)oliitcd ill thoir stead. 16 CITY CHARTER AND OTHER ACTS. appoint from among themselves, other Revisers in the stead of those Avho shall be so deceased or absent as aforesaid, which said Revisers so appointed shall be sworn m the same manner as those in whoso stead they shall be so appointed, and any member who shall be so appointed in the stead of an absent Reviser, shall only act as such for the purposes of the election which shall be then going on ; but if the Council shall be unable to appoint such other Revisers in the stead of those who shall have so deceased, or be absent as aforesaid, then it shall be lawful for the remaining members of the said Board, to perform all the duties in and by this Act directed to be done by the said Board of Revisers. 21. And be it enacted, That if any Eevisor appointed under the provisions of this Act shall neglect or refuse to perform any of the duties required of him under the next preceding section, he shall incur a penalty of two hundred pounds currency. > 22. And be it enacted. That the said Mayor so elected, shall continue in office as Mayor of the said city, until his successor in the said office of Mayor shall have been elected and sworn in ; And in case a vacancy shall occur in the office of Mayor by reason of any person who shall have been elected to that office not accepting the same, or by reason of his dying, or ceasing to hold the said office, the said Covmcil shall, at the first General or Special Meeting thereof after such vacancy, elect from among the members of the Council, another fit person to be Mayor for the remainder of the period for which the Mayor whose place is to be supplied was to have served ; And if any person be elected at the same time Mayor of the said city and a Councillor for any of tlic wards thereof, he shall be held and bound to declare within four days after notice given to him of the said elections, which office he will accept: Provided that if he be, not legally excused from accepting the office of Mayor, he shall bo held and bound to accept the same, and shall incur and pay a fine or penalty of one hundred pounds for non-acceptance thereof, and the said fine or penalty shall be incurred and poid, notwithstanding that he may, at the same time, accept To act for tlio purpose of tho clcctiou only. If Council bo unable to ap- point Uovisors in tho stead of those who are absent, Ac., dii- iics to bo per- formed by the remainingmem- bers of the Board. I'onalty if Re- visor neglects or refuses to per- form duties. Mayor, his term of ofHce. Case of a vacan- cy occurring in the office ot J\Iayor. Any person being elected Slayor and Coilncillor, to declare which ollice ho uc- cept.i. Proviso. Penalty for non- acceptance. pwnwwmiiii'tmmjpji.nii.i'—w CITY CIIAUTEU AND OTIIKR ACTS. n the office of Councillor : Provided also, that if any person so elected Mayor and Councillor at the same time, shall accept the said office of Mayor, then a new election of Councillor shall he held for the Ward for which such person was elected Councillor, within a period to be appointed by the Mayor for that purpose, and in the manner, and subject to the same conditions, as are hereinafter provided for extraordinary vacancies in the said Council. 23. And be it enacted, That each and every person who shall at any election of a Mayor or Councillor or Councillors to be had as aforesaid, wear or carry any flag, ribbon or cockade, or other badge or mark whatsoever, to distinguish him or them as supporting any particular candidate or can- didates at such election, or who shall be armed with, or carry, or have in his possession any cane, stick, club, stave, blud- geon, axe-handle, or any other offensive instrument or weapon whatsoever, or who by violence, menace or malicious practice or in any manner or way whatsoever, shall or may impede or disturb, or thereby endeavour to impede or disturb any elec- tion, or thereby prevent or endeavour to prevent any elector or electors from giving his or their votes at the same, accord- ing to his or their wish or desire, shall and may be liable to be forthwith arrested on view, by any Justice of the Peace for the said City of Montreal, or by any Peace Officer or Constable, present on duty at any such election, or by war- rant issued by any Justice of the Peace, and so arrested to be committed to safe custody or confined in the Common Gaol of the District of Montreal, till the close or terminatiou of the said election, and till good and sufficient security may be taken from the parties so arrested for their future peace- able conduct, and that they shall duly appear and answer to any charge that may be made against them, and for or on account of which they may be so arrested ; and each and every such person, on conviction of any of the offences hereinbefore enumerated, for which he may be so arrested on view or by warrant as aforesaid, shall forfeit and pay a fine or sum of money not exceeding twenty-five pounds current money of this Province, and be liable to an imprisonment not exceeding c Proviso : If the oftico of Mayor bo accci)tc(l, a new election of Councillor to be held. No person to carry flagH, rib- bons, or badges at elections. Nor to act vio- lently, nor dis- turb the elec- tion. Under pain of being arrested anew and con- iincd. And of a penal- ty and imprison- ment. 18 CITY CHARTER AND OTHER ACTS. i! , In what ward an elector may vote. three months' detention at hard labour in the Common Gaol or the House of Correction of the said district, for every such offence. 24. And be it enacted, That persons entitled to vote at the election of Mayor or Councillors as aforesaid, shall vote within the particular Ward in which the property constituting their qualification to vote shall be situated, and not otherwise ; and if any such person shall be possessed of property qualifying him to vote in two or more Wards, he shall be entitled to vote in that Ward only in which he may reside. Ucprcsontation of the wards after the lat Marcli, 1852. Mayor, how long to remain in ollicc. Councillors, their term of office. Councillors to be elected at the next elections. Ontho first Mon- day ill March, in each year, a Councillor to go out of office, and which. '25. And be it enacted, That from and after the first Mon- day in the month of March now next, the said several Wards shall be represented in the Council of the said city*by three Councillors, each independently and exclusively of the person to be elected Mayor as aforesaid ; that the said Mayor shall not continue in office without being re elected longer than one year, and until his successor in office shall have been elected and sworn in ; and no Councillor elected or to be hereafter elected for any of the said Wards shall continue in office without being re-elected, for any longer period than three years ; that at the next annual election of a Mayor and Councillors in the said city, to be held in the City Hall thereof, between the fifteenth day of February now next, and the Thursday intervening between the first and second Mon- days of the month of March following, the inhabitant house- holders and persons qualified to vote as aforesaid, shall elect from the persons qualified to be Councillors, two fit and proper persons to be Councillors for each of the said Wards hereinbefore designated as the Saint Anne's, the Saint Antoine, the Saint Lawrence, the Saint Lewis, the Saint James, and the Saint Mary's Wards respectively, and also from the persons qualified to be Councillors for each of the other three Wards, such number of persons as shall be required to supply the places of those who shall then go out of office ; and that on the first Monday of the month of March, in each and every year, that Councillor for each and every of the said Wards respectively, shall go out of office who shall have been member thereof for the longest time without I CITY CHARTER AND OTHER ACTS. 19 re-election : Provided that whenever any two Councillors are Proviso. elected at the same time in any ward, that Councillor shall first go out of office . who shall have been elected by the smaller number of votes ; And provided always, that when- Proviso. ever any two members of the Council for any of the said wards may be elected by an equal number of votes, then it shall be determined by a majority of the Council, Avhich of the members thereof for such said wards shall go out of office : And provided further, that any member going out of office Proviso: May may be re-elected, if qualified according to the provisions of this Act. 26. And be it enacted. That if at any election of a Coun- no person to cillor or Councillors as aforesaid, any person shall be elected ciiior lor more i „ , • 1 • *''*" ""'^ ward. a Councillor for more than one ward of the said city, he shall, within three days after notice thereof from the City Clerk, make his option, or, on his default, the Mayor of the said city shall declare, for which one of the said wards such person shall serve as Councillor, and thereupon such person shall be held to have been elected in that ward only, and in no other. 27. And be it enacted. That to facilitate the decision of superior couh ,.,,,.,,„ . 1 Ti • in term, or at its cases in which the right ot any person to hold or exercise weoiciy sittings, . "^ . . to try and ad- any office in the Corporation of the said city may be called ju«i«o cases un- . *' . ^ . . . dor this Act. m question, the Superior Court for the District of Montreal, sitting in Term, or at its weekly sittings for the cognizance of suits and actions of a civil nature, shall, on the information {requite lihellee) of any citizen of the said city qualified to vote at the election of Councillor for some ward thereof, supported by affidavit to the satisfaction of the Court or of such Justices, and complaining that any person illegally exercises, or assumes, or attempts to exercise the office of Mayor, Alderman, or Councillor of the said city, have full power and authority to order the person so complained of to appear before such Court or Justices, and to shew by what authority he exercises, or assumes, or attempts to exercise such office ; and such order shall be served (with a copy of the information) process, upon the party complained of, at least three days before that on which such party shall be ordered to appear ; and the said 20 CITY CHARTER AND OTHER ACTS. I'l'oviso. Proviso. ] Court shall have full power and authority thereupon to try and adjudge upon the right of the person so complained of to exercise the oflSce in question, and to make such order in the case, and to cause (if need shall be) such writ of Mandamus or order to be addressed to the Corporation of the Mayor, Aldermen and Citizens of Montreal, as to right and justice may appertain ; and such order or writ shall be obeyed by the said Corporation, and by all other parties whatsoever, and from the judgment of the said Court in any such matter as aforesaid, there shall be no appeal ; and the said Court shall have full power to tax and award such costs against any party as in their discretion they shall deem right : Provided always, that so far as may be consistent with this Act, the forms of proceeding in any such case as aforesaid, shall be as summai-y as may be consistent with a due examination into the merits of the case : And provided also, that the authority and powers conferred by this section on the said Superior Court in Term, or at its weekly sittings, shall apply to cases where the party complained of, exercised, or assumed, or attempted to exercise the office in question before the passing of tliis Act ; and that any proceedings commenced in Term before the Court may be continued before the weekly sittings of the said Court ; and any proceedings commenced before the said Court in the weekly sittings thereof, may be continued before the said Court in Term. 28. And be it enacted. That whensoever hereafter it may happen that from any cause whatsoever, an election for a member or members of the said Council of the said city shall not take place for any wai*d or wards of the said city at the time fixed therefor by law, or appointed therefor by the Mayor of the said city, it shall be lawful for the said Mayor, as soon thereafter as expedient, to appoint a period within which an election or elections, in lieu and place thereof, shall be held and take place, in the City Hall of the said city, in the manner hereinafter prescribed. 29. And be it enacted. That there shall be in each year four Quarterly Meetings of the said Council, which shall be held on the following days, that is to say, on the second Mon- Mayor to ap- point a day for elections. Four quarterly meetings in eacli year, of three days cacli. CITY CHARTER AND OTHER ACTS. 21 on to try ined of to der in the Tandamus le Mayor, nd justice ed by the ever, and matter as ourt shall [iny party sd always, forms of summary le merits id powers in Terra, the party ) exercise and that >urt may urt; and t in the the said ir it may an for a iity shall y at the by the Mayor, d within of, shall . city, in ich year shall be nd Mon- day of the months of March, June, September and December, in each and every year ; and the said meetings shall not at any one time be held for a longer period than three days succes- sively, in which holidays shall not be included. 30. And be it enacted, That the Mayor, Aldermen and Councillors of the City of Montreal, who shell be in office Avhen this Act shall come into force, shall continue in office until required to go out of office under the provisions of this Act ; and the person who shall so be the Mayor of the City of Montreal at the time this Act shall come into force, shall continue in office until his successor in the said office of Mayor shall have been appointed and sworn in, according to the pro- visions of this Act ; and on the first Monday in March in each and eveiy year, one of the Members of the Council for each Ward shall go out of office ; and on the first Monday in March now next, and on the first Monday in March in each succeeding year, those Members of the Council for each Ward respectively shall go out of office who shall have been Members thereof for the longest time without re-election: Provided always, that if on the first Monday in March next, or in any succeeding year, there shall be a vacancy or vacancies in the office of any Member or Members of the Council for any Ward, who would not, under the provisions of this section, have gone out of office on that day, then a Member or Members of the Council shall be elected for the Ward to fill such vacancy, as well as in the place of the Member who shall then go out of office under the provisions of this section : And provided also, ttiat it shall be allowable for any Member of the said Council to resign his said office of Councillor, and vacate his seat in the said Council, if the reason assigned by him for so doinof be considered good and sufficient, and his said resignation be accepted of by not less than two-thirds of the Members com- poshig the said Council. And if in any year, the first Mon- day in March be a holiday, all that by this section is ordered to be done on that day, shall be done on the following day. 31. And be it enacted, That at the first Quarterly or Special Meeting of the Council of the said city, after the election of Members thereof next Mnyorat»'.,now ill lifflcc, to con- tiiiuu ill otiice. Olio iiioiiiljcr lor each ward to j;o out (if otlicu ill March cvory year. If at siicli ('lec- tion a fiirtlicr vacancy slioiild occur, BIlOtlKU' inoinbcr to b(^ elected. Case of a day. Iioli- Klectioii of Al- dermen. year, and each subsequent 99 CITY CHARTER AND OTHER ACTS. Alderman going out of office may bo re-elected. Extraordinary vacancies in Council, how to be tilled up. Period for which such per- son shall bo elected. Limitation of period for hold- ing such extra- ordinary elec- tion. Vacancies among the Al- dermen, how supplied. year, the said Council shall elect from among the Members of the said Cotincil, so many as may then be requisite, with those Aldermen remaining in office, to make the number of nine, (if so many Members there be duly qualified, and if there be not, then such less number as may be so qualified,) to be Alder- men of the said city, until the time when they shall respec- tively cease to be Members of the said Council under the pro- visions of this Act, and no longer: Provided always, that any Alderman going out of office, in any year, may, if re-elected as a member of the Council, at the next or any subsequent election of Councillors, be re-elected as an Alderman. 32. And be it enacted. That if, after the passing of this Act, any extraordinary vacancy shall occur in the office of Member of the Council of the said city, for any Ward thereof, the inhabitant householders and persons qualified to vote in the Ward for which such vacancy shall have occurred, shall, within a period to be appointed by the Mayor, after such vacancy shall have occurred, elect from the persons qualified to be Members of the Council, a person duly qualified to fill such vacancy ; and such election shall be held, and the voting and other proceedings shall be conducted in the same manner and subject to the same provisions in this Act con- tained, with respect to other elections of Members of the said Council ; and every person so elected shall hold such office until the period at which the person in the room of whom he shall have been elected, would, in ordinary course, have gone out of office, and shall then go out of office, but may be immediately re-elected if then duly qualified : Pro- vided always, that no election shall take place to supply any such extraordinary vacancy between the first day of January and the first day of March in any year: And provided also, that as soon as any such extraordinary vacancy in the office of Member of the said Council shall have been supplied, if the Member of the Council whose office so became vacant, was an Alderman, it shall be lawful for the said Council to elect from the Members of the said Council, qualified to be Aldermen, a person to be Alderman in the room of the Alderman whose office may have so become vacant. CITY CHARTER AND OTHER ACTS. 23 33. And be it enacted, That whenever and so long as the in cage of ub- Mayor of the said city may bo absent from the said city, or nossof tiio from sickness be incapable of discharging the duty of Mayor to oiec't an ai- of the said city, the said Council shall elect from the Alder- in Ws place, men of the said city, one who shall, during such absence or sickness of the Mayor of the said city, have all the power, authority and rights vested by law in the Mayor of the said city, and shall, during any and every such absence or sick- ness of the said Mayor, discharge and perform all the duties imposed by law on the Mayor of the said city ; and when- ever and so often as a vacancy shall occur in the office of Mayor of the said city, the said Council shall elect from among the Aldermen thereof, one who shall, during such vacancy, act as Mayor of the said city, and shall, until such . vacancy be filled up, have all the authority, power and rights vested by law in the Mayor of the said city. 34. And be it enacted. That at any Quarterly or Special oour.cii to up. Meeting of the said Council after the election of Members ^" "*^ -^^sesEors. thereof, in the year of our Lord one thousand eight hundred and fifty-two, and in each succeeding year, the said Council shall appoint as many Assessors for the said city, not ex- ceeding nine in number, as may be necessary, and the said Council may grant the said Assessors such remuneration for their services, as they the said Council may deem fitting ; and the said Council may order and determine in what and May romune- how many Avards the said Assessors shall act, and if they see ^^^'^ **'*^™' fit, that the Assessors to be appointed shall act as such, throughout the whole city limits ; and it shall be the duty of the said Assessors to make the Assessments, to assess all property, and to make returns of all persons liable to pay any rate, duty, tax or impost for or by reason of any cause whatsoever, in the said city, in like manner as the same has been hitherto done in the said city ; and the said Assessors shall not hereafter, in the performance of the duties vested in and imposed upon them by law, base their proceeding, estimate or assessment of property, on a fancied value or rental thereof as has heretofore often been done, but that they the said Assessors shall be, and they are hereby re- CJTY CHARTER AND OTHER ACTS. Assessors to be sworn . quired to determine the assessment to be made by tbem on AMcssmfiit to all such property, upon the actual and bond fide rent thereof, bo iiinilo on the • i i. t /. • , • ,, , . actiMii value of if the said rent be a lair and eciui table one, and proportionate property. , to the value of the property, but if otherwise, then on the interest of the actual value of the property assessed ; and where property to bo assessed is in the occupation or posses- sion of the proprietors thereof, the said Assessors shall be, and they are hereby required to determine the Assessment to be paid thereon, upon and according to the rent, which the said property may be worth, and ought to obtain, were the same to be leased, at a fair and equitable rental, by the said proprietor at the time ; and henceforth, all vacant and unoccupied lots of land within the limits of the said city, shall be assessed in all their depth, to their whole extent, and at their full value, that is to say, on the interest of the actual value thereof. 35. And be it enacted. That every person to be appointed Assessor as aforesaid, shall, before he begin to act as such, or execute the duties of his said office, take the oath of alle- giance, and also the following oath, before the Mayor of the said city, or any two Members of the Council thereof, that is to say : "I, having been appointed Assessor for the said City of Montreal, or for the said Ward of the said city (as the case may he'), do swear that I will faithfully, impartially, honestly and diligently execute all the duties of the said office, according to the best of my skill and know- ledge. So help me God." 36. And be it enacted. That notwithstanding any thing to the contrary in any Act or Law heretofore passed, or in force in this Province, it shall not be necessary for the Assessment in the said city to be made between the tenth day of May and the tenth day of June in each year, but that the powers and authority of the Assessors elected and appointed or to be hereafter elected and appointed under and by virtue of this Act, shall be and continue in force, and may be exer- cised for and during the period and term of their election and Outli. For wliat period Assessors may act. I CITY CHARTER AND OTHER ACTS. 2ft appointment, to wit, until the first Monday in Marcli in the year next following their said election and appointment. 37. And be it enacted, That it shall bo lawff' *br the said rouiiciitoiimko Council, at any meeting or meetings composeu A not less ingtoAgitcMorK. than two-thirds of the Members thereof, to make a By-law or By-laws, which shall regulate and determine the time when the Assessors of the said city shall annually commence their duties, the manner in which they shall perform them, the period within which they shall annually make their first general return of the Assessments to bo levied and obtained in the said city, and the time and manner in which they may or shall correct their said return, by extending the same, and adding thereto the names of any parties omitted or who shall have become known to the said Assessors, or shall have arrived in the said city subsequently to the making thereof, or who shall have become liable to pay any Assessment, Tax or Duty to the said city, at any time after the said general return shall or may have been made ; and in the event of any vacancy or vacancies occurring in the office of Assessor or Assessors, by the non-election of any Assessor or Asses- sors, at the time fixed by law therefor, or by the absence or death of any person or persons elected or appointed to that office, or by the refusal or inability of any Assessor or Assessors elected or appointed, to attend to, perform and fulfil the duty or duties which he or they are or may be bound or required by law to attend to, perform and fulfil, it shall and may be lawful for the said Council, at any Quar- terly or Special Meeting thereof, to elect, nominate and appoint one or more competent and duly qualified person or persons to fill and supply such vacancy or vacancies. 38. And be it enacted. That at the. Quarterly Meeting to Election of be held by the said Council in the month of December in ^ the year one thousand eight hundred and fifty-two, and at the Quarterly Meeting to be held by the said Council in the month of December of every succeeding year, the Members of the said Council shall elect, by a majority of votes, from the persons qualified to be Councillors, two persons who shall be, and be called Auditors of the said City of Montreal ; and every D 26 CITY CHARTER AND OTIfER ACTS. Thoir qunliflcn- tinnandtormof ofBce. Dloriuallflcation of cortain per- Hoiis to bo Au- ditors, Vacancy in offlco of Audl- torK, how tilled up. OatliH to 1)0 tpkou by tho Mayor, Alilor- nion or Coun- cillors. Oath. Finos for non- acceptance of office. such Auditor shall continue in office until tho second Monday in the month of March in tho year following his election : Pro- vided always, that no Member of tho said Council, nor tho Clerk, nor Assistant Clerk of tho said city, shall be capable of being elected an Auditor as aforesaid : And provided further, that any vacancy that may occur in the office of Auditor, may be filled up by the said Council, by an election to be had in the manner and under tho provisions aforesaid, at any subsequent General or Special Meeting ; and tho person so elected, shall hold his office until the time when the person whoso place he shall have been elected to supply would have gone out of office. 39. And be it enacted, That no person elected to bo Mayor, Alderman or Councillor as aforesaid, shall be capable of acting as such, except in administering the oaths herein- after mentioned, until he shall have made and subscribed before any two or more of such ALiormen or Councillors (who are hereby respectively authorized and required to administer the said oath to each other), the oath of allegi- ance to Her Majesty, Her Heirs and Successors ; and also an oath in the words or to the effect following, that is to say: " I, A. B., having bec.i elected Mayor (or Alderman or Councillor, as the case ma>j be) for the City of Montreal, do sincerely and solemnly swear, that I will faithfully fulfil the duties of the said office, according to the best of my judg- ment and ability ; and that I am seized or possessed, for my own use, of real or personal estate, or both, in the said City of Montreal, after tho payment or deduction of my just debts, of the value of One Thousand Pounds (or Five Hundred Pounds, as the case may he), and that I have not fraudu- lently or coUusively obtained the same, or a title to the same, for the purpose of qualifying myself to be elected Mayor, (Alderman, or Councillor, as the case may he), as aforesaid : So help me God." 40. And be it enacted. That every person duly qualified, who shall be elected to the office of Mayor, Alderman or Councillor, or appointed Assessor or Auditor, of the said CITY CHAUTER AND OTllEli ACTAi 37 city as aforesaid, shall accept the office to \>liK'!h he ill have been so elected, or shall, in default thereof, pay to the Treasurer of the said city, and for the use of the said city, a fine as follows, that is to say : for non-acceptance of the office of Alderman or Councillor, a fine of Fifty Pounds ; for non-acceptance of the office of Auditor or Assessor, a fine of Fifty Pounds ; and for non-acceptance of the office of Mayor, a fine of One Hundred Pounds ; and every person so elected or appointed, shall within four days after notice of his election or appointment, accept such office by taking the oath of allegiance, and in the case of the Mayor, Aldermen and Councillors, by making and subscribing the declaration hereinbefore mentioned, and in the case of the Assessors and Auditors, by taking and subscribing the oath hereinbefore prescribed, and in default tliereof shall be liable to pay the fine aforesaid, as for his non-acceptance of such office, and such office shall thereupon be deemed vacant, and shall bo filled up by a new election, to be made in the manner here- inbefore prescribed : Provided always, that any person not qualified to make the said declaration, may be permitted and shall be held and bound to make oath that he is not seized or possessed of real or personal estate, or both, in the terms of the said declaration, of the value of One Thousand Pounds, or Five Hundred Pounds, as the case may he, in which case, but not otherwise, he shall be exempted from accepting or filling the said office : Provided also, that no persons disabled by lunacy or imbecility of mind shall be liable to pay such fine as aforesaid : And that every person so elected to any such office, who shall be above the age of sixty-five years, or who shall already have served such office, or paid the fine for not accepting such office, within five years next preceding the day on which he shall be so re-elected, shall be exempted from accepting or serving the same office, if he shall claim such exemption within five days after notice of his election from the City Clerk : And provided also, that no Military, Naval, or Marine Officer, in Her Majesty's Service, on full pay, nor any Member of the Legislatui*e of this Province, or of the Executive Council, nor any Surveyor "TI Ah ^-■■ ColllU'llh Auditor or As- HcHKor, as Mayor. Acocptanco of ofDcotobomadt^ by takiug oatliH, Ac. rorsons not qiialifli'd, to Kwonr to tlu'ir iion-qualitlca- tiou. Exemption IVont »aid oUices. 28 CITY CIFARTRR AND OTIIKU ACTS. Ch'ck In wlilcli tlip Mnyor, Al- ilormoii or Councillor!) hIiuII bceonio (llxi|iinlitk>d. i Mayor, Aldcr- mcii.nnd Coun- cillors to bo Jus- tici's of tho I'C'IICO. Mayor to have a sjalriry. Council to name City Clerk. Goncrnl, Adjutant General of Militia, or Provincial Secre- tary, nor the Provincial Postmaster (ieneral, or his Deputies, nor any Custom 1 louse Officer, Sheriff, or Coroner, nor tho Clerks and Commissioned Officers of the JiCgislature or of tho Executive Council, nor any Schoolmaster, shall bo held or bou!ul to accept or hold any such office as aforesaid, or any other office in the said city, 41. And ho it enacted, That if any person holdinfj; tho office of Mayor, Aldorman, or Councillor, shall ho declared ]Jankrupt, or shall become insolvent, or sliiill apply to take tho benefit of any Act for tho relief of Insolvent Debtors, or shall compound by deed with his creditors, or shall take or enter into Holy Orders, or become a Minister or Teacher of any Uelij^ious Sect, or a Judge or Clerk of any Coiu't, or a Member of the Executive Council, or shall become account- able for the City Kevonue, or receive any pecuniary allowance from tho city for his services, or shall be absent from the said city for more than two calendar months at one and the same time, or shall bo absent from tho Meetings of tho said Council for more than two calendar months consecutively, (unless in case of illness, or with leave of tho Council) then, and in every such case, such person shall thereupon imme- diately become disqualified, and shall cease to hold such office of Mayor, Aldorman, or Councillor, as aforesaid ; and in the case of such absence, shall bo liable to tho same fine as if ho had refused to accept such office. 42. And bo it enacted. That the Mayor of the said city for tho time being, shall be Justice of the Peace for the City and District of Montreal : and that the Aldermen and Coun- cillors of the said cifcy for the time being shall severally be Justices of the Peace for tho said City of Montreal, and it shall bo lawful for the said Common Council, from and out of tho moneys belonging to the said city, to grant and allow to the said Mayor, for the time being, in lieu of all fees and perquisites, such salary not exceeding Five Hundred Pounds, and not less than Two Hundred Pounds, as the said Council shall think fit. 43. And bo it enacted, That it shall be lawful for the said CITY CiJAUTER AND OTHKIl ACT.S. se Co\incil of the said city, from time to time, ns occnRion may reiiuirc, to appoint a tit uml proper person, not hein;^ a Mem- hor of the Council, Jo be Clerk of the said city, and another fit person, not bein^ a Member of the said Coinicil, and not being City Clerk, to bo the Treasurer of the said city : one or more fit person or persons, not being of the Council, to be the Clerk or Clerks of the Marketa of the said city ; and one or more Surveyor or Surveyors of highwaysj streets and bridges ; and such number of Overseers of liighways, streets and bridges, as they may deem neces- sary ; and one Collector for each of the Wards of the said city ; one or more Pound Kee[)er or I'ound Keepers for the said city, and such other Officers as they may think neces- sary, to enable them to carry into executloi; ihe powers vested in them by this Act, and to prescribe and regulate the duties of all such oflScers respectively, and at their plea- sure to remove any such officer, and appoint another in his place ; and the said Council shall take such security for the due execution of the offices of City Clerk, Treasurer or other officer, as they shall think proper, and shall and may grant and allow to the City Clerk, Treasurer and other officer, to be appointed as aforesaid, such salary, aid, allowance or other compensation for their services, as they may think fit ; and whenever and so long as the said Clerk of the said city may be absent from the said city, or, from sickness or any such cause, be incapable of discharging the duties of the office of tlie said City Clerk, it shall be lawful for the Mayor of the said city, by a writing under his hand, to appoint a fit and proper person to bo Assistant Clerk of the said city ; and every such Assistant Clerk shall, during the time for which he may be so .appointed, dlsshargc the duties of the office of the said City Clerk ; and all acts, matters and things done by the said Assistant City Clerk, during the time of his appointment, shall have the same force and effect as if per- formed by the City Clerk of the said city. 44. And be it enacted. That so much of a certain Act of the Legislature of the lieretofore Province of Lower Canada, passed in the thirty-sixth year of the Reign of His late Clly 'I'ti'iiHiiriT, < l"iliF( (pf Mm- Hiirvpyow or lllMliwn.vH. OvunctTi). ("ollcctorn, rotiiul kcopiTs mill ii|lu>r otllcurii. To nroncrlbx dutioM. Security to be tukuii. SnInrloH tu be givou. In cnno of nli' Houco or Hick- iiCKMof rily Clerk, Mayor iniiy iiniiic Ah< elHlttiit Clerk. I'owom of Trea- Kiiror, AHHOMon), Survey orit, ^o., under H Ucorm' lll.o.U. (L. (7.) 80 CITY CHARTER AND OTHER ACTS. Majesty King George the Third, intituled, An Act for mak- ing, repairing and altering the Highways and Bridges within this Province and for other purposes, as provides for the appointment of Assessors and of a Road-Treasurer for the said City of Montreal ; and also a certain Act of the Legis- lature of the said heretofore Province of Lower Canada, passed in the ninth year of the Reign of His late Majesty 9jGeo. IV, c. 10. King George the Fourth, intituled. An Act to increase the number of Assessors for the Cities of Quebec and Montreal; and also so much of a certain other Act of the Legislature of the said heretofore Province of Lower Canada, passed in the thirty-ninth year of the Reign of His late Majesty King (L.C.) 39 Geo. Ill, C.5. George the Third, intituled. An Act to amend an Act passed in the thirty-sixth year of His p)resent Majesty^ s lieign, inti- tuled " An Act for maJcing, repairing and altering the High- " loays and Bridges within this Province, and for other " purposes,''^ as provides for the appointment of a Surveyor of the highways, streets, lanes and bridges in the said City of Montreal, by the Governor, Lieutenant Governor, or per- son administering the Government of the said heretofore Province of Lower Canada, and which were repealed by the said Ordinance to incorporate the City and Town of Montreal, shall continue to be, and shall be and remain repealed ; and all and every the powers, authority and duties, which, in and by the said Acts, or any other Act or Acts of the Legislature of the said heretofore Province of Lower Canada, were before the passing of the said Ordinances to incorporate the City aijd Town of Montreal, vested in, and imposed on, the Assessors appointed in pursuance of the provisions of the said Act passed in the thirty-sixth year aforesaid, and the powers and duties of the said Road-Treasurer, and of the said Surveyor of Highways, Streets and Bridges in the said city, appointed under the said Act passed in the thirty-sixth year aforesaid, and which under and by virtue of the said Ordinances to incorporate the City and Town of Montreal, are now vested in and imposed on the Assessors appointed in pui-suance of the last mentioned Ordinance and on the Treasurer of the said city, and on the Surveyor of Highways for the said Transferred to tlie same officers appointed un- ler this Act. CITY CHARTER AND OTHER ACTS. 81 Tho duties of At-ecR8ors may be performed by a majority of tliem. Case of diifer- eiicc of opinion, liow met. City of Montreal, appointed respectively under the authority of the last mentioned Ordinance, shall continue to be, and shall bo and remain vested in, and imposed on the Asses- sors, Treasurer of the' said city, and on the Surveyor of highways for the said City of Montreal, respectively, who may be in office under the authority of the said last mentioned Ordinance when this Act comes into force, and in their suc- cessors in the said offices respectively, to be appointed under and by virtue of the present Act : Provided always, that all duties that may be performed by the said Assessors, may be performed with equal force and effect by a concurring major- ity in number of the said Assessors, and that in all cases where there may be a difference of opinion among the said Asses- sors, the opinion of a concurring majority in number of them, any two or more shall have the same force and effect as if the whole of the said Assessors had concurred : and if the said Assessors, acting without a third, or preponderating Assessor, differ in opinion, the third, remaining or preponderating Asses- sor shall examine the premises respecting which such diffe- rence of opinion may have occurred, and by his opinion confirm that of one or other of the Assessors or divisions of Assessors who may have so differed, and the opinion so confirmed shall have the same force and effect as if the three or more Asses- sors had concurred in it ; and in each of the cases above mentioned, and in every other such case, the Assessor or Assessors dissenting may make an entry in the Assessment Books of the reasons of his or their dissent. 45. And be it enacted. That the Treasurer of the said city, shall, in Books to be kept for that purpose, enter true accounts of all sums of money by him received or paid, as such Treasurer, and the several matters for which such sums shall have been received or paid ; and the Books containing the said accounts shall, at all seasonable times, be open to the inspection of any of the Aldermen or Councillors of the said city ; and all the accounts of the said Treasurer, with all vouchers and papers relating thereto, shall, on the first day of February in each and every year, be submitted by such Treasurer to the Auditors elected for the said city as afore- Troasuror of the city, Ilia duties. Accounts to bo annually sub- mitted to tlio Auditors and to tlie Council for oxuminatiou and audit. 32 CITY CHARTER AND OTHER ACTS. i said, and to such Members of the said Council, as the Mayor of the said city shall name ; and the said Books of accounts, accounts and all vouchers and papers relating thereto, shall, from the first to the last day of February, inclusively, in each and every year, be open to the examination of the said Audi- tors, and Councillors to be named by the Mayor, for the pur- pose of the said Books and accounts being examined and audited for the year preceding such annual examination ; and Abstract of rc- if thc Said accounts shall be found to be correct, the Auditors counts to be an- in i • i niiaiiy printed, shall Certify the same to be so ; and after the said accounts shall have been so examined and audited, in the month of February in every year, the Treasurer shall make out in writing, and cause to be printed, a full abstract of his accounts for the year, and a copy thereof shall be open to the inspection of all the rate-payers of the said city, and copies thereof shall be delivered to all rate-payers of the said city applying for the same, on payment of a reasonable price for each copy. On what orders 46. And be it cnactod. That the Treasurer of the said city shall not pay any moneys, in his hands as such Treasu- rer, otherwise than upon an Order in writing of the Council of the said city, signed by three or more Members of the said Council, and countersigned by the Clerk of the city, or in pursuance of a Judgment or Order of any Court of Justice. 47. And be it enacted. That the Clerk, Treasurer and other Officers of the said city, appointed by the Council as aforesaid, shall respectively, at such times during their con- tinuance in office, and within three months after they shall respectively cease to be in office, and in such manner as the said Council shall direct, deliver to the said Council, or to such person as they shall authorize to receive the same, a true account in writing, of all matters committed to their charge, by virtue or in pursuance of this Act ; And also, of all moneys which shall have been by them respectively re- ceived, by virtue, or for the purposes of this Act, and how much thereof shall have been paid and disbursed, and for what purposes, together with proper vouchers for such pay- Treasurer may make pay^ incnts. City officers to render detailed accounts. CITY CHARTER AND OTHER ACTS. m ments : and every such Officer shall pay all such moneys as shall remain clue from him to the Treasurer, for the time being, or to such person as the said Council shall authorize to receive the same; And if any such Officer shall refuse or wilfully neglect to deliver such account, or the vouchers relating to the same, or to make payment as aforesaid, or shall refuse or wilfully neglect to deliver to the said Council, or to such person as they shall authorize to receive the same, within three days after being thereto required by the said Council, all Books, Documents, Papers, and Writings in his custody or power as such Officer as aforesaid, then, and in every such case, on complaint made on behalf of the said Council, of any such refusal or wilful neglect as aforesaid, to any Justice of the Peace for the District or County wherein such Officer shall reside or be, Mich Justice of the Peace shall be, and is hereby authorized and required, to issue a Warrant under his Hand and Seal, for bringing any such Officer before any two Justices of the Peace for such District or County ; And upon the said Officer appearing, or not appearing, or not being found, it shall be lawful for the said Justices to hear and determine the matter in a summary man- ner ; And if it shall appear to such Justices, that any moneys remain due from such Officer, such Justices may, and they are hereby authorized and required, on non-payment thereof, by Warrant under their Hands and Seals, to cause such moneys to be levied by distress and sale of the goods and chattels of such Officer ; and if sufficient goods and chattels shall not be found to satisfy the said moneys and the charges of the distress, or if it shall appcL'' to such Justices that such Officer has refused or wilfully neglected to deliver such Ac- counts, or the Vouchers relating thereto, or that any Books, Documents, Papers, or Writings which were or are in the custody or power of such Officer, in his official capacity, have not been delivered as aforesaid, or are wilfully withheld, then, and in every' such case, such Justices shall, and they are hereby required, to commit such Officer to the Common Gaol or House of Correction for the District or County where such Officer shall reside or be, there to remain without bail, E To pay over nil moneys by flii'iii due. How they miiy be jirocot'dtHi against for refu- sal or neglect of euch duty. .) iidgment to be obtained in a summary man- ner. In default of payment, the party may be imprisoned. 34 CITY CHARTER AND OTHER ACTS. Term of impris- onment limited. Hemcdy by ac- tion not to be iibridgod af;ain8t snch (pfjicoror Ills surety. At mcptinps of Council, major- ity to decide all •luestions. until he shall have paid such moneys as aforesaid, and shall have delivered a true Account as aforesaid, together with such Vouchers as aforesaid, and until ho shall have delivered up such Books, Documents, Papers and Writings as afore- said, or have given satisfaction in respect of the matters aforesaid, to the said Council : Provided always, that no per- son so committed shall be detained in prison for want of suffi- cient distress only for a longer space of time than three calendar months : Provided also, that nothing in this Act contained shall prevent or abridge any remedy by action against any such Officer so offending as aforesaid or against any surety for any such Officer. 48. And be it enacted. That in all meetings of the said Council, to be held in pursuance of this Act, a majority of the Members present at such Meeting shall determine all questions and matters submitted to, or under the considera- tion of the said Council, provided that the number present at the said Meeting be not less than one-third part of the whole number of the said Membei*s of the said Council ; And at all such Meetings, the Mayor of the said city, if present, shall preside, and in case of his absence, such Alderman, or, in the absence of all the Aldermen, such Councillor as the Members of the Council so assembled shall choose to be Chairman of any such Meeting, shall preside at the same ; And in case of an equality of votes, the Mayor or Chairman presiding shall have a casting vote, that is to say, such Mayor or Chairman shall not in any case, while so presiding, have a vote as a Member of the Council, nor unless the votes be as aforesaid equally divided. 49. And be it enacted, That it shall be lawful for the Mayor of the said city, or, in case of his absence from the said city, or sickness, for the Alderman of the said city, elected in the manner hereinbefore provided to fill his place, to call a Spe- cial Meeting of the said Council, when and as often as the said Mayor, or, in case of his absence or sickness as afore- said, the said Alderman of the said city, may deem it proper, after three days' previous notice thereof ; and in case the said Mayor, or the said Alderman, during the absence or Who shall pre- Kidc. fasting vote to member presid- ing. Special meet- ings, how called. ;Iji case of refu- sal by theMay or to call such meetings, five CITY CIIARTKU AND OTHER ACTS. 85 sickness of the said Mayor as aforesaid, shall refuse to call any such Meeting, after requisition for that purpose, signed by five or more Members of the said Council, or in case of the absence or sickness 'as aforesaid of the said Mayor and of the said Alderman at the same time, it shall be lawful for any five or more Members of the said Council to call a Meet- ing of the said Council, after three days' previous notice, Avhich notice shall be signed by the said Members ; And every such notice, whether given by the Mayor, or by the said Alderman, or by any five or more Members of the said Coun- cil, shall specify the business for which the proposed meeting is to be held ; and in all cases of such Special Meetings as aforesaid, a Summons, to attend the Council, summarily spe- cifyuig the business to be transacted at such Meetings, and signed by the City Clerk, shall be delivered to every Member of the said Council, or shall be left at the usual place of abode of every Member of the said Council, three days at least before such Meeting. 50. And be it enacted. That the Minutes of the proceed- ings of all meetings to be held as aforesaid, shall be drawn up and fairly entered in a Book to be kept for that purpose, and shall be signed by the Mayor, Alderman or Councillor pre- siding at such Meeting, and the said Minutes shall be open to the inspection of all persons qualified to vote at the election of Councillors, on payment of a fee of one shilling ; and the said Meetings shall be held Avith open doors, and .all extracts from the Book required to be kept by this section of this Act, and all co])ies of entries therein, and generally all Certifi- cates, Deeds and Papers signed by the Mayor of the said city, and countersigned by the City Clerk of the said city, and under the Seal of the said city, shall, in all Courts of Justice in this Province, be taken and received aa primd facie evidence of the facts set forth in such Extracts, Copies, Certificates, Deeds and Papers, respectively. 51. And be it enacted. That at any Quarterly or Special Meeting of the said Council of the said City of Montreal, when the business before the meeting cannot be gone through with, or be fully disposed of, it shall be competent to the said iiipmlMTS may call a mcotiiig iil'fpr certain notice. Business bpfor such mectines to 1)0 «iipcinlly mentioned in si;cli notice. Blinules of pro- ceedinKsnt meetings to be liept. Meetings to l)e licld witli open doora. Copies of en- tries, cortitied by tlie Cleric and under tlie City Seal, to bo deemed as jiH- m& facie evi- dence. Council may hold adjourned meetings. :i() CITY CHARTER AND OTHER ACTS. Council ma); iiniiie commit' tees. Council to adjourn the said meeting from time to time and as often as may be necessary or be thought expedient by the said Council, for the consideration and disposal of the said unfinished business ; but that no new business shall be brought before, or be considered at, any such adjourned meeting, or any other subject or business than the unfinished business of the previous meeting : that it shall not be necessary to give notice of any such adjourned meeting to any Members present at the time of the adjournment of the said Council, but that notice thereof and of the unfinished business to be considered and transacted thereat, be given in all possible cases, to the Members of the said Council not present at the said adjourn- ment ; and for that purpose, that, except in cases of great emergency, no adjourned meeting be held within less than twelve hours' delay from the time of the adjournment of the preceding meeting. 52. And be it enacted. That it shall be lawful for the said Council to appoint, from and out of the Members comprising such Council, such and so many committees, consisting of such number of persons as they may think fit, for the better transaction of the business before the Council, and for the discharge of such duties within the scope of their powers, as may by the said Council be prescribed, but subject in all things to the approval, authority and control of the said Council. Certain powers ^3. And be it enacted. That all and every the powers and inii'iagistrTitos'^'^ authorities which, in and by any Act of the Legislature of by X couucn!' the heretofore Province of Lower Canada, in force at the time of the passing of the said Ordinance to incorporate the City and Town of Montreal, had been, and were at the time of the passing of the last mentioned Ordinance, vested in the Court of Quarter Sessions of the Peace for the said District of Mon- treal, and in any Special Sessions of the Peace for the same District, and in the Justices of the Peace for the said District of Montreal, or any of them, for, touching, or concerning the laying out, making, erecting, keeping in repair and regulating the highways, bridges, streets, squares, lanes, causeways, pavements, drains, ditches, embankments, water-courses. CITY CHARTER AND OTHER ACTS. 87 me and as int bv the ' the said )e brought lecting, or )usiues8 of ry to give rs present , but that ionsidered 3es, to the i adjourn- s of great less than )nt of the r the said omprising isisting of the better id for the lowers, as ;ct in all the said )wers and slature of ; the time the City me of the ihe Court t of Mon- the same i District ming the egulating luseways, >courses. sewers, market-houses, and weigh-houses, and other j)ublic erections and works in the said City of Montreal, or any of them, and for, touching and concerning the dividing of the said city into divisions, and the appointment of Overseers of highways, streets and bridges in the said city, and for, touching and concerning the laying, imposing, raising, levying, collecting, applying, paying and accounting for, a rate or rates of assessment upon occupiers of lands, lots, houses and buildings, in proportion to the annual value thereof, within the said City of Montreal, and Avhich, under and by virtue of the said Ordinance to incorporate the said City and Town of Montreal, became and was vested in the said Council of the said City of Montreal, shall continue to be vested in and exer- cised by, and shall be and remain vested in, and exercised by the said Council of the said City of Montreal ; and all real and personal property within the said city, which, before the passing of the said Ordinance to incorporate the City and Town of Montreal, were subject to the management, control or authority of the Justices of the Peace for the said District of Montreal, or any of them, and which, under and by virtue of the last mentioned Ordinance, have become, and are subject to the power, authority, order and control of the said Coun- cil of the said city, shall continue to be, and shall be and remain, subject to the power and authority, order and control, of the said Council of the said city ; and the said Council council to shall, moreover, have the exclusive power to grant or refuse ficei'ses."^^ Ferry Licenses to persons inlying as Ferrymen to the said City of Montreal from any place within nine miles of the said city ; any law, usage or custom to the contrary notwith- standing. 54. And be it enacted. That it shall be lawful for the said council autho- Council of the said City of Montreal to borrow, on the credit to a certaiu^'ex^ of the said city, such sum or sums of money as the said Coun- cil of the said city may think proper to borrow on the credit of the said city : Provided always, that the total amount borrowed, and remaining unpaid, exclusive and independent of the amounts due, or to become due, for the purchase of the Montreal Water Works, authorized to be made in and by the 88 CITY CIIAllTEll AND OTHER ACTS. ( 'ity rovonucs cliarjfcd with till' iMiymeiit of Hiich debt aiKl nil otlioi- debts contracted by tlie ("ouiicil, Act passed in the seventh year of Ilcr Majesty's Rei^n, and intituled, An Act to mithorize the Mayor, Aldermeyi and • (Jitizens of Montreal, to purchase, acquire, and hold the pro- perty now known as the Montreal Water Works, shall not exceed at any one time the sum of One Hundred and Fifty Thousand Pounds, currency ; and all and every public moneys raised, or to bo raised, by assessment as aforesaid, and all moneys now due and payable, or that may hereafter be due and payable to the said Council of the said city, as well as all other moneys hereafter to be raised or received by and under the authority of that Act, or of any other Act, or by any other cause or causes whatever, shall be charged and chargeable with the payment of the sums of money so to be borrowed by the Council of the said city, and with the pay- ment of the sums of money Avhich have been already borrowed by the said Council of the said city, and generally with the payment of all debts which have been or may be legally con- tracted, or which are now or hereafter may be legally due and owing by the said Council of the said City ; and all sums of money heretofore legally borrowed by the said Council of the said city, and still remaining unpaid, and all sums of money hereafter to be legally boi-rowed by the said Council of the said city, and generally all debts now legally due or here- after to be legally due by the said Council of the said city, shall be payable from and out of all or any moneys that may be raised or received by the said Council, under the autho- rity of this Act, or under the authority of any other Act now in force, or that hereafter may be in foi'ce in this Province, or by any other cause or causes whatever. 55. And be it enacted. That for the purpose of extending and improving the said Water Works, it shall and may be law- ful for the said Corporation of the said city, to borrow over and above the sum of One Hundred and Fifty Thousand Pounds, current money aforesaid, to w^hich the said Corporation is limited in the next preceding section of this Act, such sum or sums of money not exceeding the sum of Fifty Thousand Pounds current money aforesaid, in all, as the said Corpora- tion may find it necessary or expedient to borrow for the Corporation may borrow a further sum, for the extension and imjirove- mont ol Watei ^Vork^ rater CITY CHARTER AND OTHER ACTS. 89 extension and improvement of the said Water Works, and it shall and may be lawful for the said Corporation to issue M»y \mu> said Water Works, payable at such time and times after tne granting and issuing thereof, to the bearer thereof, either within this Province, or any place or places without this Province, and either in the currency of this Pro- vince or in sterling money, or in the currency of the place where the same may be respectively made payable, which said Bonds shall bear interest payable semi-annually, on the first Toboarintciv.t. days of May and November in each year, and at a rate not exceeding six per centum per annum, and all such Debentures or Bonds may have Coupons thereto annexed, for the said rv)»y>oH,d 'ir' 7 Vict., cited. 40 CITY CHARTER AND OTHER ACTS. flioHO to be ii.l iiiuIlt thiH Act. I'roviso : na to priority of pri- vilc'gu. A rntp or nssosa- nu'iit to 1)(^ lu- vii'd for supply- in ' water. Who is to bo Hiibjcct to 8UCll rate. Kntf, when payable. Not to oxcood Is. 6(1. in the pound, &c. liy whom paid. Notice to bo given. For a broken period, the rate to be in propor- tion. A3 to the rate per annum. Proviso : no fur- ther charge to be made. Works, in and hy the above mentioned Act, shall be and the same are hereby extended to, granted and secured for and in favour of the Debentures or Bonds which shall or may be hereafter issued by the said Corporation in pursuance of this Act : Provided that nothing herein contained shall be held or construed to affect or destroy the priority of privilege of the said Bonds so as aforesaid already issued for the purchase of the said Water Works. 56. And be it enacted, That it shall and may be lawful for the said Corporation, when and so soon as they are pre- pared to supply the said city or any parts thereof with water, to specify and declare by a By-law, that the proprietors or occupiers of houses, stores and similar buildings in the said city, or in such parts thereof as they are ready to supply as aforesaid, or both the said proprietors and occupants shall by reason thereof be subject to an annual rate or assessment payable at the periods to be fixed by the said By-law, to the said Corporation, which rate or assessment shall not however be made payable before the water is ready to be supplied to the said proprietors or occupiers by the said Corporation, and shall not exceed One Shilling and Six pence in the Pound on the assessed annual value of the said houses, stores and simi- lar buildings, and the said rate or assessment shall and may be imposed upon, and shall be payable by all such proprietors and occupiers, as well by those who consent as by those who refuse to receive into their houses, stores or other buildings, the water-pipe to receive the same, but such rate or assess- ment shall not be payable by the proprietors or occupiers of any such house, store or building, in the said city, until after the said Corponition shall have notified him, that they are prepared and ready to supply such house, store or building, with water ; and if from the time of such notification, to the next period appointed for the payment of such rate or assess- ment, there shall be any broken period, then such rate or assessment shall be payable pro rata, for such broken period as if accruing day by day ; but the rate per annum shall not exceed that limited by this Act : Provided that no other or further charge than the said rate or assessment shall be made CITY CHARTER AND OTIIKR ACTS. 41 or assess- rrovl.-ii: UK (i> \vll();H for the siipjily of tlio water as aforesaid, any thiii;j; in tlie said last mentioned Act to the contrary notwithstandin<^ : And Provided also, that the expense of introduein;j; the said water into the said jiouses, stores or otlier huildlnj^s, shall be borne by the said Corpora'tion, and the work performed by the same, but the distribution of the said water throu<^h the said houses, stores or other buildings, after bein<5 introduced into them, shall be borne by such proprietors or occupiers, if required by them. 57. And bo it enacted, That the said Corporation shall have power to make special agreements with parties inter- ested for the supply of Avater for any Steam Engine, Baths, Breweries, Distilleries, Manufactories, Livery Stables, Hotels, or other special cases: And in all cases where any party receiving or entitled to receive a sui)j)ly of water from the said Corporation, shall neglect or refuse to pay the said rate or assessment, it shall be lawful for the said Corporation to turn off the water from the premises of the said party, and to discontinue the supply of water to the said party ; but the said party shall notwithstanding continue to be liable for, and shall be bound to pay the said arrears, and likewise the rate or assessment thereafter to become due under the said By- law. 58. And bo it enacted, That it shall be lawful for the said Council, at any meeting or meetings of the said Council, composed of not less than two-thirds of the members thereof, to make By-laws, which shall be binding on all persons for the following purposes, that is to say : For the good rule, peace, welfare, improvement, cleanli- ness, health, internal economy and local government of the said city, and for the prevention and suppression of all nuisances, and all acts and proceedings in the said city, obstructive of, or opposed, or disadvantageous to, the good rule, peace, welfare, improvement, cleanliness, health, in- ternal economy or local government of the said city. For the raising, assessing and applying such moneys, as may be required for the execution of the powers with which the said Council is now, or may be hereafter invested, cither F Corporatioii mav mukf ey)*!- ciaiu){ri.')'iiii'iit«i, in cvrtuin cusi-m, I'or tlieBiii)i)ly of water. Supply of wilier limy lie ilixenii- tiniR'tl for lion- payineiit. Tarty to rciiiaiii liable to arrears and Kubf^cfjiicnt rates. Council to make lly-laws for cer- tain general purposes. For the cleanli- ness, liealtli, and local govern- ment of thecity. For raising and applying mo- neys, by lolls, rates, or assess- ments. 42 CITY CIIAUTKII AND OTIIRIl ACTS. Or (liillcH on pullliC llOIIHI'H, h'tnllerH of Kpl- ritiioim liiiuuri', |)0«, AgPIltK, clmn^^ors niul tlio nj^onts of nil such, niifl the promises occu- |)icn hou«0M, AiictlunoorM, &c,. AfAnnnictiiron, llr(iw)>i'H nnd illxtillcrH, <'luiiiill<>r«, ni'ick ninkom, hiNpoctorit of U^rrty. rouiicll may piirclmso pri)- pcrty for iiublic ci'inoti'ry. at the time of the passing of this Act, sliall continue, ho, and remain in full force and virtue, until the same shall he rescni- ded, repealed or altered by the said Council, under the autho- rity of this Act, or by other competent legal authority. [Sections 60, 07, 08, 09, 70, 71, relating to expropriations, repealed by 27, 28 Vic, cap. 60.] 72. And be it enacted, That all Corporations, ecclesias- tical or civil, whose property, or any part of whose property, shall bo conveyed to, or taken by the said Corporation of the City of Montreal, under the authority of this Act, may invest the price of compensation paid for the property so conveyed or taken, in other real property in any part of this Province, and may take and hold the same without ^Her Majesty's Letters of Mortmain ; any law to the contrary notwithstanding. 73. And be it enacted, That the said Council shall have full poAvcr and authority to purcliase property, to wit : real estate, in the said City of Montreal, and also without and beyond the limits thereof, if deemed expedient so to do, for any purpose whatsoever, having for object to jji-oniote or preserve the public health, and especially for the jmrposo of establishing a public cemetery or cemeteries in or near the said city, for the use and benefit of its inhabitants in the environs of the said city. [Section 74, relative to local improvements, repealed by 27, 28 Vic, cap. 60.] 75. And be it enacted. That in all cases of the non- payment of the assessment on any real property in the said city liable to assessment, an increase of ten per cent, on the amount at which the said property may and shall be assessed, shall annually accrue upon, and be made to, all arrears of assessment due on such property, so long as the same shall remain unpaid ; and the said property, or any sufficient part or portion thereof, if the same be easily susceptible of divi- sion, shall, after five years' non-payment of the said arrears of assessment, and increase of ten per cent, thereon, be liable to be sold therefor ; and the SheriflF of the District of Montreal is hereby authorized and empowered to sell and Xoii-pnyiiu'iit of asM's.itiiont to be Ilnblt! to ton por cent, iucroutiu par annum. I'roporty to bo Hold nftpr live years' non-ijuy- inent of assess- IIH'llt. How property is to bo sold Ibr arrears of as- CITY CIIAIITKII AND OTIIKII ACTS. 67 disnoHo of any and all such property, ntler f*ix niontlis' notice ptimxmont, bihI to that ettect, given by lum, tlio said Nierift, m the usiial iiiimtn. manner and form, in payrtiont and satisfaction of any judg- ment that may bo obtained for the said arrears of assessment, and the increased per centago duo thereon, f(.r the said period of five years, whetlicr the said judgment bo obtained in ti>o said Superior Court or in the Reccnler's Court, \ipon a Writ or Order to that effect being duly made and directed to the said Sheriff from the said Superior Court or the said Rec "d- er's Court ; and the moneys levied by the sale of the . I Uftnni of sin- property to be so as aforesaid sold, the said Sheriff' fhuU in i<> th.. (\mr\ m all cases return before the said Superior Court, sitting in the District of Montreal, to be by the saiu Court adjudged upon, distributed and ordered to bo paid according to law, and the rights and privileges of the parties claiiring the same : Pro- vided however, that any balance or amount of the .'ud Uniiimo to im moneys to be so as aforesaid levied by the said B)u i»ft', iiiriiori.tioii, remaining in the hands of the said Sheriff, after the judgment i'urt, shall, <';i \f iiic puriy withm fifteen days thereafter, be paid ovoi by the said »■»'"<'• Sheriff to the said Mayor, Aldermen, and Citizens of the City of Montreal, to remain in their hands, at the Icgd interest of six per cent, till demanded and claimed by the party or par- ties having a right to demand and claim the surae. 76. And be it enacted, That any rato or assessment Tminnt iiiiMct.i with which any real estate within the said city may be wiiu riKiit to " ,11, (Icihu't iiiiioiiiit legally rated or assessed, may be exacted and recovered, v^m ivom i i. either from the owner of the real property so rated or assessed, or from any person occuj , "n-^ the same or any part thereof, either as a tenant or othei Arfc ; and when any such rate or assessment shall be paid by any tenant not bound to make such payment, by the 1 'ose or other agreement under which he holds or occupies such real estate, such tenant shall have the right to deduct the sum so paid by him, from the rent payable by him in respect of the enjoyment or occupa- tion of the real estate so rated and assessed ; Provided always, that a judgment obtained or execution issued against either party, Proprietor or Tenant, shall not debar or hiudov :)8 CITY CIIAllTER AND OTHER ACTS. I'l'ivilugo fc'rnnt- fd to secure live years' assess- iiiontx. proceedings against the other party for payment of the said rate or assessment, if the same cannot be had or obtained from the party first proceeded against. 77. And be it enacted, That all debts that, from and after the passing of this Act, shall become duo to the said Corpoi'ation, for any rate or assessment, assessed or imposed on any real or personal property, or both, within the said city, or upon the Owners or Occupiers thereof, ift respect of such property, or for duty on business, or for any other rate, tax, or impost levied under and by virtue of any By- law of the said Council, shall be privileged debts, and shall be paid in preference to all other debts, excepting debts due to Her Majesty, and shall, in the distribution of the proceeds of property, whether real or personal, of any person liable to pay any such debt, be so held, considered, and adjudged, by all Courts of Justice, and by all Commissioners, or other persons having jurisdiction in Bankruptcy in Lower Canada : Provided always, that the privilege hereby granted shall not extend beyond the rates of assessments due for five years, that is to say, for the current year when such claim may be made, and for the five years next preceding that year : And provided also, that the said privilege shall not require registration to preserve it, any Act, Ordinance, or Law to the contrary notwithstanding. 78. And Avhereas many cases arise of enquiries into Witiioas sum- moned on en- quiry at facts may be exam- ined on oatli. facts before the said Council, as well as before Commit- tees thereof when the interests of justice would be pro- moted, if the witnesses brought forward could be examined on oath, and power were ^" * en to the said Council and Com- mittee to compel the attendance of witnesses before them : Be it therefore enacted. That upon any enquiry or investi- gation being entered into before the said Council or any Committee thereof, other than those already provided for by law, it shall be lawful for the Mayor of the said city, or other person representing him, to issue his Summons requiring any person to appear before the said Council, or any Committee thereof as aforesaid, for the purpose of giving evidence touching the said enquiry or investigation ; and if any person CITY CHARTER AND OTHER ACTS. r,f> 1 IVualtv. SO summoned sliall neglect or refuse to appear at the time and i)lacc appointed by such Summons, and no reasonable excuse for his absence shall be proved before the said Coun- cil or Committee, or if any person appearhig in obedience to such Summons, shall refuse to be examined on oath touching the said enquiry or investigation, it shall be lawful for the said Mayor to enforce the attendance of all such persons, and to compel such persons to answer all lawful questions l)y the like means as are used for such purposes in the ordinary Courts of Civil Jurisdiction in Lower Canada : and every person so neglecting or refusing to appear, or refusing to be examined on oath as aforesaid, shall, moreover, on con- viction thereof before the Recorder's Court of the said City of Montreal, foi'feit and pay such sum of money not exceed- ing Five Pounds, and be liable to such imprisonment not exceeding thirty days, as to the said Recorder's Court shall seem meet ; And any person who shall wilfully and corruptly give false evidence upon any s»ich inquiry or investigation, shall be deemed guilty of wilful and corrupt perjuiy, and shall be liable to all the penalties of the said offence. 79. And whereas it is expedient to provide a summary and inexpensive mode of recovering the debts, fines and penalties, and of hearing and determining the offences here- inafter mentioned: Be it therefore enacted. That there shall be a Court of Record in the said city, which shall be called the Recorder's Court of the City of Montreal, and wherein the Recorder for the time being shall preside, assisted by one or more of the Aldermen or Councillors of the said city, or in the absence of the Recorder, from sickness or other causes, or when there shall be no Recorder, the INIayor, or one of the Aldermen or Councillors of the said city, shall preside ; and such Court shall in all cases possess the like powers, and have the like jurisdiction, as to crimes, offences, and misdemeanors, committed in the said city, as the Court of Weekly Sessions of the Peace, for the said City of Mon- treal, now has or hereafter may have by law, as to crimes, offences and misdemeanors, committed within its local juris- diction, as well as in all those matters of civil concern, not I'ccorfk'i- Court c-t; 0(1. 'Mi> 60 CITY .CHARTER AND OTHER ACTS. l belonging to the ordinary jurisdiction of a Court of Justice, as have been or may hereafter be by Law vested in the said Court of Weekly Sessions of the Peace ; and it shall be law- ful for the said Recorder's Court to hear and determine all causes and suits that may be brought by the said Corporation of the said city, for the recovery of any sum or sums of money that may be due and payable to the said Corporation of the said city, as the amount of any rate, assessment, tax, duty or impost lawfully imposed by any By-law, Rule, Regu- lation or Order now in force, or that hereafter may be in force in the said city, and all causes and suits that may be brought by the said ' Oiporation, for the recovery of any sum or sums of money tnat may be due and payable to the said Corporation, for the rent or occupation of any Butcher's or Huckster's Stall, or other stall or stand whatsoever, in or upon any of the public markets of the said city, or as and for the amount of any rate, tax, duty or impost now levied or collected, or that may hereafter be lawfully imposed, levied or collected on any of the said public markets ; also to hear and determine all causes and suits that may be brought by the said Corporation of the said City of Montreal, for the recovery of any water rent or revenue, or any sum or sums of money whatsoever that may be due and payable to the said Corporation for water rent, or for any supply of water given or furnished from the Montreal Water Works, now the property of the said Corporation, to any house or premises, or to or for the use of any person or persons in the said city, or for the introduction of any piipo or pipes from the said works into any house or premises in the said city, or the enlarging, extending, repairing, altering, removing or changing of any such pipe or pipes, in any house or premises, or at the instance or request, or for the use or benefit of any person or persons in the said city ; and also to hear and determine all offences against any such By-law, Rule, Regulation or Order, or against any kw concerning any market or markets in the said city, or against any law concerning any assessment, tax or duty, to be levied in the said city, or against any of the provisions of an Ordinance of CITY CHARTEll AND OTHER ACTS. 61 the Legislature of the Provirw^e of Lower Canada, passed in the second year of Her Majesty's Reign, and intituled, An Ordinance for establishing an efficient system of Police in the Cities of Quebec and Montreal; and also to hear and determine all suits and prosecutions that may be brought for the recovery of any fine or penalty that may hereafter be incurred, and be due and payable under any such By-law, Rule, Regulation or Order now in force, or that hereafter may be in force in the said city as aforesaid, or under this Act, or under any Act or Acts concerning any Market or Markets in the said city, or under any Act or Acts con- cerning assessment to be raised in the said city, or under any of the provisions of the said Ordinance, passed in the second year of Her Majesty's Reign, and intituled, as above mentioned, An Ordinance for establishing an efficient system of Police in the Cities of Quebec and Montreal : and for the purposes aforesaid, the said Recoi'der's Court shall be held from tir^e to time, as occasion may require, in the City Hall of the said city, or in such other place in the said city as the said Council of the said city may ordain ; and the City Clerk of the City of Montreal shall be the Clerk of the said Recorder's Court ; and the Precepts, Writs and Processes, to be issued out of the said Recorder's Court, shall not require to be under any Seal, but shall run and be in the name and style of Her Majesty, Her Heirs or Successors, and shall be signed by the Recorder of the said City of Mon- treal, or in the event of his absence or non-appointment, by the said Mayor or Alderman or Councillor presiding, and be countersigned' by the said Clerk ; and it shall be lawful for the said Court to summon, by a Writ to be signed and countersigned as aforesaid, the party accused of any oflfence as aforesaid, or from whom any sum of money shall be claimed for any one or more of the causes in this section before set forth, and the witnesses to be heard as well in his favour as against such party, and upon the appearance or default of the party accused or complained against, in not appearing, upon proof of service of such Summons by the return in writing of the person who made the service, to proceed 62 CITY CHARTER AND OTHER ACTS. with the exaniination of the witness or witnesses on oath, and to give judgment accordingly, awarding costs for the successful party ; and when the party accused or complained against shall be convicted of such offence, or if judgment be given in favour of the Prosecutors for the sum of money sought to be recovered, or for any part thereof, on proof or by confession, to issue a Warrant or Warrants, to be signed aufl countersigned as aforesaid, requiring any Constable or B<(\lift', of the goods and chattels belonging to the party coi'vicLed, or against whom such judgment shall be rendered, to levy the amount of such judgment, or of any penalty or fine to be imposed by such conviction, as the case may bo, and costs of suit, and to cause sale thereof to be made ; which Warrant shall authorize any Constable or Bailiff to execute such Warrant in any part of the District of Montreal, by saisie and sale of any goods and chattels which shall and may be found in the said District, appertaining to the person or persons against whom such Warrant shall thus be issued ; and when the goods of a person so convicted, or against whom a judgment shall be given, shall not prove sufficient to satisfy such Warrant, upon a return to that effect, the saici Court, by a furthc!.' Warrant to be signed and countei-signed as aforesaid, to be addressed to any Constable or Bailiff, may and shall cause to be apprehended and committed, the per- son against whom such judgment shall have been so given, or the person so convicted, to the Common Gaol of the District in which such person may be found^ there to remain until the penalty im})osed by such Court, Oi' the amount of the judgment given, with the costs in either case, shall have been paid and satisfied : Provided always, that no person so committed shall be detained in ^;aol more than one calendar month ; and provided also, that uicli imprisonment shall not in any case have the effect. of satisfying the said judgment, or of debarring the said piosecutors from enforcing payment of the sviCi judgment, by seizure of any goods or chattels, or lands and tenements, liable to seizure, that may afterwards be found belonging to the said parties, or by any other legal means or process whatsoever, other than imprisonment of the CITY CIIAKTER AND OTHER ACTS. 68 (k'liiifil. riaid parties ; and where imprisonment for any time is the punishment to be suffered by any person or persons under any conviction or convictions to be pronounced by the said Recorder's Court, the said last mentioned Court, by a War- rant, to be signed and countersigned as aforesaid, and to bo addressed to any Constable or Bailiff, shall cause such per- son so ordered to be imprisoned, to be forthwith apprehended, if not already in custody, and when so in custody, or sub- sequently apprehended, to be committed to the Common Gaol of the District in which such person may be found, there to remain for the time he may be so condemned to be imprisoned. 80. And be it enacted. That it shall be lawful for the said powors of iin^ Recorder's Court to cause order to bo preserved in the ?aid comtcurtiiir Kccorder's Court, and to punish by fine or imprisonment any person guilty of any contempt of the said Court or of any member thereof, if such contempt be committed during the sitting, and in the presence of the said Recorder's Court ; to enforce the attendance of any witnesses in any action, cause or prosecution, that may be pending before the said Recorder's Court, and to compel such witnesses to answer all lawful questions ; to authorise and require the examination of any party on interrogatories on facts and articles faits et articles, or on the juramentum litis cleeisorium, or on the juramentum judicicde, in the same and like cases and cir- cumstances in which such examination may be lawfully re- quired and had in the ordinary Courts of Civil Jurisdiction in Lower Canada; and to cause the execution of, and obe- dience to any Order, Precept, Writ, Process or Warrant, that may issue fi'om the said Recorder's Court, for any one or more of the purposes aforesaid, by the like means as are used for any such purpose or purposes in the ordinary Courts of Civil Jurisdiction in Lower Canada. And- it shall be lawful for the Council of the said City of Montreal, to appoint so many Bailiffs of the said Court, as the said Council may think fit ; and to make and settle a tariff of the fees which should be exacted by the Clerk of the said Recorder's Court and by the BaiUffs and other such Officers, to be employed 04 CITY CIIAllTER AND OTHER ACTS. in aL'l about the said Recorder's Court: Provided always, that 110 fee shall be exacted under such tariff until such tariff be approved of by the Governor in Council. And it shall be the duty of the Clerk of the said Recorder's Court, to prepare and make out all the Precepts, Writs, and Processes severally that may issue from the said Court, and in a Register, to be kept An- that purpose, to enter in a sac:'^inet inamv r all the proceedings had in the said Court, ;.ud to record .it full i(;ngth all the judgments renderod, vn*^. c'v,vicno!)i pro- nounced by the ;aid Court, but not to take in wntlng the depositions of -witnesses or of partiii examined in the said Court; and any per.?, si who shall, either as a party or as a witness, wilfully and corruptly give false evideivo, u^ any cause, suit, action, prosecution, or other proceeding in the said Recorder's Court, shall bo doomed gui! ,, of wilful and corrupt perjury, and shall be liable to t'l'^ penalties of wilful and corrupt perjury ; and any Member of the said Council, except'mg the Mayor, Aldermen, or Councillors of the said Council then sitting in the said Court, and any Member, Officer, or Servant of the said Corporation, shall be a com- petent Avitness in any suit or pn>:ecution that may be insti- tuted in the said Recorder's Court, if he have no direct interest in the issue of such suit or prosecution, or be not otherwise rendered incompetent ; any law, usage, or custom to the contrary notwithstanding. And any toll, assessment, tax, duty or impost, fine or penalty, that may be sued for in the said Recorder's Court, shall be recoverable there, upon the oath of one credible witness ; and any person prosecuted in the said Court, for any offence that may be heard and determined by the said Court, shall be liable to be convicted on the oath of one credible witness. AMo thcap- 81. And be it enacted. That the Recorder for the said Vtcroi-dorfor City of Montreal shall be a Barrister of that part of the tivai, &c. ' Province of Canada heretofore Lower Canada, of not less than five vears' standing, and shall be appointed by the Crown during pleasure, and such Recorder shall be ex-officio a Jus- tice of the Peace, in and for the said City and District of Montreal, and shall receive a salary of not less than Three CITY CIIAllTER AND OTHER ACTS. (;:> Hundred Pounds per annum, payable monthly out of the Funda of the said city : Provided always nevertheless, that the said I'roviso. Recorder shall not in the first instance be appointed until after the Corporation of the said city shall have communi. cated to the Governor General of this Province, through the Provincial Secretary thereof, their opinion that such an OflSccr is required for the better conduct of the affairs of the said city, and administration of Justice therein. 82. And be it enacted, That it shall be lawful for the FurtJi.r powiis said Recorder's Court to be hold and to sit daily, and as orv comt. many times as may be necessary each day, without previous notice or time fixed, to summarily hear and determine upon the case of any person offending against the provisions of the said Ordinance passed in the second year of Her Majesty's Reign, and intituled. An Ordinance for esUibluhintj an efficient system of Police in the Cities of Quebec and Mont- real, or the provisions of any Act or Acts concerning assess- ments to be raised in the said city, or concerning ma-kets, or against any By-law, Rule, Regulation or Order now in force, or that may be hereafter in force in the said city ; and upon the case of any vagrant, loose, idle or disorderly person, and other offenders arrested by or in charge of the Police of the said city, the cases of persons arrested on view, or immediately after the commission of any oF e, or by warrant issued out of the said Court, or by the said Rccoi^ der, or by any Justice of the Peace for the said Dis- trict of Monti'e«,l ; and it shall and may be lawful for the Police or Constabulary Force of tho City of Montreal, or for any other Pea^.'^ Otticer or Consiablc, to bring beKxv the said Recoi\ior^ iXnitt, or befbix) the said Recoixlcr, or, i« case of his aWrnv as aforesaid, before the Mayor, or siacK of t' o A\'vOruvou or Councillors of the said city as may be apjH)in^\l to act in his stead, in the City Hall vvf the said city, any ^xn-son offending as afoiwWd against the provisions of the saiil Ordinance, agaiivr* any Act or Acts concerning a^ssessments or markets, or against any By-law, Rule, Regu- lation or order now in force, or that may hereafter be so, in ttt«f said city, and any vagrant, loose, idle or disorderly per- I m CITY CHARTER AND OTIIKR ACTS. How cortHli) tines, &c., arc to Ixi recovered and aiiplicd. son, and every person arrested as such, to be then and there dealt with according to law, as the said Recorder's Court, the said Recorder individually, or the Mayor, Alderman or Councillor aforesaid, may. adjudge and determine. 83. And bo it enacted, That all fines and penalties imposed by any By-law, Rule, Order or Regulation, which may be in force at the time of the passing of this Act, whether matlc by the Justices of the Peace for the .said ])istri(!t, ))efore the passing of the said Ordiiiance to iucniporato the City and Town of Montreal, or by the said Council, since the pasfling of that Ordinance, or herefifter to be made by the said Council, and all fines and penalties linposnfl by this Act or t\}\y Ants concerning any market or Uiurkots in l|io said city, or by any Ai't oonconilliji any assossnieiit, tax or duty to lie raisful in the said city, or by the said Olilliiancc, iiitili||iii|, <|/( Onii- nancefor estahlishinf/ an efficient syntem of Police in the i HtluB of Quebec and Montreal, which sliidi or may lio pi'osocutod for, or recovered in the said Recorder's Court ; and generally, all fines and penalties, sued for, recovered, imposed or levied in the said Court, shall bo recovered in the name of " the Mayor, Aldermen and Citizens of the City of Montreal," and for the use of that Corporation, and shall belong to and form part of the treneral Funds of the said city, and hi no other name or for no other use. And jt shall be lawful for the said Council to remit any such fine or jiunalty, or to ac- cept payment of any such fine or penalty from any party willing to pay the same without ja-osccution, and all fines or penalties that may be so paid without ^.)vosocution shall form part of the General Funds of the said city. 84. Apd be it enacted, That all and every the tle- jiiaVor's'court, cords, Registers, Documents and Proceedings of the Mayor's red over to the Court of the Said City of Montreal, shall forthwith after this llooorder 8 ^ ' . , . Court. Act shall come fully mto efiect, be transmitted mto, and make part of the Records, Registers, Documents and Proceedings of the said Recorder's Court hereby established, and the said Mayor's Court shall, after the time aforesaid, cease to be held in the said city, and that no Judgment, Order, Rule or Act of the said Mayor's Court legally pronounced, given, heard or Kecords, real ter.**, &c., of CITY CUARTER AND OTHER ACTS. <17 done, before thus ActsluiU come fully into effect, shall be here- by avoided, but shall remain in full force and virtue, as if this Act had not been passed ; nor shall any suit, cause or proceed- ing commenced or depending in the said Mayor's Court, be abated, discontinued or annulled by reason of the change made in the constitution of the said Court by this Act, but the same shall in their then pi'esent condition be respectively transfer- red to, and subsist and depend in, the said Recorder's Court jioreby established, to all intents and purposes, as if they had respectively been commenced, brought or recorded in the said last mentioned Court, which shall have full power and authority to proceed accordingly in and upon all such suits, causes or proceedings, to judgment or execution, and to make such Rules and Orders respecting the same as the said Recorder's Coiltt Is liereljy empowered to make in suits, causes or pro- ceedings, commenced in, and depending befoi'e, the said last nmiiUnml Court. 85. And ho It enacted. That it shall be lawful for the I'oiico Korco os- said Council to establish and regulate a Police Force for the said city, and for that purpose from time to time as occasion may require, to appoint either from the Police Force, now under the control of the said Council, or from any other persons, a sufficient number of fit men, who shall be sworn before the Mayor or Recorder of the said city, or before some Justice of the Peace for the District of Montreal, to act as Constables for preserving the peace, by day arid by night, and preventing robberies and other felonies, and apprehend- ing offenders against the peace ; and the men so sworn shall not only within the City of Montreal, but also within the whole of the District of Montreal, have all such powers and privileges (and be liable to all such duties and responsibili- ties) as any Constable or Peace Officer now has, or here- after may have, within the place to which his appointment extends, by virtue of the laws now in force, or hereafter to bo in force, in Lower Canada ; and it shall also be lawful for the said Council to appoint such Officers to superintend and assist in the management of the said Constabulary Force as to the said Council may seem needful, and to give to such 88 CITY CIIAIITER AND OTHER ACTS. Orticers, so appointed, such names, and to assign to tliem such duties as to the said Council may seem proper ; and tiio said Officers and Men so to be appointed, sliall obey all such lawful commands as they may receive from the said Council ; and any Officer or Officers, so to be appointed, shall, during his appointment, have not only all the j)ower8 and privileges of a Constable appointed under this Act, but also all such powers as may bo necessary for the legal fulfil- ment of any duty or duties lawfully assigned to hiui by the said Council ; and the said Council, or any Member or Mem- bers of the said Council, authorized to that effect by the said Council, may, at any time, suspend or dismiss any Officer or Constable appointed under this Act, whom they shall think negligent in the discharge of his duty, or otherwise unfit for the same, and appoint others in their place ; and the Officers of the said Constabulary Force shall have such power in relation to the government, control, dismissing or suspending of the Constables, so to be appointed, as the said Council may think proper, by a By-law in that behalf, to give to the said Officers respectively. 86. And be it enacted, That it shall be lawful for any Constable, during the time of his being on duty, to ap- prehend all idle and disorderly persons whom he shall find disturbing the public peace, or whom he shall have just cause to suspect of any evil designs, and all persons whom he shall find lying in any field, and highway, yard or other place, or loitering therein and not giving a satisfactory account of themselves, and to deliver any person so apprehended, into the custody of tlnj Officer or Constable appointed under this Act, who shall be in attendance at the nearest Police Station or Watch-house, in order that such person may be secured until he can be brought before the Recorder's Court of the said city, the Recorder of the said city, or in his absence before the Mayor of the said city, ^r such Alderman or Councillor as may be appointed to act in his place, to be dealt with ac >rding to law, or may give Bail to such Con- stable or Offit r for his appeai'ance before the said Recorder's Authority to ii|)|irclicn(l idlo mill disorderly liors-ous. Court, the said Recorder, or the said Mayor, Alderman or CITY CHARTER AND OTHER ACTS. 69 Councillor, if 8uch < >Hicer or ConstnMo shall think fit to take Bail in the manner . oinafter mentioned. 87. And bo it enacted, That in addition to the powers iMirtimr |)o\vpi^ and authority conferred "l)y the precedini^ section of this iice%oice. Act, on the said Constabulary Force, it shall and may bo lawful for any Officer or Constable of the said Force, by day as well as by night, to arrest on view any person offending against any of the By-laws, Rides and Regulations of the said City of Montreal, or of the Counci' thereof, the violation of which is punishable with imprisonment ; and it may and shall be lawful also for any such Officer or Constable to arrest any sticli offender against any such By-law, Rule or Regulation, immediately or very soon after the commission of the offence, upon good and satisfactory information given as to the nature of the offence, and the parties by whom committed ; and all persons so summarily arrested shall be forthwith conveyed to the City Hall for trial, before the said Recorder's Court, if then sitting, or if the said Recorder's Court can be soon thereafter assembled, or if not, that Bail or Recognizance may be taken by tho said Recorder, by tht^ said Mayor, or any Alderman or Councillor of the said city appointed to act in his stead, that the said parties shall appear at the next sitting of the said Recorder's Court, to answer the charge or plaint preferred against them, and for which they may have been so arrested as aforesaid ; and every Recognizance so taken shall be of equal obligation on the parties entering into the same, and liable to the same proceedings for the estreat- ing thereof before the said Recorder's Court as Recognizances taken before a Justice of the Peace, and estreated before the General or Quarter Sessions of the Peace for the said District of Montreal : Provided that nothing herein contained shall prevent the persons so summarily !irrc.-;t< d as aforesaid, from being at once examined and trie'l, wlun taken to the • City Hall as aforesaid before the said Recorder, or in his absence before the said Mayor, or any Alderman or Coun- cillor appointed to act in his stead, if the offence for which the said parties have been so arrested as aforesaid may legally be tried by the said Recorder, or in his absence before the 70 CITY CIIAUTER AND OTHER ACTS. Ilnll to lie tnkon In ct'rtalii cnticH. OfflctT or Con- snifl Mayor, Aldonnan or (Joimoillor .w iiforesaid. hoin^ a Justice of tlio Poaco in tho said Oi; v • f ■vtoiitroal, under the provisions of tlie said last mentioncii Ordinance or any other Ordinance or Act now in force in tlie said Province. HH. And be it enacted, That when any person charged with any petty misdemeanor, shall he brought, without the Warrant of a Justice of the Peace, into tho custody of any Officer or Constable appointed under this Act, dur- ing his attendance in the night time at any Watch-house, within the said city as aforesaid, it shall be lawful for such Officer or Constable, if ho shall think fit, to take Bail by Recognizance, with'Mit any fee or reward from such person, conditioned that such person shall appear for examination within two days before the said Kccorder's Court, the said Recorder, or the said Mayor, Alderman or Coun- cillor, within the said City of Montreal, at some time and place to be specified in tho Recognizance, and every Recognizance so taken shall be of equal obligation on the parties entering into tho same, and liable to the same proceedings for the estreating thereof before the said Recorder's Court, as Recognizances taken before a Justice of the Peace, and estreated before the General or Quarter Sessions of the Peace for the said District of Montreal ; and if the party not appearing shall apply by any person on his behalf, to postpone the hearing of the charge against him, and the said Recorder's Court, the said Recorder, or the said Mayor, Alderman or Councillor shall think fit to consent thereto, the said Recorder's Court, the said Recorder, or the said Mayor, Alderman or Councillor shall be at liberty to enlarge the Recognizance to such further time as he shall appoint ; and when the matter shall be hoard and determined, cither by the dismissal of the complaint, or by binding tho party over to answer the matter thereof at the Session, or otherwise, the Recognizance for the appearance of the party before the said Recorder's Court, the said Recorder, or the said Mayor, Alderman or Councillor, shall be discharged without fee or reward. 89. And be it enacted. That if any Officer or Con- CITY CUAUTEH AND OTHER ACTH. 71 Con- stable, to ho appoiiiteil as aforesaid, sliall ho i;^\\\\iy of any iieji^lect of duty, or of any disohedienco of any lawful Order, every such offender, hoing convicted thereof, before the llecorder's Court to be C8tal)liHhed under this Act, shall, for every such offence, bo liable to be iini)rlsone- lii'gli'V III' lUily. IVwon nii'('|K'Ul- (>(l, uiul uci'tuiit IttWH rt(l. I'owprs (if the Trinity Uoiih)', (if tho lliii'lioitr CoiiiiiiitiMluiii'rH, or tlio I.ucliiiK* Cniial ComniiH- NliiiiorN, not to li(« ittlK'tcd by tliU Act. 72 CITY CHARTER AND OTHER ACTS. hereafter to be in force, relating to the improvement and enlargement of the Harbour of Montreal, or any of tliera, or in the CommisR oners appointed or to be appointed for making, superintending, repairing and improving the Lachine Canal, nor to the wharves and slips erected or to be erected by the said first mentioned Commissioners, nor to the wharves and grounds under the direction of the said last mentioned Com- missioners : Provided always, that the said Corporation of the City of Montreal shall have power, so often as the same be requisite, to open any drain leading from the said city to the River St. Lawrence ; to employ the Constabulary Force of the said city in the maintenance of peace and good order on the said Wharves, and to appoint and designate stands or places of rendezvous for Carts and Carriages thereon. 93. Provided always, and be it enacted. That nothing in this Act contained, shall be coilsti'ued to abridge or inter- fere with the duties, powers, authorities or jurisdiction of any Inspector or Superintendent of the Police, or of any Member or Members of the Police Force of the said City, appointed or to be appointed by the Governor of this Province, under and in virtue of the provisions of the said Ordinance of the Legislature of Lower Canada, passed in the second year of Her Majesty's Reign, and intituled, An Ordinance for establishing an efficient system of Police in the Cities of Quebec and Montreal, but the same shall continue to be executed and exercised as if this Act had not been passed. 94. And be it enacted, That nothing in this Act con- tained, shall in any manner derogate from or affect, or be construed to derogate from or affect the rights of Her jNIajesty, Her Heirs and Successors, excep 'j in so far only as the same may be expressly derogated from or aflbcted by the provisions of this Act. 95. And be it enacted. That the words " Governor of this Province," wherever they occur in this Act, shall be understood as meaning the Governor, or any person authorized to execute the commission of Governor within thiij Province for the time being; and the word" Councillor" and the word How this Act is to bo undor- stood with ro- giird to powers conlerrcd on Police Inspec- tor, Ac, by pre- vious enact- ments. IJeservation of Her Majesty's I'iglits. (Vrtnln words interpreted. Councillors," wherever they occur in this Act, shall be CITY CHAUTER AND OTHER ACTS. 7:5 understood as meaning any Member or Members of the said Council of the City of Montreal, unless by the context it shall appear clearly that the words "Councillor" or " Councillors" respectively, are intended to apply exclusively to a Member or Members of the said Council, who is not or are not the Mayor or Alderman or Aldermen of the ' said city ; and the words, " the said Corporation," or "the said Corpo- ration of the City of Montreal ," wherever they occur in this Act, shall be understood as meaning the said Corporation of " the Mayor, Alderaien and Citizens of the City of Mon- ti'eal," unless the context necessarily requires a different meaning to be given to tho^o Avords ; and that the words " Lower Canada," wherever hey occur in this Act, are to be understood as meaning and comprehending that part of the Province of Canada which formerly constituted the Province of Lower Canada ; and any word or words implying the sin- gular number, or the masculine gender only,, shall be under- stood to include several matters of the same kind, as well as one matter, and several persons as well as one person, and bodies corporate as well as individuals, unless it be otherwise specially provi^lod, or there be something in the subject or context repugnant Lo such construction. 96. And be it enacted, That this Act shall be held and Puwic Act. taken to I i Public Act, and as such shall be judicially taken notice of by all Judges, Justices, and other persons whom- soever, without being specially pleaded . 74 CITY CHARTER AND OTHER ACTS. rrcanible. 14 and 15 V.,c 128. 7 v., c. 44. (16 Victoria, Cap. 26.) An Act to authorize the City of Montreal to raise a Loan to consolidate their debt. (Sanctioned 10th November, 1852.) WHEREAS by the Act passed in the Session held in the fourteenth and fifteenth years of Her Majesty's . Reign, and intituled. An Act to amend and consolidate the provisions of the Ordinance to incorporate the City and Town of Montreal, and of a certain Ordinance and certain Acts amending the same, and to vest certain other ^^owers in the Corporation of the said City of Montreal, it is among other things in effect enacted, That it shall be lawful for the Council of the said City of Montreal to boiTOw, on the credit of the said city, such sum or sums of money as the said Council may think proper so to borrow, provided the total amount borrowed and remaining unpaid, exclusive and independent of the amounts due or to become due on account of the pur- chase or improvement of the Montreal Water Works, shall not exceed at any one time the sum of one hundred and fifty thousand pounds currency, which debt so authorized to be contracted for general purposes, is hereinafter called the General Debt of the said city ; and whereas by the said Act it is also in effect enacted, That, for the purpose of extending and improving the said Water Works, it shall be lawful for the Council of the said city to borrow a sum not exceeding fifty thousand pounds, currency, exclusive of the said sum of one hundred and fifty thousand pounds, and in addition to the debt contracted for the purchase of the said Water Works, under the authority of the Act passed in the seventh year of Her Majesty's Reign, and intituled. An Act to authorize the Mayor, Aldermen and Citizens of Montreal, to purchase, acquire and hold the property now known as the Montreal Water Works, which said debts so authorized to be CITY CHARTER AND OTHER ACTS. 75 contracted for the purpose of purchasing or improving the said Water Works, are hereinafter called " The Water Works DehV of the said city; and whereas the said ""General Debt" and the said " Water Works Debt " are both secured upon the }^;eneral funds of the said Corporation, and the said "Water Works Debt" is also secured by special privilege on the said Water Works ; And whereas it is expedient to make provision for consolidating the said debts, and placing the financial affairs of the said city on a better footing, by providing means for paying off the said debts either by means of terminable annuities or of a Sinking Fund ; and with this view to enable the said Corporation to borroAv money for the purpose of paying off such portions of the existing debts as it may be found conducive to the attain- ment of the object aforesaid, to pay off: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with tUt) advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled. An Act to re-unite the Provinces of Upper and Lower Canada, and for the G-overn- ment of Canada, and it is hereby enacted by the authority of the same. That in addition to any portion of the sums corporation which the said Corporation is now authorized to borrow, and bonow' nioii<'>; which may remain unborrowed at tl;; time of the passing of present debt, this Act, it shall also be lawfvd for one said Corporation to borrow from time to time under the provisions of this Act, such further sums as may be necessary to pay off any part of their debt, (whether forming =..\ "t of the said General Debt or of the said Water Works Debt, or of the debt to be con- tracted under this Act, hereinafter called the Consolidated Debf), which shall be overdue or which they shall deem it advantageous to the city to pay off; Provided, that the total proviso: Tomi amount of the debt or debts of the said city shall never limited, exceed the tc oal amount of the General Debt and the Water Works Debt now authorized, except for such short intervals of time as must necessarily occur between the borrowing of 7H CITY CHARTER AND OTHER ACTS. How ami wliero siicli money inny be bor- rowed. I'ormiiiable aii- miitics may be j;raiiled for inoiiey. any sum for the purpose of paying off any sum due by the Corporation, and the actual paying oft' the same, and then only by such sum as shall be actually in the hands of the Treasurer, or at the call and disposal of the Corporation, Avith the intent and for the sole purpose of its being used for pay- ing off any such sum as aforesaid owing by the Corporation. 2. And be it enacted. That any sum which the said Cor- poration is empowered to borrow under this Act, may be bor- rowed either in this Province or elsewhere, and the principal and interest thereof may be made p. yable, either in this Province or elsewhere, and either in the currency of Canada or in that of the place where the same si.all be payable, and generally all the provisions of the Acts now in force as to Debentures issued by the said Corporation, shall apjjly to those to be issued under this Act, except only in so far as they may be inconsistent with this Act. 3. And be it enacted. That it shall also be lawful for the said Corporation to grant Bonds for Terminable Annuities to parties from whom they shall borrow any sum of money under the authority of this Act, instead of issuing to such parties Debentures of the nature mentioned in any preceding Act or Acts ; and any such Annuity may be made payable either in this Province or in any other Country, and either in the Currency of this Province, or in '.hat of the Country in which the same shall be payable, and the amount of any such Annuity, and the torm during which it shall be payable may be such as shall be agreed upon by the Corporation of the said city, and the other party interested, any laAv to the Form of bonds, Contrary notwithstanding ; and any such Annuity may be made payable to the Eearer of the Bond or of the proper Coupons, anc". either by yearly or half yearly payments,' and generally the provisions of former Acts as to such Deben- tures as aforesaid shall be applicable, so far as the case will admit, to Bonds for Terminable Ani.cities to be issued under this Act ; Provided always, that in calculating the amount of the Debt of the said City, for the purpose of ascertaining whether the amount limited by this Act, has or has not been exceeded, each such Bond shall be reckoned as representing Stc I'roviso. mum CITY CHARTER AND OTHER ACTS. 77 an amount of Debt equal to the sum which the Corporation obtained for it ; And provided also, that the term for which I'loviso. any such Annuity shall be granted shall not exceed twenty years. 4. And be it enacted, That any Debenture or Bond issued sioncv so ijor- by the said Corporation after the passing uf this Act, shall consoiidateii be held to form part of the Consolidated Debt of the said city, whether it be issued to any party actually making a new Loan to the Corporation or to a party taking such Debenture or Bond in exchange for another or others issued before the passing of this Act, and forming part of the said General Debt or of the said Water Works Debt. 5. And be it enacted, That it shall be lawful for the said OntPtaiuiiiiK de- Corporation to call in all Debentures or Bonds issued before (i"f may bo the passing of this Act, the principal sum secured by which may be ever due ; and such calling in shall be by advertise- ment inserted three times at intervals of two weeks in the Canada Gazette in both languages ; and three times at inter- vals of two weeks in some Newspaper published in the said city in the English language, and in some Newspaper there publislied in the French language, and after the day named in such advertisement, (which shall not be before the time at which the last insertion thereof may be made as aforesaid,) no interest shall be payable by the said Corporation on any Debenture or Bond so lawfully called in and not presented for payment on or before the day named as aforesaid. called ill. 6. And be it enacted, That it shall be the duty of the Dntyof jiea- Troasurer of the City of Montreal, before the Quarterly a siiikiiig fund Meeting of the Council of the said city, in the month of Sei;- pocuici by 1 • 1 1-11111 anmiitieK. tember, in +he year one tiion^and eight hundred and fifty- three, and in each year thereafter, to take from and out of the annual revenues and funds of the Corporation of the said City of Montreal, (from whatsoever source arising) , and before the payment of any appropriation whatsoever of the said revenues or funds, a sum of money e(i[ual to two per cent, on the then outstanding Consolidated Debt of the city secured otherwise than by Bonds for ^J'erniinable Annuities, which said sum of money the said City Treasurer shall keep apart from 78 CITY CHARTER AND OTHER ACTS. K V h ! ! I all other moneys, to be invested and applied under the orders of the City Council, solely and exclusively as a Sinking Fund, towards the extinction of that portion of the said Consolidated Debt secured otherwise than by Bonds for Terminable Annu- Aiui to provide ities : it shall also be the duty of the said Treasurer at the for payment of . i « i <• i nuiiuities. same time to take irom and out ot the annual revenues and funds of the said city, from whatever source arising, and before the payment of any appropriation whatsoever of the said revenues or funds, such sum of money as will be sufficient to pay all the sums then due or to become due during the then next six months for Terminable Annuities granted under this Act ; and it shall be the duty of the Mayor, or person acting as such for the time being, and of the Aldermen and Councillors of the said city, to ?('e that the provisions of this section be strictly carried out in each year, by the pei-son whose duty it is to carry out the same, niid within the time prescribed therein, and that the sum set apart as a Sinking Fund be invested without delay in the Public Provincial Se- curities, or in the Stock of such of the Chartered Banks of this Province as shall aflFord the most ample security and be the most advantageous to all the parties concerned, and that any sum so set apart for the payment of Terminable Annui- ties be invested in the most advantageous manner consistent with its beina; at the command of the Treasurer when reauired Treasurer to lay to pay such Annuities : And it shall be the duty of the City iiaviiig com- Treasurer to place before the Council, at its First Meeting plied witli.tliis . i/.o( i • i 'n l • ^ section before m the month 01 September in each year, a certmcate signed by himself and countersigned by the Mayor of the said city, to the effect that he has faithfully fulfilled the obligations imposed upon him by the pr^ sent section of this Act, and in default of his so doing the said City Treasurer shall, ipso facto, become and be liable to pay to the said Corporation a fine of Five Hundred Pounds currency, which said fine the said Council shall exacc from the said Treasurer within the shortest possible delay, and the same shall form part of the Sinking Fund aforesaid, or shall be applied to pay off the said Annuities, if not required tor the said Sinking Fund ; and for the purpose of furnishing additional and more ample seen- CITY CHARTER AND OTHER ACTS. 75) rity to the lenders of the said money, it shall be the duty of the Auditors of the said city annually to lay before the said Council a statement under oath showuig whether the said Treasurer has or has not fulfilled all the obligations imposed upon him in and by the said section. 7. And be it enacted, That all the Revenues arising from sinkinp; rund or out of the supplying of water to the said city, or from the Works* i>cbt. property movable or immovable connected with or belonging to the Water Works for supplying the same, shall, after pro- viding for the payment of the current expenses of the Water Works Department, and the interest accruing on the Deben- tures or Bonds issued by the said Corporation before the pas- sing of this Act, for moneys borrowed under the authority of the Act hereby amended or of any preceding Act, for the purchase or improvement of the said Water Works (and so forming part of the Water Works Debt of the said city), bo formed into a fund separate and apart from all other funds of the said Corporation, and shall be applied by the said Corpo- ration towards the extinction of the said Water Works Debt, and after the extinction of the said De])t the said Revenues shall make part of the General Funds of the Corporation, and may be applied accordingly. 8. And be it enacted. That if hereafter at any time it shall Duty of Tnu- happen that the moneys in the hands of the Treasurer of the tilli'c iu' si'uii""^ said city, and applicable to the payment of the interest or of in iiis immis to the principal oi the said uonsoliaated Debt oi tlie said city, aniiuitic ^\w. or any Terminable Annuity forming part of the said Consoli- dated Debt, shall be insufficient to pay any such interest or principal or Annuity then due, it shall be the duty of the said Treasurer to calculate what Rate in the pound upon the assessed annual value of the property liable to assessment in the said city, will, in his opinion, (after making fair allow- ances for expenses, losses and deficiencies in the collection of such Rate) be required to produce a sum sufficient, with the moneys in his hands applicable to the purpose, to pay the sum due for such principal, interest and Annuity, and to certify euch Rate under his hand to the Clerk of the said city, for the information of the Council, in the following form, or to the like eflfect : m CITY CHARTER AND OTHER ACTS. " Sir, — I lierchy certify, for the information of tho Coimcil of the City of Montreal, that a Rate of in the pound, on tlie assessed y<'arly vrtltie of the property lialtk' to assessniciit in the t^aid city is in my opinion (after iaakin>i^ a fair allowance for losses and doficienci(;s in the collection of such Kate rerpiired to produce a net amount e(}ual to that now due for interest, (principal, if any be du/t) and Annuities forming part of the Consolidated Debt of this city," And such certificate shall have the like effect a** a By-law of tiie Council of the said city lawfully imposing the Rate therein mentioned, and shall be obeyed and acted upon by all Officers of the Corporation and by all others, and the Rate therein mentioned shall be forthwith levied and paid accord- ingly, and in addition to any other Rates lawfully imposed by any By-law of the City Council, notwithstanding any provi- sion in the Act hereby amended or in any other Act, limiting the amount of Ratep to be imposed in any one year, or as to the time of the year A which Rates may be imposed, levied or collected ; and the pi'oceeds of such Rate shall be applied first to the payment of the principal, interest and Anniiities, as the case may be, for the payment whereof the Rate was imposed, and if there be any surplus of the said proceeds, such surplus shall make part of the Sinking Fund for the extinction of the said Consolidated Debt, or if there be no part of the said Debt for which a Sinking Fund is required under this Act, then such surplus shall be applied to the general purposes of the Corporation. Duty of shoriff 0. And bc it cnactcd, That if hereafter at any time, any \yrit of execu- Sheriff sliall receive a Writ of Execution, commanding him to porationformo- levv any sum ( money due by the said Corporation for the iieys formiiiR i • t^ ^ /-< • t» i imrt of tho Con- principal or mterest of any Debenture or Corporation Bond solitlatod Debt. >■ ^ -J « i • i • forming part of the said Consolidated Debt of the said city or for arrears of any Annuity forming part of the said Consoli- dated Debt, the Plaintiff may require, and the Court may order that such execution oe levied by Rate ; and if such order be made, the Sheriff shall cause a copy of such Writ to be served upon the Treasurer of the said city : and if the money therein mentioned, with all the lawful interest and CITY CHARTER AND OTHER ACTS. 81 costs which the Sheriff is commanded to levy, bo not paid within one month from the time of such service, the Sheriflf shall himself calculate, as nearly as may be, what Rate in the pound upon the assessed annual value of the property liable to assessment in the said city, will, in his opinion, after making fair allowances for expenses, losses and deficiencies in the collection of such Rate, be required to produce a net amount equal to the sum, interest and costs he is commanded to levy, and ten per centum thereon in addition, and shall certify such Rate under his hand to the Clerk of the said city for the information of the Council thereof, in the manner and form mutatis mutandis, prescribed for the certificate of the Treasurer in the eighth section of this Act, and shall attach thereto his precept commanding the said Corporation and all officers whom it may concern, forthwith to cause the said Katf to he levied, and the proceeds thereof paid over to him; and such certificate shall have the like effect as the certificate of the Treasurer, in the eighth section mentioned, and such prece{>t shall be deemed an order of the Court out of which the Writ issued, and shall be obeyed by the said Corporation, and by all Officers thereof, and others whom it may concern, on pain of their personal responsibility to the said Court ; anU the Rate mentioned in the said certificate shall be forthwith levied and paid accordingly, and in addition to any Rates lawfully imposed by any By-laws of the City Council, or by any certificate of the City Treasurer, notwithstanding any provision in the Act hereby amended or in any other Act, limiting the amount of Rates to be imposed in any one year, or the time of the year at which Rates are to be levied and collected ; and it shall be the duty of the Treasurer and Clerk, and of all Assessors, Collectors and other Officers of the said Corporation, to produce to the Sheriff, on his demand, all assessment books, papers and documents requi- site for enabling him to fix the Rate mentioned in this section, and to give him any information or assistance which he may re(iuire for the purposes thereof ; and all such Officers of the Corporation shall, for ai^ the purposes of this section, be deemed Officers of the Court out of which the Writ issued, L 82 CITY ClIAUTEll AND OTHER ACTS. utul amenable to and piml.Hliable '>y such Court acccraiii^Iy, in case of any failure to perform any of the dutiof: iiereby asHi^ncd to them respectively ; and the proceeds of the said Kate shall, by the Treasurer, bo po'^ over to the naid Sherift", and by him applied to the satistVt^tt.'i/ of the debt, interest and costs be was commanded to levy, and if there be any surplus after satisfying the same, the said surplus shall be paid back to the Treasurer and form part of the Sinking Fund for the extinction of the said Consolidated Debt, or if there bo no part of the said Debt for Avhich a Sinking Fund is required under this Act, then such surplus shall be applic 1 to the general purposes of the said Corporation. I'loviso. 10. Provided always, and be it declared and enacted, That nothing herein contained shall be construed to impair or affect |mi Socuritica for pn'ventiiiBdfbt . , . ., lu.t to bo ini- any special privilege or hyi)<:)theque, granted by the Act hereby amended or by any other Acts, to the holder of any Debenture or Corporation Bond issued before the passing of this Act, forming part either (d" the said " General Debt," or of the said " Water Works Debt" of the said Corporation, or any remedy which, without this Act, any such holder would have to recover the principal or interest of such Debenture or Corporation Bond, or in any way to relieve the said Cor- poration from the obligation to make provision by all lawful means for the payment of the same ; and that no further provision which the Legislature of this Province may deem it expedient to make for enforcing the provisions of this Act, or the due payment of the principal and interest of any Deben- ture or Corporation Bond, whether issued before or after the passing of this Act, or of any annuity secured by any Corpo- ration Bond, shall be deemed an infringement of the privi- leges of thtj (Said Corporation, or of any citizen or member thereof. CITY CIIAUTKll AM) OTIIKH ACT?. H8 (16 Victoria, Cap. 27.) An Act to amend the Law relating to tlie Uecoi'der's Court of the City ol" Montreal. (Sanctioned lOth November, 1852.) WHEREAS it is desi- liamcnt of this 1 far as relates to tlio R* '^^ trc'iil: Be it therefore enaeicn • amend the Act of the Par- rrfunibK.. inafter mentioned in so ' iirt of the City of Mon- t)\ che Queen's Most Excel- lent Majesty, by and with the advice and consent of the liC^islative Council and of the Legislative Assembly of the ProvLnce of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provirccs of Upper and Lower Canada, and for the Crovernmcnt of Canada, and it is hereby enacted by the authority of the same. That so much incoiiKistcnuu- of the Act of the Parliament of this Province, passed in the andioV.,c. 12s, Session thereof held in the fourteenth and fifteenth years of Iler Majesty's Reign, intituled. An Act to amend and conso- lidate the provisions of the Ordinance to incorporate the City and Toivn of Montreal, and of a cirtain Ordinance and certain Acts amending the same, and to vent certain other pmvers in the Corporation of the said City of Montreal, as is inconsistent with the provisions of this Act, be and the same is hereby repealed. 2. And be it enacted, That it shall be competent for the court may Ih. Recorder for the said City of Montreal to hold the Recorder's wftj.out 'in?"^ Court of the City of Montreal with or without the assistance or in the presence or absence of any one or more of the Aldermen or Councillors of the said city. 3. And be it enacted. That it shall not be necessary that rrocess need be any Precept, Writ or Process to be issued out of the said tife"cit3°"ierk!"^ Recorder's Court be signed by the Recorder of the said City ^ .^^i;^, IMAGE EVALUATION TEST TARGET (MT-3) k A {./ ^ >. .«* {-^^ 1.0 1.1 Ul 12.5 K •»». 1^ 140 I 2.0 IL25 11.4 1.6 6" Hiotographic Sdaices Corporation ^^ "^"V "^cs^ 23 WEST MAIN STREET WEBSTER, N.Y. I4S80 (716) 872-4503 > ^'^<^ '\%^ v'.^/^ 84 CITY CHARTER AND OTHER ACTS. of Montreal, or in the event of his absence or non-appoint- ment, by the Mayor, Alderman or Councillor of the said city presiding in the said Court, and countersigned by the City Clerk of the said city, but it shall be sufficient that any such Precept, Writ or Process be signed by the City Clerk of the said city or his Deputy, as hereinafter mentioned, city Clerk may 4. And be it enacted. That it shall be lawful for the City tv m Clerk of Clerk of the said City of Montreal, from time to time, by an Recorder's / ' "^ Court. instrument under his hand and seal to be acknowledged by him before and duly deposited and filed in the office of the said Recorder's Court, and entered and recorded in the Register thereof, to appoint one fit and proper person to be and act as his Deputy in the discharge of all and every his duties as Clerk of the said Recorder's Court, and to remove any person so appointed and appoint another in his stead ; and each and every person so appointed shall at all times, while his said appointment shall remain in force and unre- voked, be to all intents and purposes a Clerk of the said Recorder's Court. Kccorder'B ^' And be it enacted. That it shall be lawful for the said MserofMsouf^ Recorder's Court to hear, try and determine any case of witiiin*the*cJ^. common assault or assault and battery arising within the said city upon complaint of the party aggrieved praying the said Court to proceed therein under this Act, in the same manner and to the same effect, and subject to the same provisions as any Justice of the Peace may by law now summarily hear, try and determine any complaint of any such offence, and also to hear, try and determine any complaint under the above cited Act against any person for assaulting or resisting any officer or constable appointed under the said Act in the execution of his duty, or for aiding or inciting any person so to assault or resist. CITY CHARTER AND OTHER ACTS. 86 (16 Victoria, Cap. 128.) An Act to amend the provisions of the several Acts for the Incorporation of the City of Montreal. (Sanctioned 23rd JUay, 1853.) WHEREAS the Corporation of the City of Montreal have by their petition prayed that clivers alterations should be made in the provisions of the Act incorporating the said city, and it is expedient to grant the prayer of the said petition : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Groernment of Canada, and it is hereby enacted by the authority of the same, That from and after the passing of this Act, the delay for the pro- duction and deposit by persons qualified to vote for the election of Mayor and Councillors for the said city, of their certificates of qualification to vote, shall be between the hours of Ten in the forenoon and Four in the afternoon of the last six judicial days in the month of February of each year. 2. And be it enacted. That it shall be the duty of the Council of the said city, and they are hereby empowered, at each and every Quarterly Meeting of the said City Council, to elect from among themselves a Member to act as Mayor, in the event of the absence or sickness of the Mayor of the said city, or of any vacancy in the ofiice of Mayor of the said city ; and such Member so elected shall, during such m CITY CHARTER AND OTHER ACTS. absence or sickness, or vacancy, have and exercise, until the ensuing Quarterly Meeting, all the power, authority and rights, vested by law in the Mayor of the said city. 3. And whereas in and by the seventy-seventh section of the Act passed in the Session held in the fourteenth and fifteenth years of Her Majesty's Reign, intituled. An Act to amend and consolidate the provisions of the Ordinance to incorporate the Citij of Montreal, and of a certain Ordinance and certain Acts amending the same, and to vest certain other powers in the Corporation of the said City of Montreal, it is provided that a privilege shall be granted to secure five years' assessment, and doubts exist as to the nature and extent of the said privilege as regards third persons having mortgages or other privileged claims upon the real property affected thereby; Be it declared and enacted, and it is hereby declared and enacted by the authority aforesaid. That the privilege of the said Corporation was not intended to have and shall have no priority or preference over all or any mortgage or privileged claims of third parties upon the real property of any person liable for such debts, save and except of the assessment actually due and owing upon or by such real property, but the proceeds of the said real estate sold and realized by justice shall, after payment of such as- sessment actually due thereon, be distributed among such mort' e or privileged claimants according to their respective •lega its, and the balance, if any, to the said Corporation on account of or for the said debt, and no assessments for which the said Corporation shall have been collocated by any judgment of distribution of the proceeds of any real property, to the prejudice of any mortgage or privileged claimant thereon, other than for the assessments upon such real pro- perty shall be held to be paid by the person or persons owing such assessments, but the mortgage or privileged claimant so prejudiced shall be to all intents and purposes subrogated in the rights of the said Corporation, as to such assessments, and shall have the power to proceed in his or her own name for the recovery of such assessments either by action or op- position to the same extent, and in the same manner that the •v ■' ( CITY CHARTER AND OTHER ACTS. m said Corporation could have done if such collocation had not taken place. 4. And be it enacted^ That when the said Corporation deposit any price or compensation in the hands of the Pro- thonotary of the Supferior Court under and in virtue of the provisions of the sixty-ninth section of the Act last above cited, or any other Act or Law in that behalf, the said Court shall prescribe the mode of calling before it all parties in- terested, and make such orders in relation to the same as in its discretion shall seem just. 5. And be it enacted. That the Recorder's Court of the said City of Montreal shall have jurisdiction to hear and de- termine all suits and prosecutions that may be brought for the recovery of any fine or penalty that may hereafter be incurred and be due and payable under any of the provisions of the Act passed in the seventh year of Her Majesty's Reign, intituled. An Act to authorize the Mat/or, Aldermen and Citizens of Montreal to purchase, acquire and hold the property now known as the Montreal Water Works, or of any Act amending the same. 6. And be it enacted. That all and every the provisions of any law in force in respect of the Incorporation of the said city, inconsistent with the provisions of this Act, shall be and are hereby repealed from and after the passing of this Act. - . owmg 88 CITY CHARTER AND OTHER ACTS. I'rcninblo. 18 v., c. 102. Act 18 v., c. 162, roi)oaIed. .Sect. 2 of 14, 15 Victoria, c. 128, amended. (23 Victoria, Cap. 72.) An Act to amend the provisions of the several Acts for the Incorporation of the City of Montreal. (Sanctioned 19th May, 1860.) WHEREAS it is expedient to repeal the Act passed in the eighteenth year of Her Majesty's reign, intituled. An Act to amend the provisions of the several Acts for the Incorporation of the City of Montreal, and also to repeal in part, and to amend the provisions of other pre-existing Acts relating to the Incorporation of the City of Montreal, and to vest certain further powers in the Corporation thereby con- stituted, and to remove certain doubts which have arisen as to the true intent and meaning of certain clauses in the said Acts : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. The said Act passed in the eighteenth year of Her Majesty's reign, intituled. An Act to amend the provisions of the several Acts for the Incorporation of the City of Montreal, shall be and the same is hereby repealed. 2. The second section of the Act made and passed in the Session held in the fourteenth and fifteenth years of Her Majesty's reign, and intituled, An Act to amend and con- solidate the provisions of the ordinance to incorporate the City and Town of Montreal, and of a certain Ordinance and certain Acts amending the same, and to vest certain other powers in the Corporation of the said City of Montreal, shall be, and is hereby amended by striking out the words " fifty- second and fifty-third," in the fifth and sixth lines thereof, and substituting the words " fifty-fourth and fifty-fifth " in their places respectively. /■ CITY CHARTEU AND OTHER ACTS. 80 >> in 8. The eleventh and twenty-fourth sections of the said last cited Act, fourteenth and fifteenth Victoria, chapter one hundred and twenty-eight, shall be, and the same are hereby repealed. 4. The Mayor and the Councillors of the said City of Montreal, at the periods hereinafter appointed, shall bo chosen by the majority of the votes of the following persons, who may not be disqualified by law from voting, and whose names shall remain duly registered, on the revised voters' lists of the said city, as ordered to be made and revised by the Act fourteenth and fifteenth Victoria, chapter one hun- dred and twenty-eight, that is to say : 1. Every male person entered on the then last Assessment Roll, revised, corrected and in force in the said city, as the owner of real property within the Ward for which the elec- tion shall be had, of the assessed value of three hundred dollars or upwards, or of the assessed yearly value of thirty dollars or upwards ; Provided that when such property is owned by several persons par indivis, they may severally vote thereon, if their respective shares in the said property be assessed at not less than three hundred dollars value, or at a yearly value of not less than thirty dollars each ; 2. Every male person, being an inhabitant householder in the city, whose name shall be entered on the said last As- sessment Roll, as the tenant or occupant of a dwelling-house in the Ward for which the election shall be held, of the assessed value of three hundred dollars or upwards, or of the assessed yearly value of thirty dollars or upwards ; Provided that every such person shall be possessed of the said dwelling- house on the first day of January next preceding such elec- tion, that he shall have been a resident householder in the said city from at least the first day of May next before any such election, and that he shall have resided within the par- ticular Ward for which such election shall be had not less than three months next before the first day of January pre- ceding such election ; and part of a dwelling-house in which any such person, being a tenant as aforesaid, shall reside as a householder or occupier, but not as a boarder or lodger, M Soctfi. 11 aiid 24 of 14. 15 v.. V. 128, ropcalcil. By whom tlui CuunolllorM shall becliuMeii. QualiflcatioD a* voter*. Owners. Proviso. Qualification uh voters. Tenants or occupants. 90 CITY CHARTER AND OTHER ACTS. TdiianU of waroliouscs, counting hOUOOH, &o. and having a separate outer door by which a communication with the street may be afforded, shall be considered a dwelling- house within the meaning of this enactment ; Quaiiiication aa 3. Every male person, though neither a proprietor or house- holder, who shall have been resident in the said city, or within the parish of Montreal, from at least the first day of May next preceding any such election, and who, either individually or jointly, aa a co-partner with any other person or persons, shall have been entered on the said last Assessment Roll as the tenant or occupant of any warehouse, counting-house, shop, office or place of business, within any of the said Wards of the city, during three months next preceding any such election ; Provided that the said warehouse, counting-house, shop, office or place of business, when occupied by the said person individually, be assessed as aforesaid at not less than three hundred dollars value, or at a yearly value of not less than thirty dollars, or when occupied by him as a co-partner, that his proportion or share thereof be not assessed at less than the said last amounts respectively ; 4. Provided, however, that no such Proprietor, Tenant or other person aforesaid shall be entitled to vote at any such election in the said city, unless he shall previously to the first day of January next before the holding of any such election, have paid the amount of all rates and assessments, and of every tax, duty or impost, (drain accounts excepted) lawfully imposed by any By-law, Rule, Regulation or Order now in force, or that hereafter may be in force in the said city, that may be due and payable by him, in any capacity or way whatsoever, either as an occupant himself, or as the owner of property either vacant or in the possession of other parties, who may neglect to pay the assessment due on it, up to the first of January next before the holding of any such election. 5. Every voter shall vote in the Ward in which he is thoy 9hau vote, g^gggge^^ unless he be qualified to vote in more than one Ward, then in the Ward in which he shall reside ; and each voter qualified to vote in one Ward only shall vote in such Ward, and each voter qualified to vote in more Wards than one and resident without the limits of the city, shall declare I'rovfso. I'l-ovious pay- niont of taxes, In what Ward /' 3ITY CHARTER AND OTHER ACTS. 91 at least ono month before the election, in which Ward ho wishes to vote, and in default of so doinj;, the Board of Revisors shall determine in what Ward he shall vote at such x election ; and no person shall be permitted to give more than no pomon to , , 11^' voto mur« than one vote at any election. once. 6. And whereas doubts have arisen as to the true intent Doubu ai« tu and meaning of that enactment of the fifteenth section of the !SSt."i6of i4.ir> Act last cited, whereby power is given to the Board of moved. Revisors to correct any mistake, or supply any accidental omission made by the Assessors in the Voters' Lists: it is therefore declared and enacted, that the power so given shall not extend to the adding to, or erasing from, the said lists, or any of them of any voter's name, unless a request be made in writing to that effect, in the manner and within the delay prescribed by the fourteenth section ofthe said Act; Provided, Proviso: Act however, that nothing herein contained shall prevent the said the exerd«o of Board from erasing from any of the said lists the name of o7tho"Soardof any person that may be proved to them to be dead at the time of the revision of the said lists, or of any person whose name may have been erroneously included in any one or more lists other than the Voters' List of the Ward in which, according to the provisions of the preceding section of this Act, he is alone entitled to vote ; neither shall it prevent the said Board from correcting any mistake made in the Christian or first name of any voter whose name is inserted on any of • the said lists, or in the spelling of the surname of any such voter, or from adding to, or removing from the said lists, any second or in' : oiediate name or names that may have been erroneously omit ed from, or added to, the name of any voter thereon, or from correcting any obviously clerical error in the name^ residence, or occupation of any voter in the said lists. 7. And whereas it is necessary to make provisions where- Recital, by a poll or contest may be avoided in certain cases where no division of opinion exists among the electors, in respect of the person intended to be elected Mayor of the said city, or in respect of those intended to be elected Councillors in any or all of the Wards thereof ; and it is also necessary to provide 92 CITY CHARTER AND OTHER ACTS. How, wlioii, niid wlioro tho l>ld. candidates. that the candidates for any of tho said offices shall ho ptihliclj known, and that none other hut those named shall he or may be elected : Be it therefore enacted, that hereafter tho twelfth day of February in each year, or if that be a holiday, then tho next following not being a holiday, shall be, and the same is hereby fixed as the nomination day for all candidates for the offices of Mayor of the said City and of Councillors for thf several Wards thereof; and such Alderman or City Councillor as shall, at the last previous meeting of tho City Council, have been named and appointed for that purpose, shall preside at each of the nominations of candidates for tho offices of Mayor and of Councillors respectively, which shall be held in the open air ; that for the office of Mayor at the Bonsecours Mar- ket, and those for Councillors at such places in the several Wards, to be fixed by the said Council, as that all tho electors Nomination of may havo free access thereto ; and at ten o'clock in the fore- noon of the said day, the Alderman or Councillor appointed to preside at each such nomination shall proceed to the place where the same is to be held as aforesaid, and shall then and there require the electors there present to name the person or persons whom they wish to choose as Mayor, or as Councillor or Councillors, as the case may be, and any two duly qualified electors of the said city may openly and publicly address to the Alderman or Councillor presiding at the nomination for the office of Mayor, a demand or requisition that the person by them named be elected Mayor of the said city, for the next ensuing term of the said office of Mayor ; and in the event of there being only one such demand or requisition made as aforesaid, or that all the demands or requisitions so made shall be for one and the same person, then the Alder- man or Councillor presiding shall proclaim the said person duly elected Mayor of the said city for the next ensuing term of the said office ; and any two qualified electors in any Ward of the said city may, on the day aforesaid, openly and pub- licly address to the Alderman or Councillor presiding at the nomination for the office of Councillors in such Ward, a demand or requisition that the person or persons named by them be elected Councillor or Councillors for- the said Ward in which I'roclamation if there be no contest. CITY cnARTRR AND OTHER ACTS. the snid roqnisitionista arc electors aa aforesaid ; and if there he only one demand or requisition made for tlie election of a Councillor or Councillors in any Ward of the said city, or if all the rciiuisitions made in any such Ward be for the election of the same person or persons as Councillor or Councillors for the said Ward, then the said Alderman or Councillor presiding shall proclaim the said party or parties named in the said reqtiisition or requisitions, (as the case may be,) duly elected Councillor or Councillors for the said Ward for the next ensuing term of the said office or offices ; and each and every such election made as aforesaid without dissent or division therein, shall be forthwith published in at least one English and one French newspaper in the said city, and the said presid- ing Alderman and Councillors respectively shall in due course report the said elections to the Council of the said city ; in in wimt enw n the event of demands or recpiisitions being made by two or more gj-'unlodl' ''*' duly qualified electors as aforesaid for the election of two or more persons as Mayor of the said city, or as Councillor or Councillors in any Ward thereof, a poll shall be granted for each and every such election by the said presiding Alderman and Councillors respectively, and the said election shall be proceeded with in the manner heretofore and now done, in all cases of contested elections for the office of Mayor of the said city, or of Councillor or Councillors in any of the Wards thereof ; Provided, however, that no person may or shall be proviso, voted for at any such election, or may or can be elected thereat,»for whose election a demand or requisition shall not have been made as aforesaid on the twelfth day of February aforesaid. 8. If after the passing of this Act, any extraordinary iTocecdinKs vacancy shall occur in the office of Member of the Council of ^curg^inYh "*''' the said city, the Mayor of the said city, or in the event of luuocoZ^.' his omission or refusal, the Council thereof, shall fix a day and place for the nomination of candidates for the said office, to be made in the form and manner, and between the hours pro- vided in the next preceding section of this Act ; and the said Mayor or Council (as the case may be) shall at the same time fix a period, Avithin which the election for the candidates 94 CITY CHARTER ANU OTIIRR ACTS. Hnlury iil' Id*' cunii'r llxcd. t<) bo named may Bubao(}uontly take placo, if nocossnry ; and in tho ovont of thoro boin^ only ono demand or ro(|iii8ition, made on the said nomination day, or of all the demands or requisitions made thereon, being for the same candidate, then the said party shall bo proclaimed duly elected, in tho form and manner already provided for ; but in tho ovont of their being two or more persons nominated for any such vacancy, a poll shall be granted, and tho election shall bo proceeded with in the manner provided for, in and by the said Act fourteenth and fifteenth Victoria, chaptor one hundred and twenty-eight. 9. For and notwithstanding any thing to the contrary con- tained in tho said Act fourteenth and fifteenth Victoria, chap- ter one hundred and twenty-eight, the salary of tho Recorder of the said city almll not be less than two thousand dollars per annum, payable monthly out of the funds of tho said city, and so much of tho said Act as provides that the Recorder of the saidf city shall bo assisted in holding the Recorder'H Court by one or more of the Aldermen or Councillors of the said city, or that in tho absence of the Recorder from sick- ness or other causes, the Mayor or one of tho Aldermen or Councillors of the said city shall preside in the said Court, Ueeordor may shall bc, and the same is hereby repealed ; and it shall be *llfy, 'liiid how. lawful for tho said Recorder, from time to time, by an instru- ment in writing under his hand and seal, to be deposited, filed and registered in the office of the Clerk of the said Recorder's Court, to nominate md appoint some fit and proper person, being an advocate of not less than five years' standing at the Bar of Lower Canada, to bo and act as his Deputy in the event of his illness or necessary absence from tho said city, and any such nomination and appointment from time to time to revoke and again to make, as circumstances may seem to him to require ; and each and every person so nominated and appointed shall, for and during the period of time limited in the instrument containing his, appointment, or if no period of time be therein limited, then from the date of the regis- tration thereof as aforesaid until the revocation thereof, have, hold, use, occupy, possess and enjoy, and be vested with all OITY CltAllTEn AND OTHER ACTS. M I'rovlio. ami every the jurisdiction, rights, powers, priviloj^es and autliority, and )>o hound to discluirgo all the duties (»t* the Recorder for the said ci(y, to the exclusion, for the time ))einK, of the person so nominating and appointing him as aforesaid : Provided, nevertheless, that the said Recorder's Court shall not at any time he deemed to have been illegally held, nor shall the acts of any Deputy Recorder of the said city bo deemed invalid, by reason of the absence of the Re- corder not being deemed to be necessary within the moaning of this Act. 10. It shall be lawful for the said Council, ut any meeting, or meetings of the said Council, composed of not less than two-thirds of the Members thereof, to make By-laws, which .shall bo binding on all persons, for the following purposes : 1. For the preservation of peace and good order, and the .suppression of vice in the said city ; — for the benefit of the trade, commerce and health thereof; — to restrain and pro- hibit all descriptions of {i,: ning in the said city, and all play- ing of cards, dice, or other games of chance, with or without betting, in any hotel, restaurant, tavern, inn or shop, either licensed or unlicensed, in the said city ; — to prevent and punish any riot or noise, disturbance or disorderly assem- blages ; — to give power and authority to enter into all groce- ries, grog-shops, taverns, hotels, and all other houses or places of public entertainment, whether licensed or unlicen- sed ill the said city ; — to detect and arrest on view such per- sons as may be found gaming, playing at cards, dice, or other games of chance, or cock-fighting or dog-fighting there- in, contrary to any By-laws restraining or prohibiting the same, or making, causing or creating any riot, noise, dis- turbance or disorder therein ; to restrain and punish vagrants, mendicants, street-beggars, common prostitutes and disor- derly persons ; — to license, regulate or prohibit the exhibi- tions of common show-men, and shows of every kind, and the exhibitions of any natural or artificial curiosities, caravans, circuses, menageries and theatrical representations ; — to pro- hibit or to punish cock-fighting, and dog-fighting, and all other cruel sports in the said city ; — and also to prevent and City Coiiiioll inu/ iiinkc Ity. lawit loruuriulii purpooi'H— For |>ri'K( tloii of t|l(> IK'iiri* uihI k4io(| order, the Miip- nroHHionot'KUiii- Iii^ iiiiil vice, Ac, uihI im ro;,'iirds— Itiuti. CiroK-KliopM. Uumiiig. ProBtitutioii. Shows. Cock-fighting, &c. Uucing, SiO. OG CITY CHARTER AND OTHER ACTS. Flying kites, Itcmoving snow, &c. Kncumbering streets. I'cddling fruit, Xuisunces. punish horse-racing and immoderate driving or riding in the streets or highways thereof; — to prohibit and punish the flying of kites and every other game, practice or amusement in the public streets or elsewhere, having a tendency to frighten horses, or to injure or annoy persons passing in or along the highways of the city, or to endanger property ; — to compel all persons to remove the snow, ice and dirt from the roofs of the premises owned or occupied by them, and also from the side-walks in front of such premises, and to puriish them for not so doing ; — to prevent the encumbering of the streets, sidewalks, squares, lanes, alleys or high- ways, with carriages, carts, sleighs, sleds, wheel-barrows, boxes, lumber, timber, fire-wood, or any other substance or material whatsoever ; — to prohibit and punish, or license, or regulate the sale or pedlery of fruits, nuts, cakes, refresh- ments, bread, jewellery, and merchandise of all kinds, in and upon or along the wharves, streets, side-walks, alleys, and public squares of the city ; — to compel the owner or occupant of any grocery, cellar, tallow chandler shop, soap-factory, tannery, stable, barn, sewer, garden, field, yard, passage or lot of ground, or any other unwholesome or nauseous house or place whatsoever, to cleanse, remove or abate the same, from time to time, as often as may be necessary for the health, comfort and convenience of the inhabitants of the said city; — to prohibit any person from bringing, depositing or leaving within the city limits, any dead body or any dead carcass, or other unwholesome or offensive substance, and to require the removal of any such substance, or of any article or thing about or liable to become unwholesome, by the owner or occupant of any premises on which the same may be ; and on his default, to authorize the removal or destruction thereof by some city officer, and to recover the expense thereof from the party or parties refusing or neglecting to remove or de- strov the same ; 2. To prohibit, if deemed necessary, the erection, use, or employment in the said city of all steam-engines, soap and candle, or oil, or oil-cake factories, India-rubber or oil-cloth factories, slaughter-houses, dyeing establishments and other Dead bodies, &c. Steam engines, foiij) factories, CITY CHARTER AND OTHER ACTS. 97 high- and same. factories or establishments wherein work, operations or pro- cesses, is or are carried on, liable or having a tendency to endanger property, or to affect or endanger the public health or safety ; and the said Council shall have power also to per- mit such erection, use or employment, subject to such restric- tions, limitations and conditions, as the said Council may deem necessary ; 8. To restrain and regulate the keeping and running at large of cattle, horses, swine, sheep and goats, and to autho- rize the distraining, impounding, and sale of the same for the penalty incurred, and cost of proceedings, as well as the ex- pense of their keeping ; to regulate and prevent the running at large of dogs in the said city, and to aiithorize the destruc- tion of all dogs running at large contrary to any By-law of the said city ; Cattle, &c.,riiii- uiiig at lar{;c. 4. To authorize the seizure and confiscation of grain, flour, confiscation ot butter, potatoes and all other vegetables, articles and effects, for'sa^e tor^ ' brought to the markets of the said city, for sale or otherAvise, weight, Ac. for or on account of deficiency in measure, weight or quality, or any other good and sufficient cause ; — to regulate bakers in the said city, and persons in their employe — to regulate the sale, weight, and quality of bread to be sold or exposed for sale in the said city, and to provide for the examination and weighing of all bread exposed for sale, and for the seizure, forfeiture and confiscation, and also the disposal after confis- cation, of any and all such bread so exposed for sale contrary to the said By-laws, or that may be light or unwholesome ; and for that purpose to authorize and empower proper officers or persons to enter into bakers' shops or other places, and to stop vehicles carrying bread for the purpose of examining and weighing the same, and to do any other act or thing needful or necessary, or that may be deemed so for the public benefit and security, to carry out such purpose, or to enforce such By-laws ; 5. To authorize the granting of licenses to carters, and owners and drivers of public vehicles for hire, in and for the said city, and likewise for the better government of the ownei*s and drivers thereof, and to establish rules and regu- N Carters' licenses. 98 CITY CHARTER AND OTHER ACTS. lations in reference to carts, cabs, calechej, carriaf^cs, or other public vehicles for hire, in and for the said c-t; •. well as to fix a tariff of rates and charges for the sa» ^ ; and further, it shall be lawful for the said Council to make all such owners responsible for the misconduct or negligence of their servants, drivers, or persons in their employ, or having charge of their horses or vehicles for the time being, and liable to the same fines and penalties as are or may be im- posed by any By-law or By-laws of the said Council upon such servants or drivers, or other persons aforesaid, the actual offenders ; 6. To regulate, clean, repair, amend, alter, widen, con- Cleaulng and ropairine of the streets, &c. Water Works. tract, straighten or discontinue the streets, squares, alleys, highways, bridges, side and cross walks, drains and sewers, and all natural water-courses in the said city ; and to prevent the encumbering of the same in any manner, and to protect the same from encroachments and injury ; and also to deter- mine the course of all natural water-courses passing through private property in the said city, and to regulate all matters concerning the same, whether the said water-courses be covered or not; they shall also have power to direct and regulate the planting, rearing and preserving of ornamental trees, in the streets, squares and highways of the said city ; the said Council shall also have power to cause such of the streets, lanes, alleys, highways and public squares, in the said city or any part or parts thereof, as shall not have been heretofore recorded or sufficiently described, or shall have been opened for public use during ten years, but not recorded, to be ascertained, described and entered of record in a book to be kept for that purpose by the City Surveyor of the said city, and the same, when so entered of record, ihall Le public highways or grounds ; and the record thereof shall, in all cases, be held and taken as evidence for their being such public highways and grounds ; 7. To regulate the management of the Water Works, Aqueduct, Reservoirs, and other works connected therewith, and for the maintenance of order and cleanliness on the said works ; CITY CHARTER AND OTHER ACTS. 90 lainros, or y i well V .^ ; and make all igence of 3r having sing, and ij be im- icil upon ;he actual len, con- 8, alleys, I scAvers, prevent protect to deter- through 1 matters urses be rect and natnental aid city ; ih of the , in the ave been lall have ecordcd, n a book the said oe public II, in all ing such Works, lerewith, the said 8. And whereas great inconvenience and loss has been ex- ToreKuiut.- tite perienced in the City of Montreal, in consequence of the sale of hay, coal, peat or turf, firewood and other woods, on streets, and other public places not allotted for that purpose, be it enacted that the said Council shall have power and authority to make and pass By-laws to regulate the sale of hay, coal, peat or turf, firewood and other Avoods, and the sellers thereof, and to prohibit, if deemed necessary, the sale of such hay, coal, peat or turf, firewood or other wood, in all places other than public markets, or public or private wood- yards, or such places as the said Council may allot or appro- priate for that purpose. 11. And the said Council shall have power to fix a tariff" of council may iix fines and rates to be paid at Pounds, now or hereafter to be paid at poumtH. established in the said city, in lieu of those fines and rates now paid at the same ; any law or custom to the contrary notwithstanding. 12. And the said Council shall have full power and autho- May proJUbit rity to pass By-laws for the better observance of the Lord's Lord's Day. Day, commonly called Sunday, in the said City of Montreal, and for that purpose to prohibit the selling, vending or retail-^ ing, by store or shopkeepers, pedlars, hawkers, petty chap- men, hotel-keepers, tavern-keepers, or other persons keeping houses or places of public entertainment in the said city, and all other persons, on the said Lord's Day, of goods, wares, or merchandise, wines, spirits, or other strong liquors, or the purchasing or drinking thereof, in any hotel, tavern, or house or place of public entertainment in the city, by any person or persons ; and also to enforce the closing of saloons and taverns from seven o'clock on Saturday evening until Monday morning ; and the said Council may, by any such By-law, give power and authority to enter into all stores, shops, hotels, taverns, or other houses or places of public entertain- ment of any description whatsoever in the said city, for the purpose of arresting on view such parties or other persons suspected of so selling, vending or retailing, or offering or exposing for sale, or of purchasing or drinking, as aforesaid. 13. And by any such By-law, for any of the purposes Finostoonfoie*' By-lawn. -*ii. BIBUOTHECA 100 CITY CHARTER AND OTHER ACTS. Suits afi[ain8t noii-rcEiidonts. < 'ompl(>tiou of A88C8sment Rolls. Notice of such completion. aforesaid, the said Council may impose such fines not exceed- ing twenty dollars, or such imprisonment not exceeding thirty days, or both, as they may deem necessary, for enforcing the same. 14. Suits for assessments or taxes against non-residents may be brought in any Court of Justice having competent jurisdiction. 15. The Assessors shall complete the Assessment Rolls of the several Wards of the city with proper diligence, and shall make out fair copies thereof to be left with one of their num- ber, in their oflSce in the City Hall of the said city ; they shall also forthwith give public notice thereof in the order in which the said Wards may be completed : 1. Such notices shall set forth that the Assessors have completed their Assessment Roll of the Ward or Wards stated in the said notice, and that a copy thereof is left with one of their number at their oflfice in the City Hall, where the same may be seen and examined by any person interested during the delay specified in the said notice, which delay shall in no case be less than fifteen days from the publication of the said notice ; and that, after the expiration of that delay, at a day and hour to be stated in the said notice, the Assessors will meet, at their office aforesaid, to review their assessments of the real estate set down in the said Assess- ment Roll or Rolls ; on the application of any person con- ceiving himself aggrieved, it shall be the duty of the said Assessors on such day to meet at the time and place speci- fied, and to' hear and examine all complaints in relation to such assessments of feal estate that may be brought before them ; and they are hereby empowered, and it shall be their duty to adjourn from time to time, as may be necessary, to hear and determine such complaints ; 2. Whenever any person, on his own behalf or on behalf of those whom he may represent, shall apply to the said Assessors to reduce the value of his real estate, as set down in any of the said Assessment Rolls, it shall be the duty of such Assessors (if they see fit) to examine such person touching the value of his or their real estate ; and after such Hearing com- plaints. I'rovision whou any ono socks a reduction of his assessment. I CITY CHARTER AND OTHER ACTS. 101 to examination, they shall fix the value thereof at such sum as they may deem just ; but if such person shall refuse to answer any question as to. the value of his real estate, or the amount thereof, the said Assessors shall not reduce the value of such real estate ; the examination so taken shall be written, and shall be subscribed by the person examined, and shall be filed in the office of the said Assessors ; 8. And any persons complaining as aforesaid to the said A]^m\\ to jtc- Assessors of their assessment on their real estate, and apply- against tiio ing for a reduction of the same, who may think themselves Assessors. aggrieved by the decision of the said Assessors on their said application, may, at any time within fifteen days' delay, com- plain thereof by petition to the Recorder's Court, which shall have exclusive jurisdiction in all cases of complaint against the judgments of the said Assessors on the applications made to them for a reduction of assessment on real estate ; all such petitions shall be filed with the Clerk of the Recorder's Court, who shall, from time to time, give due and suflBcient notice, by publication in one English and one French paper in the said city, of the days and hours when the said Recorder's Court will proceed to hear and determine the merits of such complaints generally, or any class or number thereof, respec- tively ; and any party aggrieved by any decision of the said Appeal from Recorder's Court with respect to any such complaint, may corcior"roiirt'." appeal therefrom, by summary petition, to any one of the Judges of the Superior Court for Lower Canada, sitting at Montreal, presented either in term or vacation, within a delay of eight days from and after the rendering such decision, and thereupon it shall be lawful for such Judge to order that cer- tified copies of the entry or entries in the assessment book complained of by the Petitioner, and of the decision of the said Recorder's Court on his complaint thereof, together with such complaint itself, be transmitted to him, and upon receipt thereof he shall, after having heard the Petitioner, either in person or by his attorney, make such order in the premises as to law and justice may appertain ; 4. When the Assessors, or a majority of them, shall have koh^ to iw in- completed the Roll of any Ward or Wards, they shall deliver ^IclTuvo^. *"• the same, duly certified, to the Treasurer of the said City. 102 CITY CHARTER AND OTHER ACTS. l>i8count on awcRsmcntH in certain cnscs. Council autlio- ri20d to efTect a further loan for certain purpose ■». Kondx may be issued. Certain provi- sions to a])ply. New debt t» lorm part of tlie 16. It shall be lawful for the said Council, by a By-law thereof, to allow such rate or rates of discount as may be considered expedient, on all assessments and taxes, including the water rates, paid within such delay or delays, after the completion of the assessment in each year, as the said Council shall fix upon and set forth in the said By-law ; and the said Council may, by any such By-law, charge interest, not exceeding six per centum, on the amount of all assess- ments and taxes which may remain unpaid after such delay, from the completion of the assessment in each year, as the said Council may determine and fix upon in the said By-law. 17. For the purpose of enabling the said Council to pay off certain open accounts and outstanding debts which are not included in the Consolidated Debt of the said city, estab- lished by the Act, sixteenth Victoria, chapter twenty-six ; and also for the purpose of enabling the said Council to carry out such improvements, make such repairs, and generally to per- form such works as are required in the said city, it shall be lawful for the said Council to borrow a further sum of money, not exceeding one hundred thousand pounds sterling, over and above any sum or sums of money which the said Council may have been heretofore authorized, or is now empowered to borrow on the credit of the said city ; which amount the said Council may borrow from time to time, and in such sum or sums as may be required, either in this Province or else- where ; and the said Council may grant and issue bonds for the same, beai-ing interest not exceeding six per centum per annum, and having coupons annexed to them for the interest aforesaid, which coupons shall be signed by the Mayor and Treasurer of the said city, and shall be payable to bearer ; and the said bonds may be made payable either in this Pro- vince or elsewhere, and either in the currency of Canada or in that of the place where the same shall be payable ; and, generally, all the provisions of the Acts now in force as to bonds issued by the said Council, shall apply to those to be issued under this Act, except only in so far as they may be inconsistent with this Act. 18. The new debt to be created and established under the CITY CHARTER AND OTHER ACTS. 103 authority of the preceding section of this Act, shall be added consoHfiatcd to, incorporated with, and form part of the Consolidated Debt ** ** *'.^ ^' of the said city, established by the said Act, sixteenth Victoria, chapter twenty-six, and shall bo secured and paid by means of a sinking fund of two per centum per annum on the amount thereof, in the manner provided for, in and by the said Act ; all and every the provisions of which said Act to secure and provide for the payment of the Consolidated Debt therein mentioned, shall extend and apply to, and be held and deemed to be in force, and to be incorporated with, and form part of this Act, in regard to any debt that may be incurred under the authority of the said preceding section of this Act, the establishment of a sinking fund to repay the same, the autho- rity given to the Treasurer to levy a rate to repay the same or any part of the principal and interest thereof, in the event of the moneys in his hands proving insufficient for the pur- pose, and the power given to the Sheriff, in the event of the contingency therein stated, to levy a rate for the payment of the said debt, or any part thereof, in the manner and form prescribed by the said Act. 19. Inasmuch as the Mayor of the said city is annually constitution of eligible to be re-elected, and so likewise are the members of "so?^."*^ "^' the Council, whose term of office will expire in the next suc- ceeding month of March, and neither the Mayor nor the said members of Council consequently form part of the Board of Revisers, established by the twentieth section of the Act four- teenth and fifteenth Victoria, chapter one hundred and twenty- eight ; the said Board shall hereafter be composed of such five members of the Council, to be taken exclusively from among the Aldermen and Councillors thereof, whose term of office will not expire in the next succeeding month of March, as the said Council may annually choose to select and nominate in the manner otherwise specified in the said twen- tieth section of the said Act. 20. In addition to the persons already disqualified by law Members of from voting at any election of Mayor or Councillor in the said may°not*vot*o. city, no officer or servant in the pay of the said Council, nor any officer, constable, or other member of the Police Force 104 CITY CFIAUTER AND OTHER ACTS. How iioticpf« hIiuII bu Kivcii. piiliHshcd. of the said city, shall hereafter be qi.aiilied to vote at any such election. 21. All notifications, generally, which are required to be given by this Act, or by the Acts hereby amended, relating to the Incorporation of the said city, and specially all notices in relation to the Water Works of the said city, or which are required to be given to the tenants of the Water Works of the said city, or the parties supplied with water from the said works, or liable to assessment therefor, may hereafter be made and given by public advertisement thereof in at least one newspaper published in the English language, and one newspaper published in the French language in the said city ; iiowsigncdand And sucli notifications shall in all cases have appended to them the name of the officer of the said Council or other person authorized to give the same ; and they shall be pub- lished in each case for such periods of time as may be deemed reasonable and sufficient by the said Council, or by any Com- mittee whose duty it may be to order the said publication thereof to be made. 22. For the purpose of constructing and establishing Market-houses and Market-places, in the West, St. Ann's, St. Antoine, St. Lewis, St. Jamud, and St. Mary's Wards of the said city, it shall be lawful for the said Corporation to effect a special loan of ten thousand pounds, sterling money of Great Britain, to be designated " The Market Loan," and to issue, under the hand of the Mayor and the seal of the said Corporation, Debentures or Corporation Bonds, to the said amount of ten thousand pounds sterling, aforesaid, pay- able twenty-five years after the date of the issue thereof respectively, and bearing interest payable semi-annually on the first days of May and November in each and every year, and at a rate not exceeding six per centum per annum ; and all such Debentures shall be headed with the words or title " The Market Loan," to designate the object and purpose for which they shall be issued ; they may be issued from time to time, at such periods, and for such amounts as shall be deemed expedient ; and they may have coupons annexed to them, for the half-yearly interest payable on them ; which coupons, being Loan for erec- tion of Market llOUH(>8, &c. llonds. CITY CHARTER AND OTHER ACTS. 106 signed hy the Mayor and Treasurer of the said Corporation, shall be respectively payable to the bearer thereof, when the half-yearly interest therein .mentioned becomes due, and shall, on payment thereof, be delivered up to the said Corporation ; and the possession of any such coupon, by the Corporation, shall he primd facie evidence, that the half-year's interest therein mentioned has been paid, according to the tenor of such debenture ; and all such debentures, and as well the interest as the principal thereof, are and shall be secured on the general funds of the said Corporation, as well as by a special privilege on the Market-houses and Market-places, to be constructed and established by means thereof. 23. The amount which the said Corporation is empowered where and how to borrow by the preceding section, may be borrowed either beVflecteii. in this Province or elsewhere, and the principal sum, and interest thereon as aforesaid, may be made payable either in this Province or elsewhere, and either in sterling money afore- said, or the currency of this Province, or in that of the place where the same shall be payable, and generally all the provi- sions of the Acts now in force, as to debentures issued by the said Corporation, shall apply to those to be issued under this Act, except only in so far as they may be inconsistent with this Act. 24. The said Market-houses to be constructed and estab- Market-houses lished by means of the special loan authorized to be made for its repay- under this Act, and also the land to be acquired for the pur- pose thereof, and every matter and thing therewith connected, shall be, and they are hereby specially charged, pledged, mortgaged, hypothecated for the repayment of any sura or sums which may be borrowed by the said Corporation, for the construction and estabhshment of the said Market-houses and places, as well as for the due and punctual payment of the interest on the money which may be so borrowed as aforesaid ; and all, each and every of the holders of the debentures issued for the said loan, shall have a concurrent pledge, mort- gage, hypothec, or privilege on the said Market-houses, and property appertaining thereto, for securing the payment of the said debentures and interest thereon. 10« CITY CHARTER AND OTHER ACTS. (loiinoll may ri'Kulat*^ thn luyiiiK uf rnil> wayH and tliv 1)ummIiis uf rainK ilirough till' Htrwit*. ny-Iaw8 to be public lawH within tho city. l^icensf'H to carton) niid chimuey sweeps. Jiirisdiction of Recorder's Court ex- tended. Forms in cap. 103 of Con. Stat. Canada to apply. 26. Tho said Council shall have powor, whcnovor, in its opinion, public convenience recjuires it, to sanction and pei'mit tho track of any railroad to bo laid in or along any street or public ground ; and to regulate the use of locomotive engines, and of steam or any other motive power on any or every por- tion of any railroad \vithin the city, and to prescribe and regulate the speed of cars upon any and every part of such railroad ; and to enact By-laws in pursuance of the powers hereby granted, imposing a penalty of not more than four hundred dollars upon the proprietors or corporations owning any such railroad, or their servants for each and every viola- tion of any such By-law. 26. The By-laws of the said Council shall be held and taken to be public laws within the limits of the said city ; and as such shall be judicially taken notice of by all Judges, Justices, and other persons whomsoever, without being spe- cially pleaded. 27. The said Council shall have full power and authority to suspend or revoke all licenses granted to carters and owners, or drivers of public vehicles, in and for the said city ; to ferrymen plying to and from the said city ; to chimney-sweeps, and generally all licenses whatsoever granted by the said Council, for any offence or cause of misconduct, or violation of any By-law relating to or concerning such per- sons, holding any such licenses, or their trade, occupation, or business in respect of the same. 28. And whereas it is expedient to extend the jurisdiction of the Recorder's Court of the said City of Montreal, to all matters, complaints or offences cognizable by one or more Justice or Justices, Commissioner or Commissioners of the Peace, or one or more Magistrate or Magistrates, the said Court shall have full power and authority to hear, try, and determine all matters, complaints or offences, which hereto- fore, by the laws and usages now in force, were cognizable by and within the jurisdiction of one or more Justice or Justices, Commissioner or Commissioners of the Peace, or one or more Magistrates, and further the forms of proce- dure, informations, complaints, summonses, warrants, recog- CITY CHARTER AND OTHER ACTS. 107 and nizanccs, proceedings, orders, convictions, commitments, and all other orders, writs, warrants and proceedings generally, established in and hy the Act forming chapter one hundred and three of the Consolidated Statutes of Canada, intituled : An Act respecting the duties of Justices of the Peace, out of Hessions, in relation to. summary convictions and orders, and set forth and contained in the Schedules of the said last men- tioned Act, shall be, and the same are hereby extended and applied to the said Recorder's Court, and mutatis mutandis may henceforth be used and employed in all cases of a like or corresponding nature in the said Recorder's Court ; and further all and every the provisions of the said last cited Act, Ami other , IV 1 \ Iff • i«i provisions of m regard to offences and the mode of prosecutmg and punish- tho Act. ing therefor, and all the proceedings, orders and convictions authorized and commanded to be made in and by the said Act, shall be incorporated with this Act, with such modifications as are necessary for their application to the said Recorder's Court. 29. Any one or more joint owners or occupiers of any lot. Suits against house, or premises, or other real property in the said city, of property for complained of for violation of any By-law of the said Council now or hereafter to be in force, bearing upon the said joint owners or occupiers, or upon the said lot, house or premises, or other real property, in any manner whatsoever, by reason of nuisances committed thereon, or other offences of what nature soever, may be sued alone, or conjointly, in the said Recorder's Court, as may be deemed advisable, as well as the agent or agents of the said joint owners or occupiers or of any one of them, and the oral testimony of such ownership or occupancy, whether sole or joint or of such agency, or that the parties complained of are reputed to be such owners or occupiers, either sole or joint, or such agents as aforesaid shall be deemed sufficient. 30. The Mayor, or other officer for the time being presi- Maintenance of ding at any meeting of the Council, shall have power to hiV of ti^T enforce his authority, for the maintenance of order and decency, by causing to be forcibly put out of and excluded from the Council Chamber, until the adjournment of the 108 CITY CHAHTER AND OTIIBK AOTB. mooting, any member of the in^j; huasclf, after Mootion 86 of 14. 16 v., c. 128, r(t|ionl(>(l. I.dOHu and (IIR' orilorl iincil, pcrxiHting in inmdemcan- tho Mayor, or officer so prcniding, Hhall rroviwj! At to declare him to bo out of order ; Provided that upon a motion powi'M of iMT. to that effect, it shall be reH<)lved by a majority of at least three-fourths of the members present that the Mayor, or officer presiding, should enforce his authority in that behalf; and any motion to that cifoct shall always bo hold to bo in order, and shall bo put and decided upon without debate. 31. Tho eighty-sixth section of the said Act, fourteenth and fifteenth Victoria, chapter one h and red and twenty-eight, shall bo and is hereby repealed 32. It shall be lawful for ; .ly ( "lit ' liicor or constable of mV'i^o'npDr"- the Said city during the tlm< of his being on duty, to appre- ■ hend on view, all loose, idle and t i.>rder's Court, the said ''^f^'v 'dor or '■'-.-, leputy, if such officer shall think fit to 1 .1 oslu m the manner prescribed by the said Act ; And it shall further be lawful for the said Recordir's Court, or the said Recorder, or his deputy, by whom any such loose, idle or disorderly person shall be convicted of any of the said recited offences, by confession, or by tho oath of one or more credible How such per Hons flhaU bo doftlt with. rowers of Re- corder's Court us to such per- sons. CITY CHARTER AND OTHER A(!T8. KM) witiic«ao8, to adjucl^u that such person shall pay a fine not uxcccdiii)? twenty (h)llar8, oithor liumeiUatoly, or within Huch ])erio(l as may ho thoii)^lit fit, ami hk' i»»|»m<)ntMl in tho Com- mon Ouol or House of CornHtion, uli l»*rti lahour, for any time not exceeding two calendar luoutin*, (w to adjudge that such porson shall pay a tine ol twcutv dollars, either inunediately or within nutli poriod as ir/ay he tliouglit fit, and that in de- fault of such jMiVMHMit, either inunodiutoly <>r within the time apiKtinteU as aforesaid, such person shall Ii liprisoned in the said Common Gaol or lltnise of Corrccf inn. lard lahour, for any time not exceo.ang two calendar WMMiths . ihc mprisun- ment, however, to c«»a8e upon payment i4' the fi^c imjinsed. 88. The ninetieth rtcction of the .^aid last citf. At-t, foim ^.ct. ihk.i 14, tccnth and fifteenth Victoria, cliiaptor < h»i Ired and uini'iiiitMi. twenty-eight, shall be and the same > horci amo» led with respect to that part thereof imposing tine anu m \n ument ; and it is hereby t-nuetcd that tho said lii-conhr r ^t shall rowcrHot ij.-. , 1 1 -i. -ii i. c 1- conliT'it Court. have power and ai honty either to fine and nnpi |w*r8on convicted before ir of having assaulted or res) 1 n officer or constable appointed under the said Act, in exreution of his duty, or of ai ling and inciting any person •on\ ictod, to assault or resist, us declared by the said sect* . or to ad- judge that the person or persons so convicted « ufouesaid, shall, for every such offence, forfeit a.iid pay 8U( sum not exceeding twenty dolhus, either immediately or >. hin such time as may be though fit, and in default of suci ayment either immediately or within the delay mentioned, suc/i person or persons shall bo imprisoned in the Common Gaol, 01 If dus© of Correction, at hard lab »ur, for a period not exceeding iliirty days. 84. The said Council diall have full power and authority proneciition «>r I, 1% «• p ii ••!<•/• 1 certain (itli'iici'H m all cases 01 onences tor the commission whereof fine and uiMU'rHy-iuwH. imprisonment are imposed Uy any By-law of the said Council, to proceed against and prosecute parties charged therewith, either by summons or by warrant issued upon affidavit taken before the Recorder of the said city, or his deputy, as may be thought more advisable for the attainment of justice. 35. And whereas it is enacted, in and by the seventy- Recital. 110 CITY CHARTER AND OTHER ACTS. 14,15 v., c. 128, fourth section of the said Act hereinbefore recited (fourteenth and fifteenth Victoria, « liapter one hundred and twenty- eight), that in all cases where the proprietors of the majority of the real estate in any street, square, or section of the city, that is to say, the proprietors of the larger part in value of the said real estate, and according to the then assessed value thereof, may apply to the said Council for any specific local improvement in and to the said street, square, or section, other than the repairing of the streets thereof, it shall be competent for the said Council to allow the same ; and for the purpose of defraying and covering the cost of the said specific improvement, or any part thereof, which the said Council may determine to be borne by the parties interested in the same, the said Council is empowered to impose and levy, by By-law, a special rate, tax or assessment on all real estate in the said street, square, or section of the said city, benefited or to be benefited by the said improvement, accord- ing to the assessed value thereof, sufficient to cover the expense of the said improvement, in whole or in part, as the said Council may decide ; but no provision is made in the said section to fix and determine what real estate in the said street, square or section of the said city is so benefited or to be benefited by the said improvement, or to apportion the said special rate, tax or assessment, on the said real estate, as nearly as may be in proportion to the benefits resulting or How property to rcsult from the said specific improvement ; It is enacted, shall be assessed ^ r i ' ' that in all cases where land or property may have been taken and appropriated for any specific improvement by virtue of the said in part recited seventy-fourth section of the said Act, or where the same may hereafter be taken and appropriated by virtue thereof, the whole of the real estate in such street or streets, square, or section of street or streets, with the exception, on each occasion, of the lot or lots from which the land or property aforesaid may have been or shall hereafter be taken, shall be held to have been equally benefited by such improvement, and shall be equally rated, taxed, or assessed, to provide the expense of the said improvement, as nearly as may be, in whole or in part, according to the man- in respect of local improve' mpnts. CITY CHARTER AND OTHER ACTS. Ill ner in which the said Council may have already decided, or shall hereafter decide, that the said expenses thereof were to have been, or shall be, borne by the said Proprietors ; and so much of the said section as empowers the said Council to regulate and apply such rate, tax, or assessment, to and upon any such real estate to be so rated, taxed or assessed, and according and in proportion to the amount of benefit which will be conferred thereon by the said improvement, shall be and the same is hereby repealed ; and the assessed value of all real estate in any such street or streets, square, or section of a street or streets, for the year in which any such aforesaid improvement may have been heretofore made, or in which any such aforesaid improvement may hereafter be made, under the said section, shall be held to be the assessed value thereof, for the purposes of the said improvement ; Provided proviso, that no real estate in any such street or streets, square or section of street or streets, shall be exempted from being rated, taxed or assessed towards any such improvement except in the particular occasion of a part thereof being taken for the purposes of the said improvement, or to carry out the same ; Provided further, that in case any real estate shall be Proviso, situated on two or more streets or on one or two streets and a public square, the said Council, in passing such a By-law, shall determine what portion of the said real estate is bene- fited by the specific improvement made in the said street or square, and shall accordingly apportion the special tax or assessment to be levied on the said real estate, by reason of the said improvement. 36. In all cases where the whole or any part of any real in case nro- estate, subject to any lease or other agreement, shall be taken to any lease, by the said Council, under the said section of the said Act, the" council, all the covenants and stipulations contained in such lease or agreement, shall, upon the passing of a By-law by the said Council, to impose and levy the special rate, tax or assess- ment, required for the purpose of defraying and covering the cost of any such specific local improvement, cease, determine, and be absolutely discharged ; and in all cases where a part only of any real estate shall be so taken, the said covenants 112 CITY CHARTER AND OTHER ACTS. Meaning of cer- tain words in sect. 74 of 14, 15 v., c. 128. Cln-istian and tsurnunies to bo set fortli in the list of voters. and stipulations shall be so discharged, only as to the part so taken ; and in passing such a By-law, the Council of the said city shall determine the rents, payments and conditions, which shall be thereafter paid and performed, under such lease or agreement, in respect to the residue of such real estate. 37. And whereas doubts have arisen as to the meaning of the words " Section of the City," contained in the said se- venty-fourth section of the said Act, fourteenth and fifteenth Victoria, chapter one hundred and twenty-eight, it is enacted, that the said words " Section of the City," shall mean and be taken as comprising any portion of the city, square or street, for which any such specific local improvement has been, or may hereafter be applied for, by any such petition as aforesaid. 38. In the lists and certificates of voters in the several Wards of the said city, for Mayor and Councillors of the said city, there shall hereafter be stated and set forth, at full length, the Christian and Surnames of the said voters, their occupa- tions, and the streets in which they reside, in the said city, or in which they have their places of business therein, when- ever the right of vote arises out of the business carried on by the said voters. 39. And whereas it is necessary to amend the seventeenth section of the said Act, fourteenth and fifteenth Victoria, chapter one hundred and twenty-eight, with respect to the formalities to be observed by the City Clerk, prior to the delivery to any person whose name shall be on the voters' list for any Ward, for a certificate to the effect that the name of such person is on the voters' list, and that he is entitled to vote at the election to be held for Mayor of the said city, and for a Councillor or Councillors for such Wards, it is enacted that the said City Clerk, or any person acting for him, shall have full power and authority, whenever deemed necessary, to administer to such person requiring such certificate, the following oath or affirmation, before delivering the said certi- ficate, viz : You swear (or solemnly affirm) that you are the person 17th soot, of It, 16 v., c. 128, amended. City Clerk may require un oath of a voter. Form of oath. (( CITY CHARTER AND OTHER ACTS. 118 part so the said iditions, ier such ich real aning of said se- fifteenth enacted, lean and ciuare or Qent has petition ■al Wards said city, 1 length, r occupa- aid city, when- ied on by enteenth Victoria, to the »r to the oters' list name of ititled to city, and enacted iim, shall ecessary, cate, the aid certi- le person I'unisbmcnt of bribery at city elections. " named and described in the certificate claimed by and now " shown to you, (reading to the said party, at the same "■ time, the name, occupation, and name of the street, set ''^ forth in full, in the said certificate,^ and that you are " entitled to vote at the election to be held for Mayor of the " City of Montreal, and for a Councillor {or Councillors, as " the case may be) for the {naming the ivard) Ward of the " said city. So help you God." 40. If any person, who shall have or claim to have any right to vote at any election of a Mayor or of a Councillor in the said city, shall, after the passing of this Act, ask or take any money or other reward by way of gift, loan or other device, or agree or contract for any money, gift or office, employment or other reward whatsoever, to give or forbear to give his vote in any such election, or if any person, by himself or by any person emplo3'ed by him, shall by any gift or reward, or by any promise, agreement or security, for any gift or reward, corrupt or procure, or offer to corrupt or pro- cure, any person to give or forbear to give his vote in any such election, such person so offending in any of the cases aforesaid, shall,' for every such offence, forfeit the sum of forty dollars, to be recovered, with full costs of suit, by any one who shall sue for the same in the Circuit Court for the District of Montreal ; and any person offending in any of the cases aforesaid, being lawfully convicted thereof, shall for ever be disabled to vote in any election in the said city. 41. The sixteenth section of the said Act, fourteenth and fifteenth Victoria, chapter one hundred and twenty-eight, shall be and the same is hereby repealed. 42. The Voters' List for each Ward of the said city, when settled and signed in the manner provided for in and by the kst cited Act, shall be again placed and kept in the City Hall, until after the close of the elections, shall then be filed in the office of the City Clerk ; and every person whose name shall appear in such Ward list, and Avho shall produce a certi- ficate in the manner provided for by the said Act shall be entitled to vote at the election for Mayor of the said city, and Sect. 16 of 14, 15 V.,c. 128, ro- pealod. Upon coniplo- tion of voters' lists, thoy shall bo exposed in tlio City Hall and liled with the Clerk. ISights of per- sons on such 114 CITY CHAKTER AND OTHER ACTS. for a Councillor or Councillors, as the case may be, in the Ward stated in his certificate, without any further inquiry as to his I'loviso: cer- qualification ; Provided that it shall be lawful for the said bo required of Mayor, Or for any Alderman or Councillor of the said city, or for the Recorder or City Clerk thereof, to administer either, or both, of the following oaths, marked one and two, included in this section, to any party producing any such certificate, and claiming a right to deposit the same, and vote at the said election ; and it shall be compulsory on the said Mayor, Alderman or Councillor, and upon the said Recorder or City Clerk, to administer either or both of the said oaths, upon the requisition to that effect of any candidate at the said election, or any duly qualified voter in the said city, and likewise in all cases where doubts are or may be entertained of the identity of the party desirous of voting, of his being of the full age of twenty-one years, or of his having received or been promised any consideration for his vote ; and any per- sons required to take the said oaths, or either of them, and refusing so to do, shall be prohibited from voting so long as he shall persist in his refusal, and until he shall have taken the said oath or oaths. Pci-sons refus- ing them shall not vote. Oath Number One. Form of oath. " You swear {oT if he he one of the persons permitted hy " law to affirm in civil cases, you affirm) that you are the " person named and described in the certificate now shown " to you (reading to the said party, at the same time, the " name, occupation, and name of the street set forth in full, " in the said certificate^ ; and that you have not voted " before at this election. So help you God." Oath Number Two. Form of oath. " You swear that you verily believe you are of the full " age of twenty-one years ; and that you have not already " voted at this election ; and that you have not received any " thing, nor has any other person, to your knowledge or CITY CHARTER AND OTHER ACTS. 115 1 the Ward J aa to his • the said said city, idminister 5 and two, any such I, and vote I the said Recorder jaid oaths, ite at the i city, and (itertained s being of 2ceived or i any per- them, and 80 long as ive taken mitted by 1 are the 3W shown time, the h in full, lot voted ' the full ; already sivcd any or False Bwcariiig to be perjury. ' Onthtobotakeii by Auditor. ledge " belief, received any thing for you or on your account or " behalf, either directly or indirectly ; neither has there been " any thing promised to you, or, to your knowledge or belief, " to any other person for you or on your behalf or account, " either directly or indirectly, in order to induce you to give " your vote at this election, nor do you expect any remune- " ration, gift or reward, either directly or indirectly, for " voting at this election. So help you God." 43. Any person who shall swear or affirm falsely, upon the said prescribed oaths, numbered one and two, contained in the preceding section, or either of them, being administered to him, shall be guilty of wilful and corrupt perjury, and shall be liable to all the pains and penalties of the said oifence. 44. Hereafter no Auditor, elected or appointed under the said last cited Act, shall be required to take an oath that he is holder of real or personal estate, as one of the qualifica- tions for holding such office ; but the following oath shall be administered to such Auditor by the Mayor, or any Alderman or Councillor thereof, or the City Clerk, to wit : " You {name of Auditor), having been elected Auditor " for the City of Montreal, do sincerely and solemnly swear " that you will faithfully fulfil the duties of the said office " according to the best of your judgment and abilities. So " help you God." And no other oath shall be required of such Auditor. 45. The nineteenth section of the Act last cited (fourteenth and fifteenth Victoria, chapter one hundred and twenty-eight) shall be and the same is hereby amended, by substituting in the said nineteenth section the words " sixteenth section," in place of " fifteenth section." 46. The thirty-third section of the Act last cited shall be and the same is hereby repealed. 47. The forty-eighth and forty-ninth section of the said last cited Act shall be and the same are hereby amended, in so far as respects the manner of appointing a Chairman at any meeting of the said Council, in the absence of the Mayor and Acting Mayor of the said city, so that the said Council shall Form. Sect. 19 of 14, 15 v.. c. 128, amended. Sect. 33 of said Act repealed. 48th and 49th sects, thereof amended. 116 CITY CHARTER AND OTHER ACTS. 5i;th section ro- poalcd. Tariff of rates to bo flxod for water supply. have full power and authority hereafter, in the absence of the said Mayor and Acting Mayor, to choose any Alderman or Councillor to be Chairman at any such meeting. 48. The fifty-sixth section of the Act last cited, fourteenth and fifteenth Victoria, chapter one hundred and twenty- eight, shall be and the same is hereby repealed. 49. It shall and may be lawful for the said Council of the said city, when and so soon as they are prepared to supply the said city or any part thereof with water, to establish a tariff of rates for water supplied or ready to be supplied in the said city from the said Water Works, which said tariif of rates shall be payable at the times and in the manner to be estab- lished in the said By-law, by all proprietors, occupants or others supplied with water from the said works, or whom the said Council are prepared and ready to supply with water from the said works ; which tariff of rates shall not, however, be made payable before the water is ready to be supplied to the said proprietors, occupants or others, by the said Council ; the said tariff of rates shall and may be made payable by all such proprietors, occupants or others, as well by those who refuse as by those who consent to receive into their houses, stores, shops, offices, places of business, or other buildings, the water-pipe to supply the said water ; but the said tariff of rates shall not be payable by the proprietors or occupants of any such house, store, shop, office, ijlace of business, or Wlien to be- come i)ayablc. Proviso : As to cost of intro- diiciiig water. building, until after the said Council shall have notified them that they are prepared and ready to supply such house, store, shop, office, or place of business or building, with water, and if, from the time of such notification to the next period ap- pointed for the payment of such tariff of rates, there shall be any broken period, then such tariff of rates shall be payable 'pro rata for such broken period, as if accruing day by day ; Provided that the expense of introducing the said water into the said houses, stores, shops, offices, or places of business, or other buildings, shall be borne by the said Council, and the work performed by the same ; but the distribution of the water through the said houses, stores, shojis, offices, places of business, or other buildings, after being introduced nee of the dcrman or fourteenth d twenty- ncil of the supply the ish a tariff in the said if of rates ) be estab- !upants or whom the with water ;, however, supplied to d Council ; able by all those who (iv houses, )uilding8, said tariff occupants Lisiness, or lified them use, store, ater, and period ap- e shall be le payable J by day ; kvatcr into business, incil, and bution of , offices, troduced into them, shall be borne by such proprietors or occupiers, if required by them; Provided that in every case where such ivoviso: as to proprietor shall refuse or neglect to make the expense re- tenant." '* quired for the distribution of the said water, and that the said Council shall exact the payment of the water-rate im- posed in and by the present section from the tenant, then, in every such case, such tenant may withhold from the said proprietor, out of the rents to be paid him for the property he occupies, the amount of water-rate thus paid by such tenant, unless such tenant be bound towards the said proprie- tor, by his lease or otherwise, to make the expense required for the distribution of the said water. 50. And whereas, in cases where the said Council have Recital, purchased or taken and entered into property for the use of, or the improvement or extension of the Water Works of the said city, by virtue of the Act passed in the seventh year of Her Majesty's reign, intituled. An Act to authorize the i v., c. a. Mayor, Aldermen and Citizens of the City of Montreal to purchase, acquire and hold the property now known as the Montreal Water Works, and of the Act passed in the six- " teenth year of Her Majesty's reign, intituled. An Act to lev., c.m. authorize the Mayor, Aldermen and Citizens of the City of Montreal to borrow a certain sum of money, and erect there- with Water Works for the use of the said City, and to extend and amend the jirovisions of any Act relating thereto, doubts have been raised as to the authority or power of the said Council to grant mortgages (Jtypotheqaes^ for the price of such property purchased, taken, or entered into, or any part thereof, remaining unpaid by the said Council : It is enacted. Doubts as to that in all such cases the said Council shall have power and council to authority to grant mortgages (^fiypotheques'), on the property tiiecs removed . so purchased or taken, to the person or persons from whom such property may have been heretofore, or shall hereafter be purchased or taken, or to any other person or persons having a right to receive or accept the same, for the price or purchase-money thereof, or any part thereof, remaining un- paid and owing, in the like manner as any individual pur- chaser of the said property might or could have done, or may or can hereafter do. 118 CITY CHARTER AND OTHER ACTS. Cortiiin powers confbrrud on Hupcriiitondcnt of i'olice. Certain suits I'ormorlv broiiglii by Kovoinie In- (ipcrtors may . 1)0 l)roiift1it by I'olieoineii, and in Recorder's Court. Judftments of Heeonler's Court may bo registered summarily. 51. All tho powers conferred by the sixty-eighth section of tho said Act, fourteenth and fifteenth Victoria, chapter one hundred and twenty-eight, upon Justices of the Peace residing in the City and Town of Montreal, relative to the pro- ceedings to be adopted in case of expropriation, are hereby granted to and conferred upon the Inspector and Super- intendent of Police for the said City of Montreal ; and tho said Superintendent of Police shall, on presentation of a petition for the purpose, and in the manner specified in the said section, adopt the proceedings which Justices of the Peace are required, in and by the said section, to adopt in such cases. 52. All suits, actions or prosecutions that could, before the passing of this Act, be brought and commenced in the name of one of the Revenue Inspectors, in virtue of the forty- second section of the Act fourteenth and fifteenth Victoria, chapter one hundred, may hereafter be brought and com- menced before the Recorder's Court in the name of the said Corporation or of any member of the Police Force of the said city, provided they are brought for offences committed within the limits of the said city ; and all and every the provisions of the said last cited Act in regard to said offences and the mode of prosecuting and punishing therefor, and all the proceedings, orders and convictions authorized and com- manded to be made in and by the said Act, shall be incor- porated with this Act, with such modifications as are necessary for their application to the said Recorder's Court. 53. Notwithstanding any thing to the contrary contained in the Acts fourteenth and fifteenth Victoria, chapter one hundred and twenty-eight, and eighteenth Victoria, chapter one hundred and sixty-two, it shall not be necessary hereafter to enregister at length the proceedings and judgments of the Recorder's Court in cases respecting the recovery of assess- ments, taxes and other dues of the like nature, but such pro- ceedings and judgments shall be enregistered summarily ; and it shall not be necessary, in any summons or action before the Recorder's Court, to specify or recite the By-law under which such action is brought, but it shall be sufficient to state that it is in virtue of the By-law in that behalf made. CITY CHARTER AND OTHER ACTS. 110 I section chapter le Peace the pro- 3 hereby [ Super- and the ion of a cified in stices of to adopt I, before 3d in the ihe forty- Victoria, md com- the said ■ the said d within rovisions and the all the ad com- )e incor- ecessary ontained 3ter one chapter ereafter ts of the assess- iich pro- marily ; action By-law ufl&cient f made. 54. The forty-fifth section of the Act, fourteenth and fif- si'ct.45of u, tcenth Victoria, chapter one hundred and twenty-eight, is anuiiliiii. hereby amended so t the word " February," wherever it occurs in the said section, shall be replaced by the word " April." 55. All the provisions of any law inconsistent with the contrary provisions of this Act, shall bo and the same are hereby re- pealed. 56. Nothing herein contained shall be construed to repeal Act not tore any By-law heretofore made under any Act or part of an l«w. Act or provision of law hereby repealed ; and notwithstand- ing such repeal every such By-law now in force shall have the same force and effect as if this Act had not been passed iniless and until the same be repealed or altered by virtue of this Act. 57. This Act shall be deemed a Public Act. ruWicAct. fBy the sixth section of the Act 24 Vic, Cap. 68, passed riipcityny- missioners. on the 18th May, 1861, it is enacted, That notwithstanding rcKtiictnio any tinng contamed m the Acts mcorporatmg the City of Hsubour com- Montreal, or amending the same, no By-law of the Corpora- tion of the said city shall restrict or affect in any manner the exercise of the powers conferred upon the Harbour Com- missioners of Montreal, under the various Acts relating to the said Harbour.] 120 CITY CHARTER AND OTHER ACTS. rroamblc. (7 Victoria, Cap. 44.) An Act to authorize the Mayor, Aldermen and Citizens of Montreal to purchase, acquire and hold the proi)erty now known as the Montreal Water Works. (Assented to 9th Dcccmhcr, 1843.) WHEREAS the Corporation of the Mayor, Aldermen and Citizens of the City of Montreal, incorporated by law, have, by their humble petition, addressed to the several branches of the Legislature, represented their having ncgo- ciated with " the Proprietors of the Montreal Water Works," incorporated by the Act of the Legislature of the late Pro- vince of Lower Canada, passed in the forty-first year of the Reign of His late Majesty King George the Third, for the purchase of the said Water Works, including the whole of the property, movable and immovable, connected therewith, til! J have concluded an agreement with the said proprietors for the purchase thereof, for the sum of Fifty Thousand Pounds, currency, payable in Debentures or Corporation Bonds, redeemable on or before the first day of November, one thousand eight hundred and sixty-eight, and bearing interest i)ayable semi-annually at the rate of six per cent, per annum ; And whereas the said Corporation have not funds at their disposal, or which they are now empowsred by law to raise, sufficient to effect the said purchase, unless they suspend all the public wor]^ • and im})rovements now reipiisite in the said city ; And whereas under the provi- sions of the Ordinance of the Governor and Special Council of the late Province of Lower Canada, incorporating the said Mayor, Aldermen and Citizens, it is enacted that it shall not be lawful for the Council of the said City of Montreal to borrow, on the credit of the said city at one time, any sum icn and icqiiii'c as tlie •men and I by law, ! several Ing nego- Works," late Pro- ar of the 1, for the whole of lerewith, oprictors housand poration jvember, bearing )er cent. lave not owered \i, unless nts now i provi- Council the said hall not itrcal to any sum or sums of money cxocodiii. the df^iL ^pi* MnNMH if the revenue of the said city for five yeii «*, md ilfct^ no sum or sums of money shall bo. so borrowc while i\ -"aid city shall bo in debt to such aggregate uiu > mt, unless the said Council shall be authorized in this behalf by an Act of the Legislature of this Province ; And whereas the said intended purchase will be greatly profitable to the city and highly beneficial to its inhabitants by enabling them to obtain a plentiful supply of pure and wholesome water at greatly reduced rates from those at present exacted by the said " Proprietors of the Montreal Water Works ;" And whereas it is expedient to grant the prayer of the said Corporation as aforesaid, for authority to complete the said intended pur- chase on the terms in their said petition and hereinafter spe- cially set forth ; Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and con- sent of the Legislative Council and the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-unite the Provincea-of Upper and Lower Canada and for the Q-overnment of Canada, and it is hereby enacted by the. authority of the same, that it shall and may be lawful for the said Corporation of the Mayor, •Aldermen and Citizens of the said City of Montreal, on or after the first day of January next, provided due notice be given by the Council of the said city at least ten days prior to the now next annual election that the final purchase of the said Water Works Avill be a question to be decided by the City Council, one month subsequent to the said annual election, if they shall then deem it expedient, to make and perfect the purchase from " the Proprietors of the Montreal Water Works " or their representatives, incorporated under an Act of the Parliament of the late Province of Lower Ca- nada, passed in the forty-first year of the Reign of His late Majesty King George the Third, intituled, An Act for sup- plying the City of Montreal, and the parts thereunto adja- cent, toith Water, of all such buildings, houses, sheds, engines, Q TlicCorpoiatioii of tlio City of Muiiti'i'ul, aftiT certniii iiotiw, aiithorizoil to iimku tliu i>iir- clmsfi of •' flif Montreal Water Works" fiom the proprietors tliereof, incor- porated by Act 41 Goorpc III, c. 10, witli all tlieniovnblonnd immovable pro- perty (lierennto belonging, and all rights, au- thorities, anil privileges now enjoyed by the said proj)rio- tor.s, for th(> sum of .t:,V»/XX) currency. 122 Clfy CH4RTKR AND OTHKR ACTS. After «ueli pui^ chase, all the powers, privilo- ?:o8, rigtits, ti- les, and inter- ♦■at to the mov- able and im- movable pro- perty connect- ed with the Montreal Water Works, and for supplying the city with water, to be transferred to and vested in the said Corpo- ration, • water houses, reservoirs, resorvfttories, water wheels, fire engines, machinery, working gears, cisterns, ponds, hiisins of water, main pipes, rider pipes, stand pipes, service pipes, conduct pipes, hranches of iron, lead or other metal, plugs, cocks, chambers, cocks in common, stop-cocks, stop-backs, valves, fire plugs, air plugs, fire-cocks, boxes, forcing mains, ferrils, feeders, campirs, drains, pumps, sluice.'< iind other works, devices or things ; and generally all movable or immovable property connected Avith or belonging to the said Montreal Water Works, situated, lying, or being Avithin the said City of Montreal or in the vicinity thereof, or roiiuisite and necessary for the support and maintenance of the said Water Works, as also all lead, leaden and other pipes, brass cocks, fuel, tools and materials of every description, now possessed by the said " Proprietors of the Montreal Water Works," or appertaining to the establishment thereof, or that may have been ordered for the use of the said Water Works and not yet in their possession, together with all rights, privileges, powers and authority heretofore or now vested in or possessed by the said " Proprietors of the Mon- treal Water Works," under the Act aforesaid, at and for a sum, price or purchase money not exceeding Fifty Thousand Pounds, current money of this Province, to be payable in the manner hereinafter mentioned. 2. And be it enacted. That from and after the completion • of the intended purchase, sale, transfer and conveyance as aforesaid, by and to the Corporation first above mentioned, all the powers, privileges and authority given and conferred upon, or possessed or enjoyed by the said " Proprietors of the Montreal Water Works," and all the property and possession of the said Water Works, in and by virtue of the said Act of the Parliament of the late Province of Lower Canada, incorporating the same, or in and by virtue of any other Act or Acts whatsoever relating to the same, shall be transferred, conveyed, made over to and conferred upon, possessed and enjoyed by the said Corporation first above mentioned in as full and effectual a manner as if the same were herein more specifically detailed, and all the powers, rights, title, interest. CITY CIIAUTKU AND OTHMR ACTS. 1-28 els, fire I>;usin8 of L'c j)ij)ca, il, plu^s, op-backs, i<^ mains, ml other vable or ) the said ithin tho rotiuisite tho said les, brass tion, now sal Water icroof, or lid Water with all 5 or now the Mon- and for a riiousand )Ic in the ampletion . yance as entioned, conferred ors of the )ossession jaid Act Canada, )thor Act nsferred, ssed and ned in as •ein more interest, 'I'lio forporH- lioii nmv Im- prove, alter, or roiiiovu tlie riiIiI M'litcr WorkH, tnnv acquire ail- illtfonnl ri>al vh- tatn fur that object, or (ll«- iioHooftliat now Ity tliem enjoy- ed or iionaewotl. privilc;^oa or claim, of tho said " Proprietors of the Montreal Works,'' to, in, or upon all or any part of tho said movable and immovable i)roperty, or for supplyiii;^ tho said city or the parts thereunto adjacent, with good anil wholesome water, and all powers and authority heretofore and now possessed, enjoyed or claimed by them for that purpose, shall from thenceforth bo vested in and belong to the Corporation, first above mentioned, and shall be managed by the Coimcil of tho said city as other property of the said Cor[)oration, sub- ject always to tho provisions of this Act. 3. And bo it enacted. That it shall and may bo lawful for the said Corporation of the Mayor, Aldermen and Citizens of the City of Montreal, after effecting tho intended purchase as aforesaid, by any By-law to bo hereafter ^ th" manner provided by the said Ordinance incf." tie Inhabitants of the said city or by any Act that may here- after be passed for tho same purpose, and they are herel)y authorized and empowered to improve, alter or remove the said Water Works, or any part or parts thereof, and to cliange the site of the several engines and place or sources of supply thereof, and also by themselves, their Agents, Deputies, Officers, Workmen, Servants or Assistants, from, time to time to erect, construct, repair, and maintain any where within twelve miles from the nearest limits of the said city, all such buildings, houses, sheds, engines, water houses, reservoirs, reservatories, water sheds, fire engines, machinery, working gears, cisterns, ponds and basins of water, and the other works, devices and things herehibeforo recited in such manner and of such construction as they shall think neces- sary, proper or expedient for forcing, conveying and con- ducting, into and throughout the whole of the said city and the parts thereunto adjacent, or conducive to the existence, improvement or continuance of the said Water Works ; and for effecting the foregoing or any other purpose or purposes connected with the said Water Works, '\i shall and may bo lawful for the said Corporation, and they are hereby autho- rized and empowered to purchase, hold and acquire any lands, tenements and immovable estate, servitudes, usufruits. 124 CITY CHARTER AND OTHER ACTS. hereditaments, or other real property of any description, within the said City of Montreal or in the vicinity thereof, not distant more than twelve miles from the limits of the said city, which shall or may be necessary for the said Water Works, or for improving, altering, enlarging or extending the same ; saving nevertheless to the Seignior or Seigniors within whose censive the said lands, tenements, immovable estate, hereditaments or other real property as aforesaid, so purchased, may be situate, his or their several and respec- tive rights that may become legally due upon the commuta- tion of the tenure of such lands and tenements, which com- mutation it shall be the duty of the said Corporation to effect with the least possible delay, and also to sell and dispose of any lands, tenements or immovable estate now possessed by the said Mayor, Aldermen and Citizens as aforesaid, or that may be hereafter purchased, acquired or possessed by them, if deemed requisite so to do for the purposes of the said Water Works. coiiiorate bo- 4. And be it enacted. That it shall and may be lawful for other persons, all Bodies, PoUtic or Corporate or Collegiate Corporations, sell any real aggregate or sole. Communities, Husbands, Tutors or Guar- by the Corpora- diaus, Curators, greves de substitution, and all Executors, tion under this . , . . i ^ n^ i Act, and indom- Admmistrators and other Irustees or persons whatsoever, nitied same. for the peri who are, or shall be seized or possessed of, or interested in, any lands, tenements, immovable estate, servitudes, usufruit and hereditaments, or other real property, within the said city, or within twelve miles thereof, which may be selected and desired by the said Corporation for the purposes of the said Water Works, after the purchase thereof as aforesaid, not only for and on behalf of themselves, their Heirs and Successors, but also for, and on behalf of, all persons whom they represent, or for whom, or in trust for whom, they are, or shall be seized, possessed or interested as aforesaid, whether Minors or issue unborn, Lunatics, Idiots, Femes Covert, or other person or persons, to contract for, bargain, sell and convey such lands, tenements, immovable estate, servitudes, usufruit and hereditaments or other real property, and such contracts, sales, agreements, assurances and con- CITY CHARTER AND OTHER ACTS. 125 escription, ty thereof, af the said lid Water extending • Seigniors immovable bresaid, so nd respec- commuta- chich com- m to effect dispose of issessed by lid, or that i by them, f the said ! lawful for rporations, or Guar- 5xecutors, rhatsoever, erested in, usufruit ti the said )e selected •ses of the aforesaid. Heirs and sons whom hom, they aforesaid, )ts. Femes r, bargain, )le estate, I property, and con- Corporation may tako and cuter u|)on ajiy land, being pri- vate ))roi)i'rty ronnircd for tho ])iiri)(is('S of tliis Act, lifter pay- ment or tender of tlie value thereof. veyances so to be made, shall be valid and effectual in law, to all intents and purposes whatsoever, any law, statute, usage or custom to the contrary, notwithstanding ; and all Bodies Politic, Corporate or Collegiate, Communities, Corporations and persons whatsoever, so contracting, selling or conveying as aforesaid, are hereby indemnified for, and in respect of any such sale, which he, she, or they shall respectively make, by virtue of, or in pursuance of this Act ; securing always the rights of any person or party, to the whole, or any part of the purchase money, to be paid by the said Corporation, for any real property purchased, as aforesaid. 5. And be it enacted, That the said Corporation shall have full power, notwithstanding any law to the contrary, to take and enter into, after paying, tendering or depositing the value thereof, such land, ground, or real property of any description lying within the said city or within twelve miles of the limits thereof, not belonging to the Crown or vested in any officer, person or body for the public uses of the Province as may be necessary for enabling the said Corporation to carry this Act fully into effect, according to the true intent and meaning thereof, in the same manner, and under the same provisions, limitations and conditions, as if such land, ground, or real property lay within the City of Montreal, and were required for opening a new street or for any other purpose for which the said Corporation may lawfully take and enter into land, ground, or real property within the said city after paying, tendering or depositing the value thereof ; and it shall be lawful for the Governor or person administering tho Government, in Council, if he shall deem it expedient, and on such terms and conditions as to him shall seem meet, to grant or lease to the said Cor- poration such portion of the Beach or Ground covered by the Waters of the River Saint Lawrence or other river, or of any other lands of the Crown, or such right or privilege of using the steam or water of any such river, as may be necessary to enable the said Corporation, more fully to carry this Act into eflfect ; any Act or law to the contrary notwith- standing. (Jovcnior in Council may grant or leafo to the (Corpora- tion any Ueacli lots, or Crown lands, or riglit of using water of any stream. I 126 CITY CHARTER AND OTHER ACTS. 1§ m Tiio Corpora- 6. And be it enacted, That it shall be lawful foi* the said tion authori/.od , ii-i -rv • /-\iv to open streets Corporation, and their Agents, Deputies, Officers, Workmen, and erect works * i » • t i for conducting Servants and Assistants, to dig, break up, and remove the the water. , • soil, posts, sewers, drains, pavements and gravelled ways, of any of the public highways, roads, streets, squares, hills, market-places, lanes, open areas, alleys, yards, courts, waste grounds, footways, quays, bridges, gates, gateways, closes, ditches, walls, precincts and other passages and places within the said city, and within twelve miles of the limits thereof, doing no unnecessary damage in the premises, and to enter into, and make use of, any private lands or grounds, within the said city and within twelve miles of the nearest part thereof, and to dig and sink branches, and lay and drive pipes, and put, fix and establish stop-cocks, fire plugs, air- cocks and branches from such pipes, and to widen common passages, for the laying and fixing such pipes, and all such matters and things as aforesaid, in such places and in such manner, as they shall judge necessary, for conveying the water to the respective houses, offices and other tenements of the said inhabitants of the said city, and the parts there- unto adjacent, and from time to time, as occasion may require, to alter the position of, and to repair, relay and maintain such pipes, stop-cocks, plugs, machinery, conduct- pipes, devices, matters and works aforesaid, and to do and perform all such other Acts, as shall from time to time be necessary or proper, for completing, amending, repairing, improving, and using the works already made or provided, or to be made, done or provided, for the purposes aforesaid : Corporation not Provided always, that it shall not be lawful for the said Cor- pri"te*^proper- poration, or any person acting under their authority, to enter ty witliout con- . ,, -. • l i ^ i-ii- sentof tiieown- luto and make use oi any private lands or grounds Avithm the limits of the said city, and within twelve miles thereof, without the consent of the owner or owners thereof, except after paying, tendering or depositing the value thereof, as (jrounds open- hereinbefore provided : And provided also, that the respec- uig of pipes, tive persons, who shall open and break up, or cause to be and trenches to -ini. bo tilled, and opcnod. Or brokcu up, any ground, for laying, takin«; or tlie pavements ^..' . ,, o made good. repairing any pipe, or other work, as aforesaid, by virtue of i'? CITY CHARTER AND OTHER ACTS. 127 r the said Yorkmen, move the I ways, of res, hills, rts, waste ■fs, closes, ces within s thereof, i to enter ds, within irest part and drive plugs, air- a common d all such d in such eying the tenements irts there- ision may relay and conduct- o do and time be epairing, provided, foresaid : said Cor- to enter ds within thereof, )f, except icroof, as respec- sc to be aking or virtue of this Act, shall, and they are hereby required to take care. be. sage rougr preserve a free and uninterrupted pas- any street j lane, alley, road, square, public place, highway or other places, while the works are in pro- gress, and to cause the trenches to be filled in, and the pavement or ground made in as good a condition as before the commencement of the work, without any unnecessary delay, and the rubbish occasioned thereby to be carried away as soon as reasonably may be, and in the meantime, to cause the place where the ground shall be opened or broken up, as aforesaid, to be fenced or guarded with lamps or with watchmen during the night, so that the same may not be dangerous to passengers, upon pain of forfeiting for every neglect, to any person suing for the same, in a summary manner before any Justice of the Peace for the District, on the oath of one credible witness other than the party suing, a sum not exceeding five pounds, current money of this Pro- vince, over and above all such damages, as may be recovered against the said Corporation in any civil action. 7. And be it enacted. That where there are buildings wuen buildings within the said city, or the parts adjacent thereto, the dif- ditiei'entiiropii. 1 p 1 11 1 1 1 I'lv • etorsor ti'iiaiits, lerent parts whereot shall belong to dmerent proprietors, or how the coipo- ,,, ,. . nT«. 1 1-1 '■ntion is to act, shall be m possession of different tenants or lessees, the said making eatis- '■ . faction lor all Corporation shall have power to carry pipes to any part of damages, any building so situate, passing over the property of one or more proprietors, or in possession of one or more tenants, to convey the water to that of another, or in the possession of another, the pipes being carried up and attached to the out- side ot the building, and also to break up and uplift all pas- sages which may be a common servitude to neighbouring proprietors, and to dig and cut trenches therein for the pur- poses of laying down pipes or taking up and repairing the same, the said Corporation doing as little damage as may be in the execution of the powers granted by this Act, and making satisfaction to the owners or proprietors of buildings or other property, for all damages to be by them sustained in or by the execution of all or any of the said powers ; sub- ject to Avhich provisions this Act shall be sufficient to indcm- 128 CITY CHARTER AND OTHER ACTS. Waterworks so to be Hituatcd as not to ciulan- Kcr the public health or safety. CorporatioH to bo liable to pros- ecution for pub- lic or private nuisance. nify the said Corporation or their servants, or those by them employed, for what they or any of them shall do in pursuance of the powers granted by this Act. 8. And be it enacted. That the said Corporation shall so maintain or locate their Water Works and all apparatus and appurtenances thereunto belonging and appertaining or there- with connected, and wheresoever situated as in no wise to endanger the public health or safety : Provided always, that nothing in this Act contained shall prevent the said Corpo- ration, their Officers, Servants, or Workmen from being pro- secuted for public or private nuisance arising from the said Water Works, or any apparatus or appurtenances thereof, wheresoever situated, or from any neglect or want of skill on the part of the persons employed by the said Corporation, or to prevent the effect of any sentence or judgment lawfully rendered upon any such prosecution. 9. And be it enacted. That if any person or persons shall lay or cause to be laid any pipe or main to communicate with any pipe or main belonging to the said Corporation, or in any way obtain or use its water without the consent of the said Corporation, he or they shall forfeit and pay to the said Corpora,tion the sum of twenty-five pounds current money of this Province ; and also, a further sum of one pound for each day such pipe or main shall so remain ; which said sum, together with costs of suit in that behalf incurred, may be recovered by civil action in any Court of Law in this Pro- vince, having civil jurisdiction to that amount. 10. And be it enacted, That in order to preserve the water now or hereafter to be conveyed into the said city, and the parts thereunto adjacent, clean and wholesome, if any person shall bathe or wash, or cleanse any cloth, wool, leather, skins, animals, or any noisome or offensive thing in any of the re- servoirs, cisterns, ponds, sources or fountains, from which the water to supply the said City is to be obtained or con- veyed, or cast, throw or put any filth, dirt, dead carcasses, or other noisome or offensive things therein, or cause, permit, or suffer the water of any sink, sewer or drain to run or be conveyed into the same, or cause any other annoyance to be I'enalty on pro- curin<; water without the consent of the Cori)oration, from their Water Works. I'cnaltics on t)ersons pollut- ing waters in reservoirs. CITY CHARTER AND OTHER ACTS. 129 ) by them 3ursuance n shall so Lratus and 5 or there- 10 wise to (vays, that lid Corpo- 3eing pro- m the said 8 thereof, of skill on oration, or it lawfully rsons shall nicate with tion, or in lent of the to the said money of d for each said sum, |d, may be this Pro- the water f, and the [iny person ler, skins, lof the re- rom which bd or con- sarcasses, le, permit, Irun or be Ince to be done to the water therein, every such person shall, on con- viction thereof before any Justice of the Peace of the District, on the oath of one credible witness, be by the said Justice before whom such person shall bo tried or convicted, adjudged and condemned to pay a penalty for every such offence, not exceeding five pounds, current money of this Province, one half to be applied to the use of the said Corporation, and the other half to him or her who shall sue for the same ; and in case the party suing for the same shall be the Corporation itself, or any of their Officers or Servants, then the whole of the said penalty shall be applied to the uses of the said Cor- poration, and the said Justice may also in his discretion further condemn such person to be confined in the Common Gaol of the District for a space of time not exceeding one month, as to such Justice may seem meet. 11. And be it enacted. That if any person or persons shall Penalty on per- wilfully or maliciously hinder, obstruct, embarrass or interrupt or injuring the said Corporation, their Agent, or Agents, Officers, Work- works, men. Servants or Assistants, or any of them, in making, erecting, repairing or doing or performing any of the works aforesaid, or in the exercise of any of the powers and authori- ties by this Act granted, or shall break up, pull down, take away, put out of order, destroy, damage, or injure, any engine, water-house, pipe, plug or other works, or any matter, apparatus, device, or thing already made or provided, or which shall be made or provided for the purposes aforesaid, or any of the materials used or provided for the same or or- dei'ed to be erected, laid down or belonging to the said Cor- poration in connexion with the said works, or shall in any wise Avilfully do any other injury or damage for the purpose of obstructing, hindering, interrupting or embarrassing the construction, completion, maintaining or repairing of the said works, or in any wise cause or procure the same to be done, every person or persons so offending shall, for every such offence, forfeit and pay to the said Corporation the amount of damages sustained by means of such offence or injury, to be recovered by the said Corporation, with costs of suit, by 130 CITY CHARTER AND OTHER ACTS. Mi Corporation may make IJy- la\v8 for tlio rc- frulatioii, inaiii- foimiicc, and pnotoetion of the Watr be paid such de- in in the time the ond shall rsons who 10 bearing le time of or names, he month debenture the said perform said City 3hall have u bond in sons shall )rporation this Act, ement or any such ion bond, ounterfeit 1 demand >rporation nth such lereon or )n or per- the same, City TreaKuror to ciKlorso tlio payinont of in- terest on tU'bcn^ turo. wnig the debenture or Corporation bond, so tendered in payment or demanded to be exchanged, or tho endorsement or writing thereon or therein, to b§ forged and counterfeit, and with intent to defraud the said city, or the person aj^pointed to pay off the same, or any of them, or any other person or persons, bodies politic or corporate, then every such person or persons so offending, being thereof convicted, shall be ad- judged a felon, and shall be liable, at the discretion of the Court before which ho, she or they may be tried, to be con- fined at hard labour in the Provincial Penitentiary, for any period not less than three years, or to be imprisoned in any other Prison or place of confinement for any period not ex- ceeding two years. 19. And be it enacted. That it shall be the duty of the City Treasurer aforesaid, whenever called upon to pay or allow the interest upon any of the debentures or Corporation bonds issued under the authority of this Act, to take care to have the same endorsed on such debenture or Corporation bond at the time of payment thereof, expressing the period up to which the said interest shall have been so paid. 20. And be it enacted, That at any time after the de- bentures or Corporation bonds, or any of them that shall be issued under the authority of this Act, shall respectively become due according to the terms thereof, it shall and may be lawful for the Corporation aforesaid, if they shall think proper so to do, to direct a notice to be inserted in two or more of the Newspapers published in the said city, in the English and French languages, requiring all holders of the said debentures or Corporation bonds to present the same for payment, according to the conditions thereof; and if after the insertion of such notices for three months, any debentures or Corporation bonds then payable shall remain out more than six months from the first publi- cation of such notice, all interest on such debentures or Corporation bonds, after the expiration of the said six months, shall cease and be no further payable in respect of the time which may elapse between the expiration of the said six months, and their presentment for payment. Coriioration by notice to cnll in di'bonturos over due, and inter- est to stop on debentures call- ed in after six months slinll have expired. 134 CITY CIIAUTER AND OTHER ACTS. Corpnriitioii niiiy cftll in do- benluii'H licfoni tlicy nro iiiiidc i)nyiil)li>, itnil nf- ter hIx iiioiitliH' iiotieo ull inter- est tliorcon to bo stoi)iiuil. Corporation not to bo pro- vented from "borrowinfj mo- ney for tlie gen- eral purposes of thecity, asliere- tofore. I'articularstate- mentg of tlic re- venue and ex- penditure of tlie VVaterWorlcs to be Ivept and an- nually publish- ed. 21. And 1)0 it enacted, Tliat whenever it shall be deemed expedient by the said Corporation to redeem the said de- bentures or Corporation bonds, or any of them, at any time prior to the date at which the same may be made payable, with a view to diminish the debt to be contracted in the purchase of the said Water Works, it shall and may be law- ful for the said Corporation to diroct a notice to bo inserted in all the newspapers published in Axo said City of Montreal, requiring all holders of the said debentures or Corporation bonds to pi'osont the same for payment ; and if after the insertion of such notice for three months, any debentures or Corporation bonds, then issued, shall remain out more than six months after the first publication of such notice, all inter- est on such debentures or Corporation bonds, after the expiration of the said six months, shall cease and be no further payable in respect of the time Avhich may elapse between the expiration of the said six months, and their pre- sentment for payment. 22. And be it enacted. That nothing in this Act contained shall extend or be construed to extend to diminish the power and authority of the Corporation, aforesaid, hereafter to borrow on the credit of the said city, for the general uses and purposes of the said city, as fully and effectually as though the said city were not indebted for the purchase of the Water Works as aforesaid, or that debentures or Cor- poration bonds had not been issued by them for the amount or purchase thereof, or as if this Act had not been passed, any Act, Statute or Law or provision thereof to the contrary notwithstanding. 23. And be it enacted, That the said Corporation shall be, and they are hereby required to keep or cause to be kept separate books and accounts of the receipts and dis- bm-scments for and on account of the said Water Works, distinct from the books and accounts relating to the other property, funds or assets belonging to the said city, and shall annually, on or after the first day of January in each and every year, cause a statement of the affairs of the said Water Works to be published in two or more of the News- CITY CHARTER AND OTHER ACTS. l.'Jf) 3 deemed said dc- aiiy time payable, d in the f be law- inserted ^lontreal, rporation ifter the ntures or lore than all inter- ifter the id be no ly elapse ;heir pre- jontained le power ;after to 3ral uses ually as chase of or Cor- amount jjassed, contrary on shall to be and dis- Works, le other ity, and in each the said e News- papers of the said city, in the English and French lan;!;ua;j!cs, wherein shall be stated, the amount of the rents, issues and profits, arisin;^ from the said Works, the number of tenants supplied with water, the extent and value of the movable and immovable property thereunto belonging, the amount of debentures or Corporation bonds then issued and remain- ing unredeemed and uncancclfed, and the interest paid thereon, or yet due and unpaid : the expenses of collection and management, and all other contingencies, salaries of officers and servants, the cost of repairs, improvements and alterations, the prices paid for the acquisition of any real estate that may bo required for the use of the said Water Works, as also the value received for any real estate that may bo sold and disposed of by the said Corporation, and generally such a statement of the revenue and expenditure of the said Water Works as will at all times afford to the Citizens of the said City of Montreal, a full and complete knowledge of the state of the affairs of the said Montreal Water Works. 24. And be it enacted, That nothing in this Act contained Act not to pic- shall extend or be construed to extend to prevent any person Water works, or pei'sons, Jiody Corporate, rolitic or Collegiate, from con- i.cKisiuturo. , structing any Works for the supply of water to his or their own premises, or to prevent the Legislature of the Province at any time hereafter, from altering, modifying or repealing the powers, privileges or authorities hereinbefore granted to or obtained by the said Corporation. 25. And be it enacted. That nothing herein contained liipiifs of tbo shall affect or be construed to affect, in any manner or Avay savtci. ' whatsoever, the rights of Her Majesty, Her Heirs or Suc- cessoi's, or of any person or persons, or of any Podies Politic or Corporate, except such only as are herein mentioned. 20. And be it enacted. That if any action or suit shall be Limitation of brought against any person or persons for any thing done in pursuance of this Act, the same shall be brought within six calendar months next after the fact committed, or in case there shall be a continuation of damages, then within six calendar months after the doing or committing such damages, actions. 180 CITY CIIAUTER AND OTHER ACTS. (ii>ni>ra1 Innuo itiiil Mpi'cinI iniit- tor in pvldeiico. Troblo ooKts. OrdiiiuiicPH in- corpiM'titinK tlio ('Ity oi' Mon- treal, In 80 fur iiM Hioy ar<* not ri'iinKnnnt to tills Act, to ROV- orn any nuitter rc(|iiiri'(l under this) Act. All Acts or i)ro- visions of law, repugnant to or inconsistent witli thisAct, to be re))oaIed, ex- cept lis to past transactions. shall cease, and the Defendant or Defendants shall and niay plead the general issue and give this Act and the special matter in evidence at any trial to he had thereupon, and that the same was done in pursuance t)f and under the authority of this Act; and if it shall appear to have heen so done, or if any such action or suit shall ho hrou<^ht after the time before limited for bringing the same, then the judgment shall be entered for the Defendant or Defendants, or if the Plaintiff or Plaintiffs shall become nonsuit or shall suflfer dis- continuance of his or their action or suit, after the Defendant or Defendants shall have appeared, or if a judgment shall bo entered against the Plaintiff or Plaintiffs, or if upon ex- ceptions or otherwise, judgment shall bo given against the Plaintiff or Plaintiffs, tho Defendant or Defendants shall have treble costs, and shall have such remedy for tho same, as any Defendant hath for costs of suits in other cases of law. 27. And be it enacted. That all tho enactments and pro- visions of tho Ordinance of the Governor and Special Council, of the late Province of Lower Canada, passed in tho fourth year of Her Majesty's Reign, and intituled. An Ordinance to incorporate the City and Town of Montreal, as amended by a certain Ordinance of tho Governor and Special Council aforesaid, passed for that purpose, also in the fourth year of Her present Majesty's Reign, and intituled. An Ordinance to amend the Ordinance to incorporate the City and Towv of Montreal, shall, in so far as they shall not bo repu|^i,imt to or inconsistent with, the ex[)roa8 enactments auvl evident intent of this Act, extend to, and govern each and ev«ery act and thing required or authorized to be perfornul and done, under tho authority of this Act, as if this Act had formed part of the said last mentioned Ordinances, or of either of them. 28. And be it enacted. That all Acts or Provisions of Law in force in this Provhice, or in any part thereof, before or up to the time when this Act shall come into force, which shall be inconsistent with, or contradictory to this Act, or which make any provision in any matter provided for by this Act, other than such as is hereby made in such matters, shall. CITY C'IIAUTi;H ANI» OTHKK AOTrf. v\: and may 10 special , and that authority ) dono, or tlio time judj^ment , or if tho suffer dis- [)ofendant nent shall ' upon cx- gainst the shall have ) same, as 8 of law. ,H and pvo- al Council, tho fourth Ordinance amended al Council th year of Ordinance i Toivn V)f lUgliilUt to vl evident every act and done, id formed either of from and after tlio time when this Act shall como into force, ho and they arc hereby repealed, except in ho far as may » relate to any circumstuHco, act or thin'^ occurrin;^, done, or efiected before tho commencement of this Act, which shall be dealt with; adjudged upon, and determined, as if this Act had not been [)assed. 29. And bo it enacted. That this Act shall be and is hero- t.. Im> ,i....ii.. .i » by declared to be a Public Act, and shall as such be judicially taken notice of by all Judges, Justices and other persons in ^ this Province, without being specially pleaded. ns of Law bre or up hich shall or which this Act, ers, shall, 138 CITY CHARTER AND OTHER ACTS. (16 Victoria, Cap. 127.) An Act to authorize the Mayor, Aldermen, and Citizens of the Citv of Montreal to bor- row a certain sum of money, and to erect therewith Water Works for the use of the said city, and to extend and amend the provisions of any Act relating thereto. {Sanctioned 23rd May, 1853.) rrtambie. TTIHEREAS, the present supply of water for the City IT of Montreal, and the mode adopted for supplying the same, have been found to be insufficient ; And whereas it is necessary greatly to increase that supply ; And whereas the Mayor, Aldermen and Citizens of the said City of Montreal by their Petition have prayed that powers be granted them for that purpose : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parlia- ment of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it I'l-ovisioiis of 7 is hereby enacted by the authority of the same, That all and V. 0. 44 CX" V V V tondod. ' every the powers, privileges and authority of the Corporation of the said City of Montreal under the Act of the Parliament of this Province passed in the seventh year of Her Majesty's reign, and intituled, An Act to authorize the Mayor, Alder- men and Citizens of Montreal to purchase, acquire and hold the property now known as the Montreal Water Works, shall, in so far as the same apply to the construction and extension of Water Works in the City of Montreal and the parts adja- CITY CHARTER AND OTHER ACTS. 139 ermen, to bor- erect of the nd the ito. the City )lying the sreas it is lereas the Montreal lited them Queen's id consent isembly of by virtue le Parlia- Ireland, l^per and ia, and it it all and brporation larliament [ajesty's Ir, Alder- and hold \rk8, shall, (extension irts adja- cent thereto, be and belong to the said Corporation for the erection and construction of the Water Works constructed or erected, or intended so to be, under this Act ; and all and every the clauses of the said /. ct shall be held to be a portion of this Act, in every particular thereof not inconsistent with the provisions hereof. 2. And be it enacted, That for the purpose of establish- torpomtion ' 'I emi)owcri>ii to ing the said Water Works as aforesaid, it shall and may be a°""]ggue^'',i^. lawful for the said (Corporation to borrow a sum not exceeding bcntmos. , one hundred and fifty thousand pounds sterling money of Great Britain, before or after the completion of the said Water Works, and to issue under the hand of the Mayor and the seal of the said Corporation, debentures or Corporation bonds, to the said amount of one hundred and fifty thou- sand pounds sterling, aforesaid, payable on or before the first day of November, in the year of our Lord, one thousand eight hundred and seventy-eight, and bearing interest, pay- able semi-annually, on the first days of November and May in each and every year, and at a rate not exceeding six per centum per annum ; and all such debentures may be in any form not inconsistent with this Act, and may have coupons thereunto annexed for the half yearly interest thereon, which coupons being signed by the Mayor or Treasurer of the Corporation, shall be respectively payable to the bearer there- of, when the half yearly interest therein mentioned becomes due, and shall, on payment thereof, be delivered up to the Corpora- tion ; and the possession of any such coupon by the Corporation shall be primd facie evidence that the half year's interest therein mentioned has been paid according to the tenor of such debenture ; and all the provisions of this section shall rrovisious to apply as well to the debentures heret .ibre issued as to those tures'airoadyS"^ to be issued after the passing of this Act ; and all such de- bentures, and as well the interest as the principal thereof, are and shall be secured on the general funds of the said Corporation, as well as by the special privilege on the Water Works mentioned in the fifteenth section of the Act above cited, which said privileges shall nevertheless only rank in order next after the privilege secured to the holders of bonds 140 CITY CHARTER AND OTHER ACTS. DeboiilurtM imiy bo pnyablo I'itlier within or without tlio rrovinco, &c. Watei' Works iiledgod for the loan contracted uudor this Act. (.'oiporation may sell exist- ing Water Wirks. issued under the provisions of the said Act, passed in the seventh year of Her Majesty's reign, or of any Act or pro- vision of law in amendment thereof. 3. And be it enacted. That any sums which the said Corporation is empowered to boTrow under this Act, may be borroAved either in this Province or elsewhere, and the prin- cipal sum and interest thereon as aforesaid may be made payable either, in this Province or elsewhere, and either in the currency of Canada, or in that of the place where the same shall be payable ; and generally all the provisions of the Acts now in force as to debentures issued by the said Corporation shall apply to those to be issued under this Act, except only in so far as they may be inconsistent with this Act. 4. And be it enacted. That the said Water Works to be erected and constructed under this Act, and also the land to be acquired for the purposes thereof, and every matter and thing therewith connected, shall be and they are hereby spe- cially charged, pledged, mortgaged and hypothecated for the repayment of any sum or sums wbu;! . bo borrowed by the said Corporation for the purpose ^ ' his Act, as well as for the due and punctual payment of the interest there- upon ; and all, each and every of the holders of the Dcr bentures in the last previous section mentioned shall have a concurrent pledge, mortgage, hypothec or privilege on tlie said Water Works and property appertaining thereto for securing the payment of the said debentures and the interest thereon. 5. And be it enacted, That the said Corporation shall have power to sell, alienate, lease, and convey all or any parts of the existing Water Works and property appurtenant thereto or connected therewith, and to let and lease for life or for years, or for any number of years, any water privileges or ground therefor, belonging or appertaining to the said Cor- poration or which may be acquired by the said Corporation for the purposes of the said Water WorlsS, upon such terms and conditions as to the said Corporation may appear just and expedient. CITY CHARTER AND OTHER ACTS. 141 ied in the Lct or pro- the said ;t, may be . the prin- Y be made ther in the same shall Acts now ation shall only in so )rks to be he land to latter and 3reby spe- ;ed for the rrowed by t, as well est there- the Der ill have a ;e on the lereto for le interest shall have Y parts of nt thereto life or for vileges or said Cor- )rporation iich terms )pear just 6. And be it enacted, That for and notwithstanding any now comi-ciiMi- .,., , lion lor imtiicr- thmg to the contrai'y contanied m the nith or any other sec- ty taken. &c., tion of the said Act passed m the seventh year of Her case of non- Majesty's reign, and incorporated with this Act as aforesaid, the price or compensation to be paid by the said Corporation for or in respect of any real property to be taken or entered into by them in pursuance of the said Act or of this Act, not being within the limits of the said city, shall bo ascertained, fixed and determined not by a jury, as provided by the sixty- eighth section of the Act passed in the session held in the fourteenth and fifteenth years of Her Majesty's reign, in- tituled, An Act to amend and consolidate the provisions of u, 15 v.,i-. 128. the Ordinance to incorporate the City and Town of Mon- treal, and of a certain Ordinance and certain Acts amending the same, and to vest certain other poivers in the Corporation of the said City of Montreal, but by appraisers to be indiifer- ently chosen, in manner following, to wit, one by the said Corporation, another by the said person (U* party, and a third or umpire, only in case of difference of opinion between them, by the said two others ; and in case of the person or party neglecting to choose and appoint an appraiser within four days after notice in writing to that effect served upon him by or on behalf of the said Corporation, or in case of the apprai- sers chosen and appointed not agreeing upon the nomination of such third or umpire, an appraiser for such party or such third shall be appointed by any of the Judges of the Superior Court residing at Montreal ; and the said appraisers and third Jin.io oi pr... or umpire shall be sworn before such Judge before their aium'is.i's. operation, which shall be conducted in the manner provided by the law of Lower Canada for proceedings hy experts; and they shall hear any witnesses who may be brought before them in relation to the matter of the said appraisement, the said witnesses first sworn before a Judge or a Commissioner for taking affidavits or before any one of the said appraisers ; and the decision of the said two appraisers if they shall agree, or of any one of 'the said appraisers and the umpire shall bo conclusive, notwithstanding any want or defect of form in their proceedings. 142 CITY CHARTER AND OTHER ACTS. Corporation may extend thoir works thirty miles from tlie city. Itridgcs to bo built by the Corporation in cortuin cases. Corporation may piircliase i-(>i'tain pro- perty, with tlie consent of tlie owners. t Jorporation make fences. to 7. And be it enacted, That the said Corporation shall have power to extend all or any of their works for the said Water Works, to a distance not more than thirty miles from the limits of the City of Montreal : and all and every the provisions of law under the said Act in the first section of this Act mentioned, shall apply to the said extension, save and except as is herein and hereby expressly excepted. 8. And be it enacted. That if the said Corporation shall conduct the water for the supply of the said city and parts adjacent thereto under this Act, by or through a canal, the said Corporation shall have the power to lay out a road on either or both sides of the said canal, and upon the land by them acquired for the purposes thereof, of such width as the said Corporation shall deem expedient for public use or for the agricultural purposes of the proprietors through whose lands the said canal shall pass ; and the Corporation shall, at their own expense, construct and maintain a good and suffi- cient farm bridge with a hand rail on each side thereof across the said canal, opposite, or as nearly so as possible, to the centre of the width of each farm divided in its length by the said cOiUal, unless it shall be otherwise agreed upon in any case between them and the proprietor of any such farm. 9. And be it enacted, That it shall be lawful for the said Corporation to purchase and acquire, take and hold with the consent of the proprietor or other person having the right to sell or dispose of any real or immovable property intersected or divided b}^ the line of the said canal, the rear portions of such property separated by the said canal from the residue thereof, as shall not be necessary for the purposes of the said Water Works ; and it shall be lawful for the said Corporation there- after to sell the same for the benefit of the said Water Works in the manner hereinafter mentioned. 10. And be it enacted. That the said Corporation shall con- struct and maintain, at their own expense, good and suflScient fences and ditches on each side of the land acquired by them for the purposes of the said canal, and along the lines of division between tlie same and the propertieB on either side thereof. CITY CHARTER AND OTHER ACTS. 148 11. And be it enacted, That it shall be lawful for the said corporation . may drodRO flio Corporation, and they are hereby authorized, to dredge, i\t|,';s;.^,"j[l«''"^^|j widen, deepen, and otherwise improve the little river, brook, pnivuio for tiu. or stream known as the River St. Pierre from the place surplus water. where it may be reached, crossed or intersected by the said canal to its mouth, in such way and to such extent as may be necessary to adapt it to the reception and discharge of the waste or surplus water or drainage and leakage from the said canal or to make a new tail-race or discharge apart from the said little river ; and for any such purpose, as well as for the purpose of making all such and so many catchwater and oflF take drains as may be found necessary in connection with the said canal, or for the purpose of diverting the drainage thereof or therefrom in other directions, by themselves, their deputies, agents, workmen and servants, at any time to enter into and upon and pass and repass over, across and along any lands and premises within the said distance of thirty miles from the said city, doing as little damage as possible and paying to the owner or other occupier thereof, or person interested therein, such compensation as may be agreed upon or as may be awarded in that behalf by appraisers chosen and appointed for the purpose of ascertaining, fixing and determining the same in the manner hereinbefore provided. 12. And be it enacted. That it shall not be lawful for the in what manner said Corporation to sell or lease any real or immovable pro- ration siiaii Joii perty under this Act otherwise than by public auction, to be perty under thin held at some certain time and place within the said city, of which at least fifteen days' public notice shall be given, by advertisement in at least one newspaper published in the said city in the English language, and in at least one other news- paper published in the said city in the French language, which said advertisement shall be published at least six times in each of the said newspapers during the said period of fifteen days. 13. And be it enacted, That this Act shall be held to be a Public Act. Public Act. 144 CITY CHARTER AND OTHER ACTS. rrcniublc. (19 Victoria, Cap. 70.) An Act to authorize the Mayor, Aldermen and Citizens of the City of Montreal to borrow a sum of fifty thousand pounds for the purpose of completing the new Water Works in the City of Montreal. (Assented to 19th June, 1856.) WHEREAS the Mayor, Aldermen and Citizens of the City of Montreal have, by their Petition, represented that, in order to complete the New Water Works, now in course of construction in the City of Montreal, a larn;er sum of money will be required than they have it in their power to borrow, and they have prayed to be authorized to borrow a further sum not exceeding fifty thousand pounds to be applied solely to the construction of said works : Therefore, Her Ma- jesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as foUoAvs : coipoiatiofl 1. It shall and may be lawful for the said Corporation, for toUooo sterling the Durposc of Completing the Water Works now in course of on tho security , . ,, ' /-i-, o nr i ^ , ^ of tiio Water construction m the City ot Montreal, to borrow a sum not \Vorks exceeding fifty thousand pounds sterling money of Great Britain, in addition to any sum they are now authorized to borrow for the same purpose, and to issue, under tho hand of the Mayor and the seal of the said Corporation, debentures or Corporation bonds, to the amount of the said sum of fifty thousand pounds sterling, payable on or before the first day of November, one thousand eight hundred and eighty-one, and bearing interest, payable semi-annually, on the first days of November and May in each and every year, and at a rato Form of dc'oen. not exceeding six per centum per annum ; and all such de- turcif, &c. bentures may be in any form not inconsistent with this Act, and may have coupons thereunto annexed, for the half-yearly CITY CHARTER AND OTHER ACTS. 145 Idermen treal to lunds for vv Water zens of the represented rks, now in larf^er sum eir power to ito borrow a ) be applied e, Her Ma- Legislative vs: loration, for n course of a sum not Y of Great ithorized to :he hand of debentures urn of fifty \G first day lighty-one, first days Id at a rato ,11 such de- 1 this Act, alf-yearly interest thereon, which coupons being signed by the Mayor or Treasurer of the Corporation, shall be respectively payable to the bearer thereof, when the half-yearly interest therein mentioned becomes due, and shall, on payment thereof, be delivered up to the Corporation ; and the possession of any To ho spcmcd •^ by KiH'cinl in'l such coupons by the Corporation shall be primd facie evi- v^w on tiu- denco that the half year's interest therein mentioned has V!"'*^^'" '„^' •' 44, as well u C(l oiiprnl tho c. UK on been paid according to the tenor (f such debenture ; and all " ^^f™,*: such debentures, as well the interest as tho principal thereof, ^"fg',iJ,"* i,„f,',\^ shall be secured on the general funds of the said Corporation, as well as by special privilege on the said Water Works mentioned in the fifteenth section of the Act passed in tho seventh year of Her Majesty's reign, intituled, An Act to authorize the Mayor, Aldermeyi and Citizens of Blontreal to purchase, acquire and hold the property now known as the Montreal Water Works, which said privilege shall neverthe- less only rank in order next after the privilege secured to the holders of bonds issued under the provisions of the said Act, or of any Act or provision of law in amendment thereof, or subsequent thereto, and prior to the passing of this Act. 2. Aay sum which the said Corporation is empowered to DebenturoH borrow under this Act may be borrowed in this .Province in ranncin or , ,, .., !■, 1 t'lscwlioi'c, and or elsewhere, and the pnncipal sum and mterest thereou in currency or ... Bterling. as aforesaid may be made payable cither in this Province or elsewhere, and either in the currency of Canada or in that of the place where the same shall be payable, and generally all the provisions of the Acts now in force as to the debentures issued by the said Corporation shall apply to those to be issued under this Act, except in so far as they may be inconsistent with this Act. 3. The said Water Works now in construction in the said water works, City of Montreal, and also the land acquired for the purpose repayment of of the said Water Works,. and every matter and thing there- rowed under this Act. with connected, shall be and they are hereby specially charged, pledged, mortgaged and hypothecated for the re- payment of any sum or sums which may be borrowed by the said Corporation under this Act, as well as for the due an'^ punctual payment of the interest thereupon. 146 CITY CHARTER AND OTHER ACTS. Tho iiuiiicy inny "t. It shall bo lawful for the said Corporation to borrow the iimii'r ihV.', said sums of money under the provisions of the Act passed in the eighteenth year of Her Majesty's reign, intituled, An Act to extend and amend the Act to estallish a Consolidated Municipal Loan Fund for Upper Canada, by applying the mine to Lower Canada, and for other purposes. Drrow the ;t passed ;uled, An soUdnted dying the (24 Victoria, Cap. 67.) An Act to authorize the Mayor, Aldermen and Citizens of the Citv of Montreal to borrow an additional sum for the purpose of completing the new Water Works in the said city, and to restrict the annual expenditure of the Council of the said city within certain limits. {Assented to \^th May, 1861.) ¥HEREAS, it is necessary for the good working of the Prenmbic. Water Works of the City of Montreal, to complete certain works and to make new ones ; and whereas the Council of the said city have, by their petition, ask^d for the authority they require to borrow the sum necessary for that purpose ; and whereas it is expedient to restrict tho annual expenditure to be made by the said Council within certain limits : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. All the powers, privileges and authority already pos- Acts 7 v., c. 44, sessed by the Corporation of the said city, in and by the Act incorporated seventh Victoria, chapter forty-four, and by the Act sixteenth Victoria, chapter one hundred and twenty-seven, are hereby conferred upon and shall appertain to the said Corporation, in so far as they may apply to the purposes of this Act, and the same may be required for the objects hereinafter men- tioned ; and each and every section of the two above cited Acts shall be held to form part of the present Act, in so far as the same may be consistent with the provisions of this ' . Act. 148 CITY CIIARTKR AND OTHER ACTS. (lorporntlon may i\iorpBflo tlioi)owcrlii tho WllPt'l-IlOllWC, and coDHtriict a tnil-rncp. Corporation nn»y borrow «'i«)0,000 for certain pur- poses relating to tlio Water \Vorlalarm Telegraph in the said city, the more effectually to puii.'u against accidents by fire, and to subserve also the purposes of the T*olice and Water depart- ments ; and wh jrf,as the Council of the said city have, by their petition, ab«ced for the authority they require, to borrow the sums necessary for the purposes above referred to, and it is expedient to grant such prayer : Therefore, Her Majesty, by and with the advice and consent of the Legislative Coun- cil and Assembly of Canada, enacts as follows : 1. For the purpose of draining the localities above referred lobh of .*i75, to, and also to assist the said Corporation in making the ira- payable as follows, viz : 1. Twenty-five thousand pounds on the first of March, one thousand eight hundred and fifty-seven ; 2. Twenty-five thousand pounds on the first of June, one thousand eight hundred and fifty-nine ; 8. Twenty-five thousand pounds on the first of October, one thousand eight hundred and sixty-one ; 4. Twenty-five thousand pounds on the first of October, one thousand eight hundred and sixty-three ; 5. Twenty-five thousand pounds on the first of September, one thousand eight hundred and sixty -five ; u 154 CITY CHARTER AND OTHER ACTS. 10 v., c. 39. And whereas an Act was passed in the sixteenth year of Her Majesty's reign, intituled, An Act to enrpower any Mailtvay Company whose Railway forms part of the Main Trunk Line of Railway throwfliout this Province, to unite with any other such Company, or to purchase the property and rights of any such Company, and to repeal certain Acts therein mentioned, incorporating Railway Companies ; and whereas under the powers and provisions of the hereinbefore last cited Act, the said St. Lawrence and Atlantic Railroad Company has been united with and incorporated into the Grand Trunk Railway Company, under the name of " The Grand Trunk Railway Company of Canada," upon certain terms and conditions embodied in an agreement made and passed between the Directors of the said St. Lawrence and Atlantic Railroad Company, and the said Grand Trunk Rail- way Company, bearing date the twelfth day of April, one thousand eight hundred and fifty-three, and which agreement has since been ratified and confirmed by an Act passed in the 18 v., c. 83. eighteenth year of Her Majesty's reign, intituled, Ari Act to amend the Acts relating to the Grand Trunk Railway Company of Canada ; and whereas the said Grand Trunk Railway Company have, by the said amalgamation and by the said agreement of the twelfth of April, one thousand eight hundred and fifty-three, assumed and become responsible for all the liabilities and debts of the said St. Lawrence and Atlantic Railroad Company, including the payment of the bonds or debentures hereinbefore referred to ; and whereas the said Grand Trunk Railway Company have, by virtue of the said amalgamation and of the said agreement, paid and redeemed the first and second instalments of the said bonds or debentures, amounting to twenty-fivo thousand pounds each, and respectively due on the first of March, one thou- sand eight hundred and fifty-seven, and first of June, one thousand eight hundred and fifty-nine, as aforesaid ; and whereas the said Grand Trunk Railway Company have failed to meet the payment of the third instalment of the said bonds or debentures, due on the first of October last past, as well as the interest accrued on the said bonds or debentures since CITY CUARTER AND OTHER ACTS. 155 ti year of ower any the Main e, to unite ; property rtain Acts nies; and reinbefore 1 Railroad 1 into the of " The on certain made and ,'rence and runk Rail- April, one agreement ssed in the rl, An Act c Uailway md Trunk and by the and eight onsiblc for •encc and nt of the whereas virtue of paid and aid bonds id pounds one thou- June, one laid ; and avc failed iiid bonds it, as well ures since Loan of i?3W),00(i autliorizcd, to pay otr rointiin- tler of the Kiiid loan, if not lo- OTHER ACTS. lo7 jontained right or is against mada, as jbentures rence and tie obliga- l interest •\ink Rail- its full hing con- lotliing in the said liabilities ayraent of )f the said Lawrence the agree- pompanies and fifty- h the pro- repealed. (18 Victoria, Cap. 142.) An Act to transfer to the City of Montreal, all the property, rights and privileges hereto- fore enjoyed by the Wardens of the House of Industry, in the City of Montreal, and for other purposes. (Assented to 19th May, 1855.) WHEREAS by an A.ct of the Legislature of Lower ricambif. Canada, passed in the fifty-eighth year of the reign of King George the Third, intituled, An Act to establish a Act of l. c, sh *= f , ' ' . Geo. Ill, c. ]■). House of Industry m the City of Montreal, a corporation and body politic and corporate by the name of the Wardens of the House of Industry in the City of Montreal, was erected and established for carrying into effect the last will and testament of the late John Conrad Marsteller, who died on the seventeenth day of May, one thousand eight hundred and eight, having by his said will bequeathed certain real and immovable estates, and the rest, residue and remainder of all and every his estate, property and effects, after payment of his debts and legacies, for the purpose of establishing in the said City of Montreal, a House of Industry ; and whereas the said Corporation so established hath been found ineffectual for the proper establishment and management of the said House of Industry, and the benevolent intentions of the said John Conrad Marsteller in bequeathing the aforesaid estate and property are thereby likely to be defeated, unless the control and direction of the affairs of the said House of Industry be transferred to and vested in other management ; And whereas by the joint petition of the said Wardens of the said House of Industry and of the Corporation known as The Mayor, Aldermen and (Jitizens of the City of Montreal, it is prayed that the powers, rights and privileges conferred on 158 CITY CIIAUTER AND OTHER ACTS. |ff nm The said Act, and tlioTtUGco. IV, c. 4, and 9 (jCO. IV, c. 43, amending it, repealed. ]*r()i)crty now hold for the Naiy-lawB and the j. ointment of overseers and other officers fov the \>ell gt • erning and management of the said Housr of Industry and of the estate and property thereof, as liuiy by them be deemed necessary effectually to carry out the objoct of the la>c eTJ^n Conrad Marsteller, as expressed in Lis said will ; Aiid whereas it is believed that the purposes for which tJio •lid jaio John Conrad Marsteller so bequeathed the said j.Topei 'y will be more effectually accomplished by such transfer of the said estate, property and effects to the sold Mayor, Aldermen and Citizens of the City of Montreal: T?e it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legisla- ti< e Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Govcrntnent of Canada, and it is hereby enacted by the authority of the same, as follows : 1. From and after the passing of this Act, the said Act of the Parliament of Lower Canada, passed in the fifty-eighth year of the reign of King George the Third, chapter fiftcs>n, and the several Acts of the said Parliament of Lowe*' Canada amending the same, passed in the second year t"»f the reign of King George the Fourth, in the seventh yc^^r a^kI in the ninth year of the said reign, shall be and the same are hereby repealed. 2. From and after the psssing of this Act, the real or immovable estates, and the rest, residue and remainder of all and every the estates, property and eftects, atWr the pay- ment of his just debts and legacies, left by the sa\\\ Uito John CITY CHARTER AND OTHER ACTS. 159 Conrad Marstellcr under and by virtue of his said last will and testament, for the purpose of establishing in the said City of Montreal a House of Industry, and all and every the real and personal estate, property, chattels and effects in any way belonging and pertaining to the said Corporation or body politic and corporate, known as The Wardens of the Home of Indna- try in the City of Montreal^ in the hands and possession of whomsoever the same may be, shall vest in and become and be the property of the said Mayor, Aldermen and Citizens of the City of Montreal, for the purpose of sustaining and keep- ing up in the said City of Montreal a House of Industry, as contemplated and provided for by tlie said will of the j^aid late John Conrad Marsteller ; and the said Mayor, Aldermen Powers of tiic and Citizens of the City of Montreal shall and may take and t.,-.iu-hi>rt)- claim, and if necessary, sue for and recover the same, of and from the said Wardens and every of them, and of and fixnn every other person or persons in whose possession the siime or any part thereof is, may be, or be found. 3. The said Mayor, Aldermen and Citizens c^ the City of coniorntion Montreal, are hereby authorized and empowoiwl to establish, e™rfba«"aii. " sustain and keep up a House of Iiidustry \u the said City of housooiiiuIih- Montreal, and to use and apply the pro|x>vty, estates, moneys, muUomakt'Hy- chattels and effects by this Act declared to be vested in and cinai>ce. to become the p rty of the said Mayor, Aldermen and Citizens of the City of Montreal, tbi- the purpose of establish- ing, sustaining and keeping up th<' said House of Industry, and from time to tin\e to mak\> and pass such By-laws, llules and Regulations for the iwanagement and direction of the said House of Industry, as they may think fit, provided the same are not rcpu^*>ant to tlic laws in force in this Province ; and from time to time to appoint, discharge and re-appoint such overseers and other officers as they may deem it neces- sary t\> appoint ^vr the management of the said House of I>i\^istry. 4. The said INIayor, Aldermen and Citizens of the City of corporation to Montreal, at all limes hereafter, shall and may have power acuuirLMuia ^nd authority to purchase, take, acquire and hold by will, thrtuc'purposos gift or otherwise, lauds, tenements, real and immovable tton. 1()0 CITY CHARTER AND OTHER ACTS. estates, rents, usufructs, servitudes and hereditaments, and to erect houses and buildings thereon for tlio use and pur- poses of the said House of Industry in the City of Montreal, and shall also have power and authority at all times hereafter, to sell and dispose of the real and immovable estate by this Act vested in the said Mayor, Aldermen and Citizens of the City of Montreal, or which may be hereafter purchased or l|,cfpiired by them for the purposes of the said House of Ami t(i iiiicimto Industry ; but in case the said Mayor, Aldermen and Citizens flic fnnioniHl n t X> <. tic m i i- n ncciiiin- otiipr of the City 01 Montreal, HJiall so sell and dispose thereot, or of any part thereof, tlioy shall, as soon as may be convenient thcrean mnany may purchase, lease, hold, acquire and transfci all roal or personal estate neccHsary for carrying on the operations o( tho Company. 12. The Directors of the Company may, from time to time, raise or borrow, for the purpdaos of the Company, any sum or sums not exceeding in the whole, one hundred thousand dollars by tho issue of bonds or debentures, in sums of not less than one hundred dollars, on such terms and credit as they may think pro])or, and may pledge or mortgage all tho property, tolls and income of the Company or any part thereof, for the re-payment of tho moneys so raised or borrowed and tho interest thereon : Provided always, that tho consent of three- fourths in value of the stockholders of the Company, shall bo first had and obtained at a special mooting to bo called and held for that purpose. 13. The said city and tho adjoining municipalities or any of them, and tho said Company, are respectively hereby authorized to make and to enter into any agreement or cove- nants relating to the construction of the said railway, for tho paving, macadamising, repairing and grading of tho streets or highways, and the construction, opening of and repairing of drains or sewers, and the layhig of gas and water pipes in the said streets and highways — tho location of tho railway and the particular streets along which the same shall be laid — the pattern of rail — the time and speed of running of the cars — tho amount of license to bo paid by the Company annually — the amount of fares to be paid by passengers — the time within vfhich tho works are to be commenced — the manner of proceeding with the same and the time for completion — and generally for tho safety and couvenienco of passengers — the conduct of the agents and servants of the Company, and the non-obstructing or impeding of the ordinary traffic. 14. The said By-law number two hundred and sixty-five of the Corporation of the City of Montreal is hereby confirmed, and the provisions thereof shall be binding upon the said Corporation and upon the said Company to the same extent as if the same were incorporated into this Act ; and the said CITY OHARTEU AND OTIIEU ACTS. 166 [{uiro and rrying on lO to time, [ly sum or nd dollars 9 than one nay think erty, tolls f, for the I and tho 1 of three- r, shall be ailed and es or any ly hereby it or cove- ly, for tho ho streets repairinj; )r pipes in le railway all be laid ing of the Company sengers — menced — time for euienco of nts of the c ordinary city and the said municipalities are horeb'- n"thorized to pass any further By-law or By-laws, and t'. amoid, repeal and enact tho same for the .purpose of ca'/^'isig mto effect any such agreements or covenants, and containing all necessary clauses, provisions, rules and regulations, for the conduct of all parties concerned, and for the a(\joining obedience there- to, — and also for facilitating tho running of the Company's cars, and for regulating the traffic and conduct of all persona travelling upon the streets and highways through which tho said railway may pass ; Provided also, that no such further By-law or By-laws shall infringe upon tho privileges granted to tho said Company by tho said By-law, number two hun- dred and sixty -five, and by this Act. 15. This Act shall be deemed a Public Act. rubuo Act. xty-five of confirmed, the said me extent d the said 166 CITY CUARTER AND OTHER ACTS. AdTS DELATING TO THE RECORDER'S COURT. CONSOLIDATED STATUTES— CANADA. (Chapter 105.) An Act respecting the prompt and summary administration of Criminal Justice in cer- tain cases. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as foUoAvs : rower to Ke- 1. Where any person is charged before the Recorder of corders to try ., -.i i •' -ij. •• persons guilty any City With havmg committeu — an amount not i. Simple larcciiy, and the value of the whole of the pro- doiiar, &c. pci'ty alleged to have been stolen does not in the judgment of such Recorder exceed one dollar ; or 2. With having attempted to commit larceny from the person ; or 3. With simple larceny ; or 4. With having committed an aggravated assault, by un- lawfully and maliciously inflicting upon any other perscn, either with or without a weapon or instrument, any grievous bodily harm, or by unlawfully and maliciously cutting, stab- bing or wounding any other person ; or 6. With having committed an assault upon any female whatever, or upon any male child whose age does not in the opinion of such Recorder exceed fourteen years, such assault being of a nature which cannot in the opinion of the Rccordf^r be sufficiently punished by a summary conviction before h^ii, under any other act, and such assault if upon a female not amounting in his opinion to an assault with intent to commit a rape ; or CITY CHARTER AND OTHER ACTS. 1G7 by un- perscn. female in the I assault jcord'^r pre h'uj lale not commit 6. With having assaulted any magistrate, bailiff, or con- stable, or other officer in the lawful performance of his duty, or with intent to prevent the performance thereof ; or 7. With keeping or being an inmate, or habitual frequenter of any disorderly house, house of ill-fame, or bawdy house ; Such Recorder may hear and determine the charge in a summary way. 20 V., c. 27, s. 1,-22 V., c. 27, s. 1, (1858). 2. Whenever the Recorder before whom any person is Arouspd toi... charged as aioresaid proposes to dispose oi the case summarily u<- c/>n6cnt.s to under the provisions of this Act, such Recorder, after ascer- boing tried .., T PIT 11/.1 suniiniinlv. Naming the nature and extent oi the charge, but before the brmal examination of the witnesses for the prosecution, and before calling on the party charged for any statement which he may wish to make, shall state to such person the sub- stance of the charge against him, and if it is in the election of the person charged, shall then say to him these words, or words to the like effect: Do you consent that the charge against you shall be tried by me, or do you desire that it shall be sent for trial by a jury at the (naming the Court at ivMch it could soonest be tried) ;" and if the person cliarged con- if hecousonts; sents to the charge being summarily tried and determined as aforesaid, or if it is a case not within the election of the per- son charged, the Recorder shall reduce the charge into writ- ing, and read the same to such person, and shall then ask him wheHier he is guilty or not of such charge ; 3. If the person charged confesses the charge, the Re- Ana admits \m corder shall then proceed to pass such sentence upon him as ^"' ' may by law be passed, subject to the provisions of this Act, in respect to such o'Jence ; but if the person charged says or if he pleads that he is not guiloj'', the Recorder shall then examine the ^° ^"' ^' witnesses for the prosecution, and when the examination has been completed, the Recorder shall inquire of the person charged whether he has any defence to make lO such charge, and if he states that he has a defence, the Recorder shall hear such defovice, and shall then proceed to dispose of the case summarily. 22 V., c. 27, s. 3. 4. In the case of larceny charged under the first, second if convicted. 168 CITY CHARTER AND OTHER ACTS. or third sub-sections of the first section of this Act, if the Recorder, after hearing the whole case for the prosecution and for the defence, finds the charge proved, then such Recorder shall convict the person charged and commit him to the Common Gaol or House of Correction, there to be imprisoned, ' with or without hard labour, for any period not exceeding three months. 20 V., c. 27, s. 1. 5. Every such conviction and certificate respectively may be in the forms A and B, in this Act, or to the like eflfect. 20 v., c. 27, s. 1. 6. If in any case the Recorder finds the oflfence not proved, he shall dismiss the charge, and make out and deUver to the person charged a certificate under his hand stating the fact of such dismissal. 20 V., c. 27, s. 1. 7. When being in the election of the person charged he does not consent to have the case heard and determined by the Recorder, or in any case if it appcaii to the Recorder that the ofience is one which, owing to a previous conviction of the person charged, is by law a felony, or if such Recorder be of opinion that the charge is, from any other circum- stances fit to be made the subject of prosecution by indict- ruiiiKhmcnt. Form of con- viction, &e. If not proved, tlic case to be •lismissod. WI\on the case may be dealt witli in the ordinary way. Wlion the Ke- cordcr may dis- miss tlio case witliout con- victing. How Recorder to proceed when certain larcenies ex- ceeding one dol- lar are deemed tit to bo dealt with cum- iiiarily. .•i 1,6 ment rather than to be dispo ed of summarily, such Recorder shall deal with the case in all respects as if this Act had not been passed. 20 V., c. 27, s. 1, — 22 V., c. 27, s. 3. 8. If upon the hearing of the charge such Recorder is of opinion that there are circumstances in the case which render it inexpedient to inflict any punishment, he may dismiss the person charged without proceeding to a conviction. 20 V., c. 27, s. 1,-22 v., c. 27, s. 2, No. 5. 9. Where any person is charged before any Recorder with simple larceny of pi'operty exceeding in value one dollar, or with stealing from the person, or with larceny as a clerk or servant, and the evidence in support of the prose- cution is in the opinion of the Recorder sufficient to put the person charged on his trial for the ofience charged^ such Recorder, if the case appear to him to be one which may properly be disposed of in a sumtnary way, and may be CITY CHARTER AND OTHER ACTS. ]G0 t, if the ition and lecordcr 1 to tlic prisoned, ■ xceeding vely may ke effect. :ence not out and his hand s. 1. larged he rinined by Recorder conviction 1 Recorder er circum- by indict- ,rilv, such as if this -22 v., c. jorder is of lich render Idismiss the 20 V., Recorder value one Lrccny as a the prose- I to put tlie Irged, such Iwhich may Id may bo If the ncciiscd admits his <;uilt, lie mny bo con- vicfod and sen- touci'd I'ortli- with. adequately punished by virtue of the powers of this Act, shall reduce the charge into writing, and shall read it to the said person, and shall then explain to him that he is not obliged to plead or answer before such Recorder at all, and that if he do not plead or answer before him, he will be com- mitted for trial in the usual course. 20 V., c. 27, s. 8. 10. The Recorder shall then ask whether he is guilty or not of the charge, and if such person says tjiat he is guilty, such Recorder shall thereupon cause a plea of guilty to be entered upon the proceedings, and shall convict him of the offence, and commit him to the Common Gaol or House of Correction, there to be imprisoned, with or without hard labour, for any term not exceeding six months, and every such con- viction may be in the form C, or to the like effect. 20 V., c. 27, s. 3. 11. In every case of summary proceedings under this Act, the person accused shall be allowed to make his full answer and defence, and to have all witnesses examined and cross- examined, by counsel or attorney. 20 V., c. 27, s. 4. 12. The Recorder before whom any person is charged under this Act, may by summons require the attendance of any person as a witness upon the hearing of the case at a time and place to be named in such summons ; and such Recorder may bind by recognizance all persons whom he may consider necessary to be examined touching the matter of such cUarge, to attend at the time and place to be appointed by him, and then and there to give evidence upon the hear- ing of such charge ; And in case any person so summoned or required or bound as aforesaid, neglects or refuses to attend ..> pursuance of such summons or recognizance, then upon proof being first made of such persons having been duly summoned as hereinafter mentioned, or bound by recognizance as aforesaid, the Recorder before whom such person ought to have attended may issue a warrant to compel his appear- ance as a witness. 22 V., c. 27, s. 4. 13. Every summons issued under this Act may be served l)y delivering a copy of the summons to the party summoned, or by delivering a copy of the summons to some inmate of Accused person allowed full de- leiice, &c. Recorder may compel atten'd- aiico of wit- nesses. Summonses, how served. w f: lit 170 CITY CHARTER AND OTHER ACTS. When the con- 8ont of the par- ty charged to bo tried by the Kc- oorder not re- quiBite. When consent to bo so tried not necessary in the case of sea- faring men. runishmcnt In eases sum- mar.'ly tried under ttie 4th to the 7tli sub- sections of sec- tion one. LeTyinfe fine. Imprisonmont if not paid. such party's usual place of abode ; and every person so required by any writing under the hand of any Recorder to attend and give evidence as aforesaid, shall be deemed to have been duly summoned. 22 V., c. 27, s. 5. 14. The jurisdiction of the Recorder in the case of any person charged, within the police limits of any city in this Province, with therein keeping or being an inmate or an ha- bitual frequenter tf any disorderly house, house of ill fame or bawdy house, shall be absolute, aiid shall not depend on the consent of the party charged to be tried by such Recorder, nor shall such party be asked whether he consents to be so tried. 22 V., c. 27, s. 2, No. 1. 15. The jurisdiction of the Recorder shall also be absolute in the case of any person, being a seafaring person and only transiently in this Province, and having no permanent domi- cile therein, charged, either witlihi the City of Quebec as limited for the purposes of the Police ordinance, or within the City of Montreal as so limited, with the commission therein of any other of the offences mentioned i!i the last preceding section, and such jurisdiction shall not depend on the consent of any such jtarty to be tried by the Recorder, nor shall such party be asked whether he consents tc be so tried. 22 V., c. 27, s. 9, No. 2,— >S'^c 2 V., c. 2, L. C. 16. In any case summarily tried under the fourtli, fifth, sixth or seventh sub-soctions of the first section of tliis Act, if the Recorder finds the charge proved, he may convict the person charged and commit him to the Common Gaol or House of Correction, there to be imprisoned with or without hard labour for any period not exceeding six months, or may condemn him to pay a fine not exec jding, with the coots in the case, one hundred dollars, or to both fine and imprison- menb, not exceeding the said period and sum ; and such fine may be levied by warrant of distress under the hand and seal of such Recorder, or the party convicted may be con- demned (in addition to any other im^/risonmcnt on the same conviction) to be committed to the Common Gaol, for a fur- ther period not exccedhig six months unless such fine bo sooner paid. 22 V., c. 27, s. 2, No. 3. CITY CHARTER AND OTHER ACTS. 171 17. In such cases as last aforesaid, the forms given at the cud of this Act, shall be altered by omitting the words stating the consent of the party to be tried before the Recorder, and by adding the requisite words stating the fine imposed (if any) and the imprisonment (if any) to which the party convicted is to bo subject if the fine be not sooner paid. 22 V.,c. 27, s. 2, No. 4. 18. Where any person is charged befor^ any Justice or Justices of the Peace, with any offence mentioned hi this Act, and in the opinion of such Justice or Justices, the case may be proper to be disposed of by a Recorder, or by an Inspec- tor and Superintendent of the Police, or by a Police Magis- trate, as herein provided, the Justice or Justices before whom such person is so charged may, if he or they see fit, remand such person for further examination before the Recorder or before the Inspector and Suporintendcnt of the Police of the nearest city, or before the nearest Police Magistrate, in like manner in all i*espects as a Justice ov.lustioes are authorized to remand a party accused under the general Act respecting the duties of Justices of the Peace out of sessions hi like cases. 20 v., c. 27, s. 5. 19. No Justice or Justices of the Peace in Upper Canada, shall so remand any person for further examination before any Recorder, Inspector and Superintondci t of Police, or Police Magistrate in Lower Canada, nor shall any Justice or Justices of the Peace in Lower Canada so remand any per- son for further examination before any Recorder or Police Magistrate in Upper Canada. 20 V., c. 27, s. 5. 20. Any peison so remanded for further examination before the Recorder of any city, may be examined and dealt with by the Inspector and Superintendent of the Police or Police Magistrate of the same city ; and any person so remanded for further examination before the Inspector and Superaitt-ndent of the Police or the Police Magistrate of any city, may be examined and dealt with by the Recorder of the same city. 20 V., c. 27, s. 5. 21. If any person suffered to go at large upon entering into such recognizance as the J ustice or Justices are autho- Forms iimy lir nltorud to i^uit tho last si'i'tiim When .1. 1'. may rGinniul accused |)arty to be Uoalt with by a itoconlrr. &c. Hut within U. C. or L. v., as the case may ho. Such party may be dealt witli by the Kecorder or rolico Magis- trate. I'rocpcdingf if party remanded rail to appear 172 CITY CHARTKR AXD OTIIEIT ACTS. pursuant to ro' cogniziinco Convictions and other pro ci'cdings un'i'i tliis Act to III roturncd !o ^i. S. Copy of such conviction to be evidence. KcstituHou of tlic property stolen may bo ordered. I? ('order's Cuurt to be au open public Court. - rized under the last mentioned Act to take, on the remand of a party accused conditioned for his appearance l)cfore a Recorder under the preceding sections of this Act, does not afterwards appear pursuant to such rect)gnizanco, then the Recorder before whom he ouglit to have appeared shall cer- tify (under his hand) on the back of the recognizance, to the Clerk of the Peace of the District in Lower Canada, or County or Union of Counties in Upper Canada, the fact of such non-appearance, and such recognizance shall be pro- ceeded upon in like manner as otlier recognizances, and such certificate shall be deemed sufficient primd facie evidence of such non-appearance. 20 V., c. 27, s. 6. 22. The Recorder adjudicating under this Act shall trans- ■nit the conviction, or a duplicate of a certificate of dismissal, with the written charge, the depositions of witnesses for the prosccntion and for the defence, and the statement of the accused, to the next Court of Quarter Sessions for the Dis- trict in Lower Canada, or the County or union of Counties in Upper Canada, there to be kept by the proper officer among the records of the Court. 20 V., c. 27, s. 7. 2o. A copy of such conviction, or of such certificate of dismissal, certified by the proper officer of the Court, or proved to be a true copy, shall be sufficient evidence to prove a conviction or dismissal for the offence men- tioned therein, in any legal proceeding whatever. 20 V., c. 27, s. 7. 24. The Recorder, by whom any person has been con- victed under this Act, may order restitution of the property stolen, taken or obtained by false pretences, in those cases in which the Court, before whom the person convicted would have been tried but for this Act, might by law order restitix- tion. 20 v., c. 27, s. 8. 25. Every Recorder's Court, for the purposes of this Act, shall be an open public Court ; and a written or printed notice of the day and hour for holding such Court, shall be posted or affixed by the Clerk of the said Court upon the outside of some conspicuous part of the building or place where the same is held. 20 V., c. 27, s. U. CITY CHARTER AND OTHER ACTS. 17:5 ifT?'>f> oer is Act, notice posted ;side of ire the 2B. The provisions of the Act respoctin;^ the duties of Justices of the Peace out of session, in relation to suininai'y convictions and orders, ajid the provisions of the Act respect- ing the (hities of Justices of the Peace out of sessions in rehi- tion to persons charged with indictahle offences, shall not ho construed as aftplying to any proceeding under this Act. 20 v., c. 27,s. 10. 27. Every conviction hy a Recorder under this Act shall have the same effect as a conviction upon indictment for the same offence would have had, save that no conviction u\ider this Act shall he attended with forfeiture. 20 V., c. 27 , s. 11 . 28. Every person who obtains a certificate of dismissal or is convicted under this Act, shall he released from all further or other criminal proceedings for the same cause. 20 V., c. 27, s. 12. 29. No conviction, sentence or proceeding under this Act shall be .{uashed for want of form ; and no warrant of com- mitment upon a conviction shall be held void by reason of any defect therein, if it be therein alleged that the offender has been convicted, and there be a good and valid convict'ou to sustain the same. 20 V., c. 27, s. 18. 30. The Inspector and Superintendent of Police for the City of Quebec, the Inspector and Superintendent of Police for the City of Montreal, and the Police Magistrate for any city in Upper Canada, sitting in open Court, may rcs[)ectively, in the case of persons charged before them, do all acts by this Act authorized to be done by Recorders ; and all the provisions of this Act referring to Recorders and Recorders' Courts and the Clerks of the Recorders' Courts, shall be read and construed also as referring to such Inspectors and Superintendents of the Police and Police Magistrates and the Courts and the Clerks of the Courts held by them respec. tively, and as giving them ful" power to do all acts authorized to be done by Recorders in the case of persons charged before them respectively. 20 V., c. 27, s. 14. 31. All the jurisdiction and powers vested in the Recorder of any city are hereby conferred upon and vested in any two or more Justices of the Peace for any district in Lower rill" Aiu II'- lit .r I'M. iKif tit limply fo 111!.- (rii'iliii;rs lilnii'i- lliis Act. Kll'cft iit'i'oiivii tir^^. Hccordcrs of tJiicbcc and Moiitroal do- i-lnri'd to bo J. IV. Tliis Act iKit to extend to Act rcspcctiiif? jiivonilo ofTcndcrs. I 'a) me lit and iipplictition of Canada when present at the chef-lieu thereof, and there sit- ting in open 0.;irt, and upon and in the Sheriff of any district in Lower Canada, (other than the Districts of Quebec and Montreal,) and upo?i and in any Deputy Sheriff in the Dis- trict of Gasp(}, sitting in open Court ; But the Jurisdiction and powers aforesaid shall i^t be exercised by any two or more Justices of tlie Peace or ^'^lieriff in any new district until such district has been established as such for all purposes of the administration of justice in criminal as well as civil matters, under a proclamation of the Governor to that effect. 22 V., c. 27, ss. 6, 10. 32. The Sheriffs of such districts as aforesaid in Lower (Janada, or any Deputy Sheriff in the District of Gaspd, Avhen sitting or acting under the provisions of this Act, shall be as- sisted, attended and obeyed by the Clerk of the Peace, Bailiffs, Constables and other Officers of such districts re- spectively, in the same manner as Justices of the Peace in and for the said districts respectively, would be attended, assisted and obeyed by them respectively, under the same or similar circumstances ; and the Clerk of the Peace for each such district shall be and act as the Clerk of the Court of the Sheriff' of such district under the provisions of this Act and of tlio Act hereby amended. 22 V., c. 27, s. 7. 33. The Recorders of the Cities of Quebec and Montreal respectively, have been and are, by virtue of their offices, Justices of the Peace for the judicial districts in which the said cities are respectively situate, and vested with all the powers and authorities, within the limits of their respective jurisdictipns, of any one or two Justices of the Peace, as the case may require. 22 V., c. 27, s. 9. 34. Nothing in this Act shall affect the provisions of the Act, Respecting the Trial and Pmdshmeni of Juvenile offende/i . ; and this Act shall not extend to persons punish- able under that Act, so far as regards offences for which such persons may be punished thereunder. 20 V., c. 27, s. 15. 35. Every fine imposed under the authority of this Act shall be paid to the Recorder, Superintendent of Police. Sheriff, Deputy Sheriff" or Justice of the Peace, who has CITY CHARTER AND OTHER ACT!?. 175 there sit- y district ebec and I the Dis- ction and I or more intil such es of the matters, . 22 V., in Lower spe, Avhen lall be as- le Peace, itricts re- Poaee in attended, e same or I for eacli iirt of the Let and of Montreal ir offices, which the th all the respective ce, as the inii)osed the same, or to the CI rk of the Recorder's Court or Clerk of the Peace, as the ease may he, and shaH be by him or them paid over to the County Treasurer for county purposes if it has been imposed in Upper Canada, — and if it has been imposed in any new district in Lower Canada con- stituted by any Act of the session hold in 1857, or passed in any subsequent session, then to the Sheriff of such district as treasurer of the Building and Jury Fund for such district, to form part of the said fund, — and if it has been imposed in any other district in Lower Canada, then to the Prothonotary of such district to be by him applied under the direction of the Governor in Council, towards the keeping in repair of the (\)urt House in such district, or to be by him added to tlie moneys and fees collected by him for the erection of a Court House and Gaol in such district, so long as such fees shall be collected to defray the cost of such erection. 22 V., c. 27, s. 8. 36. In the interpretation of this Act " property" shall be intorpiotntuin construed to include every thing included under the words '' chattel, money, or valuable security," as v=ied in the Act respecting offences against Person and Property ; and in case of any " valuable security, " the value of the share, interest or deposit to which ihe security may relate, or of the money due thereon, or secured thereby, and remaining unsatisfied, or of the goods or other valuable thing mentioned in the warrant or order, shall be deemed to be the value of such security. 20 V., c. 27, s 16. )ns of the Juvenile IS punish- ^hich such 27, s. 15. this Act af Police. who has 1T<] CITY CHARTER AND OTHER ACT8. FORM (A). See s. 5. CONVICTION. To wit : Be it rcmcmlRTod that on the clay of , in the year of our Lord , at , A. B., being charged before mo tb' undersigned , of tlio said city, and consenting to my deciding upon the charge summa- rily, is convicted before me, for that he the said A. B., &c., (^utatuifj the offence, and the tune and place when and where committed) ; and I adjudge the said A. B., for his said offence, to bo imprisoned in the ' (and there kept to hard labour) for the space of Given under my hand and seal, the day and year first above mentioned, at aforesaid. J. S. [L. S.] FORM (B). See s. 5. CERTIFICATE OF DISMISSAL. To wit I, the undersigned, , of the City of , certify that on the day of in the year of our Lord , at aforesaid, A. B., being charged before me and consenting to my deciding upon the charge summarily, for that he the \ CITV C'HAUTim AND OTIIEll ACTS. said A. B., &c., (^Htalint/ the offence elutrijeil, and the time, and place when and where allei/ed to hare been committed,) I (lid, having summarily adjudicated thereon, dismiss the said charge. Given under my hand and seal, this •lav of , at aforesaid. 177 J. S. .[L. S.] FQRM (C). See s. 10. CONVICTION UPON A PLEA OF GUILTY. To wit : Be it remembered that on the in the year of our Lord day of , , at , A. B., being charged before me the undersigned , of the said city, for that he the said A. B., &c., (^atating the offence^ and the time and jjlace when and where committed,') and pleading guilty to such charge, he is thereupon convicted before me of the said offence ; and I adjudge him the said A. B., for his said offence, to be imprisoned in the (and there kept to hard labour) for the space of Given under my hand and seal, the day and year first above mentioned, at aforesaid. J. S. [L. S.] IMAGE EVALUATION TEST TARGET (MT-3) // ^ A 1.0 ^Ki m ^^ *^ ^ |2.2 1.1 l.-^Kfi M 1.25 jj||U ||||L6 < 6" ^ "> w*^" * Hiotographic Sciences Corporation 33 WIST MAIN STRUT WIISTIR.N.Y. USIO (7U)I72-4S03 ^ ^o \ ,^ ^ ^ <^ 178 CITY CHARTER AND OTHER ACTS. FeraoDs of not more than 16 yean of ago, committing cer- tain offbnces, max ^ summa- ril7 convicted by two Justicee. If oflbnce not proved, case to ne digmissed. Form of certifl- oate. CONSOLIDATED STATUTES— CANADA. (Chapter 106.) An Act respecting the Trial and Punishment of Juvenile Offenders. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. Every person charged with having committed or having attempted to commit, or with having been an aider, abettor, counsellor or procurer in the commission of any offence which is simple larceny, or punishable as simple larceny, and whose age at the perioji of the commission or attempted commission of such offence does not, in the opinion of the Justice before whom he is brought or appears as hereinafter mentioned, exceed the- age of sixteen years, shall, upon conviction thereof, in open Court, upon his own confession or upon proof, before two or more Justices of the Peace for any district in Lower Canada, or city, county, or union of counties in Upper Canada, be committed to the Common Gaol or House of Correction within the jurisdiction of such Justices, there to be imprisoned with or without hard labour, for any term not exceeding three months, or, in the discretion of such Justices, shall forfeit and pay such sum, not exceeding twenty dollars, as the said Justices may adjudge. 20 V., c. 29, s. 1. 2. If such Justices, upon the hearing of any such case, deem the offence not proved, or that it is not expedient to inflict any punishment, they shall dismiss the party charged on finding surety for his future good behaviour, or without sureties, and then make out and deliver to the party charged, a certificate under the hands of such Justices stating tlie fact of such dismissal. 25 V., c. 29, s. 1. 3. Such certificate shall be in the form or to the effect set forth in the form followini; : CITY CHARTER AND OTHER ACTS. 17^ We, , of Her Majesty's Justices To wit : S of the Peace for the , of , (or if a Recorder, &c., under section seven, I, a , of the of * , as the case may he') do hereby certify, that on the day of , in the year of our Lord , at , in the said of , M. N. was brought before us the said Justices (or me the said ) charged with the following offence, that is to say : (here state briefly the particulars of the charge)^ and that we the said Justices (or I, the said ,) thereupon dismissed the said charge. Given under our hands (or my hand) this day of 20 v., c. 29, s. 1. 4. If such Justices be of opinion, before the person casoiiiaybe charged has made his defence, that the charge is from any Justices tiiink circumstance a fit subject for prosecution by indictment, or if the person charged, upon being called upon to answer the charge, objects to the case being summarily disposed of under the provisions of this Act, such Justices shall, instead of sum- marily adjudicating thereupon, deal with the case in all respects as if this Act had not been passed. 20 V.,c. 29, s. 1. 5. The Justices before whom any person is charged and justices to giv. proceeded against under this Act, before such person is asked tiie option of • whether he has any cause to shew why he should not be con- victed, shall say to the person so charged, these words, or words to the like effect : " We shall have to hear Avhat you Avish to say in answer " to the charge against you ; but if you wish to be tried by a " Jury, you must object now to our deciding upon it at once." And if such person, or a parent or guardian of such person, then objects, such person shall be dealt with as if this Act feet set had not been passed. 20 V., c. 29, s. 2. 6. Any two or more Justices of the Peace, for any district in Lower Canada, 6r for any city, county or union of coun- tormlno ties in Upper Canada, sitting in open Court, before whom any such person, as aforesaid, charged with any offence made I'owtT to J.Pe to hear and dA- 180 CITY CHAKTER AND OTHER ACTS. tiamo power to Itocordcr, &c., and certain ntlinr function' aricH. Sheriff!*, when sittins under this Act, to bo attended by Clerks of the I'eaco. Certitioate ol dirmiBsal, or a conviction, a bar to tUrtlicr prooeedingg. Mode of com> pelllng appear- ance of portion puniHiiable on summary con- viction. punishable under this Act, is brought or appears, may hear and determine the case under the provisions of this Act. 20 v., c. 29, 8. 3. 7. The Recorder, Inspector and Superintendent of Police, of cither of the Cities of Quebec or Montreal, the Sheriff of any district in Lower Canada, other than the Districts of Quebec and Montreal, any Deputy Sheriff in the District of Gasp^, any Judge of a County Court in Upper Canada, being a Justice of the Peace, any Recorder of a city hi Upper Canada being a Justice of the Peace, any Police Magistrate in Upper Canada, and any Stipendiary Magis- trate in Upper Canada, sitting in open Court, and having by law the power to do acts usually required to be done by two or more Justices of the Peace, may and shall, within their respective jurisdictions, hear and determine every charge under this Act, and exercise all the powers herein contained, in like manner and as fully and effectually as two or more Justices of the Peace can or may do by virtue of this Act. 20 v., c. 29, 8. 3. 8. The Sheriff of such districts as aforesaid respectively, and any Deputy Sheriff in the District of Gaspd, when sitting or acting under the provisions of this Act, shall be assisted, attended and obeyed by the Clerks of the Peace, Bailiffs, Constables and other Officers of such districts respectively, in the same manner as Justices of the Peace in and for the said districts respectively would be assisted, a lod and obeyed by them respectively, under the sams. . similar circumstances ; and the Clerk of the Peace of each such district shall bo and act as the Clerk of the Court of the Sheriff of such district, under the pi'ovisions of this Act. 20 v., c. 29, s. 4. 9. Every person obtaining such certificate of dismissal as aforesaid, and every person convicted under the authority of this Act, shall be released from all further or other proceed- ings for the same cause. 20 V., c. 29, s. 5. 10. In case any person whoso age is alleged not to exceed sixteen years be charged with any such offence, on the oath of a credible witness before any Justice of the Peace, such CITY CilARTEU AND OTHER ACTS. 181 ay hear lis Act. ' Police, heriflf of tricts of istrict of Canada, city in J Police r Magis- aving by e by two lin their r charge )ntained, or more this Act. ectively, ;n sitting assisted, Bailiffs. ectively, for the od and similar ich such t of the lis Act. missal as \ority of Droceed- D exceed the oath ice, such Justice may issue his summons or warrant to summon or to apprehend tlio person so charged to appear before any two Justices of the Peace, jit a time and a plaice to be named in such summons or warrant. 20 V., c. 29, s. 6. 11. Any Justice or Justices of the Peace, if he or they rowortoono ,,.■, r^ .. " Justice to re- thmk lit, may remand for further exammation or for trial, or mn"ii or tauo suffer to go at large upon his finding suflScient sureties, any such person charged before him or them with any such offence as aforesaid. 20 V., c. 29, s. 7. 12. Every such surety shall be bound by recognizance to condition of be conditioned for the appearance of such person before the same or some other Justice or Justices of the Peace for further examination, or for trial before two or more Justices of the Peace as aforesaid, or ftr trial at some Superior Cri- minal Court, as the case may be. 20 V., c. 29, s. 7. 13. Every such recognizance may be enlarged from time RocoKnizanct- to time by any such Justice or Justices or Court to such larged?*^"" further time as he or they appoint ; and every such recogni- zance not so enlarged shall be discharged without fee or reward when the party has appeared according to the con- dition thereof. 20 V., c. 29, s. 7. 14. Every fine imposed under the authority of this Act, Apj)iication shall be paid to the Justices who im.pose the same, or to the Clerk of the Recorder's Court, or the Clerk of the County Court, or the Clerk of the Peace, as the case may be, and shall be by him or them paid over to the County Treasurer for county purposes, if the same was imposed in Upper Canada, and if it was imposed in any new district in Lower Canada, then to the Sheriff of such district as Treasurer of the Building and Jury Fund for such district, to form part of the said fund, and if it was imposed in any other district in Lower Canada, then to the Prothonotary of such district, to be by him applied, under the direction of the Governor in Council, towards the keeping in repair of the Court House in such district, or to be by him added to the moneys or fees collected by him, for the erection of a Court House or Gaol in such district, so long as such fees are collected to cl fine'^. defray the cost of such erection. 20 v., c. 29, 8. 8. 182 CITY CHARTER AND OTHER ACTS. Any Justice of tho Tcaco may . summon wit- nesses ; And bind by recognizance. In ciwo of re- (\i8al, Justice may compel attendance of witness. How summons may bo served. Form of con- viction. 15. Any Justice of the Peace shall, by summons, require the attendance of any person as a Avitness upon the hearing of any case before two Justices under the authority of this Act, at a time and place to' be named in such summons. 20 16. Any such Justice may require and bind by recogni- zance all persons whom he considers necessary to be examined touching the matter of such charge, to attend at the time and place to be appointed by him, and then and there to give evidence upon the hearing of such charge. 20 V., c. 17. In case any person so summoned or required or bound as aforesaid, neglects or refuses to attend in pursuance of such summons or recognizance, then upon proof being first given of such person's having been duly summoned as here- inafter mentioned, or bound by recognizance as aforiesaid, either of the Justices before whom any such person ought to have attended, may issue a warrant to compel his appearance as a witness. 20 V., c. 29, s. 9. 18. Every summons issued under the authority of this Act, may be served by delivering a copy thereof to the party, or to some inmate at such party's usual place of abode, and every person so requii-ed by any writing under the hand or hands of any Justice or Justices to attend and give evidence as aforesaid, shall be deemed to have been duly summoned. 20 v., c. 29, s. 10. 19. The Justices before whom any person is summarily convicted of any such offence as hereinbefore mentioned, may cause the conviction to be drawn up in the following form or in any other form of words to the same effect, that is to say : Be it remembered that on the To wit : j day of , in the year of our Lord one thousand eight hundred and , at , in the District of , (county or united counties, &c., a« the case may be') A. 0. is convicted before us, J. P. and J. R., two of Her require hearing ' of this ns. 20 rccogni- icamined he time there to v., c. )r bound nance of sing first as here- foriesaid, ought to pearance this Act, or CITY CHARTER AND OTHER ACTS. 183 arty, ode, and land or evidence mmoned. immarily ntioned, blloAving that is ar of our , at be) A. of Her Majesty's Justices of the Peace for the said district (or city, &c.,) or me, S. J., Recorder , of the of . J or as the ease viay be) for that he the said A. O, did (specify the offence and the time and place when and where the same was committed, as the case may be, but tvithout setting forth the evidence'), and we, the said J. P. and J. R. (or I the said S. J.), adjudge the said A. 0. for his said offence to be imprisoned in the (or to be imprisoned in the , and there kept at hard labour for the space of , (or we (or I) adjudge the said A. 0. for his said offence to forfeit and pay ,) (here state the penalty actually imposed,) and in default of immediate payment of the said sum, to be imprisoned in the (or to be imprisoned in the , and there kept to hard labour) for the space of , unless the said sum shall be sooner paid. Given under our hands and seals (or my hand and seal) the day and year first above mentioned. And th3 conviction shall be good and effectual to all intents and purposes. 20 V., c. 29, s. 11. 20. No such conviction shall be quashed for want of form, conviciions or be removed, by certiorari or otherwise, into any oi Her defect, &c. Majesty's Superior Courts of Record ; and no warrant of commitment shall be held void by reason of any defect there- in, provided it be therein alleged that the party has been Nor commiu convicted, and there be a good and valid conviction to sus- tain the same. 20 V., c. 29, s. 12. 21. The Justices of the Peace before whom any person is convictions by convicted under the provisions of this Act, shall forthwith to ciorks of tiio transmit the conviction and recognizances to the Clerk of the Peace for the District in Lower Canada, or for the city, county or union of counties in Upper Canada, wherein the offence was committed, there to be kept by the proper officer among the records of the Court of General Quarter Sessions of the Peace. 20 V., c. 29, s. 13. 184 CITY CHARTER AND OTHER ACTS. Who Bliall mako (jiiartorly re- turn, &c., to till) rrovlncial Secretary. No forfeiture on conviction. 22. Each such Clerk of the Peace shall transmit to the Provincial Secretary a quarterly return of the names, offences and punishments mentioned in the convictions, with sucli other particulars as may from time to time be required. 20 V., c. 29, s. 13. 23. No conviction under the authority of this Act shall be attended with any forfeiture ; but whenever any person is But restitution deomcd guilty under the provisions of this Act, the presiding Justices may order restitution of the property in respect of which such offence was committed, to the owner thereof or his representatives. 20 V., c. 29, s. 14. 24. If such property be not then forthcoming, the same Justices, whether they award punishment or dismiss the com- plaint, may inquire into and ascertain the value thereof in money, and if they think proper, order payment of such sum of money to the true owner, by the person convicted, either at one time or by instalments at such periods as the Court deems reasonable. 20 V., c. 29, s. 14. 25. The party so ordered to pay, may be sued for the same IfHUcli pro- perty is not forthcoming, fee. The party i ordered to so maybo sueS,*^ as a debt in any Court in which debts of the like amount may bo by law recovered, Avith costs of suit, according to the prac- Kecovery of penalties. ('ommittal for non-payment. tice of such Court. 20 V., c. 29, s. 14. 26. Whenever any .Justices of the Peace adjudge any offender to forfeit and pay a pecuniary penalty under the authority of this Act, and such penalty is not forthwith paid, such Justices, if they deem it expedient, may appoint some future day for the payment thereof, and order the offender to be detained in safe custody until the day so to be appointed, unless such o. fonder gives security to the satisfaction of such Justices for his appearance on such day, and such Justices may take such security by way of recognizance or otherwise at their discretion. 20 V., c. 29, s. 15. 27. If at the time so appointed such penalty has not been paid, the same or any other Justices of the Peace may, by warrant under their hands and seals, commit the offender to the Common Gaol or House of Correction within their juris- diction, thei-e to remain for any time not exceeding three months, reckoned from the day of such adjudication ; such CITY CHARTER AND OTHER ACTS. 185 KxpouioH of nnwpoutlon, now to bo paid. imprisonment to cease on payment of the said penalty. 20 V., c. 29, 8. 15. 28. The Justices of the Peace before whom any person is prosecuted or tried for any offence cognizable under this Act, may, at their discretion, at the request of the prosecutor or of any other person who appears on recognizance or summons to prosecute or give evidence against such person, order pay- ment to the prosecutor and witnesses for the prosecution of such sums of money as to them seem reasonable and sufficient, to reimburse such prosecutor and witnesses for the exi)enso3 they have severally incurred in attending before them, and in otherwise carrying on such prosecution, and also compen- sate them for their trouble and loss of time therein, and to order payment to the Constable and other Peace Officers for the apprehension and detention of any person so charged. 20 v., c. 29, s. IG. 29. And although no conviction takes place, the said Jus- tices may order all or any of the payments aforesaid, when they are of opinion that the parties or any of them have acted bond fide. 20 V., c. 29, s. 16. 30. The amount of expenses of attending before the exam- ining Justices and the compensation for trouble and loss of time therein, and the allowances to the Constables and other Peace Officers for the apprehension and detention of the offen- der, and the allowances to be paid to the prosecutor, witnesses and Constables for attending at the trial or examination of the oflfender, shall be ascertained by and certified under the hands of such Justices ; but the amount of the costs, chargob and expenses attending any such prosecution, to be allowed and paid as aforesaid, shall not in any one case exceed the sum of eight dollars. 20 V., c. 29, s. 16. 31. Every such order of payment to any prosecutor or other person, after the amount thereof has been certified by the proper Justices of the Peace as aforesaid, shall be forthwith made out and delivered by the said Justices or one of them, or by the Clerk of the Recorder's Court, Clerk of the County Court or Clerk of the Peace, as the case may be-, unto such prosecutor or other person, upon such Clerk being paid for Y If tlioro 1)0 uo cuuviction. Amount of ex- poiisos, liow UHCcrtai.iied aud ci'rtiflcd. Orders for pay- ment, how to bo iiindo, and upon whom. 18(5 OITY CHARTER AND OTIIKR ACTS. Protection of persons noting under this Act. Notice in writ- ing to bo given to defendant. Defendant may plead the gene- ral iMije. Jf tender of amends made, plaintiflr not to recover, &c. If the defend- ant be Bue- cossfUl. tho samo, tho sum of twenty cents and no more, and shall be made upon the Officer to whom fines imposed under the authority of this Act are required to bo paid over in the dis- trict, city, county or union of counties in which the offence was committed, or was supposed to have been committed, who, upon sight of every such order, shall forthwith pay to the person named therein, or to any other person duly authorized to receive tho samo on his behalf, the money in such order mentioned, and shall bo allowed tho same in his accounts. 20 v., 0. 29, 8. 17. 82. For tho protection of persons acting in the execution of this Act, all actions and prosecutions to be commenced against any person for any thing done in pursuance of this Act, shall bo laid and tried in the District or Circuit in Lower Canada, or in the county or union of counties in Upper Canada whore the fact was committed, and shall be commenced within throe months after tho fact committed, and not otherwise. 20 V., c. 29, s. 18. 33. And notice in writing of such action or prosecution anfl . the cause thereof, shall be given to the defendant, ono month at least, before tho commencement of the action or prosecution. 20 V., c. 29, s. 18. 34. In any such action or prosecution, the defendant may plead the general issue, and give this Act and the special matter in evidenco at any trial to be had thereupon. 20 V., c. 29, s. 18. 85. No plaintiff" shall recover in any such action, if tender of suflicient amends was made before such action brought, or if a suflScient sum of money has been paid into Court after such action brought by or on behalf of the defendant. 20 V., c. 29, s. 18. 36. If a verdict passes for the defendant, or the plaintiff" becomes non-suit, or discon< .nues any such action or .prose- cution after issue joined, or if, upon demurrer or otherwise, judgment be given against the plaintiff", the defendant shall recover his full costs and have the like remedy for the same as any defendant hath by law in other cases. 20 V., c. 29, 8. 18. \ .• CITY CHARTER ANP OTHER ACTS. 187 \ jhall bo ior the the dis- nce was d, who, to the ;horizod li order icounts. cecution monced of this rcuit in nties in shall be ted, and secution fendant, e action ant may special 20 V., f tender ught, or rt after 20 V., plaintiff r prose- lerwise, nt shall le same , c. 29, CONSOLIDATED STATUTES— LOWEll CANADA. (Chapter 102.) An Act respecting the Police in Quebec and Montreal, and certain regulations of Police in other Towns and Villages. HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. The Governor may, in the Cities of Quebec and Appointmontor •" Supcrlnteiid- Montreal, by a commission under the great seal, appoint fit t'"<« o*' roiic. and proper persons to be Inspectors and Superintendents of the Police of the Cities of Quebec and Montreal, to execute the duties of Justices^ of the Peace at the Police OflBces established therein and in all parts of the said cities, and such other duties as are hereinafter specified, or as may be from time to time directed by the Provincial Secretary, for the more efficient administration of the Police within the limits of the said cities : 2. The Governor may remove the said Inspectors and Governor may Superintendents of Police, if he sees occasion so to do, and and appoint' may, upon any vacancy in the said offices, by death, removal or otherwise, appoint other fit persons as such Inspectors and Supei:intendents, to execute the duties aforesaid in lieu of the persons making such vacancy ; and the Governor may appoint any person to be Inspector and Superintendent of the Police, for either of the said cities, by virtue of this Act ; and any to be ex om • . J J • J.1 L' n 1 • Justices of 1 person so appomted may, durmg the contmuance of his Peace, appointment, execute the duties of Justice of the Peace for the said cities, although he may not have the qualification required by law in case of any other person being a Justice of the Peace. 2 V. (1), c. 2, s. 1,-20 V., c. 44, s. 138, and see Gomol. Stat, of Can.^ c. 105, ss. 30, 31. CIO thp Thoir power* ttud authority To Imvo tho powers of two ontiitoiHtnkoii 2. Every person appointed Inspector and Su[ieriiitendent ml'iil!'"' ' of tho Police of the Hiiid cities, whull, l)eFore ho he;;in8 to execute the duties of his office, take tlie followin;^ oath heforo a Jud;^o of I lor Majesty ^s Court of Queen's Bench or of the Superior Court, that is to say : " I, A. B., do swear that I will faithfully, impartially, and " honestly, according to tho best of my skill and knowledge, " execute all the powers and duties of a Justice of tho Peace, " under and hy virtue of chapter one hundred and two of tho " Consolidated Statutes for Lower Canada." 2 V. (1), c.2,s. 2. 8. Tho Inspectors and Suporintondonts of the Police of tho cities of (iuobec and Montreal respectively, shall bo, in virtue of their offices, Justices of the Peace for tho criminal districts in which tho above cities are respectively situate, and vested with all tho powers and authorities within the limits of their respootivo jurisdictions, of any one or two Justices of tho Peace as tho case may require ; and all judg- powers ol two . ... , , . . i i i ii .TiiKticcg of tho ments, convictions and decisions rendered by them resnec- I'unoo. . ^1 tively shall have the same force and effi3ct as if rendered by one or two Justices of tlie Peace whoso names are inchided in the commission of tho peace for the districts within which such Insjioctors and Superintendents of Police are respectively appointed to act. 20 V., c. 122. 4. A sufficient number of fit and able bodied men shall, from time to time, by the direction of the Provincial Secretary, be appointed as a Police Force for each of the said cities respectively, who shall be sworn by the said Inspectors and Superintendents of the Police respectively, to act as Con- stables for preserving the- peace and preventing robberies and other felonies, and apprehending ofifenders against the peace : 2. And the men so sworn shall, within the said cities, have all such powers, authorities, privileges and advantages, and be liable to all such duties and responsibilities as any Constable duly appointed has, by virtue of the laws of Lower Canada, or any statutes made or to be made, and shall obey all such lawful commands as they, from time to time, receive from the I'olico Force ninv bo em- bodied. Diitios of tho mon cotnpoBing CITY CHARTER AND OTHER ACTA. i8n« tcndcnt ;;ina to Itoforo • of the lly, and wledgo, Peace, of the '^- (1), 30 of the bo, in criminal situate, thin the or two all judg- . reapcc- Icrcd by luded in lich such )Cctivolv m shall, crctary, cities tors and as Con- obborics inst the ea, have i, and onstable Canada, all such 'rom the Inrfpoctnr and Suponntendont of the Police for the city for whii'h they are appointed, f(U' conducting theiuHelvert in the execution of their oflicC; 2 Y. (1), c. 2, s. ii. 6. Euch of the said Inspectors and Huporintendonta of sunnrintPiKi- Police may, from time to time, subject to the approbation of onicn. umi n- ,,,.., ti 1 'i 1 1 1 • giiliilliinn lor If* the I'rovmcial secretary, make such orders and regulations Kovtrmucut. as they ileem expedient, relative to the general government of the men appointed members of the Police Force under this Act for his city, the places of their residence, the classification, rank nnd particular service of the several members, their distribution and inspection, the description of arms, accou- trements and other necessaries to be furnished to them, and all such other orders and regulations relative to the said Police Force, as such Inspector and Superintendent of the Police from time to time deems expedient, for preventing neglect or abuse, and for rendering such force efficient in the discharge of all its duties : 2. Each of the said Inspectors and Superintendents of the And mny »iis. Police may, at any time, suspend or dismiss trom his employ- nun comimsinK ment any man belonging to the said Police Force for his city, whom ho thinks remiss or negligent in the discharge of his duty, or otherwise unfit for the same ; and when any man is dismissed or ceases to belong to the said Police Force, all powers vested in him as a Constable by virtue of this Act, shall immediately cease and determine. 2 V. (1), c. 2, s. 4. 6. If any victualler or keeper of any house, shop, room, ivnnuy on vic- or other phicc for the sale of any liquors, whether spirituous imfimnring" or otherwise, knowingly harbours or entertains any man be- amy. longing to the said Police Force, or permits such man to abide or remain in his house, shopr, room, or other place, during any part of the time appointed for his being on duty, such victualler or keeper, being convicted thereof before any two Justices of the Peace, shall for every such offence forfeit and pay such sum not exceeding five pounds, sterling money of Great Britain, as they think meet. 2 V. (1), c. 2, s. 5. 7. Any man, belonging to the said Police Forcd, may, roiiccmcn un during the time of his being on duty, apprehend all loose, proLnd loose idle and disorderly persons, whom he finds disturbing the porBons"'^ *"^ ^ .190 CITY CHARTER AND OTHER ACTS. public poaoo, or whom ho has just cause to suspect of any evil designs, and all persons whom he finds lying in any field, highway, yard or other place, or loitering therein, and not giving a satisfactory account of themselves, and deliver any person so apprehended into the custody of the Constable in attendance at the nearest watch-house, in order that such person may bo secured until he catn be brought before a Justice of tho Peace, to be dealt with according to law. Ibid., s. 6. 8. If any person assaults or resists any person belonging to the said Polico Force, in the execution of his duty, or aids or incites any person so to assault or resist, such offender, being convicted thereof before two Justices of the Peace, shall for each such offence, forfeit and pay such sum, not exceeding five pounds, sterling money aforesaid, as the said Justices think moot. Ibid., s. 7. Penalty on per- sons resisting I'olico. Apiilication of ■loxt sections. I'rocecdin^s as regards disor- derly persons. OP THE PbWERS .OP JUSTICES OP THE PEACE WITH RESPECT TO DISORDERLY PERSONS, GAMBLERS, ETC. 9. The ten sections next following apply not only to the Cities of Quebec and Montreal, but also to every town and village Municipality in Lower Canada, erected or existing under the provisions of chapter twenty-four of these Consoli- dated Statutes, subject to the provisions of section twenty-nine of that Act. 28 v., c. (51, s. 29. 10. Any Justice of tho Peace may condemn all loose, idle and disorderly persons convicted before him on his own view or by their own confession, or on the oath of one or more credible witnesses, to pay immediately or within such period of time as he thinks fit, a fine not exceeding five pounds sterUng, and in default of payment immediately or at the time appomted, (as tho case may be,) such persons shall be imprisoned in the Common Gaol or House of Correction o*' the district or in any lock-up ho\i80 or other place provided by the Munici- pality for tho purpose, at hard labour, for any time not exceed- ing two months, the imprisonment to cease upon payment of the sum due : CITY CHARTER AND OTHER ACTS. 191 of any oy field, and not iver any table in lat such before a to law. elonging ', or aids offender, } Peace, mm, not the said \ lESPECT ly to the lown and existing Consoli- nty-nine f)ose, idle I view or \ credible M time as ling, and ppointed, Boned in Irict or in Munici- ; exceed- aayment 2. But it shall be in the discretion of the Justice before Discrption of whom any person, apprehended as a loose, idle and disorderly the I'cacc. person is brought, either to commit such person or to dis- charge him, although an act of vagrancy be proved to have been committed by him ; — and it shall also be in the discre- tion of such Justice on discharging any such person, to bind him in sufficient recognizance to appear before the Justices at the next General or Quarter Sessions of the Peace, or Court of Queen's Bench, if no Court of Quarter Sessions be held in the district, to answer any charge or charges that may be alleged against him. 2 V. (1), c. 2, s. 8, — 7 V, c. 2, s. 1, —9 v., c. 23,-20 v., c. 41, s. 7,-23 V., c. 61, s. 29. 11. Persons who, being able to work, and thereby or by Porgons reni»- other means to maintain themselves and families, wilfully refuse or neglect to do so, — Persons openly exposing or exhiMiing in any street, road. Exposing their ur 1 iu' I- -J i. 1,'u-i' 1 persons, ic; pubhc place, or highway, any mdecent exhibition, or openly and indecently exposing their persons, — Persons loitering in the streets or highways and obstructing obstructing v A J- iU p 1 XL V • passengers, passengers, by standing across the tootpaths, or by using &c.; insulting language, or in any other way, — tearing down or defacing signs, breaking windows, breaking doors or door- plates, or the walls of houses, yards or gardens, destroying fences, causing a disturbance or noise in the streets or high- Avays by screaming, swearing, or singing, — being drunk, and impeding or incommoding the peaceable passengers, — All common prostitutes or night walkers wandering in the Prostitutes, fields, public streets or highways, not giving a satisfactory account of themselves, — &c.; Persons in the habit of frequenting houses of ill-fame, not Frequenters of ,' n , 1 /• 1^1 1 liouses of ill- giving a satisfactory account ot themselves, — fame; Persons tippling in taverns or tap-rooms, after the hour of And taverns; ten at night and before the hour of five in the morning, between the twenty-first day of March and the first of October, and after the hour of nine at night and before the hour of six in the morning, from the first day of October to tlie twenty-first day of March, — 192 CITY CHARTER AND OTHER ACTS. (■amblers— Slinllbedoemcd disorderly pcr- aong. Justice may is- sue search war- rants. How sucli per- sons sliall bo punislicd. Persons winning money or other valuable thing in playing at cards, dice or other chance game, in taverns, — Shall be deemed loose, idle and disorderly persons, within the meaning of this Act. 2. V. (1), c. 2, s. 9. 12. Any Justice of the Peace, upon information upon oath before him made, that any persons hereinbefore described are loose, idle and disorderly persons, and are, or are reason- ably suspected, to be harboured or concealed in any house of ill-fame, tavern or boarding house, may, by warrant under . his hand or seal, authorize any Constable or other person to enter at any time such house, or tavern, and to apprehend and bring before him or any other Justice or Justices, all persons found therein and so suspected as aforesaid : 2. And if, on examining such persons so apprehended and brought as aforesaid, it appears to such Justice or Justices that they or any of them cannot give a satisfactory account of themselves, such Justice or Justices may condemn them to pay, either immediately or within such period as he or they think fit, a fine not exceeding five pounds sterling ; and in default of payment at the time appointed, they shall be imprisoned in the Common Gaol or House of Correction, or in the lock-up house, or other place provided by the Munici- pality for the purpose, at hard labour for any time not exceed- ing two months, in the City of Quebec or of Montreal, or thirty days in any other town or village Municipality, the imprisonment to cease upon payment of the sum due. 2 V. Charges against them to be in writing. -7 v., c. 21, s. 1, and 9 V., c. 23,- Commitments to specify tlie facts of the case. (1), c. 2, s. 10,- V., c. 61,8.29. 13. In all proceedings against loose, idle, and disorderly persons, the charge sliall be reduced to writing, and shall be stated by the Justice or Justices of the Peace to the party accused, who shall be held to plead forthwith to the same ; and ihe said charge shall be summarily tried, due time being given to the party accused to procure the attendance of the necessary witnesses to establish his defence, if he so requires. 7 v., c. 21, s. 3. 14. Every commitment to Gaol or to the House of Correc- tion or lock-up house, shall specify the particular fact or facts, as CITY CHARTER AND OTHER ACTS. 103 to time, place an J "/ nstance, which constitute the offender a loose, idle and disci :>Ay person ; and any commitment which does not specify such fa'ots, shall be held to be insufficient, and the party imprisoned under colour thereof shall be entitled to be discharged from imprisonment, upon application to that effect to any Judge of the Court of Queen's Bench or of the Superior Court, or any other person authorized by law to act in the absence of such Judge. .7 V., c. 21, s. 5. 15. Any Justice of the Peace may commit any person con- How cruelty t<> *' 11. . 1 animals sliall bi- victed before him, by his own view or by the oath of one or punisiiod. more credible witness or witnesses, or by his confession, of over-loading, over-driving or otherwise ill treating any horse, dog or other animal, to the Common Gaol, for any time not exceeding one month ; and all Constables shall and may appre- hend any such person, and bring him before a Justice of the Peace, to be dealt with according to the provisions of this Act. 2 V. (1), c. 2, s. 11. 16. Whenever any person is charged on the oath of a proceodings to credible witness, before any .Justice of the Peace, with any poaranco of a offence punishable by a penalty, on summary conviction under under this Act. this Act, the Justice may summon the person charged to appear before any two Justices of the Peace at a time and place to be named in such summons ; and if the person charged does not appear accordingly, then (upon proof of the due service of the summons, by delivering a copy thereof to such person or by delivering a copy to his wife or servant or some inmate of the family of such person, at his usual place of ^bode,) the Justices, before whom he ought to have appeared, may either . proceed to hear and deteimine the case ex parte, or may issue their warrant for apprehending such person, and bringing him before them : 2. The prosecution for any offence punishable by a penalty Limitation of upon summary conviction by virtue of this Act, shall be com- ^ "* "" '" menced within three months after the commission of the offence and not otherwise. 2 V. (1), c. 2, s. 12. 17. The Justices of the Peace by whom any person is con- certain timo •ijjj'iii c i« rt' '""y be allowed victed and adjudged to pay any sum ot money, tor any oftence for the nayment against this Act, may adjudge that such person shall pay the 194 CITY CHARTER AND OTHER ACTS. Application of tluoH impoHed iindortbiiiAot. same cither immediately or within such period as they think fit ; and in default of payment at the time appointed, the said person shall 'be imprisoned in the Common Gaol or House of Correction, for any term not exceeding two months, in the City of Quebec or Montreal, or thirty days in any other town or village Municipality, which said imprisonment shall cease upon payment of the sum due. 2 V. (1), c. 2, s. 14. 18. All fines and penalties imposed for oflFences against this Act shall make part of the Building and Jury Fund of the district in which they are imposed, and shall be paid over by the Justices or persons receiving them to the Sheriff of such district accordingly. 20 V., c.44,8. 113,-23 V., c. 57, s. 2. 19. Any person, convicted, under this Act, may appeal from such conviction to the next ensuing General Quarter Sessions of the Peace, upon giving good and suflScient security to pay the penalty awarded against him and all costs of such appeal ; and the said Sessions of the Peace shall hear such appeal and dispose of the same and award costs in manner and form as practised upon other appeals. 7 V., c. 21, s. 4. Ap|M)alg from couvictioiis under this Act. POWERS OF RECORDERS OF QUEBEC AND MONTREAL. Towors of In- spectors of I'O" lico may bo oxorcisod by Recorders. Uxjponscs Of Polioe to be 20. All the powers and jurisdiction conferred upon the Inspectors and Superintendents of Police for the Cities of Quebec and Montreal, or upon two or more Justices of the Peace, by the foregoing provisions of this Act, shall be vested in and may*be exercised by the Recorders and by the Re- corders' Courts of and for the said cities, and by those who by law may or are to act in the absence on account of sick- ness or otherwise of the said Recorders, or when there is no Recorder, and discharge the duties of that office. ' 19, 20 V., c. 106, ss. 1, 4, 8,-14, 15 V., c. 128, ss. 79, 82,— ISV., c. 162, s. 16. EXPENSES OP THE POLICE IN QUEBEC AND MONTREAL. 21. The Governor may pay, out of any moneys in the hands of the Receiver General, not otherwise appropriated, such CITY CHARTER AND OTHER ACTS. 196 sums as are required for the maintenance of the Police under this Act; and all salaries, allowances and cortingent charges in that behalf shall be paid upon pay lists to be made out on the first day of each month by the Inspector and Superinten- dent of Police, signed .by him and approved by the Provincial Secretary. 2 V. (1), c. 2, s. 17. 22. Out of any moneys received for tolls, rates and wharf- age dues by the Commissioners for the Improvement and En- largement of the Harbour of Montreal, and remaining in their hands in any year after defraying all the special charges payable out of the same during such year, the Governor may direct the Commissioners to pay over to such Officer or person as he may designate, such sum as may be required to defray the expenses attending the employment of the additional members of the Police Force established under this Act, whom it has been found necessary to employ during such year to act more especially as Constables in the harbour and port aforesaid ; the number of such additional members of the said Police Force to be so employed, and the remu- neration to be allowed for their services, having been, previously to their employment, determined by the Gover- nor in Council : 2. And the Officer or person to whom such sums are paid by the said Commissioners shall apply the same to the pay- ment of the expenses aforesaid, under such instructions as he may receive from the Governor in that behalf, and shall account for the same in such manner and form as the Governor shall direct. 14, 15 V., c. 24. 28. All moneys raised, levied and received under the au- thority of the Acts 14, 15 V., c. 25, and 20 V., c. 124 (to provide for defraying the expense of the River Police at Quebec) shall be applied by such Officers or persons, and under such rules and regulations as the Governor shall from time to time appoint for that purpose, in defraying the expense of maintaining and paying the members of the Police Force acting as Constables in the Port of Quebec, under this Act. 2 V. (1), c. 2,-14, 15 v., c. 25, s. 8, and 20 V., c. 124. paid by . 199 shall lall be sioners one for ; and jnewetl tion of ects to e pre- ar, the Superintendent of Education shall appoint them ex-qfficio, with the approval of the Governor in Council. 9 V., c. 27, s. 42. (131.) In the Citie.s of Quebec and Montreal, no rate No»pcciai shall be imposed for the purposes of Common Schools, but the iw iovi«a. but City Treasurer of each of the said cities shall, out of the amount to bo moneys in his hands forming part of the funds of the Corpo- ration, ration of such city, from whatever source such moneys are derived, (all Laws or Rules or By-laws of the Council of such Corporation to the contrary .notwithstanding,) pay to the respective Boards of School Commissioners of such city, and in proportion tcT the population of the religious persuasion represented by such Boards respectively, a sum equal in amount to that apportioned to such city out of the Common School Fund, to be employed for the purposes of the Common Schools, under the direction of such Boards of School Commis- sioners respectively ; — And if the Treasurer refuses to make in case city such payment, the Board of Commissioners, or their Secre- fu^e^to'^oy." tary, may recover the amount by action in the Superior Court, who shall order such Treasurer to pay the amount awarded by their judgment, principal, interest and costs, out of the moneys he may then have in, or that may thereafter come into his hands as such Treasurer ; and shall compel him, by all legal means, even by contrainte par corps, to satisfy such judgment. 14, 15 V., c. 97, s. 9. (132.) The Corporations of the Cities of Quebec and An additional Montreal may pay out of their funds an additional sum equal pSid"by cS?po° to that which they are authorized to pay to the Boards of ^^ ''"" School Commissioners, and also an additional sum of thirty per cent, to make good any unforeseen or contingent expenditure. 19, 20 v., c. 14, s. 1. (133.) The City of Montreal shall be entitled to receive Proportion of out of the Common School Fund only one-fourth, and the aiiowed^to"** City of Quebec two-thirds, of the sums they would without this SotJtre^"'^ provision be respectively entitled to according to their popula- tion. 9 v., c. 27, 8. 44. (134.) The School Commissioners for Quebec and Montreal uuics for com- shall, in their intercourse with the Superintendent of Educa- °^^"°"®"" tion, be guided by the same rules and regulations as other School Commissioners. 9 V., c. 27, s. 45. 200 * CITV ClfAUTKll AND OTHER ACTS. ,. I'rcnmblo. No public mo- iioy to be paid to any hospital, unloiis it has a Small-pox ward. Certain citloa may employ medical prac> titioncra to vaccinate the citizens, &o. Proviso. (24 Victoria, Cap. 24.) An Act to provide for tlie more general adop- tion of tlie practice of Vaccination. {Amntcd to I8(h Mai/, 1861.) nER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. No warrant shall hereafter issue for the payment of any sum of money granted by the Legislature to any hospital, unless, nor until, a certificate, signed by a medical officer of such hospital, to the effect that there is in such hospital a distinct and sopnrate ward set apart for the exclusive accom- modation of patients afflicted with Small Pox, has been filed with the Clerk of the E.xecutive Council. 2. From and after the passing of this Act, it shall be law- ful for the Council of each of the Cities of Quebec, Three- Rivers, St. llyacinthe, Montreal, Ottawa, Kingston, Toronto, Hamilton and London, and the Town of Sherbrooke, and they are hereby respectively empowered and required, to contract with some legally qualified and competent medical practitioner or practitionei's, for the period of one year, and so from year to year, as such contract may expire, for the Vaccination, at the expense of the city, of all poor persons, and, at their own expense, of all other persons, resident in such city, who may come to such medical practitioner or practitioners for that purpose ; Provided, always, that it shall be a condition of every such contract, that the amount of the remuneration to be received under the same shall depend on the number of persons who, not having been previously successfully vac- cinated, shall be successfully vaccinated by such medical practitioner or medical practitioners, respectively so con- tracting. CITY CHARTER AND OTHER ACTS. 201 3. Within three months after the passing of tliis Act, the Council of each such city shall appoint a convenient place in each ward of such city for the performance, at least once in each month, of such Vaccination, and shall take effectual means for giving, from time to time, to all persons resident within each such ward, due notice of the days and hours at which the medical practitioner or one of the medical practi- tioners contracted with for such purpose will attend once at the least in each month, at such place, to vaccinate all per- sons not successfully vaccinated who may then appear there, and also of the days and hours at which such medical practi- tioner will attend at .such place to inspect the progress of such Vaccination in the persons so vaccinated. 4. The father or mother of every child bom in any of the said cities, after the first day of January, in the year of our Lord one thousand eight hundred and sixty-two, shall, at some such appointed time, within three calendar months after the birth of such child, or in the event of the death, illness, absence, or inability of the father and mother, then the person who has the care, nurture or custody of the child, shall at some such appointed time, within four calendar months after the birth of such child, take or cause to be taken the said child to the medical practitioner in attendance at the appointed place in the ward in which the said child is resident, according to the provisions of the preceding sections of this Act, for the purpose of being vaccinated, unless such child have been previously vaccmated by some legally qualified medical practitioner and the Vaccination duly certified ; and the said medical practitioner so appointed shall, and he is hereby required, thereupon, or as soon after as it may con- veniently and properly be done, vaccinate the said child. 6. Upon the eighth day following the day on which any child has been vaccinated as aforesaid, the father or mother, or other person having the care, nurture or custody of the said child as aforesaid, shall again take or cause to be taken the said child to the medical practitioner by whom the opera- tion was performed, or other similarly appointed medical practitioner in attendance as aforesaid, in order that such AA city to niipoliit » coiivi'int'iit niRco ill <>ii<-li Ward for tlic purpose. Parent*, &o„ bound to take children to bo vaccinated. And exhibit them to the medical prac- titioner on eighth day. 202 CITY (CHARTER AND OTHER ACTS. ( t'l'tllluato of i>iicci: » under the provisions of this Act, or any other duly qualified ubTaf um It ■,, , ,.,• 1 • n • • i^i 1^ 1 1 M 1 cine 'iineogi- medical practitioner being oi opinion that any such child as aforesaid, that has been vaccinated by him, is insusceptible of the vaccine disease, he shall deliver to the father or mother of such child, or to the person having, as aforesaid, the care, nurture or custody of such child, a certificate under his hand, according to the form C, in the Schedule to this Act ; and the production of such certificate shall bo a sufii- cient defence against any complaint which may be brought 204 CITY OIIAUTER AND OTHER ACTS. Fees under this Act. I'onalty for non-complianco with the re- quirements of tnis Act ■? against tho fathor or mother, or person having the care, nur- ture or custody of such child, for non-compliance with the provisions of tills Act. 9. In all contracts to be made under the provisions of this Act, tho sums contracted to bo paid shall not be more than twentj-fivo cents for every person successfully vaccinated, mcluding all or any of tho certificates required by this Act. 10. If any father or mother, or person so having as afore- said tho caro, nurture or custody of any such child as afore- said, shall not cause such child to be vaccinated within the periods prescribed by this Act, or shall not, on the eighth day after tho Vaccination has been performed, take or cause to be taken such child for inspection, according to the provi- sions in this Act respectively contained, then such father or motlior, or person having the care, nurture or custody of such child as aforesaid, so offending, shall be liable to a penalty not exceeding five dollars, recoverable on summary conviction before the Inspector and Superintendent of Police, Police Magistraio, or Stipendiary Magistrate appointed for the city in which tho offence was committed, or if there be no such officer, thou before any two Justices of the Peace sitting and having jurisdiction in such city ; and the provisions of the one hundred and third chapter of the Consolidated Statutes of Canada shall be applicable to the recovery of such penalties. 11. After tho expiration of two months from the conviction of any person for any offence against this Act, in respect of any child, no plea of such conviction shall be a sufficient defence against any complaint which may then be brought against tho samo or any other person for non-compliance with tho provisions of this Act in respect of the same child ; but the production of a certificate under the hand of a legally qualified medical practitioner, according to any of the forms in the Schedule to this Act, shall be a sufficient defence against any such complaint ; provided always, that if the certificate produced bo in tho form B, the production thereof shall not be a sufficient defence, unless the Vaccination be thereby postponed to a day subsequent to that on which the complaint is brought. Uocovery. How far and wlien plea of conviction shall avail. sare, nur- with the >ns of this Qore than iccinated, his Act. ; aa afore- as afore- athin the be eighth ( or cause the provi- father or ustody of ible to a summary of Pohce, )uited for lere be no ,ce sitting i^isions of isoUdated y of such onviction espect of sufficient brought mce with lild; but a legally forms in e against ertificate hall not thereby omplaint CITY CHARTER AND OTHER ACTS. 205 SCHEDULE. • Form A. I, the undersigned, hereby certify that , the child of , aged , of Ward, in the City of , has been successfully vaccinated by me. Dated this (Signed,) day of A. B. ,186 Form B. I, the undersigned, hereby certify that I am of opinion that , the child of , of Ward,, in the City of , aged , is not now in a fit and proper state to be successfully vaccinated, and I do here- by postpone the Vaccination until the day of Dated this (Signed,) day of A. B. ,186 Form C. I, the undersigned, hereby certify that I am cf opinion that , the child of > of Ward, in the City of , is insusceptible of the vaccine disease.' Dated this (Signed,) day of , 186 A. B. 206 CITY CHARTER AND OTHER ACTS. (14 AND 15 Victoria, Cap. 129.) An Act to provide means to recover from the Corporation of the City of Montreal, part of the expense incurred in guarding the Com- mon Gaol at that place. (Assented to 30t7i August, 1851.) rr ^^ ' v., c. 129. Victoria, chapter one hundred and twenty-nine, it shall be lawful for the Council thereof to impose for that purpose a special tax or assessment, over and above the amount for which such Council is then authorized by law to impose rates or assessments, and to appropriate for that purpose any part of the fees of the Recorder's Court, or to impose upon proceedings in that Court a special tax, to create a fund for the above mentioned purpose. p. Statutes that for nd Gaols, Jurors in for each and Jury a yearly ict, which from the Gaol are her local irt House ither local ig excep- BB M^i'j •210 CITY CHAHTER AND OTHER ACTS. Duty of Asses- sors in Lower ('iinada. Viiluators or Assessors in L. C. to insert certain matters in tlioir rolls. IS v.. c. 100. I'ayments in produce, &c., to be reckoned part of the rent. Valuation or assessment rolls to be attested on oatb. CONSOLIDATED STATUTES— CANADA. (Chapter 6.) registration of voters as regards lower canada only. 9. The Assessors in Lower Canada shall ascertain by the best means in their power, the owner and the tenant or occu- pant of all real property entered in the assessment roll ; and shall enter the names of such owner and tenant or occupant therein, distinguishing them respectively as the owner, tenant or occupant, as the case may be. 22 V., c. 82, s. 5. 2. Notwithstanding anything in the Lower Canada Muni- cipal and Road Act o/'lSSS, in the Acts amending the same, or in any Act incorporating any city or town in Lower Canada, every Assessor, Valuator or other person employed to make the valuation or assessment roll of property in any city, town, village, or other local Municipality in Lower Canada, shall insert in such roll, in separate columns and in addition to all other information required by law to be inserted, the actual value of every real property, the annual value of, or income derived or derivable from every such property, and the names of the owners, tenants or occupants (each in separate columns) of every such property ; 3. And whenever the rent, or any part of the rent of any real property is made payable in produce, or otherwise than in money, or any premium is paid, or any improvements are to be made by the tenant, or any other consideration is stipu- lated in favour of the owner, in reduction of the rent, — the Assessor or Valuator shall take into consideration and allow for such produce, premium, improvement or consideration in establishing the annual rent or value of such property ; 22 V. (1859), c. 10, s. 3. 4. Every valuation or assessment roll, every revised valu- ation or assessment roll, and every list of voters, made under the provisions of this Act, of the Acts hereby amended, or of CITY CHARTER AND OTIIKR ACTS. 211 A.. >A ONLY. n by the or occu- •oll ; and occupant ir, tenant la Muni- ;he same, Canada, to make ty, town, ida, shall ion to all le actual income le names olumns) it of any vise than lents are is stipu- nt, — the nd allow ration in rty ; 22 jed valu- le under ed, or of any other Act, shall be subscribed or attested by the person or persons making the same, and by any person employed under the authority of the second sub-section of the sixty-fifth section of The Lower Canada Municipal and Road Act of 1855, if any such person be so employed, and attested by his or their oath or affirmation, in the following form: " I, (or, we severally and each for himself,) " do swear (or solemnly declare) that to the best of my (or " our) knowledge and belief, the above (here insert title of " document as valuation or assessment roll, revised valuation " or assessment roll, or list of voters, «« the ease mai/ be'), " is correct, and that nothing has been improperly and fraudu- " lently inserted therein, or omitted therefrom." And such oath or affirmation shall be made before a Justice of the Peace, Avho shall attest the same ; — And the wilful making of any false statement in any such oath or affirmation, shall be wilful and corrupt perjury, and punishable as such, as provided by the Interpretation Act, which shall apply to this Act. 22 V. (1859), c. 10. s. 4. 10. It shall be the duty of the Assessors in every incor- porated city, and in every local municipality in Lower Canada, in which city or municipality assessment rolls are not required to be or are not made annually, to revise and correct every year, until the next general assessment roll is made, the then existing assessment roll so far as regards the names of the owners and tenants or occupants of all real property, entitled under the provisions of this Act to be entered on the list of voters at the elections of members of the Legislative Council or Assembly ; and such revision and correction shall be made annually at and during the same period of the year at and during which the original assessment was made ; and every such revised and corrected assessment roll shall be delivered to the Treasurer or Secretary-Treasurer of the Municipality, in the same manner and within the same delay as the original assessment-roll is required to be delivered. 11. The Clerk, or Treasurer, or Secretary-Treasurer of every such city and of every such local municipality, shall, immediately after the assessment-roll has been received by The oiith Before wlioiii t«i bo iiiaclc. False stntcmoiit to be perjury. Assessors to re- vise and correct assepsment roll every year, &c., in certain reii- pects. At what time. To whom to be delivered. The Clerk of the Municipality to make a list of persons iiuali- tied to vote, rtis- i 212 CITY CHARTER AND OTHER ACTS. tiiigii{»liin)(ton- iiiitR f)-uni own- ers, &o. .Separate lists for oacli Ward in cities. I'rocecdingg when a Munici- i)ality is partly in one electoral division and partly in another. Clerk, &o., to certify on oath of the correct- ness of such list, .tc Duplicate to the Ilegistrar of the county. List to be re- vised, &c., yearly. Copy to be posted up, and where. the Clerk, Treasurer, or Secretary-Treasurer of the Munici- pality, make an alphabetical list of the persons who appear by the assessment-roll to be qualifiecl, under this Act, to vote at elections of members of the Le<^islative Council or Assem- bly, in respect of property mentioned in such assessment roll, distinguishing such persons as appear qualified as owners from those qualified as tenants or occupants, and shewing the number of the lot or part of lot, or other description of the real property in respect of which they are so qualified ; and in every such incorporated city, the Clerk or Secretary- Treasurer shall make out for each ward a separate list of the above kind, of all persons entitled to vote in respect of real property situate within such ward ; 2. If any Municipality is partly in one electoi'al division and partly in another for the purposes of any such election, the Clerk or Secretary-Treasurer shall make out for each of such electoral divisions, one such alphabetical list containing the names, with such description of property, of all persons on the assessment-roll Avho are entitled to vote in respect of real property situate in each of such electoral division.s respectively ; 3. Such Clerk, Treasurer or Secretary-Treasurer shall certify by oath or affirmation, before any two Justices of the Peace, to the correctness of the list or lists so made out by him, and he shall keep such certified lists among the records of the Municipality, and shall deliver a duplicate thereof when finally revised and corrected, certified by oath or affirmation as aforesaid, to the Registrar of the county or registration division within which the Municipality lies ; 4. And the Clerk, Treasurer or Secretary-Treasurer in any city or municipality in which assessment rolls are not made annually, shall make out in the same manner an alpha- betical list of the same kind from the assessment roll as annually revised and corrected by the Assessors ; 5. A copy of every such list shall be kept publicly posted up in the office of the said Clerk or Secretary-Treasurer, for the information of all parties concerned, such copy being corrected by the said Clerk or Secretary-Treasurer by the being by the original wlicn finally revised as hereinafter provided, and again posted up as aforesaid. 12. The list of voters made in the manner hereinbefore prescribed for any Municipality in Lower Canada (not in- cluding cities), shall be subject to revision and correction in the same manner and by the same authority by which the assessment roll may by law bo revised and corrected ; and application may bo made by parties desirous of having the same corrected, in the manner and during the period of time provided by law for making applications for corrections in the assessment roll ; 2. And in cities, such members of the City Council as shall be appointed by such Council for that purpose (or if there be a Bosird established by law for revising the list or lists of municipal electors or voters, such Board), shall be a Board for revising the Hst of voters, and application may be made by parties desirous of having the same corrected, in the manner hereinafter mentioned during such time as shall be appointed by the City Council ; 3. The -said Board or other authority shall take cognizance of any complaint made in writing by one or more electors, to the effect that any property designated in such complaint has been overvalued in the valuation roll, provided such over- valuation would liave the effect of giving the right of voting to a person not otherwise entitled to vote : And the said Board or other authority shall determine such complaints in the manner, and Avith the formalities appointed with regard to the complaints referred to in the following section. 13. If any person deems himself aggrieved either by the insertion or omission of his name in any such list, he shall, either by himself or his agent, give notice thereof in writing to the Clerk or Secretary-Treasurer of the city or munici- pality, within the period aforesaid, stating generally in what manner, and for what reasons he holds himself aggrieved ; and the complaint shall be tried and determined by the said Board or authority at such time and place as it shall appoint, of which reasonable notice shall be given to the complainant and to the Assessor or Assessors who made the roll. 22 V., c. 82, s. 5. Li.«l iH-t III rovlHi,..!, mill by whuiii. In places otiici than citiex. In citifH. Koard may cor- rect ovi-r vnliiii- tion, it' it wotilil j?ivo n vote to a jmrty not otlit-r- wisooiititk'il. How persons dccmnig tliciii- solves ajiKrioved with regard to such lists, shnll proceed. i 214 CITY CHARTER AND OTHER ACTS. IVraonrionilttod fVoiu tlio lltit lio< caiiKc tlicy aro not on tho am- HPSRmont roll, &c., may com* plain and ap- |)('al. If any porxon •■ntcroil on tlin lint Is ohjcctod to ; or any per- son Is omitted who Is ulloiied to boiualifled. Notice to par- ties. Board, after hearing parties, finally to deter- mine, &o. I'roceedingg of tho Hevising Itoard on any a. And wlionover tho nnino of any voter entitled to have his natno ontorcd on tho valuation or assessment roll, or on tho revised valuation or assessment roll, is omitted from the list of voters, in consequence of its having boon omitted from any such roll or revised roll, such person shall have tho same right of complaint and of appeal in order to have his name placed on tho said list of voters, as if it had been omitted from the said list after having been inserted in such roll or revised roll. 22 V. (1859), c. 10, s. 6. a. If any person, being himself a voter whose name is on tlio list, thinks timt tho name of any otlicr person also entered thereon ought not to have been so entered because such other porscm is not duly qualified as a voter, — or thinks that the name of any other person not entered thereon should be so entered because such person is duly (jUalified as an eloctor, he may file a complaint to that effect with the Clerk or Secretary-Treasurer of the city or municipality withia tho period aforesaid, stating his complaint and the grounds thereof, and tho complaint shall be tried and determined by tho Board or authority aforesaid at such time and place as it shall appoint, of which reasonable notice shall be given to tho complainant and to the Assessor or Assessors who made the assosamont roll, and to the person the .atry of whose name on tho list is objected to, if he resides within the limits of tho city or municipality (and, if not, such notice shall be openly posted up in the office of the said Clerk or Secretary- Treasurer for tho information of all concerned), or to the person whoso name is not entered on the said list, but ought to be entered thereon if tho complaint be admitted ; 4. At tho time and place so appointed as aforesaid, or any other time and place to which the hearing may be adjourned tho said Board or authority shall, after hearing such of the parties notified as aforesaid as then and there appear, or with- out hearing any of them who fail so to appear, finally deter- mine tho complaint and affirm or amend the said list by entering thereon or erasing therefrom the said names, as after such hearing they think right ; 5. The said Board or authority shall hear and determine any such complaint as aforesaid, and correct the list of voters CITY CHARTER AND OTHER ACTS. 216 ;ermine voters according to such dotermination, and may adjourn the hearing in any case at pleasure, and may examine any party or any witness adduced hy any party, or any documents or writings offered as evidence, and administer or cause any one of their number to administer an oath or affirmation to any party or to any witness adduced before them, or summon any person resident in the city or municipality to attend as a witness before them ; — And if any person being so summoned shall fail to attend at the time and place mentioned in the sum- mons (being tendered compensation for his time at the rate of fifty cents a day, such compensation to be paid by the party whom the said Board or authority condemns to the payment thereof), he shall thereby incur a penalty of twenty dollars, to be recovered with costs, to the use of the city or municipality, in any way in which penalties under By-laws can be recovered ; 6. All the proceedings under this section shall be summary, and the Board or authority hearing any such complaint as aforesaid (whether in any city or in any other municipality) shall not be bound by any technical rules of proceeding or evidence, but shall proceed upon and determine such com- plaint to the best of their nbility, in such manner as they deem most conducive to equity and the substantial merits of the case ; 14. Any person who has filed any complaint to the Board or authority for revising the lists of voters in any part of Lower Canada, or concerning whom a complaint has been filed, and who deems himself aggrieved by the decision of such Board or authority touching such complaint, may, Avithin eight days after such decision has been given, appeal there- from to the Superior or Circuit Court at its place of sitting in tie Municipality or nearest thereto, by a petition setting forth briefly the grounds of appeal, and shall serve a copy of such petition on the Clerk or Secretary-Ti'easurer of the city or other municipality, who shall give reasonable notice thereof to the Assessor and other parties concerned. 2. Any Judge of the Superior Court shall have full poAver and authority to hear and determine such appeal in a sum- RUCll COIIiplHillt, uikI tlicir iiow- crt t(» docliio, &c. Kvldciioo— OlltllH. coiiipcllublo to nttoiid, ifcc. Such proceed- ilia's tu be 8UII1- iiiury, &c. Appeal Riven from flio Itevis- iiig Uoard to the Superior or Circuit Court. Judge to hear and determhic on each appeal 216 CITY CIIAUTKU AND OTHKR ACT.^. Ill n Kiimmary win . IIU jinwor* for tlint |iur]iui)0. nil (l(>ci8ion to 1)1' llllHl. rust!) of apponi, liuw and against whom taxable. Ai to evidence. Appeal not to afl'cct parts of list not appeal- crt from. JJst Hnnlly re- visc'd to bo re- turned and posted up. No one not upon it to vote. mary miuincr oithor in term or vacation, at sncli timo and in such way as he thinka best for ensunn<^ justice to all jiartics, and niny direct that any further notice ho given to any party, if ho thinlv8 proper, and shall have the powers for sniniuoning before him and examining on oath or affirmation, any party or witness and compelling tho production of any document, paper or thing, and generally all other j)ower8 which arc vested in tho Superior or Circuit Court in relation to any matter pending before it, Itut shall not bo bound to observe any form of proceeding, o.xcopt such only as ho shall doom necessary for doing substantial justice to all parties ; 3. Tho decision of such Judge shall bo final and conclusive ; and tho Clerk or Secretary-Treasurer having custody of the Hat of voters to which it relates, shall correct the same, if any correction bo ordered by such decision, immediatoly on receiv- ing a copy thereof certified by the Clerk of the Court by which it has been given ; 4. The costs of any such appeal shall bo in the discretion of the Judge, and shall be taxed by him at such sum and for and against such parties respectively as ho thinks right ; and any party in whose favour any such costs are taxed, may recover them from tho party against whom they are taxed, by exocution in the manner in which costs awarded by any judgment of tho Court may be recovered ; 6. No evidence shall be received by tho Judge on any such appeal, except such as he sees reasonable cause to think was adduced before tho Board or authority to whom tho com- plaint appealed from was made ; And the pendency of any such appeal shall not affect tho validity of those parts of tho lists of voters from which no appeal is made, but tho same shall for all the purposes of this chapter be deemed finally revised and corrected so soon as the delay allowed for appeal- ing has expired : And no proceeding on such appeal shall be void for want of form. 15. After any such list has been revised and finally cor- rected, it shall be restored to the Clerk or Secretary-Treasurer, who shall forthwith correct by it tho copy posted up in his office ; and until another is in a future year made, revised CITY ClIABTKR AND OTHER ACT?. •21' i and in parties, y party, nnoning »y party cumcnt, lich aro { to any observe ill (loom icUisivc ; y of the le, if any n receiv- Jourt by liscrction ji and for ;ht ; and (cd, may taxed, by any on any to think the com- y of any ,3 of the le same d finally appeal- shall be ally cor- •casurer, p in his revised and correctcMl iu its stead, those persons only whose names are entcreil upon such list, as finally revised and eorreeted, shall be entitled to vote at any oleetion of a member of the Leji;islative Council or Assemltly for the eity or municipality for which it was made, or the electoral division of which such city or municipali y forms part. 1<>. The Clerk or Secretary-Treasurer of any city or muni- <'..|iIi'moj \wt<- cipality as aforesaid, shall furnish to every l)eputy-Returnin<^ t"i I'l.imty- Omcer actmj^ m such city or mmucipality, or m any ward or (micirH. division thereof, a true copy or true copies, certified by such Clerk or Secretary-Treasurer, of the list of voters then last revised and corrected as aforesaid, or of so much thereof as relates to the locality for which such l)eputy-Returnin<^ Ofiicer Is to act ; and such Deputy-Returning Officer shall not receive the vote of any person as being a voter (pialified by reason of his being entered on any assessment-roll, unless the name of such [)erson is found ujton the copy of the said list furnished to him. 22 V., c. 82, s. o. 2. If at the time of any election, no list of voters for the iiiioiiMt«\i-i> 11 1 • ii i^ 1 • /v<«« lor iiiiv vfur, current year has been made or exists, tlic Keturnmg Ofncer th.'iii.'.ri.i-i hm and Deputy-Returning Officers for such election shall be fur- nished with the list of voters last made or existing, and shall govern themselves thereby ; and such list shall have the same effect as if it were the list for the current year. 22 V. (185!)), c. 10, s. 5. 3. If the Clerk or Secretary-Treasurer of any city or muni- if thp \wt oi cipality in Lower Canada does not furnish to every Deputy- inrnisiiod to Returning Officer acting in such city or municipality, or in any HciurnlnK oni- ward or division thereot, a true cony or copies oi the proper ingoiHccrsimii „ . . jiroeuic it from list of voters, or of so much thereof as relates to the locality for <•»« K^Kistmr. which such Deputy-Returning Officer is to act, the Returning Officer shall procure from the Registrar of the county or regis- tration division, or if he be himself such Registrar shall furnish, a copy certified by him to be correct, of the then last list of voters for such municipality, part of a municipality or ward, filed in his office, and shall cause the same to be delivered to the Deputy-Returning Officer ; and the cost of such copy shall cost, how imi.i. be paid by the Clerk or Secretary-Treasurer in default, and CO 218 CITY ClIAUTER AND OTHER ACTS. No voting whoro no list. Proviso: For tlif! caso wlien Valuators ap- poiiitoil by tlio (jiovernor, uii- il(;r the munici pal laws, IIP- Pflect to make tlio valuation. If tho Clerk, &c., of any Municipality neglects to draw up the al])habctical list required, &c. may bo rccovorod from liim or from the mmiicipality of which ho is such t)f!ioiM', by tho Returning Officer or Registrar Avho lias procured or furnished such copy. 22 V. (1859), c. 10, s. 7. 17. No voting shall he taken, nor shall any poll be held in any municipality in which no hst of voters has been made : 2. Rut if tho Valuators appointed by the Govenior, under the Municipal Law in force in Lower Canada neglect to make tho valuation ro(iuircd by tho said law, the Governor shall, on tho complaint of tlio Chief Officer of the Municipal Council, or of tho Registrar of tho county, or of two proprietors duly (lualified to vote in the said municipality, appoint in their place other Valuatjrs, who shall be required to make the said valuation in tho manner in which it ought to have been made by tho Valuators whose duty it was to have made it, and they shall in this respect have all the same rights and powers to exercise, and all tho same duties to perforin, and shall be bound under the same penalties in case of failure or neglect on their part, and tho provisions of the said law shall apply to them in tho same manner as to the first Valuators appointed by tho (jovornor ; — And the time to be allowed to the former Valuators as well as to those subsequently apjjointed by the Governor for making tho said valuation, shall be twenty days from the day on which their appointment has been announced in the Canatta ihizette ; 3. And if tho Clerk, Treasurer, or Secretary-Treasurer neglects to draw u|) tho alphabetical list as l-equired by the eleventh section of this Act, the Governor, on the complaint of tho (Jhief ( )fficcr of tho Municipal Council of the city or other municipality, or on the complaint of the Registrar of the county, or of two duly (|ualified voters of the said city or municipality, shall appoint a Clerk ad hoc to make the said alphabetical list, and tho said Clerk ad hoc shall in that res})ect bo vested with all the same rights and powers, and shall have all tho same duties to perform, and under the same penalties in case of failure or neglect on his part, as the Clerk of the Municipality himself, and the Chief Officer and the other Officers of tho said Municipal Council (in so far as it shall CITY CHARTER AND OTHKR ACTS. 219 of which itrar who 859), c. )e held in n made : )r, under t to make shall, on ouncil, or :or3 duly in their 3 the said een made and they lowers to shall be r neglect lall apply ppointed le former by the nty days niounced rcasurer 1 by the omplaint city or ar of the city or the said in that ers, and ihe same le Clerk he other it shall List of voters to be revised niid corrected by Kovisors. rroviso: If witliin a certain timcit bcsliown to u Jud;;n tliat any Bucli list lias been taniiHTOd witli, &c. depend on each of them) shall be bound to deliver up to the said Clerk ad hoc the said valuation-roll, under the penalties imposed by the twentieth section of this Act. 18. The list of voters mentioned in the eleventh section of this Act, shall be considered finally revised and corrected when it has been so revised and corrected by the authority of the Board of Revisors mentioned in the twelfth and thir- teenth sections ; 2. But if between the day of such final revision and cor- rection, and any time before the issuing of a writ for the election of a member of the Legislative Council or Assembly, it be shown to any Judge of the Superior Court in Lower Canada, that the Clerk or the Secretary-Treasurer of a city or Municipality has altered or falsified the said list of voters as finally revised and corrected, or allowed the same to be altered or falsified, the said Judge shall summon the said Clerk or Secretary-Treasurer of the said city or Municipality, or other Officer in charge of the assessment or valuation rolls, to appear before him and to produce the same, together with the list of voters, and to undergo such an examination under oath as the Judge may require ; 3. At the time and place appointed for the appearance of such person, the Registrar shall appear before the Judge, bringing with him the duplicate of the alphabetical list : And after an examination of the said roll and list, and with or without further proof, as he shall see fit, the Judge shall make such alterations and corrections in the said list and duplicate thereof as he considers necessary and proper, in order that the said list and duplicate may be in all respects similar to the Rolls and list to bo produced before the Judge. Jiidgo to order correction?, if necessary. list as finally revised and corrected. 22 V. (1859), c. 10. 22 v., c. 82, s. 5, and ■I'20 CITY CHARTER AND OTHER ACTS, m \m li; rreamble. Within what time tlio revised assessment roll must bu made, under sect. 10 of Con. Stat. Can., 0. (5. Ill default, Assessors to bo appointed by the Governor to make it. When the list of voters must bo made. (27 Victoria, Cap. 8.) An Act to amend the law respecting the Qua- lification and Registration of Voters in Lower Canada. (Assented to 15th Octoher, 18G3.) HER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. The duties imposed upon Assessors by the tenth section of the sixth chapter of the Consolidated Statutes of Canada, shall be performed between the first days of June and August in every year in which a valuation roll is not required by laAv to be made ; and if a revised and corrected assessment roll be not delivered by the Assessors of any Municipality to the Treasurer or Secretary-Treasurer thereof, on or before the first day of August in any such year, three Assessors shall be appointed by the Governor for that purpose, in the manner provided by the fifty-sixth section of the twenty-fourth chap- ter of the Consolidated Statutes for Lower Canada, and they shall revise, correct and return to the Treasui'er or Secretary- Treasurer, as the case may be, the assessment roll of such Municipality, within fifteen days next after the date of their appointment ; and such revised and corrected assessment roll shall, upon such return, be held to be revised, corrected and in force, within the meaning of the said sixth chapter of the Consolidated Statutes of Canada. 2. The duty of making an alphabetical list of voters, im- posed by the eleventh section of the sixth chapter of the Con- solidated Statutes of Canada upon the Clerk, Treasurer or Secretary-Treasurer of each city or local municipality, shall be performed within fifteen days next after the return to him of the valuation or assessment roll, or the revised valuation or assessment roll, as the case may bo. CITY CHARTER AN > OTHER ACTS. 221 3. The Clerk, Treasurer or Secretai-y-Treasurer, as the case may be, of each city and municipality, shall deposit 'with the Registrar of the registration division in which such city or municipaUty is situate, within fifteen days after the com- pletion of the voters' list, a duplicate thereof, certified and attested in the same manner as is required by law for the original voters' Ust, to be retained by him. 4. The voters' list then last made and in force in the Cities of Montreal and Quebec, according to the requirements of chapter six of the Consolidated Statutes of Canada, or in any other municipality, according to the requirements of this Act and of the said chapter six, shall be the voters' list, a copy of which shall be furnished to each Deputy-Returning Officer, and which shall be used at any election of a memlicr of the Legislative Council or Assembly, provided such list has been made, revised, corrected, and a duplicate thereof, duly certified, deposited in the Registry Office, at least one month before the date of the writ under which such election shall be held ; and in case such duplicate has not been deposited in the Registry Office at least one month before the date of such writ of elec- tion, then the voters' list last previously made and in force, and a duplicate whereof had been deposited in the Registry Office at least one month before the date of such writ of elec- tion, shall be used ; and no such copy shall be delivered to, or used by, any such Deputy-Returning Officer, unless there is upon such copy a certificate of the Registrar, that a dupli- cate of such list was deposited in his office at a date at least one month prior to that of the writ of election, which ( ortificate the Secretary-Treasurer, the Returning Officer, or Deputy- Returning Officer, as the case may be, shall procure from the Registrar. 5. Nothing in this Act contained shall prevent the lists of voters, made as aforesaid, from being revised and corrected in the manner prescribed by the twelfth, thirteenth, four- teenth and fifteenth sections of chapter six of the Consoli- dated Statutes of Canada. 6. The actual assessed value of real property shall be the basis of the right of the owner thereof or of the person occu- Diiplicato of li.^t fi) be (le- PD.siti'd with l{oKistnir. What voters' list slmll bo used at any election. Kogistrar's cor- tilicatc required on the list used. Act not to pro- vent revision and correction of list. What shall bo the value by wliich an own- '222 CITY CHARTER AND OTHER ACTS. cr's or toiiniit'H i-iKlit to vote Nlmll bo nticor- tiiiiiod. Sect. 17ofc. Con, Sfnt. Can, iiincndod. No vo(in(?, un- less list ImB been nmdo and do- nosited witli liegistrar. I'onalty for rcl'uKal or neglect to conii)ly with this Act. Lltni;ation and construction of Act. pying the same as the owner thereof, to vote in respect thereof ; and the annual rent or profit, derived by the oAvner of any real property from any other person leasing or occu- j)ying tlic same as tenant, shall be the basis of the right of such other person to vote as the tenant thereof ; and the annual value ascertained by the Valuators, to any occupant within the meaning of chapter six of the Consolidated Statutes of Canada of the use of such property, shall be the basis of the right to vote as the occupant thereof. 7. The first paragraph of section seventeen of the said chapter six of the Consolidated Statutes of Canada, shall be amended so as to read as follows : " No voting shall be taken, nor shall any poll be held in any Municipality in which no list of voters has been made and a duplicate thereof, duly certi- fied, deposited with the proper Registrar at least one month before the date of the writ of election." 8. Every Assessor or Valuator who shall refuse or neglect to revise the assessment or valuation roll, or to deliver the said roll so revised to the Secretary-Treasurer, on or before the first day of August in any year in which a new assessment or valuation roll is not by law required to be made, — every Clerk, Treasurer, or Secretary-Treasurer of a city, town, vil- lage, or other local muncipality, who shall refuse or neglect to make the list of voters within the time limited by this Act, or to transmit to the proper Registry Office a duphcate of the lists of voters within the time limited by this Act, or to perform any duty imposed on him by this Act — shall be liable to a penalty of ten dollars for each day during which such Assessor, Valuator, Clerk, Treasurer or Secretary -Treasurer shall have refused or neglected to perform any such duty imposed on him by this Act, y. This Act shall apply only to Lower Canada, and shall be construed as part of the said chapter six of the Consoli- dated Statutes of Canada. CITY CHARTER AND OTHER ACTS. 223 (27 Victoria, Cap. 2.) MILITIA. {Extract.) SERVICE ENROLLMENT IN LOWER CANADA. 10. TIic mode of enrolment of the Militia shall in Lower mocIp of onroii- Canada be .13 followa, that is to say : — the Assessor or Asses- iu^^L.'c. sors, Valuator or Valuators for each Muncipality in Lower Canada, in which a valuation or assessment roll is made in uoiis to iic each year, shall, annually, and the Assessors or Valuatoi-s sorsoiVuhi-" in each Municipality in Lower Canada, in which such roll is not made annually, shall in each year after the present in which such roll is made, commencing with the year one thousand eight hundred and sixty-four, and at the same time when they are engaged in taking the assessment or valua- tion of real and personal property in their respective munici- palities, include in their valuation or assessment roll, the names and residences of all male persons in their respective municipalities between the ages of eighteen and sixty years ; and they shall prepare three additional columns in such valua- columns tor tion or assessment roll, which will be headed respectively c'assofoF"* '' First Class Service Militia Roll,"— and " Second Class """^''*"«^"- Service Militia Roll," — and " Reserve Militia Roll." And they shall insert in the " First Class Service Militia Roll" First class, the names of all male persons of eighteen years of age and upwards, but under forty-five years, who are unmarried men and widowers without children ; and in the " Second Class second. Service Militia Roll " the names of all persons of eighteen years of age and upwards, but under forty-five years of age, who arc married men and widowers with children ; and in the Reserve Militia Roll," the names of such persons as are ueservo. forty-five years of age and upwards, but under sixty years ; and the copy required by law to be made of any such valua- copytransnut- u 224 CITY CHARTER AND OTHER ACTS. tC(! to Warden to contain such rolls. C'prtificato to be attaclicdtosuch rolls. And attested on oath. Kolls to bo sent to County Warden from certain munici- palities iu L. C. I'rovisiou as to municipalities in Lower Ca- nada where assessment rolls are not made yearly. Proviso: Offi- cers of militia may be ai)- pointe. .Secretary- Treasurer to have the rolls and make the county roll from them. to the ordinary vahiation or assessment rolls and the miUtia roil forming part thereof. 13. Provided always. That in all cases where the Com- mander-in-Chief shall "find that a failure to make the Militia Roll for any Municipality has occurred, or sees reason to fear that such failure may occur, in any year, he may appoint one or more officer or officers of militia, resident within such Municipality, to make the Militia Rolls therein for such year; and such officer or officers shall then have, with respect to such rolls all the powers, and perform all the duties, and be subject to all the liabilities, which the Assessors or Valuators for such Municipality would otherwise have had or have been subject to, with respect to the same. 14. The Secretary-Treasurer of each County Council in J jower Canada, to whom the copies of the proper assessment, \ aluation or local militia rollsy shall for that purpose be forth- with, after their receipt, delivered by the County Warden, shall, within fourteen days after the receipt by him of such rolls carefully compile from them the County Militia Rolls, shewing the names and residences of those on the " First Class Service Militia Roll," " Second Class Service Militia Roll," and " Reserve Roll," and shall make and attach to the said Rolls the following certificate to be signed by him : • "' I do certify that I have truly and faithfully compiled "' from the assessment, valuation and militia rolls of the sevei'al •' Muncipalities in the County of the County " Militia Rolls hereto appended." And shall verify the same on oath before a Justice of the Peace, and such County Militia Rolls, so certified, shall be by the said Secretary-Treasurer forthwith delivered to the Registrar of the County, to be filed in his office for use as aforesaid ; and the Secretary-Treasurer of such County C^ouncil shall be paid for the same at the rate of twenty-five cents for the compilation of the names and residences of every one hundred persons on the said County Militia Rolls. 15. The several provisions of the Lower Canada Consoli- dated Municipal Act, and the Acts amending it, and the jtrovisions of every special Act incorporating or governing 1>D Certificate. Oath. County roll8 t» be given to una kept by the liogistrar. Fee to Secre- tary-Troasuicr. rrovisions and powers tor niukiiig assess- ment rolls, ox- 226 CITY CHARTER AND OTHER ACTS. tended to mui- any town or city in Lower Canada, relative to assessments or valuations, shall be applicable to the enrolment of the Service Militia hereinabove mentioned, and shall, in so far as such enrolment extends, be read and deemed as part thereof, and every Assessor or Valuator shall, as regards the making of the said militia rolls, have the same duties and powers and the same liabilities, in case of any default on his part, as he has with regard to the assessment or valuation rolls. Tftvern.kcepcw 16. All tavem-keepers, keepers of boarding houses, persons necMsary infor- having boardors in their families, and every master and mis- tress of any dwelhng house, shall, upon the application of any Assessor or Valuator, give information of the names of all persons residing or lodging in such house, liable to be enrolled, and all other proper information concerning such persons as such Assessor or Valuator may demand. \ i* t CITY CHARTER AND OTHER ACTS. 227 27 AND 28 Victoria, Cap. 41. (Extract.) Jury Lists. Sec. 4. Within two month0 from the time at which this Act comes into force, the Clerk or Secretary-Treasurer of every Municipality, any part of which is within ten leagues of the place of holding the Court in the District in which such Municipality is situate, shall cause to be made and to be delivered without charge to the SheriflF of such district, at his office, a duly authenticated copy of the assessment or valua- tion roll of such Municipality, then in force therein for muni- cipal purposes ; or if such roll has been revised and corrected under the provisions of chapter six of the Consolidated Sta- tutes of Canada, intituled : An Act respecting Election of Members of the Legislature, then of such roll as so revised and corrected : Sub-sec. 12 of sec. 4. — If any Clerk or Secretary-Trea- surer of any Municipality fails to cause an authenticated copy of its assessment or valuation roll, or revised assessment or valuation roll, as the case may be, to be transmitted within the respective periods of two months, and free of charge to the Sheriff, as hereinbefore provided, the Sheriff shall procure the same from the Secretary-Treasurer ; and he may recover from the Municipality his disbursements in and about pro- curing the same, including all travelling expenses of a mes- senger, if one be sent ; together with a like amount by way of penalty for such failure, with costs, by suit in his own name, before any competent tribunal. Copies of valu- ation rolls to b<> sent to the She- riff of tba dis- trict. ■ Or of revised rolls, under cap. Con. Stat. Canada If the rolls bv not transmitted in due time to the Sheriff. Penalty. P^RT SECOND. BY-LAWS ov THE CITY OF MONTREAL. BY-LAWS ov THE CIT^' OK MONTI IK A L. CHAPTER I. B By-Law in relation to the Mayor. E it ordained and enacted by the Council of the (Mty of Montreal, as follows : Sec. 1. The Mayor of the said City shall exercise the right n... Mayor'- of superintendence an i ontrol over all Officers of the Cor- '""""'*' poration ; he shall aoc that all By-laws, Rules and Regula- tions of the said Viiy m'o faithfully and impartially enforced, and it shall also be tJhe duty of the said Mayor, from tinio to time, to lay before the Council of the said City such Ry-laws or alterations in those in force, as he may deem necessary and proper, and to communicate to the said Council all such information and suggestions as may tend to the improvement of the Finances, the Police, Health, Security, loanlincss, Comfort and Ornament of the said City. Sec. 2. The said Mayor is hereby authorized to sign, seal The Mayor iuid execute, on behalf of the said Council, all Deeds, Bonds, S&'/'ic. Contracts, Agreements or Assurances made and entered into or directed to be entered into by the said Council. 2:?2 HY-LAW8 OP TllK CITY OF MONTREAL. CHAPTER II. By-Law in relation to the City Clerk. CllyClork to attuiid iiM'ctingt'. 'I'o keoj) minutes. lit- Mhnll keep 11 book for Hv-lnws. Also II Letter- liook. City I'lerk sliall liavo cliargu of tho City Seal. Kfi' for .Seal. Notices to IIK'inlHTR, J'lipi'iv and rtoounicnts tobo (lelivercd to iiieml)or». BE it ordained and enacted by the Council of the City of Montreal, as follows : Sec. 1. 'J^ho City Clerk shall attend all meetings of the Council and of the several Committees, and shall keep minutes of all such nioetings respectively : he shall have proper records of such minutes made and kept in his office in books to be provided for that purpose. Sec. 2. It shall bo the duty of the said City Clerk to keep a separate* and distinct l)ook,in which shall be entered in full all IJy-luws and Regulations made and enacted by the Coun- cil ; and also to enter in a separate book, copies of all letters written by order of the Council or of any Committee. See. 8. It shall be the duty of the said Clerk to keep under his charge and custody the Common Seal of the City, and to affix the same to all documents or instruments in writing which may, from time to time, be made, granted ov issued, by order of tho Council or signed by the Mayor. Sec. 4. There shall be paid to the City Clerk by every person who shall d(!sire the Seal of the said City to be affixed to any document whatsoever, in which the Corporation shall.be in no wise concerned, the sum of fifty cents. Sec. T). It shall be the duty of the said Clerk to issue or cause to be issued to tho respective members of the diffijrent Committees, notices of all meetings thereof, and also notices to all persons whoso attendance may be required before such Committees, when directed so to do by the Chairman of any Committee. Sec. 0. It shall be the duty of the said Clerk, when required by the Mayor or tiie Chairman of any Committee, to deliver to the same all papers and documents under his charge, which BY-LAWS OF THE CITY OF MONTREAL. 283 may be required to be acted upon by the Council or the said Committee. Sec. 7. It shall be the duty of the said Clerk, after the pass- cierk to trans- ing of any resolution of the Council, directing the payment of rosofuHons to any sum of money out of the City Treasury, to communicate ^^ ' the same to the City Treasurer ; and also to transmit, without delay, to the several Committees, copies of all resolutions, orders, or communications that may be respectively referred to them by the Council. CHAPTER III. By-Law in relation to the City Treasurer. B E it ordained and enacted by the Council of the City of Montreal, as follows : Sec. 1. The City Treasurer shall keep a regular set of books, city t . i-'-i- _i-_ii 1-1-jii. i. 1 to keei roasurer in which shall be opened and kept as many accounts, under booiks.^ *"* ° appropriate titles, as may be necessary to shoAv distinctly and separately all the receipts and expenditure of each de- partment, and also all the debts due to the Corporation by ratepayers. Sec. 2. The said City Treasurer shall take charge of, and to take charge preserve all titles, deeds, leases, mortgages relating to &c.* ^' ^ ' property belonging to the Corporation, and of all evidences of debts due to the Corporation. Sec. 3. The said City Treasurer shall superintend all Officers To superintend of the Corporation, whose duty it is to receive or disburse wuu collection the public funds of the City, and shall compare their accounts ** °" ^' with the vouchers accompanying the same and with the books of his office. Sec. 4. The said City Treasurer shall use all due diligence city Treasurer to enforce the collection of all assessments, rates, or debts collection of EE revenue. 284 BY-LAWS OF TUB CITY OF MONTREAL. Hooks for deeds, lenses, &c. whatsoever due to the Corporation ; he shall examine and settle the accounts of all persons indebted to the Corporation ; and he shall adopt such legal proceedings, in the name of the Corporation, as may be necessary to secure the payment of such assessments, taxes, and debts, or to obtain possession of any premises belonging to the Corporation. Sec. 5. The said City Treasurer shall keep proper books for recording such deeds, grants, and leases, as may be given or issued by the Corporation, or in which the said Corporation may be a party. Sec. 6. The said City Treasurer shall keep separate books for iiioney8"d'rawn the entry of all accounts for moneys duly drawn upon him ; he shall not pay any moneys in his hands unless the same be first appropriated by a resolution duly passed by the Council, to the object specified in the warrants issued ; and he shall in no case exceed by his draft the sum appropriated. In the event of any appropriation being exhausted, he shall give notice of the fact to the Finance Committee, with a state- ment of the sums which have been drawn on such appropri- ation. To enter in a book nil upon Not to exceed amount of appropriation. AVhen appro- priation is exhausted, ( 'ity Treasurer to adjust ac- counts, &c. To lodge moneys in the Bank. lie shall open nn Appropria- tion book. Sec. 7. The said City Treasurer shall adjust the accounts of all the committees appointed by the Council, and classify the accounts of each department under its proper head. Sec. 8. The said Treasurer shall lodge, at least once in every week, in one or more banks in the City of Montreal, as the Finance Committee «hall direct, all moneys by hitn received on account of the Corporation ; and ho shall thereupon make , a report, once every month, to the said committee of the amount of such moneys so deposited, and of the amount by him drawn from such bank or banks, under any warrant or warrants duly issued. Sec. 9. It shall be the duty of the City Treasurer, at the com- mencement of each civic year, to open a book to be called " Appropriation Book," wherein shall be stated the appropria- tions granted to each department of the Corporation during the year, and the amount expended thereon, to the end that whenever any such appropriation shall have been exhausted, id settle on; and e of the ment of 3ssion of aooks for given or 'poration books for )on him ; same be Council, he shall In the liall give L a state- appropri- accounts classify 3ad. once in ;real, as received )on make , of the Qount by arrant or , the com- be called ppropria- n during end that :hausted, BY-LAWS OP THE CITY OF MONTREAL. 235 he shall immediately communicate the fact to the Mayor or the Finance Committee, that he or they may withhold further expenditure on such appropriation ; the said appropriation book shall be regularly balanced at the end of each civic jcar. Sec. 10. The City Treasurer shall, as early as may be in the city Tieasmcr month of March in every year, lay before the Finance Com- statement at tiie mittee, a statement of all the receipts and expenditure of the past financial year, giving in detail the amount of appropria- tion and expenditure for each department, and the receipts from each source of income ; and the said statement shall be accompanied by a schedule showing the debts due by the City, when payable, and the rate of interest thereon. CHAPTER IV. By-Law in relation to the City Surveyor. B E it ordained and enacted by the Council of the City of Montreal, as follows : Sec. 1. The City Surveyor shall be chief overseer of all city surveyor, streets, squares, highways, common sewers, and all other authority^, public works or places, ovci" which the said Council have the right of supervision or control. Sec. 2. The said City Surveyor, under the direction and lUs duties, control of the Road Committee, shall have charge of all the plans in connection with the Road Department: he shall, by himself or his deputy, make all such surveys, admeasure- ments and levels, and perform such other services as may be required of him by the said Council,"or the Road Committee : he shall also keep records of all his proceedings in proper books, which shall, at all times, be open to the inspection of every member of the Council. 236 BY-LAWS OF THE CITY OP MONTREAL. Uopnty City Surveyor. His powers. City Hurvcyor to report what repnlrH iiro wantod, &o. He sliall eX' ntnlno all pe- titions sent to the Uond Com- mittee, See, He sliall super- intend worlcs, &o. Ho shall maico an annual report. IVccaulions to 1)0 taken for KuurdinK wurk«, &o. Ibid. Sec. 8. The said Council shall appoint a Deputy (Jity Sur- veyor, whoso duty it shall be to assist the said Surveyor in the discharge of the duties appertaining to his office, and ^\rho shall bo vested with all the powers conferred upon the said City Surveyor during his absence or sickness. fee. 4. It shall be the duty of the said Surveyor to examine and ntermine, from time to time, whether any repairs or im- pro , omonts may bo necessary, to any street, sidewalk, sewer, or other public work in the City, and to report the same to the Road Committee. Sec. 5. It shall be the duty of the said Surveyor to enquire into the subject matter of all applications or petitions brought before or submitted to the Road Committee, in relation to any matter in connection with the Road Department, and to report to the said Committee the particular circumstances of such applications or petitions. Sec. 6. It shall be the duty of the said Surveyor to examine and superintend all public works undertaken for and on be- half of tho Road Committee, and to enforce the observance of all contracts for the execution of such works. Sec. 7. The said Surveyor shall, annually, on or before the fifteenth day of March, report to the said Council upon the works and improvements made in his department during the preceding civic year, and also upon the state of all works or improvements in progress in the City, with any suggestions he may deem expedient to offer in the premises. Sec. 8. It shall be lawful for the said Surveyor to place, when necessary, proper guards or enclosures in any street or section of street, wherein any work, repair or improve- ment is being made, for the purpose of preventing such works, repairs or improvements from being impeded or inter- fered with, before they are fully completed : Provided, that in all cases, where required, a sufficient passage shall be left for foot passengers. Sec. 9. In all contracts requiring any excavation to be made ia any of the streets or public places in the City, it BY-LAWS OF THE CITY OF MONTREAL. 237 Private drains'. shall bo the duty of the said Surveyor to have a covenant inserted, whereby the contractors for all such work shall bo bound to erect, at their own expense, a sufficient fence or enclosure around tl^e said work, and during the night to place a light or lights in such a manner as to prevent danger to passengers ; such fence or enclosure, light or lights, to be continued until the completion of the work ; and the contrac- tors being made responsible, in all cases, for any damages which may be occasioned by the violation on their part of any of the stipulations aforesaid. Sec. 10. It shall be lawful for the said Surveyor to grant to any proprietor or occupant of any house or lot in the said city, a permit to connect any private drain with any of the common sewers of the city, provided that nothing be done contrary to the By-law of the said Council in that respect, and that one dollar be paid to the said Surveyor, for and on behalf of the said Council, for every such permit. Sec. 11. It shall be the duty of the said Surveyor, under the direction of the Road Committee, to employ cartmen to remove the manure, rubbish and dirt from the streets, and to report weekly to the Road Committee all infractions of the By-laws relating to the sweeping, cleaning or obstructing of the streets of the City : he shall also have charge and care of all carts and implements belonging to the Road Department, and shall keep the same in good order. Sec. 12. It shall be the duty of the said Surveyor, when rc(iuired by any person wishing to build on any street or public place in the City, to establish by a survey the line of such street or place, and to draw up a procea verbal of the same, a copy of which shall be delivered to the proprietor, or person requiring such alignment, on payment of a sum of two dollars, to be accounted for to the City Treasurer. Sec. 13. It shall be the duty of the said Surveyor to render to the Road Committee, when required, an account of all expenditures by him made, connected with the cleaning and repairing of the streets, and of all moneys by him received for the use of the Corporation. Fee. city Surveyor may employ cartmen to remove dirt from streets', He Ehall ^'ive alignment of street to parties applyinf? for tue Bamo. Fee. He shall render an account, &c. 238 BY-LAWS OF THE CITY OF MONTREAL. CHAPTER V. By-Law to provide for the Care and Manage- ment of the Montreal Water Works, and t^ establish a Tariff of Water Kates. Water Depart- ment, under whoso tlirec- tion. Superintendent to have charge of aqueducts, &c. He shall make an annual report. BE it ordained and enacted by the Council of the City of Montreal, as follows : Sec. 1. The Water Department of this City shall be under the direction of the Water Committee. Sec. 2. The Superintendent of the Water Works shall take such charge of the Aqueducts, lands, reservoirs, and other works and ^jroperty, as well as of all plans belon^g to or connected with the Water Works, as , the Water Committee may from time to time direct ; and he shall perform all such services in relation thereto, as may be required of him, by the said Committee, or the City Council. Sec. 3. The said Superintendent shall, on or before the fif- teenth day of March, annually, present to the City Council a report of the general condition of the Water Works and such other matter as he, or the Water Committee, may deem expe- dient, accompanied by any information or suggestion, which he or they may deem necessary. Sec. 4. The said Superintendent, or any of his deputies, may enter the premises of any Water Tenant, to examine the water pipes and apparatus, the quantity of water used, and the manner of use. Introduction of Soc. 5. The introduction of the said Water into all buildings tribution pipes! to be Supplied by the said Water Works, shall be made by and at the expense of the said Council ; but the distribution of the Water in all such buildings shall be made by and at the expense of the proprietors thereof ; and whenever any such building may be occupied by a tenant and the proprietor City's agents may enter premises, «!^c. BY-LAWS OP THE CITY OP MONTREAL. 239 thereof shall refuse or neglect to provide for the said distri- bution, such tenant may, in case the said Council shall exact from him the payment of the rate imposed as aforesaid, -with- hold from the said proprietor, out of the rents to be paid to him, the sum thus paid by such tenant, unless there be an agreement to the contrary betAveen them. Sec. 6. All persons taking the water shall keep the dis- Tonantstokcop tribution pipes within their premises in good repair, and repair. protected from frost, at their own expense; and they shall be held liable for all damage Avhich may result from their failure to do so. Sec. 7. Water Tenants shall prevent all unnecessary waste To prevent of water, and there shall be no concealment of the purposes for which it is used. Sec. 8. No alteration shall be made in anj- of the pipes or no alteration to fixtures inserted by the City, except by its agents or officers. ccp't!'&c; "''" Sec. 9. No water is allowed to be supplied to parties not wntomotto entitled to it under this By-law, unless by special permission otiier parties, from the Water Committee. Sec. 10. No person, unless duly authorized by the said Hydrants. Committee, shall open any hydrant in the said City, or lift or remove the cover of, or draw water from the same. Sec. 11. No person shall turn on or turn off the water in Turning on or any manner, or interfere with any of the water pipes or valves water.*' belonging to the City, without the license of the Water Com- mittee, or of the said Superintendent. Sec. 12. No person shall pass the RaiUng enclosing the No person to Reservoirs of the said City, or shall defile, or deposit any filth rcsorvoirg, &c. or offensive matter in the said Reservoirs, or on the bank or ground adjacent thereto, belonging to the said City, or shall allow any dog or other animal, to go or jump into the said Reservoirs, or upon the said bank or ground ; or shall pass or remain upon the said ban!; or ground after ten o'clock in the evening ; or shall do, or cause anything to be done tend- ing to defile or corrupt, to disturb or agitate the waters of the said Reservoirs. 240 BY-LAWS OF THE CITY OF MONTREAL. No pcrHon to 80II water from tlio river. Use of hand hose restricted. Metro to bo approved of. Water rates ostablisbed. By whom payable. Discount for prompt pay- ment. Charges for spe- cific supplies. Sec. 13. No person shall draw water from the River St. Lawrence for the purpose of selling the same in any part of the City. Sec. 14. No person shall use any Hand.Hose for sprinkling the streets or for any other purpose, unless such person shall have previously obtained permission from the Water Com- mittee so to do, and paid the rates charged for such permis- sion in the said TariflF ; and in no case shall the said Hose be used for sprinkling or watering the streets, between nine o'clock in the forenoon and five o'clock in the afternoon ; nor shall any such Hose be used by builders or contractors, or any person in their employ, for sprinkling or watering bricks or other building materials. Sec. 15. No metre shall be used for determining the quantity of water supplied by the said works, unless the same shall have been previously submitted to and approved by the said Superintendent. Sec. 16. The several rates enumerated and specified in the Tariff' contained in the subjoined schedule, shall be and the same are hereby imposed for water to be supplied from the Water Works of the said City. Sec. 17. The said rates shall be due and payable to the City Treasurer, in advance, on the fifteenth day of August every year, by the occupant or lessee, or occupants or lessees of all buildings, parts of buildings, or tenements in the said City, supplied with water from the said works, as well by those who shall consent, as by those who shall refuse to receive the water pipe to supply the said water, or to use the same. Sec. 18. A discount oifive per cent, shall be allowed to all water tenants who shall pay the said rates on or before the fifteenth August in any year. Sec. 19. All charges for specific supplies, or for fractional parts of the year, shall be payable in advance, and before the water is let on. Sec. 20. In all cases of non-payment of the rates imposed by the present By-law for thirty days after the same are due, the nine • ■ i BY-LAWS 01' TIIK CiTV OF MONTUEAL. 241 said Council or any duly authorized officer charged with the management of the said Works, may cut off the supply of Water from any buildhig upon which the said rates shall bo due, which shall not prevent the said rates from rutniing as before ; and the Water shall not again bo let on except upon payment of all arrears due. Sec. 21. All persons offending against any of the provisions Pennity. of this By-law shall be subject to a fine not exceeding Twenty Dollai's, or to an Imprisonment not exceeding Thirty Days, for each offence, or to both 'fine and imprisonment hi the dis- cretion of the Recorder's Court. SCHEDULE. TAB IFF OF WAT Fit HATES. DWELLING HOUSES. For every Tenement or Dwelling House occupied by one family only : Per Annum. 1. — When assessed at an amount not exceeding J$30 per annum. Five Dollars -f 5.00 2. — When assessed at an amount exceeding $30 but not over |40 5.75 •3. — When assessed at an amount exceeding $40 but not over $50 6.50 And so on, continuing according to the same scale, that is to say, adding for every additional sum of $10 or any part thereof, seventy-five cents. 0.75 For every additional family lodging in or occupying any part of such Tenement or Dwelling House, an ad- ditional rate shall be exacted, equal to one-third of the rate imposed for a single family. 242 HY-LAW8 OP THE CITY OP MONTREAL. STORES, Shops, offices, etc. Per Annum. For each Ilouao, part of a House or Tenement occu- piod Jia a Store, Shop, Office, Warehouse, Manufac- ture, or other place of business, with the exception of llotail Groceries : 1. — When assessed at an amount not exceeding $50 per annum. Four Dollars $4.00 2. — When assessed at an amount exceeding $50 but not over $76 5.00 8. — When assessed at an amount exceeding $75 but not over $100 6.00 And so on, continuing according to the same scale, that is to say, addhig for every additional sum of $25 or any part thereof. One Dollar 1.00 hotels or taverns. For every Hotel or Tavern : 1. — When assessed at an amount not exceeding $100 per annum. Twelve Dollars 12.00 2. — When assessed at an amount exceeding $100 but not over $150 17.00 8. — When assessed at an amount exceeding $150 but not over $200 22.00 And 80 on, continuing according to the same scale, that is to say, adding for every additional sum of $50 or any part thereof. Five Dollars 5.00 stables. In Private Stablos-^including water for washing Car- riages, if there be any : For each Horse 3.00 Carter's Stable : For each Horse, owned by a Carter or Truckman, or driven in a Cart, Truck, Diable, or such like vehicle 1 .50 r A nnum. lI- D- )n iO . $4.00 ut • 6.00 ut • 6.00 e, m • • 1.00 )0 12.00 ut 17.00 . 22.00 ^) of . 5.00 r- 3.00 e 1.50 BY-LAWS OP THE OITY OF MONTREAL. Per Annum . For each Ilorso owned by a Cab Man, or driven in a Cab, Coach, or such like public vehicle $2.00 In Livery Stables : For each Horse kejit for hire 1.50 For every unoccupied one horse Stall in such Stables. 0.50 In Stables in which horses, the property of persons residing within the limits of the City, are kept, fed and groomed : For each Horse 3.00 For every unoccupied Stall 0.50 In Stables for the keeping, feeding, and grooming of horses, belonging to persons residing beyond the City limits : For each one horse Stall ... 0.50 For each Cow kept in the City 1 .00 STEAM ENGINEi^i. For every stationary high pressure Engine, working not over twelve hours per day : For each horse power 7.00 Or for every 100 gallons of water (the supply to be de- termined by metre to be furnished by the occupants) 0.03 For every stationary low pressure Engine : For every 100 gallons of water (the supply to be de- termined as above, by metre, furnished by the occu- pants) 0.03 For the supply of Locomotive Engines belonging to Railroad Companies ; or the Engines used in Brew- eries, Distilleries, or any other Manufactory, or for any other purpose whatsoever, not specially provided for in the present Tariff: For every 100 gallons of water (the supply to be de- termined by metre, furnished by the occupants) . . . 0.03 All rates imposed as above for Steam Engines shall be distinct and separate from any other rate for water imposed upon the premises. 243 244 RY-LAW8 OP THE CITY OP MONTREAL. Where there is no metre, the supply to be charged for upon an estimate to be made by the Water Com- mittee of the quantities used each day. FOUNTAINS. Fountains shall only be supplied Avith water at the discretion of the Water Committee, and when so supplied shall be charj^cd as follows : For every 100 gallons of water I The quantity used to be determined in all cases by the estimate of the Water Committee or by metre. )M WATER CLOSETS. Per Annum. For each Closet, with Tank and Service Box 4.00 For each Closet without Tank, but with Self-closing Valve O.OO For each Closet supplied with water by any means whatsoever, but different from those above specified 16,00 BATHS. Public Baths, or Baths for the use of which a charge is made by the occupants — for each tub G.OO HOSE. For the right to attach and use a Hose of not more than three-eighths of an inch orifice, for watering the streets, &c 1.00 BUILDING PURPOSES. For every thousand Bricks used, the water therefor to be charged (Payable in advance) 0.10 For every toise of Masonry, the Water therefor to be charged (Payable in advance) O.Oo For every thousand yards of Plastering " 5.00 BY-LAWS OF TIIK CITY OF MUNTIIKAL. i4'i WIkmi Wiitor \h re({uirtMl for imrposes not rtpocifio'l in the forcj^oiux Turift", tho rato hIuiU he lixod by the Water Coin- niitteo. Tlio Water Comniittco sluvll have power to ascertain, by metres, the (juantity of Water used in any of the above cases, and charge accordingly. CHAPTER VI. By-Law in relation to Assessments and Taxes. BE it ordained and enacted by the Council of tho City of Montreal, as followa : Sec. 1. The Assessors of the said City shall begin the per- Duties, r formance of their several duties, on or before the tenth day of -'^**^''"'" "■ May, in each and every year, and they shall make their firf'. general return of the assessments and taxes to be levied i the several Wards of tho said City, on or before the first day of August following. Sec. 2. It shall be tho duty of the said Assessors to correct ibid, the said general return by adding thereto the names of any parties omitted, or who shall have arrived in the said City, or shall have become liable to pay any assessment or tax to the said City, at any time after the said general return shall have been made. Sec. 'd. Any Assessor in and for the said CUy, who shall rcnaity. refuse or neglect to perform any of the duties which he is required by law to execute, shall incur a Penalty not exceed- ing Jboiu* Hundred Dollars, for each oflenco. Sec. 4. Between the tenth day of May and tlie first day Asacssmciit oi of August, or as soon thereafter as may be found expedient pound on n^ai' by the said Council, in each and every year, an assessment at the rate of one shilling and sixpence in the pound, of the assessed yearly value of all real property in the said City, 246 HY-LAWS OF THE CITY OF MONTREAL. inciit of Olio- Imlf cpiit. ]}U JStntiito labor. Duty on slmll bu mado ami levied upon the owners thereof: Provided, however, that in the event of the said assessment not being duly paid by the said owners, the same may be levied from, and bo paid by the occupants of the said property, by whom the same may bo thereafter withheld from the said owners of the said property, out, of the rents to be paid them therefor. Sec. 5. Ar. annual assessment at the rate of one half cent per every four dollars of the assessed value of all real pro- perty in the hw\ City is hereby imposed upon, and shall be payable by the proprietors of such real property, over and above the assessment iui[)osed in and by the next preceding section of this ]Jy-law. Sec. (». The amount of commutation money, payable an- nually by each person liable by law to statute labour, on the highways withiii the said City, is hereby established at the sum of One Dollar; and every such person shall pay the said sura of One Dollar annually, and shall not be allowed to oft'er his porsojial labour on the said highways instead thereof. See. 7. An annual duty is hereby imposed upon, and shall be paid, m each and every year, by each and every person or firm of persona, being wholesale merchants or dealers, or retail merchants and dealers, or wholesale and retail dealers in goods, wares and merchandises of any kind, or retail deal- ers in spirituous li(i[Uors, (not being tavern-keepers,) or for- warding merchants or forwarders, or the agents of merchants, ti'aders, forwarding merchants or forwarders, or being express agents, brokers, apothecaries, chemists, or druggists, or being inspectors of pot or pearl ashes, lumber^ beef, pork, flour, butter, or any other kind or descrip^' n of merchandize, manufacture, produce or provision whatsoever, or being or carrying on the business of lumber merchants or dealers in wood, or kcuiping a lumber yard, with or without steam, or water-power, or being or carrying on the business of mer- chant tailors, boot and shoe makers, saddlers and harness makers, stono cutters, tinsmiths, carpenters and joiners, blacksmiths, gun nuikors or gun smiths, confectioners, bakers, coffee-house keejjers, cabinet makers, upholsterers or under- BY-LAWS OF THE CITY OF MONTREAL. 247 takers, dyers, founders : ginger beer, root beer, or spruce beer brewers ; soda water makers, hair dressers or barbers, ink or blacking manufacturers, gold smiths, silver smiths, jewellers, gold and foil beaters, oil cloth manufacturers, soap and candle manufacturers, oil manufacturers, bookbinders, printers, cutlers, gilders and frame makers, pahiters and glaziers, pump and block makers, wire workers, brush makers, chair makers, tobacconists, coach and carriage makers, comb makers, furriers, hatters, musical instrument makers, nail manufacturers, millers, organ builders, tanners ; lawyers, notaries, doctors, physicians or surgeons, dentists, surveyors, architects, artists, miniature or portrait takers, collectors, accountants, bailiffs, and generally on all trades, manufactories, business, arts, professions, means of profit, livelihood or gain, whether hereinbefore enumerated or not, which now are, or may hereafter be, carried on, exercised, or in operation within the said city ; and on all persons by whom the same are or may be carried on, exercised or put in opera- tion therein, either on their own account or as agents for others ; at the rate of thirty dollai's for every four hundred dollars of the assessed yearly value of the premises occupied and used by any and every such person or firm of persons, for the purposes aforesaid, and at and after the same rate for every greater or less sum of such value as aforesaid : Provided that no person or firm of persons shall be subject to the rate or tax hereinbefore specified for any occupation or business otherwise subject to taxation under the present By-law, or for or on account of which the said person or firm of persons is already specially rated, taxed or assessed under this By-law. Sec. 8. An annual duty, in addition to the rates or duties Dutyoutuve already imposed by law, upon every person or persons keep ing a house or place of public entertainment, is hereby im- posed upon, and shall be paid by every person or firm of persons keeping a house or place of public entertainment, or retailing spirituous liquors, within the said City, which said duty shall be levied upon, and be payable by, the said keepers of houses of public entertainment, or retailers of spirituous liquors, with reference to the assessed yearly value keepers. 248 BY-I-AWS OF THE CITY OF MONTREAL. of the premises occupied and used by such person or firm of persons for the purposes aforesaid, and in proportion thereto, at the following rates : — The said duty to be so paid sliall be rated at twenty-seven dollars when the assessed yearly value of the premises used by the person or firm of persons on whom the said duty is levied, shall not exceed one hundred and sixty dollars : at thirty-six dollars when such value as afore- said shall exceed one hundred and sixty dollars, but shall not exceed two hundred and forty dollars ; at forty-five dollars when such value as aforesaid shall exceed two hundred and forty dollars, but shall not exceed three hundred and twenty dollars ; at fifty-six dollars and twenty-five cents when such value as aforesaid shall exceed three hundred and twenty dollars, but shall not exceed fo'f ■ hundred dollars ; at sixty- seven dollars and fifty cants when such value as aforesaid shall exceed four hundred dollars, but shall not exceed five hundred dollars ; at seventy-eight dollars and seventy-five cents when such value as aforesaid shall exceed five hundred dollars, but shall not exceed six hundred dollars ; at ninety dollars when such value as aforesaid shall exceed six hundred dollars, but shall not exceed seven hundred dollars ; at one hundred and one dollars and twenty-five cents when such value as aforesaid shall exceed seven hundred dollars, but shall not exceed eight hundred dollars ; at one hundred and twelve dollars and fifty cents when such value as aforesaid shall exceed eight hundred dollars, but shall not exceed one thousand dollars ; at one hundred and twenty-three dollars and seventy-five cents when such value as aforesaid shall exceed one thousand dollars, but shall not exceed twelve hundred dollars ; at one hundred and thirty-five dollars when such value as aforesaid shall exceed twelve Innidred dollars, but shall not exceed sixteen hundred dollars ; a fc one hundred and fifty-sevon dollars and fifty cents when such value as aforesaid shall exceed sixteen hundred dollars, but shall not exceed two thousand dollars ; iit one hundred and seventy- five dollars when such value as aforesaid shall exceed two thousand dollars, but shall not exceed two thousand four hun- dred dollars ; and when such value as aforesaid shall exceed BY-LAWS OF THE CITY OF MONTREAL. 240 two thousand four hundred dollars, an additional rate or diit3'^ of seventeen dollars and fifty cents shall Ix; imposed for every four hundred dollars over the last mentioned amount. 9. An annual duty is hereby nnposed upon en^h Duty on luio- , . , . ... ^,. ,,. tioiicor.*. ry person benig an Auctioneer m this City, or sellmj^ exceed Sec. 9. and ever or exposing* to sale Avithin the said City, at public auction, vendue or outcry any live stock, goods, bank or other stock, real estate, or any other kind of effects whatsoever, which said duty shall be separate, distinct from, and exclusive of any and every assessment rate' or duty, as merf^haut trader or anything else whatsoever, to which such Au(;tioncer or person selling by auction, vendue or outcry, rnay be otherwise liable. The said duty shall be payable by each and every member or co-partner of a firm, who shall act as an Auc- tioneer in this City, that is, by each member or co-partner of a firm, who shall individually cry or sell ))y auction, in the same manner as by each individual who shall carry on the business of an Auctioneer wholly on his own and sole account ; but all those members of any firm of Auctioneers in this City, who do not themselves cry or make sales by auction, shall not be liable to, ])ut, on the cnitrary, shall be exempted from payment of said duty. Provided, however, Proviso, that where any firm of Auctioneers, composed of two or more partners, have only one place of business or auction mart, in this City, and sell exclusively within said premises, auction mart, or place of business, and have no more than one sale at a time on or within said premises, then the said duty shall not be paid l)y each and every partner in the said firm, but by the firm only. The said duty shall be as follows : Firstly, — The sum of one hundred and sixty dollars shall Amount of be [laid annually by every Auctioneer selling exclusively " ^' within the premises or auction mart, occupied by him as such Auctioneer, and not elsewhere in the said City, Secondly, — The sum of two hundred dollars shall be paid ibiii. annually by every Auctioneer who may have more than one place of business, or auction mart, in this City, or who may sell at others' places of business or premises. GO 250 BY-LAWS OF THE CITY OF MONTREAL. When clork« aro oinployud to cry out. No auctlonoor to cry out unless ho pays rtuty. When p»yftbic. Scc. 10. The said duty shall be payable to the City Treasurer so soon as said Auctioneer shall be prepared to commence business as such in this City, and before having any sale by auction therein ; and the year for which said duty shall bo paid and received, shall be computed and reckoned from said date of the party being prepared as aforesaid to begin business as such Auctioneer in this City, and not from any other or later . eriod. Sec. 11. Every An.ctioneer, before employing a Clerk or other person to cry or sell by auction for him, in his name or on his behalf, in this City, shall first furnish to, and record with, the Treasurer of the City, the name of the party to be employed, and shall pay an annual duty of Forty Dollars, for Cixch and every person to be so employed. Sec. 12. No Auctioneer or other person shall himself cry or sell by auction in this City, nor permit any other person to cry or sell for him by auction in this City ; neither shall any person cry or sell in this City for, or in the name of, any Auctioneer or other person, unless the duties imposed by the ninth section shall have been first duly paid to the City Treasurer. Sec. 13. Upon payment of the duties hereinbefore imposed on Auctioneers, the City Treasurer shall furnish a number to each and every Auctioneer paying said duties ; and no Auctioneer or person in his employ, or acting for him or on his behalf, shall sell or expose for sale by auction in this City, or permit or allow the same to be done, unless notice of the intention so to do be first given by the public exhibition of a flag at the place of such sale or exposure for sale, and at and during the whole period' thereof, on which said flag, the number so to be given by the City Treasui er as aforesaid, shall be clearly and legibly visible. Sec. 14. Any Auctioneer or other person offending against any of the provisions contained in the next preceding four sections ►.hall be liable to a Fine not exceeding Twenty Dollars, and to an Imprisonment not exceeding Thirty Days, for each offence. City Tronsuror to uiriiish number, &c. Pcnulty. BY-LAWS OF TIIR CITY OF MONTRKAL. 2r,i he City sared to 3 having aid duty 'eckoned I'csaid to not from Clerk or his name id record rty to be )llar8, foi- mself cry er person thcr shall le of, any posed by the City imposed number and no him or on in this notice of sxhibition sale, and aid flag, iforesaid, r Ig against ling four Dollars, for each Sec. 15. An annual duty of Eight Hundred Dollars is Gas factories, hereby imposed upon each and every Gas Factory or Gas Company in the said City. Sec. 16. An annual duty of Eighty Dollars shall be paid by Livery stable every person or firm of persons carrying on the business or occupation of Hvery stable keeper, for the purpose of letting out horses or vehicles of travel, for hire or reward within the said City ; and a further annual duty shall be paid by every such person or firm of persons, at the rate of Three Dollars for every two-wheeled vehicle or carriage, and at the rate of Four Dollars for every four-wheeled vehicle or carriage kept for the purposes aforesaid. Sec. 17. An annual duty shall be paid by every person DutyonTciu- and firm of persons, keeping a house or place of public enter- hotel' keepers, tainment within the said City, at the rate of Six Dollars for every two-wheeled vehicle, and at the rate of Eight Dollars for every four-wheeled vehicle kept by him or them, for the use, purpose, benefit or advantage of his, her or their cus- tomers, visitors or others, or any other than his, her or their own private and personal or family use. Sec. 18. An annual duty of Two Hundred Dollars shall be pawnbrokers.. l)aid by every person exercising the business of pawnbroker within the said City ; and any person who shall hereafter exercise the business of pawnbroker without having paid the said annual duty on the said first day of IMay, in each and every year, shall pay a forfeiture of Ten Dollars for each and every day such person shall offend against the provisions of this section. Sec. 19. An annual duty of Two Dollars and Fifty Cents TaxonUorxes. shall be paid by the owner or keeper of each and every working horse or mare, owned or kept in the said City ; and an annual duty of Six Dollars shall be paid by the owner or keeper of each and every pleasure horse or mare, owned or kept in the said City. And it is hereby further ordained and enacted. That all horses kept, and daily and constantly used and c.iployed, in and about the work or labour, employment, occupation or business, by which the owner or owners thereof :,-2 BY-LAWS OF TIIK CITY OF MONTREAL. I>uty on vehi- cloH used for liiro. Stuffi- concliea, oniiiibiiscs, &c. rcMinltj'. Vehicles kopt tor pleasure, earn, procure ov obtain his, her or their siipport and main- tenance, sliall be coiisidered working horses; and any, and all otlier horses or nmres kept within the City, shall be con- sidered as pleasure horses within the meaning of this section. Sec. 20. An annual duty shall be paid by every person, 1 )t lively stable keeper or tavern keeper, keeping: o)- hrsviupr to let out for hire, < ny two-wheeled or four-win 'clei' rolilclo in the said City, at ihe rate of Three Dollars i"ir I'i'.oi: two- wheeled vehicie, and at the rate of 'I^ur Dollars ilr each . jui- wheeled vehicle so kept. Sec. 21. An annual tluty sholl ^>o paid by every person keeping or using any ?ta^;^c coach, omnibus or stage "vaggon, for the purpose of carrying passengovs in tlio tsaid City, at the rate oi Eipht Dollars ior every such coaf;h, omnib in or wag;^o!>, drawn by one or two horses ; and at the rate oi Twei Do'Iurs for every jjuch coach, omnibus or waggon, drawn bv fo js or uioie horses. Sec. i.2. Any person who shall keep or lut out for hire, any two or four v heeled vehicle, or shall koop or run any stage coach, omnibus or stage waggon for (he purpose of carrying passengers in the said City, without having paid the duty as hi the two preceding sections prescriberl, shall incur and pay a Fine of Four Dollars for each day they shiiU so oftend. Sec. 23. An annual duty shall be paid by every per- son residing in the said City, OAvning, keeping or using for pleasure, any carriage, caleche, cart, waggon or other vehicle of that description, at the rate of Twenty Dollars for every four wheeled close carriage, and at the rate of Twelve Dollars for every four wheeled half-covered carriage, drawn by two horses, and Ten Dollars if drawn by one horse ; and at the rate of Eight Dollars for every double dennet, and at the rate of Six Dollars for every caleche, gig, or other vehicle, mount- ed on springs, and drawn by one horse ; and at the rate of Eight Dollai'S for every waggon or other vehicle not above specified, adapted for draught by two or more horses, pro- vided that in no case when both summer and winter vehicle, of a corresponding description are kept, shall the duty be exacted on both ; but tliat in all cases where only summer or only winter vehicles are kept, the duty shall bo ])ayable thereon as if both summer and winter vehicles, of a corre- sponding description, were owned, kept or used. Sec. 24. An annual duty shall bo paid by every person Dogs, owing or keeping any dog or bitch in the said City, and the said duty shall likewise bo paid by the occupier of any house or premises in the said City, wherein any dog or bitch is kept, sheltered or retained, or to which any dog or bitch habitually resorts ; the said duty is hereby regulated and established as follows : namely, at the rate of One Dollar and Fifty Cents, for each and every dog or bitch as aforesaid. Sec. 25. A special duty shall be paid annually by every ivdiar.". pedlar, hawker or petty chapman in the said City at the rate of twenty dollars if he uses a cart or other vehicle for purpose of his trade, and at the rate of Eight Dollars, if no cart or other vehicle is used for peddling his goods, wares, or merchandises ; and any person who shall hawk about any goods, wares or merchandise, or sell or offer for sale any goods, wares or mercliandiso in the said City without having paid the said duty, shall incur for each offence a Fine not exceeding Ten Dollars or an Imprisonment not exceeding Forty-eight hours. Sec. 26. The proprietor of each and every Theatre in thi. .atro.v City shall pay an annual duty of One Hundred and Twenty Dollars over and above the assessment, on the yearly value of such building ; and no popviotor or proprietors of any theatre in the City, shall |vrn\it the same to bo opened or any performance to take plae^^ thoivin, until the Manager or Managers of any Couipai^v or ^Vnipanies, intending to o^>en the said Theatres \>r ^x"^^>nu tho-ein, shall have first asked and obtained leave ftvm tKo Mayor of the said Citv so to do, luider a penalty not ext.vi HY-LAAVS OF THK CITY OF MONTREAL. reilHlty. Ft'iry loats, liiiiik-^. forniancc of any kind whatsoover, either as itinerant players, showmen, Ethiopian, or other minstrels, or exliibiters of novelties, curiosities, wonderful animals, or any other matter or thing whatsoever, without having first previously obtained permission from the Mfiyor of the said City so to do ; and without having first paid the Treasurer of the said (Jity, the sum of One Ilundi'ed Dollars, as and for said permission (if granted ) ; and without having also paid the said Trea- surer the further sum of Twelve Dolhirs, for vtwM and wmj day or night sueh performance or exhibition shall be opened to the public ; provided that when the performance is of a niiimi' (^hnrneter, or the exhibition of (mt little interest, it may be competent to the Mayor for the time )jel|ig to reduce the afoiiisnifl rnlMf^ to any amount he mny deem reasonable. Sec. 28. All persons offending against any of the provi- sions of the next preceding section, shall incur a I'enulty not exceeding Twenty Dollars ; and be liable to an Imprison- ment not exceeding Thirty Days, for each offence. Bee. 211. An annual duty of Two Hundred Dollars shall be ])aid by the proprietor or proprietors of each and every steam ferry-boat or other steam-b(.rtt, plying for hire or for the conveyance of persons, by water, to the said City, from any part of t)ie parishes of Laprairlo de la MHijlHlnine and Tiongueuil, or from any wharf or wharves adjoining the shore of the said parishes ; and tlio said duty shall be payable by the proprietor or proprietors of each and every such steam ferry-boat or other steam-boat, plying as aforesaid, oii or be- fore the twentieth day of May, in each and every year. Sec. oU. An annual duty of Four Hundred Dollars shall be paid on or before the first day of May in each and every year, by each and every person or firm of persons, body corporate, association or institution, being, forming, or con- stituting, a bank or bank agency, or doing or transacting banking business, or the business of any bank agency, in the said City, or being agents in the said City for any bank, bankhig house, firm, corporation, or association whatsoever. i IJY-LAWS OF THE CITY OF MONTREAL. 2:)r> ])ody cou- m Sec. •}!. An annual duty of Two Huiulri'd Dollar-s sliall insnnincc be paid by each and every Instirance Agent carryinfi; on business as such ov keeping au office for that purpose in the said City ; and by qach and every person carrying on Inisi- noss as Agent of any Insurance Company, or keeping un oilice as such in the said City. Sec. 32. An annual duty of One Hundred and Twenty nrokcis uihi "Dollars shall be paid by each and every person or jjcrsons, f-'trs. carrying on the business of brokers and money changers, in the said City, or acting therein as the agents of any brokers and money changers. Bee. 83. An annual duty of Eighty Dollars is hereby nroUiis nmi Itnposcd upon all brokers, money lenders, commission mer- o|)fmfs ftlid the agents of all such hi this City, save and except money brokers or changers, upon wiiom another and separate rate or duly is alcndy imposed, in and by the next preceding section of this By-law ; and the duty imposed in and by this present section shall be payable by each and every person or firm of persons acting as brokers, money lenders, or commis- sion merchants in this City, and by the agents of all such, as soon as they shall establish themselves, or assume to do busi- ness, in this City, as such brokers, money lenders or commis- sion merchants, and annually thenceafter. Sec. 84. An amiual rate or duty of Four Hundred Dollars Toipgraph <<.ni- shall be paid by each Telegraph Company, or the projn-ietors, ^*"'^''' owners or persons in possession of all telegraphs in this City, conveying or transmitting intelligence, information or mes- sages to or from this City by telegraph means. The said • duty shall be payable and become due on the first day of May now next, by all Companies, firms or persons now having telegraphs in this City, and hereafter by all others so soon as they may be established, and annually thenceafter. Sec. 35. Except as regards goods, merchandise, or effects. Goods sold by which are either the produce of the Province of Canada, or ^'""^'^" have been manufactured therein, no person shall hereafter sell any goods, merchandise, or effects whatever, or offer the same for sale in this City, by sample, card, or other specimen, 250 lIV-fiAWS OP THE CITY OF MONTREAL. Kic<'iiiixty Dollars shall be exacted and be payable for each and every such license. Sec. 87. An annual duty shall be paid by each and every person, or firm of persons, being Distillers, in the said City, at the rate of Eighty Dollars for every four hmulred dollars of the assessed yearly value of the whole of the promises occupied and used by any and every such person or firm of persons for the purposes aforesaid, and at and after the same rate for every greater or less sum of such value as aforesaid. Sec. 88. An animal duty shall bo paid by each and every person, or firm of i)ersons, being Brewers, or Agents of Brewers, in the said City, at the rate of Sixty Dollars for every four hundred dollars of the assessed yearly value of the whole of the premises occupied and used by any and every such person or firm of persons, for the purposes aforesaid, and at and after the same rate for every greater or loss sum of such value as aforesaid. Sec. 81). An annual duty of One Hundred Dollars shall be paid by the occupant or occupants, proprietor or proprie- tors of each and every TTouse of Public Entertainment, Hotel, Inn, Licensed Tavii i, Public Boai'ding House, or any other place of public res rt, ciihM'tainment, or amusement whatever, in the said City, for each and every Billiard Table, IJY-LAWa or TIIK CITY OF MO.NTUKAL. •Ji>T Mississippi Board, Itii^j^atoUo Boai 'I, or any other Gamblinj; Board with balls, which there Uovn is or heroafter may ho erected ov kejjt in any such House of Public Entertainment, Hotel, Inn, or Licensed Tavern, Public Boardin;;; Ho\iso, or other place of public resort, entertaitmicnt, or annisoniont; and a like annual duty of One Hundred Dollars shall be paid l)y the occupant or proprietor of any house, apartment, or other place, in the said City, for each and every JJilliard Table, Mississippi Board, Bagatelle Board, or any other Gambling Board with balls^ which now is or may hereafter be erected or kept therein, at the instance of, or for the use of, any club, association, or number of subscribers, or for any person whomsoever, other than the said occupant of the said house, apartment or other place; and any occupant or pro- prietor as aforesaid, Avho shall set up, erect, or keep, or permit to be set up, erected, or kept, in any such House of Public Entertainment, Hotel, Inn, Licensed Tavern, Public Boarding House, or any other place of i»ublic resort, enter- tainment, or amusement whatever, or in any house, apart- ment, or place such as hereinbefore described, a BiHiuid Table, Mississippi Board, Bagatelle Board, or any other Gambling Board with balls, for which such duty shall not have been paid, shall forfeit and pay a sum not exceeding Twenty Dollars for each and every offence. Sec. 40. Every Inn-Keeper, Hotel or Tavern-Keeper, or rereong kooj)- other pei'son whatsoever who shall have m his house or premises Tables, &c., t.. ■"• .... notify Citv any Billiard Table, Bagatelle, Mississippi or other Board used Treasurer.' for gambling, subject to taxation under the provisions of the next preceding section, or who shall permit the same to be used for hire or lucre, shall, before the expiration of one month after such Table or Board shall be put up or used, notifij tlie City Treasurer of such Billiard Table, Bagatelle, Mississippi or other Gambling Board, failing which the person negloctir.g to make such notification within such period shall incur a Penalty not exceeding Twenty Dollars. Sec. 41. An annual duty of Fifty Dollars is hereby imposed Ban Aiioy* upon each and every Ball Alley, Skittle Alley, or Nine or HH ios IJY-LAWS OP THK CITY OF MONTKEAL. Ten Pin Alley in the said City ; and the Haid duty hli**;! 'oo levied frou), and ho payahlo hy the [)n)pric'tor of ( u > and every such Ball, Skittle, or Nino or Ten Pin Alley, or of the hoiwe, lot or premises on, or in Avhieh, the same may l»o situated or found, if the same be not paid hy, or cannot bo obtained or levied by K'^son of poverty, or evasion, or other- wise, from the occupant of the premises on which the said Ball, Skittle, or Nino or Ten Pin Alloy may be situated, by whom the same is hereby declared to be duo and payable in the first instance. Brick yardi. Hone dealers. IVnnlty. Liability of tax- parorD deflned. Sec. 42. An annual duty of Forty Dollars is hereby imposed upon every Brick Yard, or place used for making Bricks in the said City, and the same shall bo payable on the first day of May, in each and every year, by the owner of every such Brick Yard, or place for making Bricks. Sec. 43. An annual duty of Ten Dollars is hereby imposed upon each and every person being Horse Dealer in the said City ; and upon payment of the said duty, the City Treasurer shall furnish a number to every such Horse Dealer. Sec. 44. No person shall deal in Horses in the said City, unless such person shall have previously paid the said duty, and obtained from the City Treasurer a number as aforesaid, under the Penalty of a Fine not exceeding Twenty Dollars, or an Imprisonment not exceeding Thirty Days for each offence. Sec. 45. Every person liable to pay the annual duties hereinbefore mentioned and imposed, shall incur and be liable for, and shall pay the said annual duties respectively whether such person may continue and remain for a whole year, or for any shorter period, in the exercise and practice of such trade, business or profession, subject to duty as hereinbefore directed, and that the keeping of a Horse or Horses, or of any Carriage, Calecho, Cart, Gig, Waggon, or any vehicle of that description, for two months in the course of twelve calendar months, by any person or persons within the said City, shall be considered keeping a Horse or Horses, or Carriage, Calecho, Cart, Gig, Waggon, or any vehicle of that doHcription, witliin the meanin;? of this By-law, and shall 8nl)j«ct tho keepers or owners of the same to the duties horc- inheforo directed and imposed respectively. See. 40. All rates-or duties imposed in and by this By-law, iinioKuiKi , . „ rt • • 1 1 «• 11 assed at any special or quarterly meeting of the Council, to temporarily increase the number of Members of the said Board of Health, and to appoint from time to time, and at all times as aforesaid, an additional num- ber of persons, not less than nine nor exceeding eighteen citizens, inhabitants of the said City of Montreal, to be assis- tant members of the said Board of Health, for a period of time to be expressed in and limited by the resolution appoint- ing them ; and during such period such persons so appointed 200 IIY-LAWS OF THE CITY OF MONTREAL. Powers ol' Hoarrt, r I) case of piflcmlo. shall, to all iutoiits and purposes, be and remain Members of the said Hoard, but shall cease to be Members thereof at the expiration of the said period, unless re-appointed. See. 4. '.riic said Board jf Health is hereby empowered to adopt and enforce all sanitary measures, and all measures rolatinjj; to the cleanliness of the said City; and the said Board and every member thereof shall have power to enter, at all hours in the day time, all Houses, Sheds, Yards, Vacant Lots, and I'reiuiscs of any kind whatsoever in the said City of Montreal, and order the removal of any offensive '^natter found therein, and order such cleaning, draining, and purifying as may be doomed necessary for the protection of the public health, and also to enter any Boarding House and Lodging House, and connuund the removal of persons lodging therein, wl'oro tlio rooms are over-crowded or filthy, or unwholesome, for want of proper ventilation. " Sec. T). The said Board of Health, during the prevalence of any epidemic, endemic, or contagious disease, shall have aiso power and authority to prevent the entry into the said City of Montreal of all strangers or emigrants, and all baggage belonging to them, when the appearance of either indicates danger to the public health. To adopt measures for purifying, draining, and cleansing of .all streets and premises in all ways that may be deemed rerpiisite to preserve the health of the City, and to appoint such other Health Officers as may be deemed necessary for superintending or carrying out the orders of tho said Board of Health, and to enforce the Rules, Regidations, and By-laws of the Council of the said City of Montreal relative to iniisances. To adopt prompt measures to prevent the spread of any epidemic or contagious disease? when it shall appear by a report of a Physician that any per- son within the City is afflicted with a disease of that character. To forbid and prevent all communication between any part of tho City so infected, except by means of Physicians, Nurses, or M(!ssengers, to carry the necessary advice, medicines, and provisions to the afflicted. To cause any avenue, street, or other passage, to be fenced or enclosed, and to adopt suitable meusures for preventing persons from going to, or coming BY-LAWS OF THE CITY OF MONTREAL. •261 from any part of the City so enclosed. To put itself in communication and in concert with the proper authorities or private institutions and individuals having charge of emigrants on their landing and passage through the Province, the Trinity House, the Harbour Commissioners, and the Board of Works, to establish a place of refuge, or Hospital, in or out of the limits of the City, for poor or sickly emigrants. Sec, 6. The Mayor of the City shall, when present, preside Mayor to at all meetings of the Board of Health, or, in his absence, the Chairman for the meeting shall be chosen from among the Members of the Health and Police Committees present. Sec, 7. Whenever from time to time the Statute of the Local jiorki Provincial Parliament, passed in the 12th year of the Reign of Her present Majesty Queen Victoria, being chapter the 8th, and intituled "An Act to make provision for the Pre- servation of the Public Health in certain emergencies," shall, by proclamation of the Governor of the Province, be declared to bo in force ; and whilst it shall so continue to be, so as to require the nomination and appointment for the City of Mon- treal of a Local Board of Health, the Board of Health hereby constituted shall become and bo, and the several and respective Members thereof shall act as " The Local Board of Health for the City of Montreal," and shall carry out and enforce the directions and regulations of the Central Board of Health, and exercise all the powers of Health Officers conferred by that Statute on the Members of the Local Boards of TIealth. Sec. 8. Any person or p^-rsons disobeying the orders of the reuaitj. said Board of Health, or of any Member of the said Board, or refusing to comply with such orders, or opposing the same in any manner whatsoever, or preventing any INIember of the said Board of Health from entering into any house, or on any promises, or assaulting them in tlie execution of the powers and duties imposed upon them, shall be liable and condenmed to pay a Fine not exceediiv^' Twenty Dollars, or an Lnprison- mcnt not exceeding Thirty Lays, or both punishments, accord- ing to the discretion of the Ilocorder's Court. commg 262 BY-LAWS OF THE CITY OF MONTREAL. m CHAPTER VIII. By-Law in relation to the Manufacture and Sale of Bread. m Weight and quality of broad. BE it ordained and enacted by the Council of the City of Montreal, as follows : Sec. 1. All Bread manufactured by the Bakers of this City for sale, shall be made of the weight and quality here- after described, that is to say : the Brown Loaf shall be made of good wholesome wheaten flour, and be baked in loaves of six pounds avoirdupois weight each, or of half-loaves of three pounds avoirdupois weight each ; the White Loaf shall be made of good sound fine wheaten flour, and shall be baked in loaves of four pounds avoirdupois weight each ; or of half-loaves of Mark indicative two pouuds avoirdupois Weight cacli ; and every loaf of such initial letters of Bread shall be marked with the numbers indicadng the weight of such loaf, and also with the initial letters of the name of the Baker or Bakers thereof. And if any Baker or other person, or company of persons, shall bake, expose, or offer for sale, in the said City, any Wheaten Loaves of less weight than such as hereinbefore described, or than what the said loaf or loaves puiport to be, or that shall be made of unwholesome materials, calculated to defraud the public, or any loaf or loaves not marked as aforesaid, every such Baker or other person or Company so offending, shall incur and pay a Penalty not exceeding Twenty DoUars, or be liable to an Imprisonment not exceed ng Thirty Days, or be liable to both fine and imprisonment aforesaid, for each offence, and shall moreover suffer the forfeiture and confiscation of all such Bread as shall be found of light Avoight, or of an inferior quality, or not marked as aforesaid: Provided always that such deficiency in the weight of such Bread shall be ascertained by the Inspector or Inspectors of Bread, to be appointed by the said Penalty. Confiscation. Proviso. BY-LAWS OF THE CITY OF MONTREAL. 26a Council, by weighing or causing the same to be weighed in his or their presence, within eight hours after the same shall have been baked, sold, or exposed for sale : And provided Proviso, further, that whenever any allowance in the weight shall be claimed on account of any Bread having been baked, sold, or exposed for sale since more than eif^ht hours as aforesaid, the burden of proof in respect to the time when the same shall have been baked, sold, or exposed for sale, shall devolve upon the Defendant or Baker of such Bread. Sec. 2.* It shall be lawful for the Council of the said City council to ap- ...... .■ . , . , point Inspectors from time to time, as occasion may require, to appoint one or of Bread, more fit pei'son or persons to be Inspector or Inspectors of Bread ; and it shall be the duty of the said Inspector or In- Their duties, specters, and they are hereby authorized and required from time to time, not less than once in each month and whenever ordered so to do by the Major of the said City, at all season- able hourS; to enter into, and inspect and examine every Baker's shop, store, house, or other building where any Bread is or shall be baked, stored, or deposited, or offered for sale, and in the presence of at least one witness, to inspect, weigh, and examine all Bread found therein ; and also to stop, detain, and examine in any part of the said City, any person or pjrsons, or any waggons or other vehicles carrying any loaf or loaves for sale, and in the presence, as aforesaid, of at least one witness, to weigh the same, and determine whether the same are in violation of the true intent and meaning of the present By-law; and if the said 1 1 pector or any one or more of the said Inspectors shall find any loaf or loaves of Bread deficient in weight or not conformable to the directions herein contained or any part of them, he or they shall immediately seize and confiscate the c: .me for distribu- tion to the poor. Sec. 3. If any Baker or other person shall hinder, obstruct, penalty for or prevent any Inspector or Inspectors of I>read,from making inspectors^of any examination authorized or required of him oi them by this execution of their duty. • By a Resolution of Council, of t'ic 10th September, 1855, the Ciiief, Sub-Chiefs, and Sergeants of Police are appointed Inspectors of Bread. 204 UY-LAAVS OF THE CITY OF MONTREAL. By-law ; or shall hinder, ol)struct or prevent any Insjjcctor or Inspectors aforesaid, or any person aiding or assisting him or them, from stop})ing any waggon or other vehicle for carrying Er'jp.d ; or from seizing, taking and carrying away, and dis- posing of, according to law, any Bread found in the said City, not conformable to this By-law ; every person so offending shall forfeit and pay a Fine or Penalty not exceeding Twenty Dollars, or be liable to an Imprisonment not exceeding Thirty Days, or be liable to both fine and imprisonment, for each and every such offence. CHAPTER IX. By-Law concerning the Erection of Buildings. BE it ordained and enacted by the Council of the City of Montreal, as follows : Sec. 1. The Inspector of Buildings, appointed to enforce the laws relating to the construction of Buildings in this City, and for the prevention of accidents by fire, shall bo termed Impector of Buil(Mnrs rccoivolfnevT thereof to raise the same for the purpose of making a flat roof, provided that such new roof shall be covered with metal II 2tj(j BY-LAWS OF THE CITY OF MONTREAL. i^h ?'! ■m May be en- larged. l'ia>;za, bal- conies, &c. or any of the articles sanctioned to be used in the next pre- ceding section of this By-law, and provided such Building when so raised shall not exceed thirty-five feet in height to the highest part thereof from the curb level. Sec. 8. No Wooden Building now erected shall be enlarged or built upon, unless such extension or addition be of fire- proof materials, nor shall any Wooden Building bo removed from one lot to another. woodonsheds. Sec. 9. No Woodon Shed shall be erected or permitted unless one whole side of the same shall be left entirely and constantly open, and provided also the same does not exceed twelve feet in height to the peak or highest part thereof from the level upon which it is placed. Nothing in this section or in this By-law shall be held or construed to pro- hibit the erect'.on of any Piazza, Platform or Balcony, not to exceed ten i'eet in width on the level of the fir.'jt. story of any Building to which the same may be attached : i:H'ovided that such Piazza, Platform or Balcony shall not extend more than three feet above the second floor of any such Building as aforesaid. Sec. 10. All Privies not exceeding ten feet square and ten feet high shall, and all Fei-ry-houses may, be built and covered with wood, provided such Privies and Ferry-houses shall not be used for any other purpose than a Privy or Ferry- house. Sec. 11. Every Wooden Building, which may hereafter be damaged by fire to an amount less than one half of its value, may be repaired or rebuilt ; 'mt if such damage be greater than one-half such value thereof, then such Building shall not be repaired or rebuilt, but shall be taken down. Sec. 12. The amount and extent of such damage by fire or otherwise, mentioned in thv last preceding section, shall be determined by the Inspector of Buildings, one Surveyor appointed by the Fire Insurance Company or Companies, if such Building be insured, and one by the owner, or owners of the property. But if such Building or Buildings be not insured, then the damage shall be determined by the said I'rivies. Kcpairs to wooden buildings. Damage, by whom ascer- tained. BY-LAWS OP THE CITY OF MONTREAL. 267 next prc- Building height to 3 enlarged be of firc- Q removed permitted tircly and lot exceed ,rt thereof ng in this ed to pro- Icony, not it, story of : j>i'ovided Ltend more h Building quare and built and rry- houses r or Ferry- hereafter half of its damage be h Building down. ige by fire ction, shall i Surveyor mpanies, if , or owners ings be not y the said Inspector, one person appointed by the owner or owners, and another expert chosen l)y the two former. In case the owner or owners shall refuse or neglect to appoint an expert for the purpose of estimating such damage, then it shall be lawful for the Recorder to appoint such expert. Sec. 13. No person or persons shall hereafter construct conttiuctiou or m any House or Builamg covered witli slungles, or wood, ■within the said City, any Chimney or Chimneys which shall be elevated less than three feet six inches above the ridge-polo thereof, or shall construct in any house covered with metal, slate, or tile, any Chimney or Chimneys which shall be so elevated less than two feet, or shall construct such Chimney or Chimneys so obliquely as to px'cvent it or them being easily swept, or shall construct any vent or vents or sweep opening in such Chimney or Chimney.? of less area than one hundred and forty-four inches each, or shall fail to have the joints of the bricks, when such material is employed, smoothly pointed or drawn, the bricks also to be well laid in mortar, and grouted with liquid mortar. * Sec. 14. No person shall hei'cafter construct, or permit UrUk ciiim- to be constructed, ni his, or her house, m tlie said City, any Chimney of brick, the sides of which shall bo of hiss thickness than eight inches, within such Building, and the area of the flue thereof less than one hundred and fourty-four inches, or without havino; a good and proi)er stone foundation ; neither stovp-pipe shall any person pass a stove-pipe through the top or sides of any Wooden-house, Out-house, Fence, or any Building what- soever, owned or occupied by such person in the said City. Sec. 15. Any proprietor or proprietors of any House or cinmnoys to Building within the said City, who shall neglect or refuse to order, &o. maintain the Chimney or Chimneys of such House or Building in good condition, or to repair the same when required by the Inspector aforesaid, or fail to cause the removal of any obstiuction or obstructions in the said Chimney or Chimneys, preventing the same from being Avell and easily swept, or who shall permit more than two pipes to terminate in the same Chimney in each story of such House or Building, or who shall 268 BY-LAWS OF THE CITY OP MONTREAL. B(" CliJfnncys witlioiU flrc- places. Ladders to cliiniiiejf*. LaddcM on building!!. Gnblo ends of houses. Placing of hearth-stones. Buitdings adjoining streets to have spouts. allow a stovo-pipo to terminate in any other place than in a Chimney, shall incur and pay the penalties liereinafter provided . Sec. 16. The proprietor or proprietors of any House or Building within the said City, having any Chimney or Chim- neys with no fire-place or fire-])laces thereto, shall cause to be made iuro such r'aimnoy or Chimneys such opening or openings, securely guarded by iron doors and frames, as sliall admit the said Chimney or Chimneys to be easily swept : said iron doors to be at least twelve inches square. Sec. 17. All Ladders to Chimneys in the said City shall hereafter be well secured and fastened to the same by iron hooks, and shall not extend higher than within six inches from the tops of such Chimneys ; and the tops of Chinmeys, if composed of brick, or more than one stone, shall be hooped with iron. Sec. 18. It shall be the duty of the proprietor, or in case the pHJprietor is absent, of the occupant or any person having the cftre of any House or Buildir.ij, in the said City to have and maintain on such House or JJuiiding, a sufficient number of ladders, and to have the same repaired or renewed when re(£uired by the said Inspector. Sec. 19. The gable ends of all houses to be hereafter built in the said City, shall be elevated at least two feet above the roof thereof, and the coping or covering of such gables shall be made of stone or covered Avith metal. Sec. 20. No person shall hereafter lay, or permit to be laid or placed in any wooden floor, any hearth brick or stone which shall not rest upon brick or stone underneath to its whole extent, not" less tha'^ three inches in thickness, and Avhich shall not be well bedded in mortar, and grouted so as to fill all the spaces, said brick or stone hearth to be eight inches longer at each end than the fire place, and sixteen inches in width from the face of the Chimney. Sec. 21. All proprietors of Houses or Buildings adjoining any public square, street, lane, or highway within the said City, shall have and maintain to such Houses or Buildings, BY-LAWS OF THE CITY OF MONTREAL. 269 tight covered spouts, by Avhich tlio water from the roofs of sueli Houses ov Buildings may be convoyed to within a dis- tance of not greater than twelve inches from the footpatli or sidewalk : Provided always, that in case of the absence of ivoviso. such proprietors, the occupants shall bo held responsible in the premises, for each offence against the provisions of this section. Sec. 22. No person shall hereafter use or employ any woodcn u-mm '■ , __'•'•' or supjiortcrs. wooden beam or post of any kind or description whatever, or cause the same to be used or employed to permanently sus- tain, uphold or sui)port any brick or stone wall of any house within the said City, unless said beam or post shall b«> made of ash, oak, or elm, and be at least twelve inches sipuire. Sec. 28. No person shall hereafter build or enter, or uoams in wniu. permit to be built or entered, any beam or joist into any wall in liis, Ikt, or their House or Building, in the said City, nearer than eight inches to any flue or fire-place in such wall, and all such beams or joists shall be entered into trinmiers, framed so as to bo at least one inch clear of all Chimneys and flues. All beams and other timbers in the party wall of every such Dwolling-liouse, Store, Store-house or other Building hereafter to be erected or built as aforesaid, shall be separated from the beam or timber entering in the opposite side of the wall by at least four inches of solid mason work. No person shall stovi.-. place any stove for burning wood into any partition in the said house, without leaving nine inches clear from any wood w^rk immediately above such stove, and seven inches clear from any wood work opposite the sides of the same ; arul all stoves, whether to burn wood or coal, shall be placed upon metal plates, or pans projecting at least eighteen inches beyond the door of said stove. Sec. 24. No person shall place any stove for burning coal Coai stoves. in any partition in the said house without leaving eighteen inches of clear space on all sides, unless said partition shall be protected by tin plate, nor shall any coal stove be placed nearer to any wooden partition or wood work of any kind than two feet, unless said wood work shall be protected by a screen of tin plate. 270 TlY-TiAWS OF TUB CITY OP MONTI;r:\L. I m m ! Hciitfli'K on rooili. 'B'M i'artltlon wnllti. Iinnort'ootloiiH in tlio cdimtnio tioll of llOU!4l'H. rrolitbltion extondud to repairs. Inspector mny enter biilldinRA, &c. Scaffolds liow to 1)0 cunHtriictcd. See. 2"). Any proprietor of any House, Store, o HuiUrm;^ within the saiil City, more than one stor who Hhall neglect to have and maintain an aperture, scuttle, or tlormor wii\e same, within a reasonable time after being noti- fied f-n to (h by the said Inspector. Provided always, that in co^ie <■;' '.i(( absence of such proprietor, the occupant, or any porsoti inw ing the care of such House or Building, shall l)0'held responsible for each oftcnce against the provisions of this section . Sec. 28. The same prohibitions and conditions which are hereby enacted as applicable to new Buildirxgs, shall be held to apply also to the repairs of Buildings already erected. Sec. 20. The Inspector of Buildings shall have the right to enter idl Buildings inid premises on all lawful days, and during reasonable hours, for the purpose of performing the duties api)ertaining to his office. Sec. 80. All Scaffolds erected in this City for use in the erection or repair of stone, brick, or other Buildings, shall be well and safely supported, and of sufficient width, and pro- perly secured, so as to insure the safety of persons working BY-LAWS OF TIIF CITY OF MONTREAL. 271 thereon, or passing under or by the same, a;^ain.st tlie fallinj^ thereof, or of such ma'.erials as may he used, phiccd, or deposited thereon ; and any person wiio shall erect, or use, or cause to bo erected or used any Scaffold contrary to the provisions hereof, shall be subject to the penalty hereinafter provided for. Sec. 81. It shall bo the duty of the Inspector of Buildings Diinpidaurt . . ' 11 iM • 1 -I woIIh, &c. , to bo •to re(|uu'e, by a written or pnnteu notice, that all dilapidated puiied down, or ruinous Walls, Chimneys, or Buildings, that may endanger the public safety, be pulled down, demoHsIiod, and removed by the owner or party in possession or g charge thereof, within a reasonable delay, varying a • ^" the circum- stances of each case, and to bo spocii < i aid notice ; and every person on whom such notici: . served, shall forthwith obey and comply Avitlr the requiremouts thereof. Sec. 32. When the person on whom notice shall have been At whose ex. served as aforesaid, shall refuse, or neglect to obey, or com- ply Avith the requirements thereof, it shall bo lawful for the said Inspector, at the expense of the party notified, to pull down, demolish, and remove, or to cause to be pulled down, demolished, and removed, all such dilapidated or ruinous Walls, Chimneys, or Buildings as may be specified or referred to in the said notice, and that may endanger the public safety ; provided, however, that such pulling down, demolition, and removal of the said Walls, Chimneys, or Buildings by the said Inspector, shall not exempt the party on Avhom notice shall have been served as aforesaid, from the hereinafter imposed penalty. Sec. 83. The expense of pulling down, demolishing, and ibid, removing any such dilapidated or ruinous Walls, Chimneys, and Buildings, whensoever incurred by the said Inspector, may be recovered with costs in the Recorder's Court, from the owner, or the person in possession or having charge of the said dilap- idated or ruinous Walls, Chimneys, or Buildings, refusing or neglecting to pull down or demolish the same as aforesaid. Sec. 34. Whereas serious accidents have occurred, and rubUcbuiid- much danger may be apprehended from the want of proper viled with*"^ ^^::^^. ^, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I m. 121 lit lii ■f lit ... 1^ Its IL25 III 1.4 1.6 ^ V] 4JW "^l Hiotographic Sciences Corporation 23 WEST MAIN STRUT WEBSTfR.N.Y. MS 10 (716) 872-4503 >^<* 272 BY-LAWS OP THE CITY OF MONTREAL. means for the Bafe eKress of aii8omblio8 in ca8C of accident. Proviso. Duty of Inspec- tors of Build- ings. Penalty. precautions being taken to prevent the loss of life by fire in Public Halls, Churches, or other Buildings wherein large assemblies usually gather : Be it therefore enacted, that no Lecture Hall, Theatre, Concert or Ball Room, Church, or other like Building in the said City, shall be used for the convening of assemblies of more than one hundred persons, unless the same be so constructed as to offer adequate means for the safe egress of such assemblies, in case of any accident by fire, and unless the proprietor or party in charge of the above mentioned Buildings shall have obtained a certificate to that effect from the Inspector of Buildings : Provided that in all cases the entrance doors to such Lecture Halls, Theatres, Concert or Ball Rooms, Churches, or other Buildings shall be of adequate dimensions, and so made and affixed as to open exteriorly. Sec. 35. It shall be the duty of the Inspector of Buildings to examine each and every Lecture Hall, Theatre, Concert or Ball Room, Church, or other Building as aforesaid, and to notify the owner or person in charge of the same by a written or printed notice to comply with the provisions of the next preceding section of this By-law, within a reasonable delay, not to exceed however thirty days ; aad any such owner or person in charge of the said Buildings who shall refuse or neglect to comply with such provisions, within the delay aforesaid, shall be liable to the following penalty. Sec. 36. Any owner, builder, or other pelrson who shall own, build, or aid in the erection of any Building or part of Buildmg within this City, contrary to, or in any other manner than authorised by the provisions of this article shall be sub- ject to a Fine of not less than Twenty Dollars, or an Imprison- ment not exceeding Thirty Days for the first offence, and to like fine or imprisonment for every forty-eight hours such person shall fail to comply with the provisions of this By-law, or continue in the violation thereof. If any person shall violate any other provision of this By-law, he shall be subject to the like fine or imprisonment. BY-LAWS OP THE OITY OF MONTREAL. 273 . • CHAPTER X. By-Law concerning Burials. i."\' B E it ordained and enacted by the Council of the City of Montreal, as follows : . Sec. 1. No person shall dig or open any grave, or cause any intramuni grave to be dug or opened, in any Burying Ground, Cemetery, or prohibited. Church Yard, or in any other part or place in the said City; or shall inter or deposit, or cause or procure to be interred or deposited, in any such grave, or in any vault or tomb, any dead body, within the said City, under a Penalty not exceed- Penalty, ing Twenty Dollars and an Imprisonment not exceeding Thirty Days, for each and every offence ; and a further Penalty not exceeding Twenty Dollars, and a further Imprisonment not exceeding Thirty Days for each and every day (if sued for daily) that any such grave shall remain dug or opened, or any such dead body shall remain interred or deposited in any such grave, vault, or tomb. Provided, however, that nothing Proviso, herein contained shall prevent the interment in Roman Catho- lic Churches in this said City, of the bodies of Priests or Nuns of the said Boman Catholic faith. Sec. 2. The Superintendent, Beadle, or other person or Beadtestomake , . , - T* • /-T -1 • weekly returng. persons havmg charge of any vault or Burymg Ground m or near the said City, shall, between the hours of nine of the clock in the forenoon, and noon, of Saturday in each week, make and deliver in the office of the C hief of Police, of the said City, a return of tEe persons burlecT In such "vault or Burying Ground, during the said week, in the form contained in the Schedule A, hereunto annexed, under a Penalty not exceeding Twenty Dollars, and an Imprisonment not exceed- ing Thirty Days for each and every refusal, neglect or omission so to do. KK 274 BT-LAWS OF THE OITT OF MONTBEAL. Duty of Chief of I'o L'olice. Beadle to bo furnished with certificate of name, age, ke., of deceased. Sec. 3. It shall be the duty of the Chi ef of Polic e to enter or cause to be entered the returns meiitiohe^ in tHe preced- ing Section, in a book, to be kept by him for the purpose, and on or before the hour of four of the clock in the afternoon of Saturday in e ach week, to make out yid deliver to the City Clerk of the said City a general return of all the person s bunedjyithin the linnts of the said City, duringThe said week, with all the particulars furnished to him in the several returns received by him from the Superintendents, Beadles, or other persons in charge of the several vaults and Burying Grounds in or near the City, and also, to furnish the Clerks, Superin- tendents and other persons in charge of vaults or Burying Grounds with a sufficient supply of the forms in the annexed Schedule. Sec. 4. No Sexton, or other person having charge of any place of interment in or near the said City, shall, under a Penalty not exceeding Twenty Dollars, inter or permit to be interred any dead body therein, without having received a certificate stating the name, apparent age, birth place, date and place of death, and the disease of which he or she shall have died, signed "by the attending Physician, which certifi- cate the said Physician shall be bound to deliver under a Penalty of Twenty Dollars ; or in case no Physician shall have attended such deceased, then by some of the family of the deceased ; and, in case such person cannot write or sign his name, such person may append ^ ' mark to such certifi- cate in presence of two witnesses ; 'n case of an inquest having been held, the certificate shall be signed by the Co- roner ; and the said certificate shall be deposited, with the return, in the office of the Chief of Police, and the said cer- tificate may be in the form specified m Schedule B hereunto annexed. BY-LAWS OF TflE CITY OP MONTREAL. 276 9i I P e w o 03 t)0 a I § - O -S Cm a o i a M .1 I ■s i> ii 1(3 ^a • ' ' '- ', §5 V 1 3 ' , •' ' •ewasfa 'ij}anoo}iiqMui,jj !i •P«AI ii •»93J?S 'jaqmiiii M •bX«(i 1 5 •iqjaoH 1 •uvax s •BMopj^ 'udoioAV POJMBre •8IJI9 i 'uO[9qoBg •woMopiM. •nare 1 pefjJBre 1 •giCoa •esBaooajo ova • 10 » » < fe ■ .? .« • 5 1 a ji , .,., II Place of Besidence. • II 1 i roBd-wty . . . •" order, of the rails, in good condition or to have the repairs made thereon, that may bo considered by the Road Committee to bo necessary, the Road Committee shall in that case, order such repairs to bo made forthwith by the Company ; and if the Company fail in complying with such order, the said Committee shall cause the said repairs to bo made at the cost of the said Company, and the amount so expended may be recovered against the said Company in any Court having jurisdiction in the premises. Sec. 27. The privilege granted by the present By-law Kxtont of privi- to the Company to be formed and established as aforesaid, tko Company, shall extend over a period of forty years from this date ; but at the expiration of twenty years the said Corporation may, after a notice of six months to the said Company to be given within the twelve months immediately following the expiration of the said twenty years, assume the ownership of the said Railway, and of all real or personal property in connection with the working thereof, on payment of their value, to bo determined by arbitration, together with an additional ten per cent, thereon ; and in case the Corporation should fail in exercising the right granted to them of assuming the owner- ship of the said Railway at the expiration of twenty years as aforesaid, the Corporation may at the expiration of every five years to elapse after the first twenty years, exorcise the same right of assuming the ownership of the said Railway and of all real or personal estate thereunto appertaining, after one year's notice to the said Company, to bo given within the twelve months immediately following the expiration of every fifth year as aforesaid, and on payment of their value, to be deter- mined by arbitration, together with an additional ten per cent, thereon. Sec. 28. Should the said Company at any time give up Rails to be re- the Railway, or cease to exercise the privilege hereby granted pany giro up the 282 DY-LAWB OF THE CITY OF MONTREAL. to them, thoy shall ho hound to romovo tho raila after three months' notice from t}ie Curponition, and to have tho stroets traversed hy the rails put in good repair and condition. ihccouiicii Sec. 29. If tho said Company fail in tho execution of ni«), In ccrtalu *, i. . cuH. .4 royoko any one of tho conditions or ohligations nnposod hy tho present By-law, and especially if thoy fail to complete the said Railway within tho time stipulated for each of tho Districts aforesaid, tho said Council may revoke and annul the privilege granted to tho said Company, by passing a resolution to that effect, and without tho necessity of a recourse to tho Courts of Justice. Notarial asroo- mxiit )irovidocl f'(ir. Sec. 80. Tho present By-law shall only come into force after an agreement, based upon tho conditions and pro- visions herein stipulated, shall have boon entered into and executed by Notarial deed, between tho said Com[»any and tho said Corporation, represented by the Mayor, who is hereby authorized to sign such deed of agreement. CHAPTER XII. By-Law to regulate the Sale and Measure- ment of Coal. Anthracite coal to he sold by weight. IWd. BE it ordained and enacted by the Council of the City of Montreal, as follows : Sec. 1. All Anthracite Coal which shall hereafter be sold in this City, shall bo sold by weight ; and tho ton of two thousand pounds avoirdupois weight, with its parts and pro- portions, shall be held as the weight by which tho same shall in all cases. (except by cargo) be sold. Sec. 2. On or before tho delivery of such Coal, so sold, it shall be the duty of the seller thereof, unless otherwise mutually agreed upon, to cause the same to be weighed by one BY-LAWS OF THE CITY 0¥ MONTREAL. 2«n of tho public wcij^litTH hereinafter (lesi;^nnte(l, niul n cortifi- (Vriitioiif cato of tho weight thereof, flignod by the weigher, shall ho *' " ' " delivorocl to tho buyer, or his a^^ent, at tho tiino of tho deli- very of such coal ; .a duplicate of which certificate shall also bo delivered to tho seller, or his a^^ent, if rc(|uired. Sec. 8. No person en^'a^'od in tho business of selling Coal Hoii«'r«..ro.»«i 1 11 . ■ 1 1 ,1 !• . not Jo act BH shall act as a woighor under tho preccduig section. wuigiiorx. Sec. 4. Any person who shall offend aj^ainst tho provi- renaity. sions of either of tho foregoing sections of this Hy-law, shall for each and every ofTenco, bo liable to a Fine not exceeding Twenty Dollars, or to an Imprisonment not exceeding Thirty Days, or to both. Soc. 5. Tho Clerks of tho several Public Markets in this wiioKimii net City, with the exception of tho Bonsecours and St. Lawrence Markets, shall be, and they are hereby authorized to act as weighers of such Coal, and to receive, on behalf of tho said Council, tho fees hereinafter mentioned. Sec. 6. Tho following shall bo tho fees which tho said veo* for wiijih- weighers shall bo entitled to receive for tho weighing of Coal as aforesaid, viz : For every load of Coal, not exceeding fifteen hundred pounds in weight, Five cents. For every load of Coal, exceeding fifteen hundred pounds in weight, Ten cents, which said fees shall include tho certifi- cate (in duplicate) of the weight of such Coal, and shall bo paid by tho seller thereof ; and the said certificate shall con- tain the gross weight, the tare and the number of (ho vehicle in which the same was weighed. Soc. 7. Tho said weighers shall submit to the City Clerk AVoigiicM hJioii quarterly reports of their doings, in which shall bo stated the &c."' "'''"'^ number of tons and fractions of tons of coal weighed by them respectively, together Avith the amount of fees received, of which fees they shall make weekly returns to tho City Trea- surer. 284 BY-tAWS OP TUB CITY OF MONTREAL. CHAPTER XIII. By-Law concerning Dogs. I ill No dog to go at largo unless duty thereon is paid. Dogs to be furnished with collar. Porsons whoso dogs are com- plained of to be proceeded against. BE it ordained and enacted by the Council of the City of Montreal, as follows : Sec. 1. No Dog shall bo permitted to go at large or loose, in any street, lane, alloy, or court, or any unenclosed or public place in this City, unless the owner or keeper of such Dog, or the head of the family or keeper of the house where such Dog is kept or harboured, shall have paiu the City Treasurer the annual duty imposed upon, and for, each and every such Dog, nor unless such owner or keeper of such Dog, or the head of the family or keeper of the house where such Dog is kept or harboured, shall also cause a collar to be constantly worn by such Dog, having the Christian and sur- name of the owner of the said Dog legibly written, stamped, or engraved thereon ; and in case any Dog shall be found loose, or going at large as aforesaid, contrary to the provis- ions of this By-law, the owner or keeper thereof, or the head of the family or keeper of the house, where such Dog is kept or harboured, shall, for each and every offence, forfeit and pay a Fine or Penalty not exceeding Twenty Dollars, and be liable to imprisonment till the fine imposed be paid ; provided that the said imprisonment do not, in any case, exceed Thirty Days. Sec. 2. On complaint being made to the Mayor of this said City, of any Dog within this said City, which shall, by barking, biting, howling, or in any other way or manner disturb the quiet of any person or porsons whomsoever, the Mayor, on such complaint, shall issue, or cause to be issued, notice thereof to the person keeping or permitting such Dog to be kept, or to the owner thereof; and in case such person or owner shall, for the space of three days after such notice, BY-LAWS OF THE CITY OP MONTREAL. 285 neglect to cause such Dog to be removed and kept beyond the limits of the City, or to be destroyed, he shall, for each and every day which shall elapse, until such Dog shall be removed or destroyed, as aforesaid, (if sued for delay,) forfeit and pay a Fine or Penalty not exceeding Twenty Dollars, and be liable to imprisonment till such fine be paid; provided, however, that the said imprisonment do not, in any case, exceed Thirty Days ; and, provided also, that the Recorder's Court, before which such complaint shall be heard and tried, shall be satisfied that such Dog had, in manner aforesaid, disturbed the quiet of any person or persons in the said City. Sec. 3. If any person after being convicted under the chiof oi I'oiuo provisions of the second Section of this By-law, shall still in ccrtniu^cn«?i^ neglect or refuse to destroy his Dog, on being ordered so to do, or if any Dog, of which no owner or keeper shall be discovered, or whose owner or keeper shall refuse or neglect to pay to the City Treasurer the annual duty imposed upon and for him, shall be found going at large contrary to the provisions of this By-law, it shall be the duty of the Chief of Police to cause such Dog to be destroyed. Sec. 4. Whenever information may be given to the Mayor Mad doRs. of the City that a mad Dog has been seen running at large in any part of the said City, or in any part of the parish of Montreal, or whenever it shall appear to the said Mayor that there is reason to apprehend danger to the safety of the citi- zens, from mad Dogs ; it shall be lawful for the said Mayor, Notice by tin- and he is hereby authorized to give public notice, enjoining * "^"'" all persons in the said City of Montreal to confine their Dogs, or muzzle them in such a manner, as that they shall be totally unable to bite ; and that, during a space of time, which shall not exceed two calendar months, to be computed from the date of the publication of said notice ; and the said notice shall mention the time at which the confinement or muzzling of the said Dogs shall cease. Sec. 5. It shall be the duty of the Chief of Police to dors found an. cause to be destroyed all Dogs that may be found running at Sestroj wi" ^ large, or wandering in any part of the said City, not muzzled 286 BY-LAWS OF THE CITY OP MONTREAL. in the manner required by the preceding section of this By- law, after the publication of the said notice, and while the said notice shall continue in force ; and each and every owner, master, or person in charge of, or that usually harbours any Dog which shall be found running at large, or wandering in any part of the said City, without being muzzled in the man- ner aforesaid, after such notice shall have been published and while the said notice shall continue in force, shall be liable to a Penalty not exceeding Twenty Dollars, and to an Imprisonment not exceeding Thirty Days, for each and every offence. CHAPTER XIV. By-Law in relation to Ferries. Kerry men to take out a li- cense. Liconges to bfl renewed every year. BE it ordained and enacted by the Council of the City of Montreal, as follows : Sec. 1. No person shall hereafter ply as a Ferryman, to the City of Montreal, from any place on the Eastern or oppo- site side of the River St. Lawrence, within nine miles of the said City, nor shall any person for hire, ferry or pass over any person, animal, or thing of any kind whatsoever, to the said City, from any place on the said Eastern or opposite side of the river, within nine miles of the said City, without having first obtained a License from the Council of the said City, under the signature of the City Clerk : Provided that nothing herein contained shall apply to steamboats plying from Laprai- rie or Longueuil to this City. Sec. 2. All persons obtaining licenses as aforesaid, shall be required to renew them annually between the first and the fifth days of the month of May in each year ; and the neglect so to do, shall be regarded as an abandonment of said licenses and of the occupation of Ferrymen. BY-LAWS OF THE CITY OP MONTREAL. 287 Sec. 3. All licenses to be issued as aforesaid, for Ferries, shall be force until the first day of May next, after the date the f, respectively, and no longer. Sec. 4. Every i5er8on obtaining a license as aforesaid, to ferry to the said City of Montreal, shall keep in his service, at least three able men, one Canoe and one Bateau, two Set- ting Poles, two Oars, and one Paddle, for each Canoe ; and fom* Oars and one large Paddle for each Bateau ; he shall be held to ferry over day or night, without distinction or par- tiality, and in the order in which they may arrive at the Ferry, all persons wishing to cross, provided it can be done with safety. No Ferry-man shall detain travellers more than one quarter of an hour by day, and one half hour by night ; and each Canoe when crossing, shall have, and be propelled by, two, and each Bateau by at least three men. Sec. 5. No application for a license to Ferry shall be received unless notice of such application shall have been given forty-eight hours previously to making the same, to the Ferrymen already licensed at or near the place whence license to ferry is demanded; and unless proof of such notice having been given, be furnished at the time of making application for said license. Sec. 6. The City Treasurer shall furnish each and every Ferryman obtaining a license, with copies of this By-law in the English and French languages ; each and every Ferry- man shall be bound to put up, and keep the same openly exhibited in some conspicuous part of his house ; and each Ferryman shall pay to the said City Treasurer Eight Dollars for his license upon obtaining the same. Sec. 7. No person acting as Ferryman as aforesaid, shall demand, or receive any higher rates or charges than those hereinafter specified, namely : License to run uutil lint May. Kulcs to Ik> observed by ferrymen. Applicants for ferry licenses to give notico. Persons obtain- ing licenses to be furnished witli By-law. Feo for liccnso. Tariff. 288 BY-LAWS OF THE CITY OF MONTREAL. I Penalty. TARIFF. IN BATEAUX. For a Caleche or Cart, drawn bj one or two Horses and the Driver 11.25 For a Horse and the Rider, or for an Ox or (Jow and the Guide 1.00 For three Puncheons or less 1 . 25 If more than three, for each . 40 IN CANOES. For a foot passenger . 35 If more than one, for each . 25 Sec. 8. Each and every person offending against any of the provisions of this By-law shall, besides forfeiture of their license, forfeit and pay a Fine or Penalty not exceeding Twenty Dollars, and be liable to an Imprisonment not exceed- ing Thirty Days for each offence. CHAPTER XV. By-Law concerning the Fire Department. ARTICLE I. OF THE ORGANIZATION OF THE FIRE DEPARTMENT. ARTICLE II. PRECAUTIONARY REGULATIONS. Article 1. OF THE ORGANIZATION OP THE FIRE DEPARTMENT. iiliil l,Ji;Ml.| j Firo Depart- luont, under whose direc- tion. BE it ordained and enacted by the Council of the City of Montreal, as follows : Sec. 1. The Fire Department of this City shall be under the direction of the Fire Committee of the Council. BY-LAWS OF THE CITY OF MONTREAL. 289 Sec. 2. The Fire Department of this City shall he com- Firo Depart- posed of the undermentioned officers and men, who shall be stitutcd. known and designated as follows : One Chief Engineer, One Assistant Engineer, One Hosemaker and Cleaner, Eight Guardians, Eight Assistant Guardians, Eight Drivers, who shall be called " the City Fire Police," and as Firemen shall be entitled to all the privileges, immunities, and exemp- tions as by laAV established. Sec. 3. There shall be a permanent establishment of eight rormftnont stations, to be numbered trom one to eight, in each ot which of stations, there shall be placed such a portion of the Fire Department as the Fire Committee may from time to time determine, who shall perform all the duties required of them, and especially the protection of property from fire, and the watering of the streets. Each station shall be supplied with the necessary apparatus and equipment of horses, hose reels, carriages, lad- ders, axes, torches, &c., &c. Sec. 4. It shall be lawful for the said Fire Committee, Numbor of »ta- having first obtained the consent of the Council therefor, to creased/ add to the present establishment by increasing the number of stations, should the increase of the City hereafter make such extension necessary. Sec. 5. The Guardians, Assistant Guardians, and Drivers, Guardians, *c., shall form one Company of Fire Police as aforesaid, consist- company, ing of eight sections, and shall be employed to operate Fire Engines, Hose, Hooks, Ladders, Axes, &c., according to the exigencies of the service, and under such Rules and Regula- tions as may be established by the Fire Committee. Sec. 6. The men heretofore constituting the Fire Depart- oid firemen to ment of this City who may offer their services, shall be company.'^ organized into a " City Fire Com-^any'^ for the purpose of operating Fire Engines, wording Hose, placing Ladders, MM 290 BY-LAWS OP THE CITY OP MONTREAL. and any other duty which may bo required of them in aid of the Fire Police. iiioir number. The numbcr of Members of the said City Fire Company shall not exceed thirty-six, and they shall be under the im- mediate command of one Captain and two Lieutenants. It shall be lawful, however, for the said Company to enroll eighteen Supernumerary Members, to supply the places of absentees. Thoir privileges The Members of the Company so organized shall be entitled to all the privileges and immun'ties of Firemen, and shall be paid as hereinafter provided, tmbject to drawback supornumorary fornon-at tendance. The Supernumerary Members, however, will only be entitled to pay when supplying the place of absent Members. Parades. Soc. 7. The wholo Fire Department shall turn out when ordered for Inspection, it being understood that at least one Parade shall take place annually. Rules and Scc. 8. Rulcs and Regulations for the government and '^ ' * ' " Avorking of the Department, shall be issued from the office of the Chief of the Fire Department, under the sanction of the Fire Committee. Pay of the offl- Scc. 9. The pay of the officers and men shall be as follows : ccrs And mciii Chief Engineer fSOO.OO per annum. Assistant do 500.00 " Hose Maker and Cleaner 400.00 " Eight Guardians 365.00 " each. Eight Assistant Guardians .. . 273.75 " " Eight Drivers 240.00 " " CITY FIRE COMPANY. One Captain ^50 per annum. Two Lieutenants 40 " each. Thirty-six Men 20 " " And no alteration shall be made in the salaries to be paid to the officers and men comprising the " City Fire Police " and " City Fire Company," unless the previous sanction of the Council shall have been oblained. BY-LAWS OF THE CITY OF MONTREAL. 291 FIRE ALARMS. Sec. 10. Alarms of firo shall be communicated to the Kir© Alarm Central office, and from said office to the several stations, by Electro-Magnetic Telegraph. Sec. 11. There shall be one Chief Operator and Super- Telegraph intendent, and not less than two Assistant Operators, who shall be charged with the working of the Fire Alarm establishment, under rules and regulations to be fixed and determined by the Fire Committee ; the said Chief Operator and Superin- tendent shall have charge of the repairs of the Police and Water Department branches ; the outlay for such repairs as well as the proportionate cost of working the said lines, to be chargeable to those respective Departments. Sec. 12. There shall be four Alarm Districts established. Alarm Dirtricts The First District shall comprise the signal stations num- bers 4, 5, 7, 9, 14, 15, 18, 17, 16, 12, 13, and the St. George's Church Bell. The Second District shall comprise the signal stations num- bers 3, 43, 41, 26, 27, 28, 23, 29, 19, 21, 24, 8, 6, and the Parish Church Bell, Place d'Armes. The Third District shall comprise the signal stations num- bers 45, 42, 46, 47, 48, 35, 32, 31, 34, 38, 36, 37, 39, and the Christ Church Cathedral Bell. The Fourth District shall comprise the signal stations num- bers 2, 54, 65, 63, 62, 61, 67, 59, 58, 56, 51, 49, 52, 53, and the St. James Church Bell. Provided the Fire Committee may, with the sanction of rroviso. the said Council, establish additional Signal Boxes and Alarm Districts wherever deemed necessary. Sec. 13. The Chief of Police shall be furnished with keys Poiiccmen to in- to open the Alarm Signal Boxes for the use of the officers siguai boxm and Constables of the force, for the purpose of communicating ^'^'' alarms of fire in accordance with such directions as shall be issued from time to time by the Superintendent of the Fire Alarm Telegraph ; and it shall.be their duty to communicate such alarms whenever they shall have reliable information that a fire has occurred or is in progress 292 BY-LAWS OP THE CITY OP MONTREAL. ConRtablcs to roportoasoof flro. Duty of Police Ofllcors in ca80 of lire. City Firo Police to bo sworn as Special Con- stables. Tlieir rank. Soc. 14. It shall be the duty of the Constables, upon their return to their stations, from their patrols or beats, to report any fire which may have occurred within their obser- vation, such report to include the name of the Constable who gave the alarm when such alarm shall have been given by a Police Constable, also the locality, time when discovered, and the interval of time which shall have elapsed between the alarm and arrival of the City Fire Police : it shall be the duty of the respective oflScers in charge of Police Stations to transmit weekly abstracts of the said reports to the Super- intendent aforesaid. Sec. 15. It shall be the duty of the Chief of Police and Officers in charge of stations to detail a number of the force to protect property and to maintain order at fires. Sec. 16. The City Fire Police shall be sworn as Special Constables, for the purpose of assisting in the maintenance of order in the City, at all times, and more particularly at fires. The Chief of the Fire Department shall have rank in the Police force as Sub-Chief, the Assistant Chief as Sergeant, and the men as Sub-Constables. Penalty for Ob- Scc. 17. Any person whq shall obstruct any Member of menatffres,&c. the City Fire Police or of the City Fire Company in the per- formance of his duty as fireman, or who shall maliciously cut or in any way injure or damage any portion of the hose, hose reels, fire engine, ladders or other fire apparatus, shall be liable to a Fine not exceeding Twenty Dollars, and to an Imprisonment not exceeding Thirty Days, for each offence. Sec. 18. No person shall open any of the Signal Boxes connected with the City Fire Alarm Telegraph, for the pur- pose of giving a false alarm, or shall in any way interfere with the said boxes by breaking, cutting, injuring, or defac- ing the same, or shall turn the cranks therein, except in case of fire, or shall tamper or meddle with the said boxes ; or shall cut or injure any pole or wire connected with the said Fire Alarm Telegraph tinder a Penalty not exceeding Twenty Dollars, and an Imprisonment not exceeding Thirty Days, for each offence. No person to interfere with Signal Boxes, &c. BY-LAWS OF THE CITY OP MONTREAL. 203 Article 9. PRECAUTIONAltY REGULATIONS. Sec. 19. No pei*8on or persons shall hereafter erect, use steam EnginoH. . Ml < Ml FuctorloH. or employ any steam-engine, soap and candle, or oil cake &c. factory, india rubber, or oil cloth factory, slaughter house, dyeing establishment, tannery, brcAvery, distillery, gas fac- tory, varnish factory, petroleum or coal oil refinery or ware- house, roofing composition factory, chemical works, alcohol rectifying establishments, or other factories or establishments wherein work, operations or processes, is or are carried on, liable or having a tendency to endanger property, or to affect or endanger the public health or Safety, within the limits of the said City, without having first applied for and obtained permission and authority from the Council of the said City so to do. Sec. 20. Whenever an application shall be jiresented to Report to b*- the said Council by any person or persons desirous of obtain- ni)i)iication. ing leave to erect, use or employ, within the limits of the said City, any steam-engine, soap and candle, or oil or oil cake factory, india rubber or oil cloth factory, slaughter house, dyeing establishment, butchery, tannery, brewery, distillery, gas factory, varnish factory, petroleum or coal oil refinery or warehouse, roofing composition factory, chemical works, alco- hol rectifying establishments, or other factories or establish- ments wherein work, operations or processes, is or are carried on, liable or having a tendency to endanger property or to affect or endanger the public health or safety, the Fire Com- mittee and the Inspector of Buildings, the Health or Police Committee, as the case may be, shall, within a reasonable delay, make before the Council their respective reports on the merits of the said application, and the said Council shall then determine whether it is expedient to prohibit or permit such erection, use or employment : Provided, however, that in granting any such application the said Council may impose such restrictions and conditions as may be deemed expedient, as regards the character of the building in which it is pro- 294 BY-LAWS OP THE CITY OF MONTREAL. posed to use or establish a steam-engine or any of the fac- tories hereinbefore specified, or the size and lieight of the chimney or chimneys in connection therewith. I'ubiic notice to Scc. 21. Any person or persons hereafter desiring to be given of ap- " ' . _ i ,. , plication. erect, use or employ any steam-engme, factory or estabhsh- ment of any of the kinds mentioned in the foregoing section, shall be bound to give at least ten days' public notice of his, her or their intention to apply to the said Council for leave so to do, in at least two of the newspapers published in this City in the English language, and in at least two of the newspapers published in this City in the French language, in which the notices of the Council usually appear, Avhich notice shall also be placarded on the front of the building or premises in which such engine or factory is to bo used or established as aforesaid ; and no application for leave to erect or use any steam-engine, factory or establishment of any of the kinds mentioned in the foregoing section, shall or may be received by the said Council, unless notice thereof shall have been given in the said newspapers, and placarded as aforesaid at least ten days before the time of making the said application, so that residents in the vicinity of the applicant, or the place where it is intended to erect, use or employ the said engine, factory or establishment, and others interested, may be afforded an opportunity to oppose the granting of the said application, and time, if necessary, to be heard upon their opposition. Sec. 22. Upon the receipt of any application for leave to erect, use or employ any steam-engine, factory or establish- ment of any of the kinds hereinbefore enumerated, the Inspector of Buildings shall proceed to inspect the premises wherein it is intended to erect, use or employ the said engine, factory or establishment, and shall certify in writing whether the said premises and the apparatus connected therewith, are in conformity with the law, and so made as not to endanger the surrounding property, or affect the public health or safety : a copy of which certificate shall be delivered to the applicant and another to the Fire Committee ; and for such inspection lYoinlseg to be inspected, &c. BY-LA Wd OF TUE CITY OF MONTREAL. 21>5 and certificate, the said Inspector is hereby anthorized to ask and demand from each applicant as aforesaid, for and on behalf of the Corporation of this City, the sum of Two Dollars. Sec. 23. No person shall have, keep, sell, or manufacture rctroi.-mn, in any place or building within the limits of the City of Mon- ""* " ' treal, any crude or refined petroleum, earth or rock oil, benzole, benzine, naphtha, kerosene, coal oil or burning fluid, in larger quantity than five barrels in the aggregate, except it be kept in close iron tanks, or in detached and properly ventilated stores or buildings specially adapted for that pur- pose, by having raised sills or other contrivances, so as effectually to prevent the overflow of such substances beyond the premises where the same arc kept or stored. Sec. 24. No person shall manufacture or store any of the storBge of do. articles mentioned in the next preceding section, in any wooden building, or any wooden building encased with brick, or any building covered with shingles or other wooden material, within the limits of the City, except when such articles shall be secured in suitable iron tanks. Sec. 25. No person shall manufacture or store any of the same, articles mentioned in the twenty- third section, in any larger quantity than is specified in the said section, in any building situate less than one hundred feet from any other building, and unless separated from said building by a brick or stone wall not less than ten feet in height. Sec. 26. It shall not be necessary that such building shall samo. be enclosed by a wall as provided in the preceding section in any case where it shall be not less than three hundred feet from any other building, and provided also that none of the articles enumerated in said twenty-thii*d section shall be stored or kept above the ground story of said building. Provided, also, that in no case shall buildings used for such storage be connected with any adjoining store or building by drains or sewers of any kind. Sec. 27. Every person desiring to manuf^oture, keep or Liconsofor store, any of the articles mentioned in section twenty-third of ^ "'^'*' 2l)« DY-LAWS OF THE CITY OF MONTREAL. Ti'rmofBAld Foe. rrviniiiL-8 to bo t'XHinincd. Steam engines, how heated. thin By-luw, in any (lunntity exceeding five barrels as herein- betbre specified, shall nmke written application therefor to the Fire Coniinittee, stating in said application, the place or build- ing iii which he desires to nianuJ'acturo, sell, or store, said articles, and the manner in which he proposes to keep them ; aikd it shall be the duty of the Inspector of Buildings, or in his absence, the Chief Engineer of the Fire Department, to examine the premises and report to the Firo Committee, whether in his opinion said premises are made conformable to the i)rovisions of this By-law ; and upon his report the said Fire Committee shall take action and grant or refuse license as to them may seem meet, subject, however, to the approval of the said Council. Sec. 28. All licenses granted under the provisions of the preceding section, shall continue and be in force from the tJiuo of granting the same until the first day of May next enfuin^. and shall be renewed every year on payment of the fee here- inafter provided for. Sec. 29. Every person at the time of receiving said license, shall pay the sum of Two Dollars to be accounted for to the City Treasurer. Sec. 30. It shall be the duty of the Inspector of Buildings, or in his absenci; ur inability, it shall be the duty of the Chief Engineer oi'tho Fire Department in addition to the duties already severally imposed upon them by law, to examine all premises where either of the said articles mentioned in section twenty-three are manufactured, kept, or stored, so as to insure a strict compliance with the foregoing provisions, and they or either of them shall immediately prosecute all offenders against any of the provisions of this By-law. Sec. 31. No steam-engine in this City shall hereafter be heated with wood, or with any other ':l<»st*r''MMOT) of fuel *'- n coal, from the first day of May to t\ :i • auj of November, inclusive, in each year, unless the funnel or chimney thereof be covered with a wire netting or cap, sufficient to prevent the escape or emission of sparks of fire therefrom. BY*T.A«rfl op TIIR CtTY OP MONTRRAL. 297 Hec. 82. Every kettlo, boiler, or copper, for the uho of HoIIom ft»r any tttllow-chatulliMv 8oai)-hoilcr, painter, chemist, drug^st, or other Huch Artitii i . witliin the said City, shall bo so fixed or erected in brick or Htouc hiid in mortiir, and groiUed with lijjuid mortar so as t<» ■>rovent aill (•"nmunication between the contents of such kettle, boilor. or cop|Mir and the fire ; and tlio tiro-placo under very audi k( ttle, boiler, or copper slmll bo so constructed and secured, by an iron door, as to enclose the firo therein. Sec. 83. No person shall hereafter build, construct or erect any IIot-Air Furnace, or cause the same h> be bui't, con- structed or erected, in any house or premises in Ihia City, except in the manner hereinafter provided. Sec. 84. The only manner in which it shall bo ponnittod for any person hereafter to build, construct, or erect, any IIot- Air Furnace in any house or [jreniises in this City, or to cause the same to bo built, constructed or erect -d tJKnein, shall bo as follows, \h. : First. — In all cases when the IIot-Air Chambi' in which the furnace is to be placed, shall bo made of brick, it must bo built on a stone foundation, and of at least eight-iu h brick work, well laid in mortar, and arched over the top wirli eight inch work, with a lining of tin inside the arch; in whi
  • ix inches beyond the top of the furnace on three sides, and one foot six inches on the front, above the furnace door. Third. — When portable furnaces are to bo used, they must be placed on a cast iron pan or stand, said pan or stand to be Hot-air I'lirimcns. Howcon- Htructfil. Ilrit-nir cimiubor. Same. I'ortabic lUriiacoB. NN 298 BY-LAWS OF TIIK CITY OF MONTREAL. Smoko-pipc. Warm-air tabes. Hot-air rogiHtcrs. placed upon a layer of bricks, tiles, or other non-combustible material (if on a wooden floor) ; the said pan or stand to project three inches beyond the hot air sheeting. And if the said funiace-stop be within two Fisot of the ceiling or beams, then the said ceiling or beams must bo protected in the same manner as in the brick furnace, as mentioned above. Fourth. — The smoke pipe mtwt bo made of, at least, No. 20 sheet Iron, and of a size i)roportionate to the furnace, and provided with a key or damper to check the draft ; the said pipe must be properly joined ; must be nine inches from any wood-work, and must be conducted into a proper cliimney. Fifth. — The warm air tubes from the top of the furnace under the first floor, must bo made of bright tin, aid must not pass nearer than four inchos to any wood-work, and be enclosed with solid brick work, or said hot air tubes shall consist of double tubes made of tin plate riveted together at the joints, the space between them to be filled up with plaster of Paris. Sixth. — All hot air registers hereafter placed in the floor of any dwelling, store, clnirch or other building, shall be set in soap stone borders of the following dimensions, to wit: Registers smaller than twelve inches long by nineteen inches wide, shall have a soap stone border not less than three inches in width and one and a (juarter inches in thickness. All registers twelve by nineteen and less than fifteen by twenty-five inches, shall have a border not less than five inches wide and one and a half inches in thickness ; and all registers fifteen by twenty-five inches or more shall have a border not less than six inches wide and two inches in thick- ness. All soap stone borders to bo firmly set in plaster of Paris or gauged mortar ; all register boxes to be double and to be made of tin plate with a flange on the top to fit the groove in the soap stone. There shall also be an open space of two inches on all sides of the register box extending from the under side of the ceiling l>el()W the register to the soap stone in the floor ; the outside of Raid space to be covered with a casing of tin plate made tight on all sides, to extend from BY-LAWS OP THE CITY OP MONTREAL. 299 the underside of the aforesaid ceiling up to and turn under the said soap stone. Registers twelve by nineteen inches, or less than fifteen by twenty-five inches, shall have a space of three inches between the register box and casing ; regis- ters of fifteen by twenty-five and more shall have a space of three and a half inches. All horizontal registers must have a diaphragm of wire cloth so placed as to prevent any com- bustible from entering the hot air tubes. All the openings through the base or skirting must have a stone frame or double tin filled with plaster of Paris one inch in thickness throuixh all the wood work into the brick or other conductor. Cold-air conductor. Seventh. — The cold air conductor must be of cast iron, strong sheet iron or brick, for, at least, three feet from the hot-air chamber ; the remainder of it may be of wood, pro- vided a wire screen be properly secured between the said iron or brick, and wood ; and no gas pipe must be allowed to pass nearer than one foot six inches from any smoke-pipe or hot-air conductor. Eighth. — No high pressure steam pipe shall be laid or stoam-pijtoH. placed in contact with any wood between floors and ceilings, or in plastered walls or partitions. When such steam pipes are used for heating, they shall be placed or inclosed in sand, brick, mortar, or other incombustible substance. Sec. 35. No person or persons shall use or put in opera- FumBcos \o !«. .. ill i. • .• It- iiisprcfed. uwder to bo [opt in stores — nmited. B Powder maga- zines—how con- structed. POWDER MAGAZINES. E it ordained and enacted by the Council of the City of Montreal, as follows : Sec. 1. No person shall store, keep or have within the said City of Montreal, nor within fivt miles from the boundaries thereof, any quantity of Gunpowder exceeding twenty-five pounds in weight, at any one time, in any one house, build- ing, or place other than a building of stone, covered with metal made fire-proof, surrounded by an external wall of stone or brick, caped with stone, at least ten feet high, and separated from, the said Magazine by a clear distance or space of ten feet at least, with one opening only in such wall, with copper fastenings. Sec. 2. No material shall be used in the construction of Powder Magazines other than stone, brick, copper, brass, wood, glass, tin, slate or zinc, and all such buildings shall be furnished with two lightning rods each, to be approved by the Inspector of Buildings of the said City ; two doors will be fixed, one on the outside of the wall of the said building, and another on the inside of said wall, with a distance of at BY-LAWS OP THE CITY OP MONTREAT.. arraiiguinonta. ;ance of at least two feet between the two, and shall be covered with brass, copper or zinc, with copper fasteninj^s : the door in the external Avail will also bo covered with brass, copper or zinc, and shall not be placed in the side of the wall facing the main entrance of the said building ; and the door in the external wall shall be so located as to face away from the public road. Sec. 3. The barrels or kegs of powder shall not be piled intonmi on the floor of the Magazine, but upon racks one foot clear above the floor, and to no greater height than six feet ; but one rack may be made so as to bo above the other between the floor and the ceiling ; the said floor shall be tongued and grooved, close-jointed and tight, and the passages shall be covered Avith hides ; the said floor shall be regularly swept so as to be always thoroughly clean. Sec. 4. StraAv, rags, grease, or any other substance liable to combustion Bhall not be allowed within any Magazine, or within the external wall of such Magazine. Sec. 5. No Powder Magazine, situated within three miles of the City limits, shall contain a larger quantity of Gun- powder than thirty tons ; if beyond three miles and within four miles, forty- five tons ; and if beyond four miles, sixty tons, at any one time. Sec. 6. No Powder Magazine shall be allowed to be erected or established within five miles of the limits of this City, unless the same be at least two miles apart or distant from any other Powder Magazine ; but each PoAvder Magazine may have in connection therewith an expense Magazine or exam- ining room, for the purpose of examining the barrels or pack- ages of Powder on arrival ; provided the said expense Magazine or examining room be at least four hundred yards distant from the principal Magazine, and subject to the same rules and restrictions, as to its erection and maintenance, as are prescribed in and by the present By-laAV for ordinary Powder Magazines. Sec. 7. The following shall be the tariflf of charges for the storage of Gunpowder in licensed Magazines, viz : Certain sub- stnnccH ))rnhib- itod in maga- zines. Quantity of powdor in inRKBziuos —limited. Slagazines to bo distantonofrom the other. Expense magazines. TariiTof charges foi storage or powder. 810 BY-LAWS OP THE CITY OP MONTREAL. Who Hhall iimpoct inagazincs. IiiHpector to report. For receiving and delivering each quarter cosk of '2'} 11)8, 6 cents. For the whole year's Htonigo of the same 20 " Fifty per cent, shall bo charged for Canister Powder, over the above rates. ■ Article 9. INSPECTION OF POWDER MAGAZINES. Sec. 8. The Inspector of Buildings of the Corporation shall inspect all buildings destined or intended to store, or actually storing Gunpowder, with a view of ascertaining whether the same is made fire-proof, and according to law and to these regulations. Sec. 9. Previous to the said Magazines being made use of, the Inspector of Buildings shall report to the Police Com- mittee Avhether the same are according to law, and to those present regulations, or not, as the case may be. Sec. 10. When any Magazine shall bo made use of for storing Gunpowder, the Chief, or either of the Sub-chiefs of Police, shall visit the same from time to time, and report at least once monthly to. the Police Committee, giving all particulars of each hispcction and supervision of the said Magazine. Sec. 11. The Inspector of Buildings, the Chief, and Sub- chiefs of Police, and the Chief Engineer of the Fire Depart- ment, or any one of them, may, at any reasonable hour, enter any building or premises within the City, or within five miles of the City limits, wherein lie, or they have reason to believe Gunpowder to be stored, for the purpose of exam- ining the said building or premises in search of Gunpowder stored therein. A book to Sec. 12. A Book shall be kept in every such building or magazines, &c. Magazine, showing all Powder entered and left daily in the said building or Magazine, and the balance on hand ; the said Book to be open at all times to the Chief and Sub-chiefs of Police. Who Blinll vifit ina^n'^iiios whoii ill uso. Inspector, &c., Buthorizod to enter premises. BY-LAWS OF Tllij; CITY OP MONTHKAL. 811 Article 3, LICENSES. 8oc. 1"». No Magazine sliall bo erected, 08ta])lishc }nnitn/h\<> to be iTct'li'il Willi- "lilt JCBVI' of (oinicil. Not loo fo 1)0 given. LIciMisc inny bu caucolleu. Anplicuiits to Hiibiiiit plan ul lot, &c. Council may grant liceugo. No person to store powder without liccnijC. Llconsps to bo accompanied by copy of By-law. 312 BY-LAWS OF TIIK CITV OP iMONTHKAL. Arlicle 4. CONVEYANCE 01' UUNl'OWDER. Modeofconvey- aiico dcliaed. Ibid. Powder on board of vessels &c.— limited. Description of vehicles for transport of powder. Sec. 19. No Giinpowdoi* wlmll l)o conveyed from the place of landing throuirh any stroot of the City except St. Mary Street as far as Papiuoau Sipiare, and up Papineau Road to the City limits, thonco to the Powder Magazines; and the vehicles carting the same shall bo kept at a distance of one hundred yards at least from each other, as well within the five miles beyond the City limits, as within the said City. Sec. 20. No Guni)owdor over Twenty-five Pounds weight shall be conveyed from the said Magazine and brought within the City limits for being shipped on any Vessel, Uailroad, or conveyance of any kind, unloss the kegs containing the same be packed in boxes or casks, without any combustible mate- rial being used in the packing of the said boxes or casks. Sec. 21. No larger tpiantity than Five Hundred Pounds of Gunpowder shall at any one time, within the City limits, or within the Harbour of the said City, be kept on board of any Vessel, Railroad, or other means of shipping or trans- porting from the City ; and no larger (quantity than Twenty- five Pounds thereof shall bo in or on the said Vessel, Railroad, or other means of shipping or transporting, unless the kegs containing the same bo packed in boxes or casks as herein- before provided. Sec. 22. No Gunpowder, except as hereinafter provided in and by the twenty-fourth section of this By-law, shall be carried or conveyed from any Powder Magazine into the said City, or through any street of the said City, or be delivered to any person or at any place within the said City, or on board of any Ship, Vessel, or Railroad ^9ithin the limits thereof, unless the said Powder bo carried or conveyed in vehicles which shall bo duly licensed and numbered in the manner hereinafter provided for, and which shall be of the following kind or description, to wit, closed and covered vehicles, the tops and sides of which shall bo securely covered BY-LAWS OP THE CITY OP MONTREAL. 313 with tarpaulin or oilcloths, and the body of such vehicles shall be fastened with no other kind of metal than copper, brass, or zinc ; the door of the said vehicles shall be closed at all times, excepting when Powder is put into or removed from the said vehicles ; and the word *' Powder," in both English and French languages, shall be painted in large letters on each side of the said vehicles. Sec. 23. No such vehicles shall be used to carry or con- Veiiicicstobe vey Gunpowder into or through any part of the said City, or within five miles from the boundaries thereof, or to deliver Powder in any part thereof, until authority shall have been obtained, for each and every year, to that effect, and until the said vehicles shall have been duly registered at the office of the Chief of Police, and a Certificate and a Number obtained from the said Chief of Police ; the said Number to be fastened to the said vehicle in a conspicuous place, as directed by the said Chief of Police ; and the sum of Five Feo. Dollars shall be paid for each registration, over and above the usual Tax imposed upon the horse and vehicle, as in the case of other Carters. Sec. 24. No person shall be allowed to drive any such Drivirs t.> vehicle within the limits of the City, or Avithin five miles from the boundaries thereof, without obtaining a Permit from the Chief of Police, and a Number, which shall be con- spicuously attached on the front of his hat or cap ; and a sum of One Dollar shall be paid by such person at the issuing of such Permit and Number. Sec. 25. Large boxes, casks or packages containing kegs Lar^o boxes of Gunpowder may be carted or conveyed on Carts, Trucks, ofpowdor how couvoyoil. or Waggons, such as are used for the ordinary purposes, provided there shall be no other article at the same time in the vehicle Avith the said packages of Powder, and provided also that the same shall be well secured and covered Avith a tarpaulin or oilcloth, sound and unbroken, Avith the Avord "Powder" written in large letters on the outside tiioreof, and each box, cask, or package shall, moreover, be marked PP 314 BY-LAWS OF THE CITY OP MONTREAL. rcrsons carting nowdor not al- lowed to smoke, &o. Horses, ; all articlea over oiio hundred and fifty pounds, and not cxcecdin<^ two hundred pounds, Five Cents. Fifthly, — For weighing all articles over two hundred pounds, and not exceeding three hundred pounds. Seven Cents. Sixthly, — For weighing all articles over three hundred pounds, and not exceeding four hundred pounds. Ten Cents. Seventhly, — For weighing all articles over four hundred pounds, there shall be charged, in addition to ten cents, for every additional one hundred pounds. Two Cents. Eighthly, — For the measuring of every half-pint, f»int, quart, gallon, or for the measuring of every bushel or minot of any article, Two Cents. Sec. 14. All the provisions of this By-law, relating to Clerks of Markets, shall equ.ally apply to their deputies or assistants, or other duly deputed and authorized persons acting for them, or in their lieu and stead, in the event of the sick- ness or absence of the said Clerks. Deputy Clerks ot 3farkot8. ShIo of butch- er's meat, pro- visions, &c., limited to markets. J'roviso. I'roviso. Article 3. GENERAL PROVISIONS. Sec. 15. No person shall sell or expose for sale, in or upon any street, square, lane, or in any store, shop, dwelling, or other place in this City, than one of the public Markets thereof, any kind of fresh provisions, butchers' meat, pork, turkeys, geese, ducks, poultry, fish, fruits, grain, produce, or effects usually brought to and sold on public Markets: Provided, that nothing herein contained shall prevent Shopkeepers, Grocers, or Traders retailing as heretofore, in their shops or stores, butter, eggs, hay, straw, salt pork, fruits or vegetables ; Provided, also, that Farmers or Gardeners may sell and deliver to their customers in any part of the City, potatoes, of their own production, in quan- tities of not less than a bag, or one minot and a half, upon their obtaining from the Chief of Police a license for each vehicle used for that purpose, for which they shall pay the sum of Twelve Dollars, and which license sliall be renewed every year. BY-LAWS OF TUB CITY OP MONTREAL. 898 Sec. 10. All persons who shall hring provisions, animals, ivrsniis h'Iiihk ' fp . ,1 "" ninrkt'fH foraj'c, {'ram, i)ro(luce, or any effects whatsoever, to sell on ximii follow the said Markets, shall place themselves thereon, accordnig ofcurks. to the directions of the said Clerks ; and, in case of dispute concernin;^ preference or choice of places, shall submit to, and obey the decisions of the said Clerks of Market ; and all persons buying or selling in the said Markets, or attending thereat, or transacting business thereon, or being in or upon any of the same, shall, in all things relating to the regulations, government, or arrangements of the said Markets, or to the peace, order and cleanliness to be preserved in and upon the same, attend and obey all orders and directions given by the said Clerks thereof respectively. Sec. 17. No person shall hereafter slaughter or bleed or no miimai^ to , . , 11 .1 f .1 n bo kniftlorl)l<'«l gut any animal, or pluck or remove the leathers trom any in umikot*. fowl or poultry of any description, or expose any meat in a , bleeding state, or the uncleansed entrails of any animal, m or upon any of the said public Markets ; nor shall any person Iring to, or offer for sale on any of the said public Markets, the flesh of any animal which shall have died of disease, or unwiioiost>iii<- which shall not have been in a sound state when killed, or any measly pork, or any blown or fraudulently dressed meat, or any bull-beef or boar-pork, or any tainted or unwholesome meat, poultry, game, or any veal or lamb, under three weeks old, or unsaleable from leanness, or any meat with the kid- neys raised, or that is stuffed, or in any other than an undis- guised and natural state or condition, under the pahi of forfeiture and confiscation thereof, besides the penalties of Penalty, fine and imprisonment, hereinafter imposed in and by this By-law, against all parties offending against any of the pro- visions thereof ; and further, it shall be the duty of the said Clerks of Markets to seize and confiscate every such article in the presence of one or two credible witnesses, who shall assist at the examination of the same, and whose names shall be preserved in writing by the said Clerks, as also the day, month and year of such confiscation ; the names of the per- sons owning the property, and the quantity and quality of the same. :?24 HY-LAW.S OF TIIK CITY OF MONTRKAL. 1^ ■: Al'liclCM ll(>ll- ciciit ill ui-lKlit, Ike., to lit> roll- IlKCIItCll, Artiiilcn inny bo rc-mcasiirpil or ro-wolKliod. rni'tloH to be providwl with Kcali's, &c. Special license rcMjuirocl to sell liariin'S)!, &c. Soc. 18. Any person who shall sell or offer for sale in any of the said Markets, any article whatsoever, which shall he deficient in the wei;i;ht or measure for which the same shall bo sold, or offered for sale, or which shall, with fraudulent intent, bo disguised, shall, for the first offence, suffer forfei turo of every such article, and fctr the second or any suh- 80(iuent oft'onco, shall, besides such forfeiture, incur and be liable to tho penalties of fine and imprisonment hereinafter imposed against all persons offending against any of the pro- visions of this liy-law ; and further, it shall be the duty of the said Clerks to seize and confiscate every such article in the manner hereinbefore prescribed. Sec. 19. It shall bo competent for any purchaser who shall suspect any fraudulent dealing, or deem himself, or herself, wronged, in the weight or measure of any article or articles, bought by him or her on any of the said Markets, to demand and have such article or articles re-measured or re-weighed at any of the Market woigh-houses, on condition, however, that the purchaser shall pay the charges of such re-measuring and re-wcig}iing, should the pretended weight or measure be found to be correct ; but, if otherwise, such cliarges shall bo paid by the vender, besides tho penalty hereinbefore imposed. Soc. 20. All pei-sons who shall sell or offer for sale, by retail, any goods or provisions whatsoever, by weight or mea- sure, in or on any of the said Markets, shall each be provided with a good beam, scales, weights, and measures of proper dimensions, and duly stamped according to law ; and no per- son having scales and weights for his own use, on any of the said Markets, uhall weigh any artieies Avhatsoever for other individuals. Sec. 21. No pei-son or persons shall hereafter sell, or expose for sale, on any of the said ]\Iarkets, unless s[)0cially licensed to do so, any harness or leather, or any boots or shoes, of any description whatsoever, made of the same ; nor shall any person hawk about small wares, fruits, vegetables, sweets, or biscuits, or any goods or wares whatsoever, on any of the said Markets. BY-LAWS OP THE CITY OP MONTRFAT,. n.v* 8cc. 22. No person hIuiII lu'rcaftt'i' oxposo or sell any article or aiiiiiml l>y auction, in or upon any of the Haiil Mar- kets, or on any of thy utreets adjoinin;^ or op|)08ito to, or in tiie immediate vicinity of, any of the said Markets : provided that nothin;^ herein shall he taken to extend to sales hy autho- rity of justice, or to sales made under the sanction of the Market (Jonunittee. Sec. 23. All vehicles containinf; charcoal, hoards, shinf^lcs, posts, ladders, water spouts- and other wooden ware, usually brought to this City for sale, shall he hereafter placed and arran<^ed on such part or parts of the St. Ann's and Cattle Market-places of this said City, as the Clerks thereof or their Deputies or Assistants shall determine, reiiuire or direct; and no owner or owners, driver or drivers, of any such vehicle as aforesaid, shall place or arran;^e any s\ich vehicle elsewhere, or refuse, or neglect to comply with the determination, refjuirement or direction of the said Clerks, Deputy Clerks or Assistants, in this respect, or place his or their said vehicle, or caiiso the same to ho jdaced elsewhere, or in any other manner than as directed by the Clerks of the said Markets. Sec. 24. No Farmer, vegetable vendor, or other person or persons, to whom no space or stand can be allotted on any of the said Markets, shall remain in, or encumber, with their vehicles or oP" ^ ls, any street or streets surrounding, or in the immediate vicinity of, any of the Markets. Sec. 2o. Jio person or persons shall play at any game, or lie down, or sleep, or behave in a disorderly, noisy, or riotous manner m, or within the limits of, any of the said Markets : nor shall any person or persons burn charcoal, or coal, or other substances in chafing dishes in any of the said Markets, without the special permission of the sai'1 ^larket Clerks re- spectively. See. 2(3. It shall not be lawful tor am person who follows the business of a huckster, forestaller or seller of any articles or provisions at second hand, to purchase or offer to purchase, either by himself or his agent, before the hour of eleven o'clock in the forenoon, any kind of provisions or provender A lift Ion *»\t* (III iiiuikt'lK liruliiliilctl. Vi'liicirs uitli rlmrnml, liounlH, ill'., whuru iiluvi'il. FnrnlCl•^^, fn\, not to t'liniiii- bcr xtrcct.i. Order t" bi- lirt'i^'rvcd (III iimrkL'ts, Hncksters and t'orcstallers. 326 BY-LAWS OP TIIJ!) OtTY OP MONTREAL. brought to the public Markets of tliia City, or offered for sale thereon ; and the jiOHSOHsion of any such provision or provender by such huckster, forostallcr or other seller thereof, which may have previojisly been in the possession of any farmer or other person within the limits of the City, before the hour aforesaid, shall bo deemed prima facie evidence of a violation of this section. Oidors of clerks of markets to bo obeyed. Hiiteber's stalls to bo lot iuiiiu- iil'v. «! .1 Sec. 27. vVll persons transacting business on any of the public Markets, or attending or being on the same, shall, in all matters aflfecting the pence, order, regularity, government and regulations of the snid Markets, obey all reasonable orders and directions of the said Clerks thereof or their Deputies or Assistants ; and no person or persons shall behave in a noisy, indecent, riotous or disorderly manner on the said Markets, Article 4. BUTCHERS. Sec. 28. The Butchors' Stalls in the several Markets of this City shall be let annually in the month of April, by public auction ; and written Leases of the same shall be immediately thereafter executed, in which Leases it shall be stipulated, among other things, that the term of the said Lease shall conunonce on the fii'st day of May, then next ; that the Rent shall bo paid daily on demand ; that the Lessees shall in no instance, directly or indirectly, sub-let the said Stalls, or any part thereof, or otherwise dispose of any interest they may have in the same ; that they shall not permit the said Stalls, or any part thereof, to be occupied by any person or persons whomsoever, other than themselves, without the special consent, of the Market Committee ; that they shall observe and comply with all the Rules, Regulations and By-laws now legally established, and that may hereafter be so, for tho government of the public Markets in this City ; and that their neglect, omission, disregard, or violation of any of the said stipulations shall have the effect of imme- diately ainiulling tho said Leases, and forfeiting their pos- session of the said Stalls. BY-LAWS OF THE CITY OP MONTREAL. 327 ercd for t^ision or • tliereof, 1 of any Y, before idcnce of ly of the , shall, in v'emment sasonable or their ons shall r manner arkets of April, by ^ shall be it shall be f the said hen next ; that the ly, sub-let dispose of f shall not jcupied by lemselves, ittee ; that Legulations jr hereafter this City ; delation of t of immo- their pos- Soc. 29. No person or persons shall hereafter cut, retail sni.'oiim'iii • 1 -n I* -KT IT IT iciiTki limited to 1ml- or weigh meat, Iseer, Mutton, Veal, Lamb, fealt rork or ihois- mihiis. Beef, or expose the same for sale at any other than a But- cher's Stall, or at that of a Vender of Salt Provisions, in or upon any of the said Markets : Provided that nothing herein Proviso, contained shall be held to prohibit Farmers from bringing to Market and selUng there, in the carcass, or in quax'ters only, meat of any kind, and likewise venison. Sec. 30. No Butcher shall hereafter permit any person r.nteiioi-a not to or persons, other than those in his employ,. to sell or expose to stiiOn tiuir 1 "11 1 • CI 11 ciL ^^ • sitlllls, timl to tor sale any article whatsoever on his Stall or Stalls in any toil imiu only. of the said Markets ; and no Butcher shall hereafter sell or expose for sale, any other article than meat on his Stall or Stalls, in any of the said Markets. Sec. 31. No Butcher or other person, whomsoever, shall Not to »oii out • 1 11 o 1 iiT- 1 f "* windows. sell, or permit others to sell, out oi the Window ot any Stall in any of the said Markets, or otherwise than in front of said Stalls. Sec. 32. No Butcher, or other person, dealing in or iuitciH>r.s not selling Beef, Mutton, Veal, or Venison at any Stall in any of the said Markets, shall keep or sell Pork (either fresh or salted) in or at the said Stall ; neither shall any Pork rork venders Butcher, or other person, dealing in or selling Pork at any Stall in any of the said Markets, keep or sell any other kind of fresh meat thereat. Sec. 33. Each and every Butcher, or other occupier of a stniistohc Stall or Stalls in any of the said Markets, shall keep the ''' same, at all times, clean and in perfect order, and shall scrape and wash the chopping boards, blocks and benches thereof, as often as necessa,ry, in order that no blood or filth whatever may remain thereon ; and whenever any Stall or Stalls, in any of the said Markets, shall be left or kei)t in an unclean or improper state, or with the Windows, Doors or any other part thereof disfigured, injured, or broken, it shall be the duty of the said Clerks of Markets, to cause the Lessee or Lessees of said Stall or Stalls to be proceeded against for the fine and penalty hereinafter imposed against 328 BY-LAWS OF TJ[l-: CITY OF MONTREAL. ISutchcrs not tu oiicuiuber pniisages. all offenders against any of the provisions of this By-law, and, further, to cause the said Stall or Stalls to be cleansed and put in perfect order and repair, at the expense of the Les- sees thereof respectively. Sec. 34. No Butcher or other person shall hereafter obstruct or encumber the passage between the Butchers' Stalls, in any of the said Markets, by leaving opposite to his Stall any heads or hides of any animal, or tubs of salted provisions or other meat, or anything else whatsoever ; nor shall any Butcher hang or affix meat to his Stall, in any of the said Markets, so that the same shall project over the said passage ; neither shall any Butcher hang or suspend meat over the said passage, in any of the said Markets. Hand-carts, Soc. 35. No Butclicr or other person shall hereafter drag &c., on markets * . . ° prohibited. or push away any hand-cart, sled, or traineau, durmg Market hours, on any of the passages or foot-paths of any of the said Markets. No putrid meat Scc. 36. No Butchor or occupier of a Stall or Stand, in to be left on '■ stalls. any of the said Markets, shall keep or leave on the same any putrid or unwholesome meat, fish, or other putrid mat- ter, or any matter or thing whatever diffusing an offensive odour. Dogs on mar- kets prohibited. Sec. 37. No Butcher or other person selling in any of the buildings of the public Markets, shall bring any dog, or bitch the. -n, or permit the entry thereof into any Stall or place occupied by him, or harbour or shelter any such therein. Sec. 38. No Butcher or other person shall bring any tallow or green hide or hides to any of the said Markets, or shall sell or dispose of the same therein. Sec. 39. The following shall hereafter be the rent or Karket^.'*"''^ daily payment to be demanded and received by the several Clerks of Markets, for the occupation of unrented Stalls or Stands therein, to be daily collected by the said Clerks imme- diately on such Stalls or Stands being occupied, and to be accounted for in such a manner, and at such times as the Tallow or greon hides. Feed to bo col- BY-LAWS OF THE CITY OF MONTREAL. ill) Market Committee shall direct ; provided that the said Com- mittee may, at all times, lease the said Stalls or Stands by the month or by the year, if deemed advisable so to do. Firstly, — For a Stand under cover, occupying a space of Three Feet, for the sale of fresh butter, eggs, poultry, &c., the produce of the farms of the Venders, Five Cents per day. Secondly, — For a Stand under cover, of Five Feet in breadth, for the sale of fresli or salt pork, beef, or mutton in the carcass or quarter, or any other article usually ex- posed for sale on the said Market, Twenty-five Cents per day. Thirdly, — For a Stand for each vegetable or fruit cart, or corresponding winter vehicle. Twelve and a half Cents per day. Fourthly, — For a Stand for each Farmer's cart, or cor- responding winter vehicle. Five Cents per day: provided that vegetables or the produce of a garden be not brought , rein, in which case Twelve and a half Cents per day !; il be charged therefor, as for a fruit or vegetable cart or vehicle. Fifthly, — For a Stand of Five Feet in breadth, for the sale of eggs and poultry, not the produce of the Vender's farm, Twenty-five Cents per day. Sixthly, — For a Stand of Five Feet in breadth, for a Fruiterer, Twenty-five Cents per day. Seventhly, — For a Stand of Five Feet in front, for the sale of cooked victuals. Ten Cents per day. Eighthly, — For a Stand of Three Feet in front, for the sale of wild fruits. Five Cents per day. Ninthly, — For a Stand of Three Feet in front, for the sale of any article not hereinbefore enumerated. Five Cents per day. Tenthly, — For a Stand for each Farmer's cart, or corres- ponding winter vehicle, bringing beef, mutton, veal, pork, or venison, in quarters, to Market, Twenty-five Cents per day: provided that if the said beef, mutton, veal, pork, or venison, be in the carcass, the Farmer shall only pay therefor, at the rate of Five Cents per carcass. RR ! ; ! I i!| mo BY-LAWS OF THE CITY OF MONTREAL. Itout of stalls payable on (lomand. stalls to 1 V iiumborod. Stalls to revert to tho city in certain cases. I'rivatc stalls to 1)0 licensed. No person to t)pcn private stall without leave. Diitv on private :>! nil's. Sec. 40. All Butchers or other persons liable to pay rent, rates or dues on the said Markets, or by reason of their having Stands or places thereon, or of occupying any part thereof, shall hereafter promptly do so, whensoever thereunto required by the Clerks of the sr.id Markets severally, their Assistants or other persons authorized to demand and collect the same. All the Stalls and Stands in the said Markets shall be numbered in the manner to be determined on by the Market Committee. Sec. 41. When the Lessee of any Stall, or occupant of any Stand or Cellar in any of the said Markets, shall, from any cause whatever, vacate the same, or shall receive notice from the Market Committee . to vacate the same, or shall neglect or refuse to pay his rent for the space of forty-eight hours, or shall neglect or refuse to comply with any regula- tions established for the good order and cleanliness of the said Markets, the Stall, Stand, or Cellar of such Lessee or occupant shall thereupon revert to the City, and be at the disposal of the Market Committee. Sec. 42. The said Council may issue special licenses to Butchers or other persons who may desire to open or keep private Stalls at their store, shop or residence in the said City, for the sale therein of fresh beef or pork, fresh veal, mutton, lamb, venison, or other provisions usually sold in the Market Stalls ; the said licenses subject, however, to the provisions and stipulations contained in the following sections : Sec. 43. No Butcher or other person shall open or keep a private Stall in the said City, or a Stall elsewhere than in one of the public Markets of the said City, for the sale therein of fresh beef or pork, fresh veal, mutton, lamb, or other provisions usually aold by Butchers in the Markets, without having first applied for and obtained permission and authority from the said Council so to do, and without having paid the duty im- posed in and by the following section. Sec. 44. An annual duty of Five Hundred Dollars shall be and the same is hereby imposed upon each and every person. 'il'::: BY-LAWS OF THE CITY OF MONTREAL, m »ay rent, of their my part hereunto lly, their id collect Markets id on by upant of mil, from ve notice or shall »rty-eight y regular ss of the Lessee or be at the icenses to n or keep said City, 1, mutton, le Market i^isions and 1 or keep a than in one } therein of • pi'ovisions laving first y from the B duty im- ars shall be ery person, or firm of persons keeping a private Stall in the said City for the sale therein of fresh beef or pork, fresh veal, mutton, lamb, venison or other provisions usually sold by Butchers in the Markets, which said duty shall be due and payable to the City Treasurer so soon as such person, or firm of persons, shall be prepared to open the said Stall, and before having any sale therein ; and the year for which said duty shall be paid and received, shall be computed and reckoned from said date of the parties being so prepared to open said Stalls and to begin business as aforesaid. Sec. 45. Any and every Butcher, or other person, keep- NoKicot or roiu- ing a private Stall as aforesaid, or a Stall in the said duty? ^*^ City elsewhere than on one of the said public Market places, or selling fresh beef or pork, veal, mutton, lamb, venison or other provisions as aforesaid, or oft'ering or exposing the same for sale, in or at his, her, or their store, shop, resi- dence, or elsewhere in the said City, than on one of the said public Markets, who shall neglect or refuse to pay the said duty of five hundred dollars, and who shall continue to keep a private Stall as aforesaid, or to sell, or offer, or expose for sale as aforesaid, after the said duty has been asked for or demanded of him, her or them, or after due notice to pay the same shall have been left or served at his, her, or their domicile or place of business, shall be liable to a Fine not exceeding Twenty Dol- lars, and to an Imprisonment not exceeding Thirty Days, for each and every day, (if sued for separately) that he, she, or they shall so continue to keep such private Stall, or to sell or expose or offer for sale as aforesaid. Sec. 46. No Butcher or other person or persons whomso- Huicstobo ever, keeping a private Stall as aforesaid, or a Stall elsewhere homers of ^ than on one of the said public Market places, or selling fresh beef or pork, veal, mutton, lamb, venison or poultry, or offer- ing or exposing the same for sale, in, or at hi?;, her, or their store, shop, residence, or elsewhere in the said City, than on one of the said public Markets, shall keep or allow the said Stall or other place to be in an unclean or filthy state ; neither shall any such Butcher or other person aforesaid, have, or expose, or offer, for sale, at the said Stall or place of sale, privHto Htalls 832 BY-LAWS OF THE CITY OF MONTREAL. Police utflcers may visit private stalls iiiid onforco iVKiilations. It- 1^ 11 or sell thereat, any meat in a bleeding state, or the uncleaned entrails of any animal, or the flesh of any animal which shall have died of disease, or which shall not have been in a sound state when killed, or any measly pork, or any blown or frau- dulently dressed meat, or any bull-beef, or boar-pork, or any tainted or unwholesome meat, poultry, or game, or any veal or lamb under three weeks old, or unsaleable from leanness, or any meat with the kidneys raised, or that is stuffed, or in any other than an undisguised, wholesome and proper state or con- dition, or any meat, or other article, which shall be deficient hi the weight for which the same is sold, under the pain of for- feiture and confiscation thereof, and moreover, under a Fine or Penalty not exceeding Twenty Dollars, and an ImT>rison- ment not exceeding Thirty Days, for each and every offence. Sec. 47. It shall be the duty of the Police Officers or Constables, from time to time, and as often as they may deem it necessary, to visit and inspect the said private Stalls, stores, shops, houses or other places, where beef, pork, veal, mutton, lamb, venison, or poultry now is, or hereafter may be sold in this City, elsewhere than on the Public Markets, and to examine the meat and other articles there sold, or exposed or offered for sale, and to seize and confiscate all such meat and other articles as may be liable to confiscation under the pre- ceding section of this By-law, in the presence of one or tAvo creditable witnesses, who shall assist at the examination thereof, and whose names shall be preserved in writing by the said Police Officers or Constables, as also the day, month and year of such confiscation, the names of the persons own- ing the propertj', and the quantity and quality of the same : and for such purpose, the said Police Officers or Constables are and each of them is hereby authorized to enter and inspect all private Stalls, and all houses, shops and other places in this city, (not in the Markets thereof) where beef, pork, veal, mutton, lamb, venison, or poultry are or may be sold, whensoever and as often as may be necessary ; and any and every person refusing admission to, or opposing or pre- venting the entry of any of the said Police Officers or Con- stables into any such private stall, house, shop or other place. BY-LAWS OF THE CITY OF MONTREAL. sm where beef, pork, veal, mutton, lamb, venison, or poultry is, or may be sold, in this city, or opposing or preventing the inspection or confiscation thereof, by any of the said Police Officers or Constables, in the' manner hereinbefore directed, shall be liable to a Fine or Penalty not exceeding Twenty Dollars, and an Imprisonment not exceeding Thirty Days, for each offence. Article 5. WEIGHTS AND MEASURES. Sec. 48. The hundred weight for weighing all articles on Tho hundrcii the said Markets, intended to be sold by the hundred weight, ""^ ^ or ton weight, shall consist of one hundred pounds avoir- dupois, and the ton weight used for the said purposes shall consist of twenty hundred weights, or of two thousand pounds avoirdupois ; and the said hundred weight or ton weight as herein above established, with their parts, multiples and pro- portions, shall be the s*^"ndard weights for the weighing of all such articles as afori^- A. Sec. 49. The following shall be the standard woights stiuuiard which in all cases shall be held to be equal to the Winchester ^^"^'^ *''" Bushel of the Grain, Pulse or Seeds opposite to which they are set : Wheat Sixty Pounds. Indian Corn Fifty-six Pounds. Rye Fifty-six Pounds. Peas Sixty Pounds. Barley Forty-eight Pounds. Oats Thirty-four Pounds. Beans Sixty Pounds. Clover Seed Sixty Pounds. Timothy Seed Forty-eight Pounds. Buckwheat Forty-eight Pounds. Potatoes, turnips, carrots, parsnips, beets and onions Sixty Pounds. 83-4 BY-LAWS OF THE CITY OF MONTREAL. DUHllfll. Minot. Bags, turoens. &e. Suspended beams, &c. Flax Seed Fifty Pounds. Hemp Seed . , Forty-four Pounds. Blue Grass Seed Fourteen Pounds. Castor Beans Forty Pounds. Salt Fifty-six Pounds. Dried Apples Twenty-two Pounds. Dried Peaches Thirty-three Pounds. Malt Thirty-six Pounds. Sec. 50. Upon any sale and delivery of any description of grain or other articles mentioned in the preceding section, and in every contract for the sale or delivery of any such grain or other articles, the Bushel shall be taken and intended to mean the weight of a Bushel, as above regulated, and not a Bushel in measure or according to any greater or less weight, unless the contrary appears to have been agreed upon by the parties ; and the Minot shall be taken and intended to mean the weight of a Bushel, as above regulated, and not a Minot or Bushel in measure. Sec. 51. Each bag of potatoes shall contain one minot and a half, heaped measure ; the measure called a tureen, com- monly used in the retailing of potatoes, peas, and beans in pod, and other such articles, is hereby required to be of the capacity of half a gallon, liquid measure, of the conical form heretofore used ; and no person shall sell potatoes in any of the said Markets, or elsewhere, in bags of less quantities, nor shall any person use or employ therein, measures of other or lesser dimensions, than those herein specified, which measures shall, in all cases, be stamped according to law. Sec. 52. No Butcher, or other person using suspended beams and scales in any of the said Markets, shall allow any weight or weights, or other thing to remain in the said scales, after he or she, in any instance, shall have finished the weigh- ing of meat or other articles therein, that he or she may deal in ; and all beams and scales used by butcViers or other per- sons in the said Markets shall be so placed as to leave, when standing at even beams, a distance of at least three inches between the bottom of each scale and the top of the counter or table over which they are suspended. BY-LAWS OP TUB CITY OF MONTREAL. 335 Sec. 53. No person or persona who shall sell grain, meal, (imin mnv l.- , .11 1 .1 Wl'iRlltuI l)V Hour, or any other article whatsoever, by weight or measure, cicrk of on any of the said Markets, shall refuse to have such weighed or measured by the Clerk of the Market on which the article may be, if the purchaser so desire. Article 6. FISH MARKET,^. Sec. 54. The Market Committee, on or before the first riacps wiioro day of May in each and every year, shall allot and designate »oia. a place in each of the said Markets which shall be kept and \ised exclusively for the vending of fresh fish ; and no person or persons shall sell, or offer for sale, any fresh fish elsewhere iu the said City, than in the places so allotted and designated in each Market as aforesaid. Sec. 55. The said Fish Markets shall be under the charge, nuiis to be control and superintendence of the said Clerks of Markets iisii mnrkets. respectively, and shall be kept open during the same hours as the said Markets are hereinbefore directed to be kept open, provided that they shall not be required to be open during any evening ; and the said Clerks shall cause the said Fish Markets to be well swept and washed every market-day after- noon ; and the said Clerks are hereby authorized to allot stands to persons bringing or exposing fish to sale in the said Markets ; and all persons shall obey the orders of the said Clerks in this respect, and in all others, relating to the peace, order, regulations, or arrangements to be observed and main- tained in, upon, and in relation to the said Fish Markets. Sec. 56. The Market Committee shall affix such prices rricooffish for stan gutted nil inflrkot. Kixli stands tu !)(' cU'iinud, Article 7. HAY-MAKKETS. Hnytobotakcti to iViurkct. llav to bo woiKhod. Weight of hay, &c. Sec. GO. No person shall hereafter sell any Hay or Straw, or expose the same for sale anywhere in this City except upon the Hay Markets thereof. Sec. 61. Every person who shall bring Hay or Straw to any of the said Markets shall be and they are hereby required, to cause immediately thereafter, such Hay or Straw to be weighed by the Clerk of such Market, or his Deputy, and to state, at the same time to such Clerk or Deputy, their own names and those of the proprietors of such Hay or Straw, if they are not themselves the proprietors thereof. Sec. 62. All Hay or Straw which shall be sold or delivered within the said City, shall be considered as sold by Aveight, and when such Hay or Straw shall be sold by the ton, there shall be delivered for each ton, two thousand pounds avoirdupois, and so in proportion for any part of a ton, and when sold by bundles each bundle of Hay if tied or bound with hay-withes shall weigh fifteen pounds, but if tied or bound with switches shall weigh sixteen pounds, and each bundle of Straw shall weigh twelve pounds, avoirdupois, and each load of Hay or Straw, which shall be weighed in bulk, shall be calculated at the rates hereintofore specified, and paid for proportionally ; provided that the said Clerks of the several Hay Markets in weighing any load of hay or straw, shall make due allowance IIY-LAWS OP TUB OITY OP MOXTUEAL. 887 Volilclos fo bv Htampod, for any extra weight caused by rain or mud in summer, or by snow or ice in winter. Sec. 63. The proprietor or owner of each vehicle wliat- soever, in which Hay or Straw shall bo sold on any of the said Markets, shall cause every such vehicle to be weiglied and stamped by the Clerk of Ilay Market No. 1 on Victoria Square, in the manner hereinafter provided, namely, — the weight of each cart or other vehicle of that description, shall be legibly stamped on the outside of the sijuaro of the after part of the shaft, on each side of the said cart or vehicle, and also on the naves of the wheels thereof; and the Aveight of each sleigh, or other winter vehicle of that description shall 1)6 legibly stamped on the fore or curved part of the runners thereof, on the shafts, and on the frame {brancard) and on the top-pole {pcrche) ; and when any unstamped or unweigh- cd vehicle shall be brought to the said Market, the owner thereof, or the person in charge of it, shall deposit with the said Clerk the amount of the charge for the weighing and stamping of such vehicle, with a view that */ho said owner or person shall return with the said vehicle when unloaded, and have the same duly weighed and stamped ; and no person or persons shall take, or cause to be taken, any vehicle what- soever, loaded with Hay or Straw, to the said Market, oftener than once, without having the same duly weighed and stamp- ed, and the said Clerk is hereby enjoined to preserve in writ- ing, a memorandum of the narae? of the owner or owners, person or persons, having charge of all unweighed and un- stamped vehicles, and make such mark upon such vehicles, when brought for the first time to the said Market, as to ren- der them afterwards easily recognized. Sec. 64. The said Clerk shall be entitled to demand and fco for receive, for and on behalf of the Corporation, for the stamp- ^ "'"*""'*■ ing of each and every vehicle in manner aforesaid, the sum of Twenty Cents. Sec. 65. The said Clerks of the several Hay Markets certmoatoot shall deliver to every person having a load of Hay or Straw weighed in any of the said Markets, a Certificate of the ss 888 BY-LAWS OF THE CITY OF MONTREAL. CharKCR for wulghing weight of the snmo, signed by them rcspoctivoly, in the fol- lowing terras, viz : Hay Market (Nos. 1, 2, 3, 4 or 5, as the case may bo,) Montreal, 18 Load of Hay or Straw (as the case may be.) Gross weight lbs. Weight of the vehicle lbs. Tare lbs. Net weight lbs. Equal to bundles of 15 lbs., or IG, or 12 lbs. (as the case may be.) Clerk of Market. Sec. 66. The said Clerk shall bo entitled to demand and receive, for and on behalf of the Corporation, for the weigh- ing of each and every load of Hay or Straw, and granting a certificate of the Weights of the same, the followuig charges, namely : \ Firstly, — For the weighing of every load of Hay or Straw, not exceeding Six Hundred Pounds, Seven and a half Cents. Secondly, — For the weighing of every load of Hay or Straw over Six Hundred Pounds, and not exceeding Nine Hundred Pounds, Ten Cents. Thirdly, — For the weighing of every load of Hay or Straw over Nine Hundred Pounds, and not exceeding Twelve Hundred Pounds, Twelve and a half cents. Fourthly, — For the weighing of every load of Hay or Straw exceeding Twelve Hundred Pounds, and not exceed- ing Sixteen Hundred Pounds, Seventeen and a half Cents. Fifthly, — For the weighing of every load of Hay or Straw over Sixteen Hundred Pounds, Twenty Cents. Sec. 67. All persons are hereby prohibited to practice any fraud or deception, either directly or indirectly, in the Weighing or Weight of Hay or Straw, or to pass or sell Injured or Damaged Hay or Straw as good or merchantable ; and the said Clerks of Hay Markets are hereby empowered to Re-weigh any Hay or Straw, or the vehicle containing it, in respect to the weight of which they may have reason to suspect that fraud has been practised. Damaged hay. BY-LA Wfl OP THE CITY OP MONTRKAL. 889 Soc. 08. No person or persons shall sell TTay or Straw within the City, uiiIohs the same has been wei^^hcd at one of the Markets thereof, and unless the person or persons selling the same ho provided with a certificate of the weij^ht of such Hay or Straw obtained from and signed by the Clerk of the Market on which tiie same shall have been wei^^hod. Sec. 69. While any vehicle or vehicles loaded with Hay or Straw shall remain on any of the said Markets, no person or persons whomsoever shall rake or collect together any Hay or Straw lying thereon ; nor shall any person or per- sons carry, or attempt to carry, any of the same away. Sec. 70. All persons bringing or offerir-^ Hay or Straw for sale on any of the said Markets shall occupy such stand, and place themselves thereon, in such a manner as directed by the said Clerks ; and shall in all other res^-octs rehtmg to the Peace, Order, Management, Regulations and Busmess of the said Markets, obey all orders, directions, and requin;- ments, that may be given or made, on the said Ma^Vets, by the Clerks thereof, or their Deputies or Assistants. Sec. 71. No Certificate of Weight shall be valid for any longer period than the day on which it bears date ; but Hay or Straw brought to the City in any duly stamped vehicle, when weighed at any of the said Markets, may be sold on any other of the said Markets with the Certificate obtained on the Market where weighed, provided that no fraud, deception, misrepresentation or guile, is attempted, intended or practised in so doing, — and provided, also, that until the vehicle on which Hay or Straw is brought for sale to this City shall have been weighed nriJ stamped, such Hay or Straw must in all cases be first taken in such vehicle to the Hay Market on Victoria Square, that it may be there weighed by the Clerk thereof, and the said vehicle marked or stamped in the msinner hereinbefore provided. Sec. 72. It shall be the duty of the Clerks of the said Hay Markets to remain at the Weigh-houses thereon, every day, Sundays and Holidays excepted, during Market hours. No nonnii to M'll liny unU'KH OntliorliiK Imy on market nru- htbitoU. Vohlclos to bo roiigodbydlroc- tion of clerk. Portiflcato valid for Olio day. Proviso. Duties of clfrks. 340 BY-LAWS OP THE CITY OP MONTREAL. Article 8. All livo stock for sale to be brought to market. Mnrkot-hours. ('Icrks to pre- serve order, &c. ('harges. Cruelty to ani- mals forbidden. OATTLK M/.llKET. Sec. 73. All Live Stock, Horses, Cattle, Sheep, Calves, Pigs, or other animals brought to this City for sale, shall be taken or conveyed to the Cattle Markets hereinbefore estab- lished and designated, and there exposed for sale ; and any person selling or purchasing any such animal brought to this City for sale as aforesaid, elsewhere in the said City than on the said Cattle Markets, shall forfeit the fine and penalty hereinafter provided. Sec. 74. The Clerks of the Cattle Markets shall be con- stantly in attendance thereon during Market hours every day, Sundays and Holidays excepted. Sec. 75. It shall bo the duty of the said Clerks to preserve order therein, and enforce the Regulations concerning the same, and to make such classifications and arrangement of all animals brought to the same for sale, as the Market Com- mittee shall from time to time direct. Sec. 76. The following shall be the charges which the said Clerks are hereby empowered to demand and exact, for and on behalf of the Corporation, from all persons bringing Live Stock to the said Markets for sale, viz. : Firstly, — For each and every Horned Cattle, Seven and a half Cents. Secondly, — For each and every flog or Calf, Five Cents. Thirdly, — For each and every Horse, Fifteen Cents. Fourthly, — For each and '»"ery Sheep, Lamb, or Goat, Two and a half Cents. An extra charge, equal to two-thirds of the above rates, shall be paid for each animal, when introduced into the Cattle Market, and allowed to remain therein at night. Sec. 77. No person or persons selling or exposing to sale on the said Markets, any Ijivo Stock whatsoever, shall in any way ill-treat, or bo guilty of cruelty towards the same, either by beating them unnecessarily, or keeping them lying on the ground with their feet tied. ,^^~,^...„.^.^ BY-LAWS OF THE CITY OF MONTREAL. 341 , Calves, shall be re estab- and any it to this than on penalty Article 9. PENALTY. Sec. 78. Any and all persons offending against any of roimHy. the provisions of this By-law, shall forfeit and pay a Fine or Penalty not exceeding Twenty Dollars, and be liable to an Imprisonment not exceeding Thirty Days for each and every offence. [ be con- rs every preserve ■ning the ent of all ket Com- rhich the exact, for bringing fen and a .ve Cents, ents. or Goat, ove rates, into the ight. ing to sale lali in any ime, either ing on the CHAPTER XX. By-Law in relation to Masters and Appren- tices. B E it ordained and enacted by the Council of the City of Montreal, as follows : Sec. ] . All Apprentices and Servants, of either sex, or Appit>i)iio«'s Journeymen, bound by act of Indenture or written contract conduct, ac'I, , , „ . I? 'i.! T liable to pomiltv or agreement, and all servants ot either sex, or Journeymen, verbally engaged before one or more witnesses for one month, or for any longer or shorter period, who shall be guilty of ill behaviour, refractory conduct, idleness, or of deserting from their service or duties, or of absenting themselves by day or night, without leave, from their said services, or from the house or residence of their employers, or Avho shall refuse or neglect to perform their just duties, or to obey the lawful commands which shall be given them by their masters or mistresses, or who shall be guilty of any fault or misdemeanour in the service of their said masters or mistresses, or of any ^ unlaAvful act that may affect the interest or disturb the domestic arrangements of their said masters or mistresses, or who shall be guilty of dissipating their masters' or mistresses' property or effects, shall be liable, upon conviction before the Recorder's Court, to a Penalty not exceeding Twenty Dollars, and to an Imprisonment not exceeding Thirty Days, for each and every offence. 342 BY-LAWS OP THE CITY OF MONTREAL. Servants to ffivo Sec. 2. Every Domestic, Servant, Journeyman, or Labourer, tiontoquit. engaged for a fixed period, by the month or for a longer space of time, and not by the piece or job, who shall intend to quit the service in which he or she shall be during that time engaged, shall give, or cause to be given, notice of such intention at least fifteen days before the expiration of such agreement, to his or her master or masters, mistress or mis- tresses, employer or employers. And if any of the said per- sons quit the service of his or her said master or masters, mistress or mistresses, employer or employers, without giving such notice, (although the time thereof be expired,) he or she shall be considered as ha^i^g deserted from the said service, Masters also to and be punishod accordingly ; and every master, mistress, or employer shall give to his or her Servants, Journeymen or Labourers like notice of his or her intention no longer to keep or employ them, after the expiration of their time of service. Provided always, that every Domestic Servant, Journeyman and Labourer engaged for a time, may be discharged by his or her master, mistress or employer at or before the expira- tion of his or her engagement, without notice, upon full pay- ment of the wages which he or she would have received for all the time of his or her service. If the time shall be expired, the person so discharged without notice shall be entitled to fifteen days' additional wages, to wit, for the period of time that he or she Avas entitled to have received notice. give notice. rroviso. Servants desert- Scc. 3. Any and overv Domestic, Servant, Journeyman, ing service sub- •' *' t j i ject to penalty, or Labourer, engaged as aforesaid by the month, or longer space of time, or by the piece or job, who shall desert or abandon the service for which he, she or they shall have been engaged before the time agreed upon shall have expired, and wit^iout having given fifteen days' notice as aforesaid, or who shall desert or abandon the said job before the completion thereof, shall for each and every offence be liable to a Fine or Penalty not exceeding Twenty Dollars, and to an Impri- sonment not exceeding Thirty Days. ticrnK*Lr*i?ante" ^cc. 4. Any and all persons designedly harbouring, or con- emp?oyJ&l!' ceaUng, or enticing, any Apprentice or Servant engaged by BY-LAWS OP THE CITY OP MONTREAL. 848 bourer, longer intend ng that of such of such or mis- aid per- ooasters, t giving le or she service, tress, or jrmen or I' to keep service, rncyman by his expira- full pay- sived for expired, ititled to I of time rneyman, or longer desert or lave been )ired, and d, or who ompletion to a Fine an Impri- ig, or con- gaged by written act or agreement, or otherwise, who shall have aban- doned the service of his or her master or mistress, or instiga" ting or engaging any Apprentice or Servant to abandon such service, shall be liable to a Fine or Penalty not exceeding Twenty dollars, and to an Imprisonment not exceeding Thirty Days for each and every offence. Sec. 5. Any Apprentice, Domestic, Servant, or Journey- Recourse of scr- , J J n • J 1 • . , vant against man, bound or engaged as atoresaid, havmg any just cause master for ju- „ i-j.'i.i.-i. . •, 1 treatment, Ac. 01 complamt agamst his or her master, or mistress, or employer, for any mis-usage, defect or insufficiency of wholesome pro- visions or food, or for cruelty or ill-treatment of any kind, may cause such master or mistress to be summoned and to appear before the said Recorder's Court, to answer the complaint to be preferred against him, her or them, by the said Ajjpren- tice, Domestic, Servant, or Journeyman ; and any and every master or mistress convicted upon such complaint, of any offence aforesaid, towards his, her or their Api)rentice, Domestic, Servant, or Journeyman, shall upon each and every conviction be liable to a Penalty not exceeding Twenty dollars, or to an Imprisonment not exceeding Thirty Days. By CHAPTER XXI. -Law concerning Nuisances. be enclosed. BE it ordained and enacted by the Council of the City of Montreal, as folio avs : Sec. 1. Every lot of land whereon no building is erected, vacant lots to on the line of any public street or lane in this City, shall be, on the line of such street, enclosed with a stone or brick wall, or with a wooden fence, at least six feet, French measure, in height, above the level and on the Une of such street, as fixed aiul determined ])y the City Surveyor, with posts properly put up, so that the said fence shall not lean over or encroach upon the said street or lane. 844 BY-LAWS OF THE CITY OF MONTREAL. Alter fifteen (lays notice. rcnalty. City Surveyor to lencc in lots in certain cases J^ots having stagnant water, &c., to bo drained. I'eiialty. Sec. 2. Every proprietor of such vacant lot of land, or his agent, or the person having or assuming the care of such lot of land, or any occupant thereof, shall be bound to make and erect, or cause to be made and erected, such wall or fence within fifteen days after such proprietor, agent or occupant shall have been notified so to do by the City Surveyor or his Deputy. Sec. 3. Every proprietor or his agent, or person having the charg) oi, or the occupant of any such lot of land, who shall neglect or refuse to make and erect, or cause to be made and erected, such wall or fence within the delay afore- said, shall incur and pay a Fine not exceeding TAventy Dollars, or shall be subject to an Imprisonment not exceeding Thirty Days for such refusal or i ^lect, and shall moreover be liable to another Fine not exceeding Twenty Dollars, or to another Imprisonment not exceeding Thirty Days, for each and every day during which the said lot shall remain, after the afore- said delay, without being enclosed as hereinabove ordered. Sec. 4. It shall be the duty of the City Surveyor, if such lot of land be not enclosed, as above stated, within ^^he delay hereinbefore fixed, or in case the proprietor thereof can not be found, to cause the said lot to be enclosed with a wooden fence at the costs and charges of the proprietor or the person having or assuming the care thereof. Sec. 5. Whenever there shall be on any lot of land in the said City of Montreal stagnant or putrid water, or any filthy, infected or putrid matter, or the said lot shall be oflfensive or dangerous to the public health, it shall be the duty as well of the occupant as of the proprietor of the said lot, or the agent of the proprietor thereof, or of any person having or assum- ing the charge thereof, to fill up, le^ ol or drain the same, as the case may be, or to remove the offensive, infected or putrid matters thereon, without the necessity of a notice to that effect ; and any such proprietor, agent, occupant or person having the charge of tho said lot, Avho shall neglect during two days to remove and abate such nuisance shall be liable to a Penalty not exceeding Twenty Dollars currency for each '^^ftL^tHiU. >r assur. and every day of delay in draining, filling up or levelling the said lot, or in removing the said offensive, infected or putrid matter. Sec. 6. It shall be 'the duty of the City Surveyor after ciiy smvcyoi-s the expiration of the delay prescribed for the removal or be not ubntni. abatement of such nuisance, to cause to be done on the said lot of land, at the cost and charge of the proprietor, or the person having or assuming the charge of the said lot, whatever may be necessary for removing or otherwise abating the said nuisance, cither by causing drains to be made thereon or by filling up the said lot, or by removing or otherwise abating the offensive, infected or putrid matters. Sec. 7. No person shall, in any manner, carry, convey, PonRity for tu - deposit or place, or cause to be carried, conveyed, deposited miisaiiccs. or placed into, or upon, any premises, or lot of land, in this City, or into, or upon, any public square, street, lane or other place whatsoever in this City, any dead carcass, ordure, filth, dirt, dust, or any offensive matter or substance what- ever ; and no person shall commit any nuisance, or cause or permit any such to be committed, into, or upon, any such premises or lot of land, public square, street, lane, or other place whatsoever in this City, under a Penalty not exceeding Twenty Dollars, or an Imprisonment not exceeding Thirty Days, or both, for each and every offence : Provided that nothing herein contained shall prevent the deposit of dust, rubbish, and the sweepings of streets and yards in those places within the said City, specially set apart by the Council for that purpose. Sec. 8. In carting, carrying, or conveying any ordure, in ci»itiii« ciith. tilth, du't, dust, or any offensive matter or substance whatso- dropped in street ever, through any public square, street or lane, no part ' thereof shall be allowed to drop or fall from the vehicle cart- ing, carrying or conveying the same ; and for every offence against the provisions hereof, the owner of the said vehicle, as well as the driver or person in charge thereof, shall be liable to a Fine not exceeding Twenty Dollars, or to an Impri- sionment not exceeding Thirty Days, or both. TT UG BY-LAWS OF THE CITY OF MONTREAL. Oftenaive promiees. I'enRlty. I'utrid substances. I'enalty. Soap factories, fallow cliandle- rU <, &C. Yard- to hp kept cleft?;. Privies. Sec. 9. If iiny person shall own, occupy or keep any lot of ground or other premises in such bad and filthy condition as to be offensive and a nuisance to the neighborhood or to any person or family, such person shall be subject to a Fine not exceeding Twenty Dollars, and to like fine For every <';ay such nuisance shal' continue after notice to abate th?. sam*!, . Sec. 10. Any soap boiler, tallow chandler, b'ltjher, or otlier person who shall keep, or coUoct, or cause to ha kepf or c;.' 'ectod, any stale, putrid or stinking fat, grease or '>ther matter shaii be subject to a Penalty not exceeding Twenty Dollars for . each offence. Sec 11. Any owner or occnpatir of i\ay tallow chanuler's shop, soap factory, tannery, siaughtoi' house, i-tab^o, or gro- cery, wlio shall suffer such establisliments or p;:\nlses to become nauscrus, foul or offensive, shall incur a Fine not excecnlirig Twenty Dollars, or be subject to an Imprisonment no! < xceedicg Thirty Days, for each offence. Sec. 12. Every occupant of a house in the said City, shall keep the yard or premises therewiti) connected, in a clean state, and free from filth or offensive substances, and shall collect in one place, in such yard or yards, all the house dirt or offal, under a Penalty not exceeding Five Dollars for each offence : Provided that when the accumulation of such dirt or offal shall be equal to a load, or become offensive, it shall be removed, under a like Penalty. Sec. 13. Every lot or premises in the said City on which may be erected a dwelling house, shall have connected there- with a privy or privies, with sufficient vaults sunk in the ground ; and the owner of any such lot or premises who shall neglect or refuse to cause such privy or privies to be constructed thereon, within two weeks after such owner or owners shall have been notified so to do, by any Police Officer, shall incur and pay a Fine or Penalty not exceeding Twenty Dollars for each offence. Sec. 14. "Whenever any Privy in the said City shall become offensive, or the contents thereof shall reach within twelve inches of the surface of the earth, the proprietor or BY-LAWS OF THE CITY OF MONTREAL. 847 the occupant of the premises on which the said Privy shall be situated, or to which it may be attached or belong, shall cause the same to be cleaned or emptied within six days after notice shall have been given to the said proprietor or occupant, of the offensive state of such Privy or the necessity for the same being cleaned or emptied, under a Penalty not exceeding Twenty Dollars, for each and every neglect or refusal so to do. Sec. 15. The occupant of any house or building in the Dirty water said City, who shall permit or cause to be discharged, by any channel or gutter, or in any other way whatsoever, from such house or building, into any street, square, lane, or highway, in the said City, any dirty or stinking water, or any thing that may cause public inconvenience or annoyance, shall incur and pay a Fine or Penalty not exceeding Five Dollars for each offence. Sec. 16. Any occupant of any house or buildhig in the pitto thrown said City, who shall throw, or permit to be thrown, any dirty water, ashes, soot, snow, or ice, or any sweepings, rubbish, dirt or filth whatsoever, into any square, street, lane, or high- way, in the said City, shall pay a Fine not exceeding Five Dollars, or an Imprisonment not exceeding Forty-eight Hours for each offence. Sec. 17. Any person who shall keep any swine, dogs, swino, Ao foxes, or other such animals on their premises, in the said City, shall maintain the houses, buildings, or pens ui which the same shall W kept in such a clean state that the neigh- bours and passougorj* uu\v not be incommoded by the swell therefrom, umlov )l iV\Wty not exceeding Ten Dolkrs for each offcT*v.v. Sec. 18^ Thv^ owner v>f every animal that shall di<> or be Dead animals, found dead in any of the streets, squaiw^, lanes, highways, or on any enclwod or unenclosed gix^Hud in the said City, shall iramediat<^ly cause such animal to be buried, at least three foot below the surtace of the earth, under a IVnuilty not ex- ceediu^ Ten Dollars for each offence : and any person who shaU thixnv any such dead animal into any ditcl\, juiudj canal, :M8 BY-LAWS OF THE CITY OF MONTREAL. I'olico otticers to onf'orco this Hv-1rw. Aiitlioiity to visit prcinisus. I'liiMlty. or stream or sewer, or in the river opposite the said City, shall incur and pay a Fine not exceeding Ten Dollars, and an ImpiMSoninent not exceeding Eight Days fi»r each oflfence : and whenever the owner of such animal, or the person com- mitting the offence aforesaid, cannot be discovered, it shall be the duty of the Police Officer of the district to cause tlic removal of such nuisance. Sec. 19. It shall bo the duty of the Chief )f Police, and of the officers and men under his command, to enforce or tmiiso to bo enforced, all the provisions of this By-law ; and for that purpose the said Chief of Police, iind the said olli cers aii(l men of f)io Police Force are hereby severally and collectively authorized lo vlsll (iiid fufimine any bouse, lot. premises, or building in this City; and any person who rtlinll obstruct, hinder or oppose them, or any of them in the dis- charge of such duty, shall incur and jiny a Fine not exceed- ing Twenty Dollars, and be subject to an Imprisonment not exceeding Thirty Days, for each offence. .sti'iiiigtii or tho Police Force. CHAPTEll XXI!. By-Law establiHliiiigand regulating tlu^ Police D(5partment of the City of Montreal. B E it ordained and enacted by the Council of the City of Montreal as follows i Sec. 1. A Police Department is hereby established for tJie City of Montreal, Avhich shall consist of one Chief of Police, two Sub-Chiefs, one Recording Secretary, four Sergeants, eight Acting Sergeants, two Detectives, one Orderly, and one hundred and six fit and able-bodied Men or Constables, Avh«« shall be armed with fusees, or light muskets, and bayonets, to be used only in cases of great emergency ; the Chief of Police and Subordinate Officers shall also be armed with swords : BY-LAWS OP THE CITY OP MONTREAL. ;U!i \ City, rs, and ffcnce : m c om- it shall use the [ce, amt force or w ; and laid 'iHi [dly and UBO, lid. ho Hhfdl the dis- oxoccd- iiLMit not Police I. e City of d for the f Polieo. LTj^oants. , and one )les, wIk' 'oncts, to of Police swords : provided that nothing herein contained shall prevent the said Council, from time to time hereafter, whensoever it may bo considered expedient, by resolution thereof only, and without the necessity of any By-law, either to diminish the said Fonie and the Officers thereof, or to increase the same, or to effect any change therein, that may be desirable or necessary. Sec. 2. The appointment of the Chief of Police, and the Ai.poiiinu. ni^ Sub-Chiefs of the said Force, shall in all cases be made by ii.wma. ' the Council ; but the appointment of the Secretary, the Ser- geants, Acting Sergeants, Detectives and Policemen or f/'onstaldcs of the said Force shall be made by the Police Committee ; the said Police Committee may, from time to time, with the a[)probation of the Council, make such orders and regidations as they shall deem expedient, relative to the general government of the officers and men of the said force, their phto»d of residence, their classification and particular service, their distribution and inspection, the description of arms and necessaries to be furnished to them, and all such other orders and regulations relative to the said force, as the said Committee shall, from time to time, deem expedient for preventing neglect or abuse, and for rendering such force efficient in the discharge of all its duties : and the said Police Committee may at any time suspend or dismiss from the said force any Policeman or Constable belonging thereto, who shall be remiss or negligent in the discharge of his duty, or other- wise unfit for the same : Provided that the power granted to the Police Committee of appointing, suspending, or dismissing Policemen or Constables as aforesaid, may be exercised by the Chief of Police, whensoever authorized so to do by the concurrent majority of the said Committee. Sec. •^. The City of Montreal shall be divided into two city divided Police Districts, to be known as the " Eastern " and " West- DiBtricts. em" Districts, with such line of division as may be deter- mined upon by the Police Committee. There shall be one Central or Head Station, wherein shall be kept the office of Police stations, the Chief of Police, and the books, papers, and records of the Department ; and such other Branch or Auxiliary. Stations as may be established by the said Council. 350 BY-LAWS OP THE CITY OP MONTREAL. His (lutioB. I'oiico MtntioiiH, Sec. 4. The Stations, and the Dwellinj^s connected therc- coiitro). Avitlj, shall bo under the immediate control of the Police Committee, and subject to such orders as they may deem advisable, in the interest of the Department. ciicfof I'oiico. Sec. 5. The Chief of Police shall bo the chief executive officer of the Police Department, and shall direct the same ; and ho shall obey, and cause all members of the Police Department under him to obey the Rules, Orders, and Regu- lations prescribed by the Police Committee or the Council. He shall be responsible for the efficiency, general conduct, and good order of the Department. It shall bo his duty to cause the public peace to bo preserved, to secure the pro- tection of property, and to see that all the Laws and Ordi- nances are enforced ; and whenever any violation thereof shall come to his knowledge, or be reported to him, he shall cause the requisite complaint to be made, and see that the evidence is procured for the successful prosecution of the offender or offenders. In case of tumult, riot, insurrection, or threatenings thereof, he shall take command in person of the Police Force, and direct their movements and operations in the discharge of their respective duties. He shall attend at the Police Office at such times as may be prescribed by the Police Regulations, and he shall keep, or cause to be kept and made, all such Records, Registers, Books, and Reports concerning the affairs and operations of the Police Department as may be designated, by, and in the manner and at the times required by the Police Committee. Shall cause records to be kept. Sub-chiefs of I'olice. Their duties. Sec. 6. The Sub-Chiefs of Police shall have the general charge of the Police Stations in their respective District, and, with their Sergeants, shall be responsible for the cleanli- ness, general condition and good order of the Police Stations within their jurisdiction ; they shall require the Policemen to be clean in their j)ersons ; their particular attention shall be directed to instn ting the Sergeants and Policemen in the performance of their re.-pective duties, and rendering thera familiar with the Municipal Laws and the Regulations of the Department ; and they shall be accountable for the regular, I there- Police )r deem :ccutive ) same : Police 1 Regu- ^ouncil. ionduct, duty to the pro- id Ordi- thereof he shall that the I of the rrection, terson of )erations II attend ribed by 36 to be )ks, and le Police manner general District, e cleanli- Stations cemen to shall be en in the ing thera ns of the } regular, BY-LAWS OP THE CITY OP MONTREAL. 8;")! efficient and faithful pei luince, by the Force under their control, of the various duties devolving upon them. Sec. 7. The Recording Secretary Hhall be stationed at the it.cor.iiiin Chief's Office: he shall have cluirge of all the Police Pooka, iiUdui'iMr Papers, and Records ; he shall correctly make out and keep all the Accounts of the Department, and shall examine and check all Books of Accounts to be kept at the several Stations ; ho shall prepare Monthly Statements of all Receipts and Disbursements of the Department, and shall transmit at the end of every month a copy thereof to the City Treasurer, who shall submit the same to the Police Committee ; he shall, under the directions of the (Jhief of Police, conduct the cor- respondence of the Office, and perform such other duties as may be required of him by the l*olice Committee or the Chief of Police. Sec. 8. The Sergeants, the Acting Sergeants, and the scrpmiitHami several Policemen of each Police District shall promptly and genntl." implicitly obey all orders they may receive from the Chief or Sub-chiefs of Police. Sec. 9. The several Officers and Policemen, appointed as voUcv con- aforesaid, are required to devote their undivided attention to duties oi. the preservation of the peace, quiet, and good order of the City, and the enforcing of the By-laws thereof ; they shall severally report themselves for duty at such times and places as may be required by the Rules and Orders of the Depart- ment, and render such- prompt and energetic assistance as may be required of them, or the exigency of the service may demand. It shall be the duty of each and every Con- stable strictly to conform to all Regulations and Orders of the Department ; and every Constable, while doinc' regular duty and service as Policeman, shall perform tliC same ser- vices, be subject to the same regulations, and receive such compensation as may be fixed by the Council ; and while so doing regular duty shall not do any other business or service that will interfere with his duties as Policeman. Sec. 10. The several Policemen or Police Constables shall rowers of ,, . ., y-H., n 1 • ii L policemen. have power to arrest all persons m the City lounu m the act HA'J IIV-LAWS OK Till-; riTY OF MONTHKU.. I'd mi'I'sc U Id I'll II I H, I'olli'c rmpow- I'll'd to OIltlT lllHlSCS llIUl iiiiiki' iirrcstH. l'i'i:vhiIo executing or serving, or assisting iu the execution or service of any such wan \nt or process, shall bo vested with and have all the powers and authority conferred on Consta- bles at Common Law. Sec. 11. The Chief of Police, Sub-Chiefs, Sergeants, Police Constables, and Policemen, respectively, shall have power and authority to enter into any house, store, grocery, tavern, shop, or other building whatever, or into any yard or premises in the said City, in which any person or persons may reasonably be expected to be for unlawful purposes ; and if any person or persons shall bo found therein, guilty of any crime or misdemeanour, or violation of any By-law for the preservation of the peace and good order of the City, or who may reasonably be suspected thereof, or Avho shall be aiding or abetting such person or persons so found, said Police Offi- cers shall apprehend and keep in custody such person or persons, as in cases of other arrests made by the Police Officers. Sec. 12. All prisoners brought to the Police Stations, charged with the commission of any offence or misdemeanour, shall be brought before the Recorder, to be by him disposed of according to law. Sec. 13. A Register shall be kept in the Central Station, wherein shall be entered the names of all prisoners arrested in the City, their age, nationality, residence and occupation, by whom reported, the nature of the crime or (iffence com- mitted, and the amount of money found upon their persons. Sec. 14. Every Police Officer, or Constable appointed in the said Force, shall, previous to exercising any function of HY-LAWS OP TIIK CITY OF MONTREAL. n')8 his office, take and 8u))flcril)o, bot'orc tlio llocorder or other person legally authorized to administer the same, an oath that he will faithfully, impartially and honestly, according to the best of his skill and kno\vled<;e, execute all the powers and duties of Constable, for preserving the peace and preventing robberies and other felonies, and apprehending offenders against the pcaco in the District of Montreal, which said oath shall ho recorded in a Book to be kept for that purpose in tho otlico of tho Recorder's Court. GcinI (lutiex jlicc, Sec. 15. The Police Officers or Policemen shall not engage Poiicomcn not in any business which may withdraw their attention from tho b'liXtM.' Police Service, or unfit them for the duties recjuired of them, and they shall not absent themselves from duty without tho permission of tho Chief of Police. Tho Policemen are ex- pected to bo usually employed in regular service ; but tho Mayor, tho Police Committee, or Chief of Police, whenever in their opinion the Public service recfuires it, may detail any snoc number of the Officers and Policemen for any special or |»ar- " ticular duty connected with the Police Service of the City, and they may require any of the Constables or Policemen to do duty at any time of tho day or night. Sec. 16. The City Council shall fix tho compensation to bo council to hx paid to tho Chief of Police, Sub-Chief, Recording Secretary, *"'"'i"'"''* " Sergeants, Police Constables and Policemen, and may from time to time alter or change such compensation. The Chief of Police shall keep, or cause to be kept, a Register showing Rojjister of the name of every officer and man employed in the Depart- ment, and also the number of days and parts of days actually served on j'ogular duty by each Police Officer or man, as aforesaid, and shall certify such time served to the Police Committee, who shall order a warrant or warrants to be drawn on the City Treasurer for the amounts due according to the rates fixed by the said Council. All claims for extra services by any of the said persons shall be presented to the said Police Committee for allowance, before settlement. Sec. 17. The Police Committee are hereby authorized committeo to and required to make and establish such rules, and regula- rules. * ^° ^^ UXJ 364 BY-LAWS OP TUB CITY OF MONTREAL. tions (to be styled " Police Rules") for the government and control of the Member.' of the Police Department, as may be deemed expedient and proper to carry out the objects of this ordinance, and with a view to making the Police Department and all the Officers and Agents appointed under it, efficient, vigilant, prompt and useful to the City. The " Police Rules" may prescribe the duties of the several Police Officers and men, more specifically tlmn is herein contained, and may provide such penalties and fn'foitures, such as suspension from pay, fine, not to exceed one week's pay, and repri- mand, as may be deemed necessary and expedient for the proper regulation of tho different portions of the Department. All the Rules and Regulations made in pursuance hereof, shall be in writing, and signed and filed in the office of the City Clerk, and shall bo biufling on all the Officers and men connected with tho Department, after notice thereof. A written o" printed copy of such Rules shall be delivered to each Member of the Police Department, and copies shall be posted conspicuously in tho Police Office and Police Stations in the City, and such delivery and posting shall be deemed notice of the making thereof to tho Members of the Depart- ment. ! All persons to assist police- mon. Sec. 18. It shall bo tho duty of all persons in the City, when called upon by any Police Officer or other Member of the Police Department, to promptly aid and assist him in the execution of his duties. Whosoever shall neglect or refuse to give such aid and asaistanco, shall be subject to a Fine jaiot exceeding Twenty Dollars, and to an Imprisonment not exceeding Thirty Days for each offence. I I BY-LAWS OF THE CITY OF MONTREAL. 355 CHAPTER XXTII. By-Law to Preserve Public Peace and Good Order. B E it ordained and enacted by the Council of tlie City of Montreal, p,s follows : . Sec. 1. AW riots, noises, disturbances, or disorderly assem- mot», &o.. Wages, are hereby prohibited in this City : and all persons ^"^^ " making or creating any riot, noise, disorder, or disturbance, or forming part of any disorderly assemblage anywhere within the limits of the said City, shall incur the Penalty hereinafter provided. Sec. 2. No person shall disquiet or disturb any Congregation Koiigious wor- or assembly met tor religious worship, by making a noise or by molested. rude and indecent behaviour, or profane discourse within their place of worship, or so near the same as to disturb the order and solemnity of the meeting. Sec. 3. No person shall wilfully give or make a false alarm Faiso ainrm.«. of fire or watch , or shall employ any Bellman, or use or cause " ^°' to be used any bell, horn, .or bugle, or other sounding instru- ment (save and except at any religious or irilitary ceremony or procession) ; or shall employ any device, noise or perfor- mance tending in either case, to the collection of persons on the streets, sidewalks, or other public places, to the obstruction of the same, for any purpc- whatsoever, without permission of the Mayor in writing. Sec. 4. Any person who shall offend against any of the ivnaity. provisions of this By-law shall, for each offence, incur a Peiiultv not exceeding Twenty Dollars, in addition to which the Recorder's Court, before whom conviction may be had, shall have power to cause the offender or offenders to b j imprisoned in the Common Gaol or in the House of C' rrccticn at hard labour, for a period not exceeding one calendar month. 356 BY-LAWS OF THE CITY OF MONTREAL. CHAPTER XXIV. B By-Law concerning Public Squares. E it ordained and enacted by the Council of the City of Montreal, as follows : .Tacqucs Carticr square. Mace d'Armes. Sec, 1. The public ground lying in front of the Roman Cathohc Parish Church, and intervening between Notre Dame and St. James Street, in the Centre Ward of this City, shall be known and designated as " Place d'Armes." Sec. 2. The space of ground lying and situate in the East Ward of this City, between Notre Dame Street on the north- west, and Commissioners Street on the south-east, and com- prising Fabrique and St. Charles Streets, along with the space of ground between these two last named streets, shall be known and designated as " Jacques Cartier Square." Sec. 3. The public ground comprising the north-eastern extremities of Notre Dame and St. Paul Streets, in the said East Ward, as far as Lacroix Street, with the open space intervening between the two first named streets, and also the vacant j^round lying north-west of Notre Dame Street, the whole as now bounded, shall be known and designated as "Dalhousie Square." Sec. 4. The pubhc ground in front of the Custom House, Dalhousie square. Custom House square. Victoria square. extending as far as Commissioners Street, in the Ward of this City, shall be known and designated ao tom House Square." Sec. 5. The vacant space of Centre " Cus- ground foiraing the con- tinuation of McGill Street, as far as Vitrd Street, and including the public ground formerly known as Commis- sioners and Haymarkct Squares, in the St. Antoino and West Wards of this City, shall be known and designated as " Victoria Square." BY-LAWS OP THE CITY OP MONTREAL. 357 Sec. 6. The public gi'ound comprised between St. Denis, Craig, St. Hubeit, and Dubord Streets, with the vacant space on the south-west side of St. Denis Street, forming the continuation of the square herein referred to, shall be known and designated as " Viger square. ^' Sec. 7. The public ground extending from St. Mary Street to Papineau Road, in the St. Mary's Ward of this City, shall be known and designated as " Papineau Square." Sec. 8. The public ground formed by the intersection of St. Maurice, Inspector, and Chaboillez Streets with St. Joseph Street, as now bounded and comprised in the St. Antoine and St. Ann's Wards, shall be known and desig- nated as " Chaboillez Square." Sec. 9. The public ground at and adjoining the intersection of St. Antoine and Richmond Streets, as now bounded, in the St. Antoine Ward of this City, shall be known and designated as " Richmond Square." Sec. 10. The public ground intervening between Beaver Hall Terrace and Phillips Place, with a portion of Dorchester Street as boundary on the south-east side thereof, in the St. Antoine Ward of the said City, shall be known and designated as " Beaver Hall Square." Sec. 11. The public ground lying and situate in the said St. Antoine Ward, bounded by Cathcart Street, Union Avenue and St. Catherine Street, on the southeast, south-west and north-west, and by Phillips Place on the north-east side thereof, shall be known and designated as "Phillips Square." Sec. 12. The public ground in ^. • ntof St. James' Church, lying and situate in the St. Louis Ward of the said City, bounded by St. Denis Street on the north-east, and by pri- vate property on the south-east, south-west and north-Avest, shall be known and designated as " St. James' Square." Sec. 13. Tbf> public ground extending from St. Mary Street to Parthenals Street as now bounded, in the St. Mary's Ward of this City, shall be known and designated as "• Parthenais Square." Vigor square. Papineau square. Chaboiilcz square. Richmond square. Beaver Hall square. Phillips square. St. James' square. Parthenais square. 358 BY-LAWS OF THE CITY OF MONTREAL. m i Games prohib- ited in squares, No person to injure trees, Itrass, &c. on squares. Duties of City Surveyor in relation to squares. Sec. 14. No person shall play at ball, cricket, or at any other game or play whatever, in any of the inclosed public squares ^r ;]|;"ounds in this City, under a Penalty not exceed- ing Five DoUaiS, or an Imprisonment not exceeding Forty- eight Hours for every offence. Sec. 15. No person shall walk, stand or lie iipon any part of any of the enclosed Public Sc^uares or grounds laid out and appropriated for shrubbery or grass ; or pull up, break down, remove or injure i*ny of the trees, grass, shrubbery, flowers, fences or other fixtures or things in and about, or per- taining to any inclosed Public Square or ground, under a Penalty not exceeding Five Dollars, or an Imprisonment not exceeding Forty-eight Hours for every offence. Sec. 16. It shall be the duty of the City Surveyor to superintend all inclosed Pubhc Squares or grounds, and keep the fences thereof in repair, the walks in order, and the trees properly trimmed. He shall likewise cause printed or written copies of the second and third Sections of this ordinance to be posted in the said squares or grounds. CHAPTER XXV. B By-Law concerning Public Pounds. E it ordained and enacted by the Council of the City of Montreal, as follows : No liorsc, cattle &c., to run at large. I'eualty. Sec. i. No Horse, Cattle, Swine, Hog, Sheep, or Goat, shall be permitted to run at large at any time in the City, or graze, browse, or feed upon any of the streets, squares, lanes, alleys, or public places of this City, under the following Penalties against the owners or keepers, or persons having charge of the same, viz. : BY-LAWS OF THE CITY OF MONTREAL. I'liblic notindrt OHtabliducd. Impounding nnimnla. For each Stallion, Bull, Boar, or Ram. ... $1 00 " Hog or Swine 50 " Gelding, Mare, Ox, or Cow 25 " Colt, Filly, Calf, or Goat 20 " Sheep 10 Sec. 2. Public Pounds shall be, and they are hereby established in this City, as follows, viz. : one fit the Cattle Market, in the St. James' Ward ; one at the St. Gabriel Market, in the St. Ann's Ward, of the esaid City, and one at each of the Police Stations in the said City ; and the Clerks of the said Markets, for the time being, and the Sergeants or Policemen, on duty at the said Stations, shall have charge and act as Keepers of the said Pounds respectively. Sec. 3. All Horses, Cattle, Swine, Hogs, Sheep, or Goats found at large within the said City, or grazing, b)'owsing, or feeding upon any of the streets, squares, lanes, or alleys of the said City, may be taken by any person or persons and driven or carried to either of the said Pounds, or to any Police Station in the said City, for delivery at the nearest Pound ; and it shall be the duty of the Pound-keoi)ers, or persons having charge of such Pounds, to receive and im- pound the same, and to .enter in a book to be kept by them for that purpose, the names and places of abode of all persons who may bring any such horse, cattle, swine, hog, sheep, or goat to such Pounds, and the time of bringing the same respectively ; and the said Pound-keepers shall pay to the pers(-.iis bringing any such horse, cattle, swine, hog, shoei), or goat to such Pounds, one half of the penalty incurred for each and every animal as hereinbefore provided for. Sec. 4. It shall be the duty of all Constables of the Police Forr-e of the said City, whenever they see or meet any horse, cattle, swine, hog, sheep, or goat running ac large in contra- vrntion of this By-law, or whenever their attention is directed by any Citizen to any such animal running at large as afore- said, to immediately drive the same to the nearest J*ound. Sec. 5, If the owner of any such horse, cattle, swine, hog, sheep, or goat, or any other person entitled to redeem Duties of pound keepers. Duty of policomon. Impounded animals may be fcdeemed. 360 BY-LAWS OP THE CITY OP MONTREAL. the same, shall appear and claim such animal at any time before the sale thereof, it shall be the duty of the Pound- keeper to deliver the same, on receiving the amount in full of the penalty and necessary expenses incurred for each and every animal. Sec. G. It shall be the duty of the Pound-keepers, on making delivery of any animal so impounded, before sale, or on payment of surplus money after sale, to obtain from the person or persons claiming the same, his, her, or their name or names, and residence, and to enter the same in a book, together with the date -when such animal was left, and the date when the same was sold or redeemed, as the case may be. Duty of pound keeper on delivering tlio eamo. Notice of sale. Form of notice. Animals may bo sold. Animals may bo sold if not paid for. Sec. 7. If no perjoi shall appear lo claim such animal or animals so impounded, within five days after the same may have been impounded, or if the person clauiiing such animal shall refuse or neglect to pay the penalty and necessary expenses incurred thereon, it shal" be the duty of the Pound- keeper to give at least three days' notice of the sale thereof. Sec. 8. Such notice shall contain a general description of the animal or animals impounded, and shall be posted up in some conspicuous place at the Public Pound where the same shall have been impounded, and also at the several public Markets in the said City. Sec. 9. If, at the expiration of the time specified in the said notice, no person shall appear to claim the animal or animals therein specified and referred to, or if any person shall appear to claim the same, bi ': shall refuse or neglect to pay the penalty and necessary expenses accrued on such animal or animals, the same shall be offered to public competition and sold to the highest bidder by the Pound-keeper at the Pound where the said animal .r animals are kept. Sec. 10. If, after the sale of any animal as aforesaid, the purchaser does not immediately pay the price thereof, the Pound-keeper may forthwith cause the animal to be resold, and so continue to do until the price is paid, and shall only give up possession after such payment. BY-LAWS OP THE CITY OF MONTREAL. 361 Sec. 11. In case of the sale of any impounded animal or Proceeds of mio. animals, the said Pound-keeper shall retain out of the proceeds of such sale, sufficient to pay the amount of the penalty, and all necessary expenses incurred by him on account of the said animal or animals. Sec. 12. If, after such sale, and Avhilst the proceeds there- owner of am- . . * iiial iiiav reiiecm of remiun ni the hands of the Pound-keener, the former owner ••"• fn">o ^y pnyii'g lees. of any animal or animals so impounded and sold, shall appear and claim the proceeds of such sale, it shall he the duty of the Pound-keeper to deduct froYn the proceeds of such sale the penalty, and expenses, as provided in the last preceding section ; to ascertain the name and residence of such owner, and to pay over the balance of the proceeds of such sale, if any, to the person so claiming to be the owner, upon satisfac- tory proof of ownership being given to such Pound-keeper. Sec. 13. It shall be the duty of each and every Pound- Monthly ro- keepor, at the end of each month, to make out and present to mlWl % " the City Clerk a full and detailed report, showing the number j^C""(rH. of animals received into and discharged from the Public Pound during the year ; the particular date when each animal was so received and when each was discharged, and -whether the same was redeemed or sold, and if redeemed, how much was received by him on account of such animal, and the name of the person from Avhom it was received, and if sold, how much was paid therefor, the name of the purchaser and the amount of the Pound-keeper's expenses thereon, and the balance, if any, remaining over and above such expenses, and to whom paid, and the balance of such moneys remaining in his hands, which balance, if any, shall, prior to making such report, be paid over to the City Treasurer. Sec. 14. No person or persons shall break open, or in any penalty for manner directly or indirectly aid or assist in breaking open pomi(i"5 any Public Pound, or shall take or let any animal or animals out of any Public Pound, without the consent of the Pound- keeper, under a Penalty not exceeding Twenty Dollars, or an Imprisonment not exceeding Thirty Days, or both, for each and every offence. vv :J62 BY-LAWS OP THE CITY OF MONTREAL. For dola/ffifr ur obstructing pcrsoiiH im- pounding. « 8ec. 16. Each and ever^^ person who shall hinder, delay or obstruct any person or ;jersons engaged in driving or catrry- ing to any Public .Pound any animal or animals liable to i>e impounded under the provisions of this JJy-law, shall, for each and every offence, forfeit and pay a Fine not exceeding Twenty Dollars, or be liable to an Imprisonment not exceeding Thirty Days, or both. CHAPTER XXVT. By-Tjaw to Establish a Tariff of Fees for the Public Crier. BE it ordained and enacted by the Council of the Oity of Montreal : That the Fees to be alhnved to, and demanded by, the Public Crier shall be as follows, to wit : For the publication, in either French or English, or in both languages, if required, of each and every Lot of Ground or Emplacement by him published at the church door for three consecutive Sundays, and for the sale and adjustment thereof, If the Emplacement do not exceed $2000 in value . . |3 00 If the Emplacement exceeds $2000, but do not ex- ceed $4000 dollars in value 4 00 If the Emplacement 'le over $4000, but do not ex- ceed $6000 in value 5 00 If the Emplacement be over $6000 in value 6 00 For every other kind of Notice or Publication made by him at the said church door 65 For every other Notice given by him, with sound of bell, in the Public Markets 65 For each and every Notice given by him with sound of bell, in all the principal Streets and public places of this City 2 00 BY-LAWS OP THE CITY OP MONTREAL. 368 r, delay >r cswry- >le to !>e for each ; Twenty g Tliirty CHAPTER XXVII. By-Law to Establish a Tariff of Fees for the Recorder's Court. lor tlie B Oity of by, the »r in both round or for three b thereof, $3 00 c- )f d 4 00 5 00 6 00 65 65 2 00 B E it ordained and enacted by the Council of the City of Montreal : That the following be the established Tariff of Fees to be exacted and received in the Recorder's Court of the said City, by the several Officers thereof, viz. : TO THE CLERK. 1 — Far every Writ of Summons and Copy. 2— 3— 4— 5— 6— 7— 8— 9— lo- ll— 12— 13— 14— is- le— 17- 18— 19— 20— " 21— every extra Copy every Cause, Opposition, Rule, or other Proceeding, returned into Court Filing and Entering every Opposition, and Filing every Plea or Exception... Entering every Judgment Entering every Judgment on every Op- position, and on every Rule Nisi every Copy of Judgment every Original Subpoena every Copy of do every Writ of Execution Swearing every Witness every Motion made in open Court every liule for Fails et Articles, Sentient D6cisoire, etc., and Copy every Rule Nisi and Copy thereof every Office Copy of any Document, or of the Record in any Cause, and Certi- ficate per 100 words every Certificate thereof. Making up the Record of every Case Appealed every Recognizance in a Case Appealed every Deposition and V arrant, payable by the party complaining, and reim- bursed on Conviction 53. every Recognizance pajable by each party bound 23. 6d. every Warrant of Commitment.. 2s. Gd. In all Ciucii up to 208. lnclU(.lve. d. 3 3 6 2 6 3 3 3 6 6 1 10 2 6 In (ill CriKCH In nil rasca nlH>vi' 20k. ulinve IOh. & ii)> to 4(>u. & up to lOOri, IndiiHivr. (ncluwivo. s. d. 2 6 1 3 ! 3 6 1 3 3 6 3 3 2 6 1 10 2 6 ! 1 1 2 1 1 1 1 1 2 1 10 2 d. 6 9 1 3 3 3 6 6 6 6 3 6 G In nil C-nKo uIhivc lOOfi. s. d. 3 6 1 1 6 1 i 2 2 2 2 1 I 20 5 3 6 6 6 1 6 3 6 6 864 BY-LAWS OP THE CITY OF MONTllEAL. Tariff of Fees, &c. — ConiimiPfJ, 22 — For ftvery Bench Warrant 23.0(1 23 — " Filing any Paper not otherwit-c provided for 6d 24 — " ever}' Commitment on a Return of ^uUa Bona 28. 6d 26— " Recording aiipiications for Pcular Licenses and Granting Certifi- cates 2s. 6d. each 26— <' Reeoriling applications for Hil- liiird Licenses, preparing Re- cognizances and granting the j Certificates required 7s. fid. each 27 — " every Affidavit taken In Court, Is. 3d. " TO THE CBIEB. 28 — For every Cause, Subpoena, Rule, Opposi- tion, Requite Civile, or other proceed- ing returned Into Court Tn all (^AHUN iurluHlvv. IlllHlC, I i> to 1i)k. 30— 31— TO THE BAILIFF OB CONSTABLE. 29 — For each ?*' r-^lce of Process, Rules or Or Awh, u'.'-i a Certificate thereof eac'.j Xto..-'.' within the City limits .... ea.'l TriiVf i within one mile beyond the Jiii lirrtits, extra 32-^ •' every ftfi'Mtional mile or part of a mile (wiii)O.it any charge, however, for mileage returning), but exclusive of all sums paid at toll-gates or bridges, or for ferriage 33 « the Seizure of Goods and Chattels, under a Writ of Execution, and all incidental trouble 34 — << his Recors " Special Guardian or Guardians when required, to be taxed by the Recorder, according to the circujustances con- nected with each case. " Publishing the Notices of each Sale, and all incidental trouble " the Sale cf Goods and Chattels, exclu sive of mileage " the Execution of every Warrant of Ar rest 63. 36— 36— 37 38 3 6 6 1 3 9 3. d. 3 1 3 G 6 3 9 1 8 1 3 9 In nil (llUCK 111 UN. X- M|. to 1IM»... iiu'iii/*ivf. £. d. 3 1 3 6 1 3 9 III All riWCM 8. d. 6 1 6 9 6 9 3 9 I 5 18 2 1 6 til nil Ciwi'^ iibiivi' 1IH)H. . 8. d. 6 1 6 9 9 9 I 5 8 12 9 1 5 UY-LAWS OF THE CITY OF MONTREAL. 3*35 B CHAPTER XXVTII. ]iy-La\v concerning Sewers. E it ordained and enacted by the Council of the City of Montreal, as follows : Sec. 1. The said Council repair of any common Sew sidered necessary by the Ru highway : Provided that no ('. ''der the construction or council may order HcworK ••^ which shall be con- to be made. ■11 ee, in any street or er or Drain shall be made of less dimensions than two feet diameter. Sec. 2. Whenever it shall be determined by the said imimic notice Council to lay down a Common Sewer, or whenever any " ""^ street or highway within the said City shall bo about to be newly paved or repaired, in which street or highway a Com- mon Sewer shall have been already made and laid, public notice shall be given to the inhabitants and proprietors on such street or highway, specifying the time Avithin which they may avail themselves of making their private drains from their houses or yards into such Common Sewer. Sec. 3. The cost of making and constructing any Common cost of sowers, Sewer or Drain which shall hereafter be ordered to be made ^**'" or constructed in any street or highway, or section of a street or highway in the said City, shall be borne and paid by the owners of real estate situated on either side of such street or highway, or section of street or highway, by means of a special assessment to be made and levied upon the said owners of real estate, according and in proportion to the frontage of their properties respectively ; the said assessment to be due and payable immediately after the completion of such Common Sewer or Drain in front of the said properties respectively : Provided that in no case shall such owners be proviso, assessed, whatever the dimensions of such Common Sewer may be, at a higher rate than for their proportion of the cost of a Common Sewer of two feet diameter. IMAGE EVALUATION TEST TARGET (MT-3) // 1.0 1.1 liilZS 12.5 lAO 2.0 IJ& ||I.25,U|,.6 ^ 6" ► "> ^ V2 Hiotographic Sciences Corporation 33 WIST MAIN STREET WEBSTER, N.Y. MSSO (716) S72-4S03 -'-,,■/ J. V * 366 BY-LAWS OP THE CITY OP MONTREAL. Kcpairs to sewers to bo borno by Council. Trivate eevera. i-<)|illiiti'(l, I'l'iiulty for In- JurliiK lamp- IMIKtli, &c, Tni'K to ho tiitnmi'd. rusting lilacardR, Sec. 2t). No person shall phiy at Foot-ball, or the ^amo commonly called Shinty, or shall throw Stones or Snowballs in any street, Htpiare, or lane of this City, under a Penalty not exceeding Five Dollars, or an Imprisonment not exceed- ing Forty-eight Iloura, for each offonco. Sec. 27. Any person who shall climb upon or hitch any horse or other animal to any public Lamp-post, or hang or place any goods, boxes, wood, or any other heavy material upon or against the same, or who shall extinguish, oV cause to bo extinguished, or light, or cause to bo lighted, any of said lamps, imless duly authorized so to do, shall be subject to a Penalty not exceeding Twenty Dollars, or to an Impris- onment not exceeding Thirty Days, for each offence. Sec. 28. If any trees in any street wherein public lamps are erected, shall be suffered by the owner or the occupant of the premises to grow in such a manner as to obstruct the reflection of the said lamps, it shall be the duty of the City Surveyor, under direction of the Light Committee, to notify the owner or occupant of the premises forthwith to trim the same, in the manner to be specified in the notice ; and if any person shall refuse or neglect to comply with such notice, it shall be the duty of the City Surveyor to cause such trees to be trimmed ; and the person so nc glecting or refusing shall be subject to a penalty of One Dollar for each tree he was so notified, and refused or neglected to trim. Sec. 29. No person shall post up or affix in any manner any Bill, Placard, or notice, either written or printed, upoi) the fences, walls, or upon any part of any building in this City (except in cases of expropriation), without the previous consent of the occupants thereof, or if there be no occupants, without the previous consent of the owner thereof ; nor upon any part of any building belonging to the Corporation of the said City without the previous consent of the Mayor, under a Penalty not exceeding Five Dollars, or an Imprisonment not exceeding Forty-eight Hours, for each offence. \ BY-LAWS OF TUB CITY OF MONTREAL. 877 Sec. 80. Whoiiovcr any thins id prohibited in this or any whoiiii«bio „ , „ , .111- 1 to <•'» IHiuilty. other By-luw, as woll tho porsun aotuully doing such pro- hibited thing, as his ag«nt or employer, shall bo liable to the penalty presuribod. Sec. 31. All houses within tho City limits shall be numbered Numbering ■' , of bOUWM. from East to West and from South to North, the oven numbers being assigned to the \el\ and the odd ones to the right hand side of each street : in every case of a vacant space intorvou- ing, tvrenty-fivo feet shall be allowed for a number. fas so B CHAPTEll XXX. By-Law concerning Sidewalks. E it ordained and enacted by the Council of the City of Montreal, as follows : Sec. 1. The City Surveyor is hereby authorized, under the Dimoniiioni o< direction of the Road Committee, so to regulate the width and iiowroKuiRtcd. height of the sidewalks of any streets, as shall, in his judgment, be most conducive to the convenience and interest of the City. Sec. 2. Any person who shall encumber or obstruct any Ponaitvtor sidewalk, in any street, square, lane, or highway, in the said guiowaiiJ."* City, with any article or material whatsoever, without having previously obtained a written permission from the City Sur- veyor, shall forfeit and pay a sum not exceeding Twenty DoUara for each offence. Sec. 3. All steps, door-steps, porches, railings, platforms, projcotiom ,, .. ' L' • L i_ 1. i.' • 1 II Into HtroptH to or other erections projecting into or obstructing any sidewalk, bo nmiovfld by street, square, lane, or highway, within the said City, shall surveyor, be removed, by and at the expense of the proprietor of the real pi-operty on or connected with which such projections or obstructions shall be found, within forty-eight hours after the said proprietor shall have been notified by the City Surveyor to remove the same, under a Penalty not exceeding Twenty XX 878 BY-LAWS OP THE CITY OF MONTREAL. Exceptions. Encumbrances not removed when ordered to be removed by Surveyor. Goods for sale or show. Goods deliv- ered or re- ceived. Sufficient pas- sage to be kept clear. Four hours allowed. renalties. I'enalty by the hour alter notice. Dollars for each offence : Provided that conductors from water spouts and window-guards, not projecting from the face of the wall more than six inches, shall not be taken and considered as projections or obstructions within the meaning of this section. Sec. 4. Whenever any article or material whatsoever, en- cumbering or obstructing any sidewalk, street, square, lane, or highway, in the said City, shall have been ordered or direc- ted by the City Surveyor to be removed, pursuant to the preceding sections of this By-law, and the same shall not be removed within the time limited by such order or direction, it shall be lawful for the City Surveyor or his deputy, to order the same to be carried or transported at the cost and charge of the parties owning such article or materials, to such place as may be specially allotted by the Council for the reception of all such articles or materials. Sec. 5. No person shall place upon or suffer to be placed upon any sidewalk in this City for sale or show, any goods, wares or merchandise whatsoever. Sec. 6. No person receiving or delivering goods, wares or merchandise, in the said City, shall place or keep upon, or suffer to be placed or kept upon any sidewalk in the said City, any goods, wares or merchandise which he or they may be receiving or delivering, without leaving a passage-way clear upon such sidewalk Avhere such goods may be, suflScient for the use of foot passengers ; and no person or persons receiv- ing or delivering such goods shall suffer the same to be or remain on such sidewalk for a longer period than four hours ; and any person or persons violating any of the provisions of this or the foregoing section shall forfeit and pay to said City a sum not exceeding Twenty Dollars, and shall be subject to a like penalty for each hour the said goods or any part thereof shall remain as aforesaid, after notice to remove the same. Hand barrows Scc. 7. No pcrson shall lead, drive, or ride any horse or not to be used . ^ *' on footpaths, other ammal, or wheel or drag any hand barrow or hand cart, or push or drag any sleigh or sled, or saw any wood, or BY-LAWS OF THE CITY OP MONTREAL. 879 \ water of the idered >f this or, en- , lane, • direc- to the not be ition, it order charge h place ception placed r goods, fares or ipon, or id City, may be ly clear iient for ; receiv- bo be or • hours ; sions of to said subject my part love the horse or or hand yyood, or in any otherwise needlessly impede any foot-path or sidewalk in the said City, under a Penalty not exceeding Five Dollars for each offence. Sec. 8. Any owner or occupant of any store, house, build- Truck* may be- ing, or lot, in the said City, who shall permit or suffer any fjot-yatht in cart, truck, or any kind of summer or winter vehicle whatso- ever, for the purpose of loading or unloading the same with any boxes, crates, casks or packages whatsoever, weighing less than one hundred weight each, to be driven or placed, or backed over or upon the foot-path or sidewalk opposite such store, house, building, or lot, or who shall suffer or permit any cart, truck, or any kind of summer or winter vehicle, for the purpose of loading and unloading the same with any boxes, crates, casks, or packages whatsoever, weighing more than one hundred weight each, to be driven, or placed, or baclol over or upon the foot-path or sidewalk opposite such store, house, building, or lot as aforesaid, and remain so for a longer space of time than five minutes at any one time, shall incur and pay a Fine or Penalty not exceeding Five Dol- lars, or an Imprisonment not exceeding Forty-eight Hours, for each offence. Sec. 9. Whenever any portion of a sidewalk shall have injuries to .been broken or otherwise injured m consequence ot any new builders to building erected or in course of erection on any of the streets or squares in the said City, the City Surveyor shall cause a written or printed notice to be served upon the owner of the said building, calling upon him to repair the damage thus occasioned, by causing the sidewalk in front of or adjoining such building, to be put in as good condition as it stood pre- vious to the erection of the said building : Provided the said notice shall require such repairs to be made in forty-eight hours after the service thereof. If such owner shall neglect or refuse to repair the sidewalk as aforesaid, after the said notice, he shall be subject to a Fine not exceeding Twenty Dollars, besides being liable for all damages which the City may incur by reason thereof. The City Surveyor shall, in all cases, where any proprietor shall refuse or neglect to repair the sidewalks in pursuance of notice as aforesaid, cause the 880 BY-LAWS OF THE CITY OP MONTREAL. same to be repaired within a reasonable time after the expira- tion of notice, at the expense of such proprietor against whom the same may be recovered by summary proceeding in the Recorder's Court. Sidewalks to be kept clean. Security against excavations for oellart. Collar doors. Steps descend- iDg from street to DO enclosed and liglited. Sec. 10. It shall be the duty of the occupant, or in case there is no occupant, of the owner or any person having the care of any building, or lot of land on any street or square in the said City, to keep the sidewalk in front of, or adjoining, such building or lot of land, in a proper state of cleanliness, from the first day of May, to the first day of December, every year, under a Penalty not exceeding Twenty Dollars for each offence. Sec. 11. Any person who shall make or keep open, or cause to be made or kept open, any excavation for cellars or other purposes, on the line of any street or so near thereto as to endanger the safety of foot passengers, shall cause such exca- vation to be well and properly secured by a substantial railing or covering to the satisfaction of the City Surveyor, during the prosecution of the work. Sec. 12. All proprietors or occupiers, or person or persons having charge of any house or building in the said City, having cellar doors made on the foot-path or sidewalk opposite their premises, shall constantly keep the said doors in good repair and shut after dark ; they shall not leave the said cellar doors open, or suffer the same to be left open in the day time for any greater length of time than may be reasonably suffi- cient for getting into or out of the same such goods, wood, or effects as may be intended to be introduced into or taken out of such cellar ; and during the time the said cellar door shall remain open in the day time for the purpose aforesaid, it shall be the duty of the proprietor or occupiers of said premises, to put on each side of the opening of such cellar door a suf- ficient guard, to be at least three feet high, so as to protect passengers from injury. Sec. 13. Every entrance or flight of steps, descending imme- diately from any street, or public way into any cellar or base- ment story of any building, where such entrance or flight of \ BY-LAWS OF THE CITY OF MONTREAL. 881 flight of steps shall not be safely and securely covered, shall be enclosed with a railing on each side, permanently put up, at least three feet high from the top of* the sidewalk or pavement, together * with either a gate to open inwardly, or two iron chains across the front of the entrance way, one near the top and the other half way from the ground to the top of the railing ; and such gate or chains shall, unless there be a burning light over the steps to prevent accidents, be closed during the night. And any person, who shall be guilty of a violation of any of the provisions of this or the next preceding section, shall be liable to a Penalty not exceeding Twenty Dollars, and a like penalty for each and every day during which or any part of whicli such violation continues ; which penalty may be recovered of the owner, occupant or other person having charge of such building. Sec. 14. No person shall plant any tree on any sidewalk No trees to bo or street of the said City, without leave first obtained from the outpermiesion. City Surveyor, who shall have power to remove the same, if deemed necessary in the interest of the public. Sec. 15. Whenever, during the winter season, snow or ice snownottobo shall accumulate on any of the sidewalks in the said City, or cumufato'o?cr any portion of them, it shall be the duty of the person owning, side-paths. occupying, or having charge of the house, building, or lot of ground, before which such accumulation as aforesaid shall be, to cut the said snow or ice down to a depth of six inches above the surface of the said sidewalks, so that the same shall be uniform with that of the adjoining property, unless otherwise ordered, or permitted by the City Surveyor ; under a Penalty not exceeding Twenty Dollars, for each offence : Provided however that the snow or ice to be removed from such sidewalks may be thrown into the roadway in front of the said house, building or lot of ground ; but in doing so, the person owning, occupying, or having charge of such house, building, or lot of ground, shall cause such snow or ice to be broken into small pieces and spread uniformly over the sur- face of such roadway. Sec. 16. Should the person ovrning, occupying, or having Duty of sur- charge of any house, building, or lot of land, in the said City of neglect 382 BY-LAWS OP THE CITY OF MONTREAL. Ice on Bame to be made rough. neglect or refuse to comply with the provisions of the next preceding section, it shall be the duty of the said Surveyor to cause the work therein ordered, to be dono, at the expense of the party guilty of such neglect or refusal, from whom the said Corporation shall recover the amount of the said expense by summary process in the Recorder's Court. Sec. 17. Whenever the snow shall become so congealed, or ice formed, on any of the sidewalks, or portions thereof, in the said City, as to prove dangerous to passengers, it shall be the duty of the person owning, occupying, or having charge of the house, building, or lot of ground, before which the side- walks shall be in such state as aforesaid, to cause ashes to be strewed thereon, or the ice or congealed snow to be made rough, by cutting the same, under a Penalty not exceeding Twenty Dollars for each offence. Sec. 18. It shall be the duty of every proprietor or propri- etors, or company of persons having any cellar shoot, or other aperture, in the streets or sidewalks in the said City, to cause the iron plate or plates, over such shoot or aperture, to be roughed or studded on the exposed surface thereof, or other- wise made so as to prevent danger to passengers therefrom, under a Penalty not exceeding Twenty Dollars for each offence. Plates over slioots, &c.. in streets to bo roughed. No iron plates to be placed over cellar doors unless made rough. Snow or ice on roofs to be removed. Sec. 19. No person shall place on the mouth of any cellar shoot, or other aperture whatsoever, in any of the squares streets, lanes, or sidewalks, in the said City, any iron plate or plates not made rough or studded on the outer surface, or otherwise made so as to prevent danger to passengers, under a Penalty not exceeding Twenty Dollars for each offence. Sec. 20. No person occupying or having under his charge any house, part of any house, store-house, or part of any store-house, building, or part of any building in this City, shall allow snow to be accumulated, or ice to be formed on the roof of such houses or buildings, or any part thereof, in such a manner as to subject the passers-by to any danger, under a Penalty not exceeding Twenty Dollars and an Imprisonment not exceeding Thirty Days, for each offence. \ BY-LAWS OP THE CITY OF MONTREAL. 883 Sec. 21. The snow or ice accumulated or formed on the uy whom, said roofs as aforesaid, shall be removed or thrown down by the party or parties having charge of such houses and build- ings, before the hour of nine o'clock in the forenoon, and pro- per means shall be taken by them to warn passers-by in the streets of the fact, under a Penalty not exceeding Twenty Dollars and an Imprisonment not exceeding Thirty Days, for each offence. CHAPTER XXXI. By-Law concerning Vaults and Cisterns. B E it ordained and enacted by the Council of the City of Montreal, as follows : Sec. 1. The Road Committee, on application for that pur- Permission to pose, is hereby empowered to give permission to construct bywhomgiTen! any Vaults or Cisterns in the streets, provided, in the opinion of a majority of said Committee, no injury will come to the public thereby. Sec. 2. No person shall cause any Vault or Cistern to be No vault to bo constructed or made in any of the streets in the said City of withoiupor- Montreal, without the written permission of the Road Com- ™ ^'°"" mittee. Sec. 3. Every application for permission to erect such Formofappii- Vault or Cistern shall be in writing signed by the proprietor pormisBion. making the same, and shall state the number of square feet of ground which is required for the same and the intended length and width of the same. Sec. 4. After obtaining permission to construct or make Amount to be such Vault or Cistern, and previous to the commencement applicant, thereof, the person so applying shall forthwith pay to the City Treasurer the sum of Twenty-five cents per each square foot of ground mentioned as required for such Vault or Cistern. a84 BY-LAWS OP THE CITY OP MONTREAL. Itvftiilattoni for cuimtruotlng vaults. Ibid. MiM of vault*. Sec. 5. No person shall erect or build, or cause or permit any Vault or Cistern to be made which shall extend further than the line of the sidewalk or curb stone of any street in the said City. Sec. 6. It shall be the duty of every person for whom any Vault or Cistern may be constructing, to cause or procure the same to be measured by the City Surveyor, and to deliver to the Road Committee a certificate of the said measurement, signed by the said Surveyor before the arching of such Vault or Cistern shall be commenced ; for each of which certificates the City Surveyor shall be entitled to receive, on behalf of the Corporation of the said City from the party requiring the same, the sum of Four Dollars. Sec. 7. If it shall appear by such certificate or otherwise that such Vault or Cistern occupies a greater number of square feet than shall have been paid for as aforesaid, the owner of such Vault or Cistern shall, in addition to the penalty herein- after provided, pay Twenty-five cents for each square foot of ground occupied by such Vault or Cistern, over and above the number of square feet paid for as aforesaid. Sec. 8. It shall be the duty of every person or persons engaged in building Vaults or Cisterns as aforesaid, to inclose the ground taken or appropriated for such Vaults, with a fence or railing, in such a manner as to prevent danger to street passengers; and to continue and uphold the said fence or railing until the work shall be completed or the danger removed. Sec. 9. All Vaults or Cisterns shall be constructed of brick or stone, in a solid and substantial manner, and the outward side of the grating or opening into the street shall be either within twelve inches of the outside of the curb stone of the sidewalk, or within twelve inches of the foundation wall of the front of the house or building to which such Vault shall belong. (iia« I. lid back. ) 5 00 00 00 \ Any S Any place in 1 26 40 40 50 i of an hour, j another Division > 1 ( over 3 of an Division, i and back, ) (Per Hour) 36 60 60 75 J hour and un- ' ( der one hour. Place, i Any other m the f City. J 60 20 70 30 T5 30 1 00 40 One hour. t For every ) additional ( i hour. j BY-LAWS OF THE CITY OF MONTREAL. 801 Sec. 16. No such Owner, Driver, or other person sliuU deii-iiKl (»r exact a higher rate or charge, or In^hor rate* or chiiiges, tlmn that or those Bpecified in the uluicwikl Tariff; pro.ulod that in evary description of vehicle each p*K*onger eliall be al' wed a roa8onul)le weight of lu^£j? Ta-iirnotto supersede any specihc arriingement whuch parties luring %^-^'k •rr«nK>iuout. vehicles, as aforesaid, may make with the drivers or ownei thereof. Sec. 18. No person or persons who shall or may emplr^y n. n^r-m any licensed Carter, or cause himself, herself, or tliomsoh s, " " or his, her, or their effects^ to be carried, conveyed, ir driv in any public-licensed vehicle in the s>aid City, shall refuse to pay the just and established faro therefor, or the faro agrtoif to bo paid therefor. Sec. 19. There shall be affixeii by the Owner or Driver < each and every Hackney Carriag( , in a conspicuous place iu the inside thereof, a card, on whicli shall bo printed the above Tarifif of Rates, with the number ot the vehicle and name of the owner legibly written thereon. Sec. 20. The provisions of the foregoing sections of this rr- By-law shall apply, and be held U apply, to Sleighs and to s Avinter vehicles of that description which shall use any of the stands aforesaid. to l<. lllO tark 'tro. ' lo i*e 'I in the am ■d Article 9. CAET8, TRUCKS, &c. Sec. 21. Each Cart, Truck,Wagon, Dray, (?eaft?c, or corros- Lioonsc. ponding winter vehicle, and every other vehicle, Avhich shall be used within the City of Montreal for the conveyance from place to place, within the said City, of wood, coal, lumber, slate, stone, brick, lime, sand, gravel, clay, bread, biscuits, milk, beer, porter, ale, whisky, spirituous liquors, goods, wares. 392 BY-LAWS OF THE CITY OF MONTREAL. Chief of Police may grant licenses. furniture, merchandise, building materials, or any other article, or thing whatsoever, whether of u like description or not, shall be licensed, as hereinafter provided, and shall have placed upon the same, the number of the license in plain legible figures of not less than one inch in size, and so that the same may be distinctly seen ; and if the owner of any such vehicle shall use, or suffer the same to be used, or if any other person shall use any such vehicle, without being licensed as hereinafter provided, or Avithout having the number so placed as aforesaid, or without having paid for such license and num- ber the rates and duties severally imposed in and by the Tariff contained in the subjoined schedule, they or either of them shall be liable to a Fine not exceeding Twenty Dollars, or to an Imprisonment not exceeding Thirty Days, or to both fine and imprisonment, for each offence. S'^c. 22. The Chief of Police is hereby authorized to grant licenses to such persons as may be deemed entitled to the same, to use and to drive, any such vehicle as aforesaid, within the City of Montreal, and to demand and exact for such licenses and numbers, the several rates and duties specified in the said Tariff; and a record of all licenses so granted shall be kept by the Chief of Police, who shall make at least once a week a return of all sums so received, and shall pay over the same to the City Treasurer. Sec. 23. All licenses granted, as aforesaid shall expire on the first day of May next, after the date thereof. Sec. 24. The Chief of Police, shall fix and determine the place or places on the said vehicles where the said numbers shall be attached, and the manner in which the same shall be so attached to the said vehicles ; and no owner or driver of any vehicle as aforesaid, shall use, or suffer such vehicle to be used with any other number upon the same than that assigned by the Chief of Police ; nor with such number placed on any other part of such vehicle than that determined upon and specified by the said Chief of Police. Sec. 25. The following described places shall henceforth be the only stands in this City on which it shall be lawful to Licenses, wlien to cxpije. Manner of numbering. Stands for cart«,trucks,&c. BY-LAWS OP THE CITY OF MONTREAL. 898 place for hire Carts, Trucks, Waggons, and such like vehicles, and corresponding winter vehicles, namely : Firstly, — That part of Commissioners' Street along the harbour revetment wall, from Jacques Cartier Square to Youville Street ; provided the vehicles be ranged in a single line, with the horses' heads directed up the river. Secondly, — That part of Commissioners' Street, from the Custom House Square to the Canal Basin, the vehicles being ranged in single line, with the horses' heads directed towards McGill Street. Sec. 26. In every case where the above described stands when itandt ., .11 .. r L J.I. ^ are intersected are mtersected by cross streets, rampways or footpaths, clear by streets, corresponding spaces shall be left for the same. Sec. 27. The said City shall, for the purposes of this By- citydwided law, be divided into three divisions, as follows : divisions. The First Division shall comprise the East, Centre and West Wards, (including the South- West side of McGrill street and the North- West side of Craig Street,) and shall be sub- divided into two sections, Eo'^tern and Western, the line of demarcation between them being the centre of St. Lambert and St. Jean Baptiste Streets. The Second Division shall comprise the St. Ann, St. An- t'oine, and St. Lawrence Wards (exclusive of McGill and Craig Streets). The Third Division shall comprise the St. Louis Ward (exclusive of Craig Street), the St. James and St. Mary's Wards. Sec. 28. The following shall be the Tariff of rates or charges Tariff of faro» for all Carts, Trucks, Waggons, or other such vehicles, for °' ""' **"^" public hire, in this City ; and it shall not be lawful for the drivers or owners of any such Carts, Trucks, Waggons or other such vehicles for public hire in this City, to demand or exact for the transport or conveyance of any goods, wares, merchandise, or effects whatsoever, from any one place to any other or others, in the said City, higher rates or charges than the same, viz : — zz 394 BY-LAWS OF THE CITY OF MONTREAL. TARIFF OF CARTAGE. GENERAL RATES. From any place to any other in the Ist Division, or From any of the Har hour wharves to any place In the tnd or 3rd division within ) a m DESCRIFTION CONTENTS from uny plnco (exclusive of the distance from the boundary line of the For every nddf- Haibourwharvcs] Ist division and vice- or ov to any place In the verm, or from any tlonal City and rire- place (exclusive of th< half GOODS. LOAD. rerwi provided the distance do wharves) to any othei In the City and vice vena, provided the dis tauco do not exceed V. mile. mllo. ' • not exceed J of a mile. Articles not herein enumerated (of Cts. Cts. a convenient bulk) Not over 1,500 lbs. weight Two barrels Five barrels or 8 tierces. . Ashes, Pot or Pearl Beef, Pork or Fish Coals or Coke Haifa chaldron or ^ a ton One crate or I hogsnead, . Seven barrels Not over 1,600 lbs. weight Crockery 16 Flonr or Fruit 26 Grain Lumber-Sawn, fh>m yard or boat. 500 feet, board measure . . Salt or Rice Six bags or 6 barrels Haifa cord 3 feet long. . . 10 Firewood-dry from boat or yard. " green or from raits Furniture or Luggage Per load Lumber-green or hard from rafts. 500 feet, board measure . . 20 30 Molasses, Sugar or Oil One puncheon, hogshead' or ■ bad Fig Iron, Lead, Copper or Tin.. . . One ton 25 86 Bar Iron or Steel 11 30 40 J SPECIAL. RATES. FROM TO Any place In the Western Section of the First Division. Anyplace in the Eastern Suction of the First Divisiim. The stores and wharves below Wellington bridge north side of Lacliine Canal Cts. 20 25 26 35 30 20 25 eta. 26 And The stores and wharves below Wellington bridge, south side of Lachine Canal 80 vice- versa for • The basins above Wellington bridge, north side of Lachine Canal The basins above Wellington bridge, south side of Lachine Canal, and the Stores, Stations, Factories, &c., at Point St. Cliarles 80 40 one load. The Stores, Factories, &c., at and above St. Gabriel Locks north of La- chine Canal The St. Bonaventure Street Railway Station " from the lower wharves of the Harbour 36 26 80 For any excess over the quantity or weight fixed for a load, additional pro rata rates shall bo paid. If delav is caused to the Carter by the employer beyond the time usually required for loading, the Carter shall be paid extra for such delay at the rate of five cents for every quarter of an hour. If a Carter is called, and there be no load ready for him, or if he bo unable to load the goods or articles for want of aasistanco, he shall be paid as if be carried a load the distance thus unnecea- sarily travelled. Har i»ny DrStd (am, the (the 1 vice- any of the ■ other I vice-] hciliH-' For every addi- tional halt milo. 10 ROM in Anyplace In the Eastern oijcllon of the First Division. ct«. 26 80 40 85 26 80 rates ehall bo r loading, tho 1 hour, the goods or lius uunccea* BY-LAWS OP THE CITY OP MONTREAL. 395 /■ Article 3. VEHICLES IN GENERAL. Sec . 29. No Carriage or Vehicle of any description, whether Beiis required of burden or pleasure, shall be driven through any part of the City of Montreal during any time that the snow or ice shall be upon or cover the streets of the said City, unless there shall be two or more bells attached to the horse or horses, or some part of the harness thereof. Sec. 30. No person driving any Carriage or Vehicle, or Pace at which riding any horse, mare, gelding or other beast in or through °"^ the said City, shall permit the beast or beasts to run, gallop, trot, pace or go at any rate exceeding six miles to the hour. Sec. 31. No owner, driver, or other person having the care carriagea shall of any Truck, Cart,Waggon or other Vehicle, whether used for obstruct foot burden or pleasure, shall stop or place such Vehicle ator near the intersection of any street, lane or alley, in such manner as to cross the footing or flag stone, or prevent foot passengers from passing the street, lane or alley in the direction or line of the footway or flagstone on the side of such street, lane or alley. . Sec. 32. No person shall drive any horse faster than a Horses with walk, when coming out of any cross street or court-yard into walk in coming any of the main or leading streets in the said City, or in turn- streets, &c. ing any comer of a street or square in the same. Sec. 33. No person shall use any wheel-carriage on the no wheel streets of the said City, during the winter, after the City useda^rnotice Surveyor shall have given public notice, prohibiting the use of all such wheel-carriages within the City, which prohibition shall continue until a notification to the contrary is issued by the said officer. from Surveyor. Sec. 34. All licensed drivers of any public Vehicle of any Quaiiflcation kind whatsoever, shall be properly qualified for the business from age and experience ; and the license, whether to drivers Licenses nawe or owners, shall be liable to forfeiture, for incompetency or 396 BY-LAWS OP THE OITJ OP MONTREAL. misconduct, or on conviction of drunkenness or any other mis- demeanour. Drirers to exhibit tariff. Sec. 35. Every driver of any public licensed Vehicle for hire in the said City, shall, when required so to do, by any such passenger, in such Vehicle, exhibit a copy of the Tariff of rates of conveyance hereinbefore mentioned. Drivers to give Scc. 36. Every owner, driver, or person having charge vehicle. of any Vehicle aforesaid, in the said City, shall, upon being requested so to do, give the number of his Vehicle, the name of the owner thereof, and his place of abode. Shall not snap Seo. 37. No person having charge of any Vehicle, on any whip, &c. of the stands aforesaid, shall wantonly snap or flourish his whip, or needlessly leave such Vehicle, or annoy passengers in the street by seeking for employment. Carters to accoraraodato first applicant. Carts or tumbrels. Tumbrels for carting lime. Tumbrels for loose materials. Sec. 38. Every carter, or driver of any public licensed Carriage or Vehicle for hire when unemployed, shall be held to accommodate the first person who shall offer him employ- ment ; and no carter or other person aforesaid when unem- ployed shall loiter about, or remain on any other place than on one of the stands aforesaid. Sec. 39. No carter shall make use of, for hire within the said City, any Cart or Tumbrel, that shall contain less than two hogsheads, except in cases hereinafter provided for, and which shall not have been previously measured and stamped by the Chief of Police . Sec. 40. All Tumbrels used for the carting of lime shall be capable of containing three Bariques, and those for sand two Bariques, in both cases to be stamped, in the manner desig- nated in the preceding section. Sec. 41. All Tumbrels, or other such Vehicles, used in the said City, for the transport of loose or liquid materials, shall be so constructed as not to drop or lose any of the load in the streets ; and no person shall hereafter use or drive in any part of the said City, any Tumbrel or other such Vehicle if otherwise constructed than as herein provided. BY-LAWS OF THE CITY OF MONTREAL. 397 Sec. 42. Every Cart, Truck, or such like Vehicle, shall be carte, tmokH, provided with a driver. It shall, however, be allowable for drivers, one driver to have charge of two such, when the led horse and cart are securely attached to the one preceding it. Sec. 43. It shall be the duty of the Chief of Police, and of roncemen to visit) StftllllH the officers and men under his command, to visit the public stands and places where Vehicles for hire are permitted to stand ; and thereat, as well as elsewhere, at all times, and in all places in the said City, to enforce the rules and regula- tions respecting such Vehicles, and the drivers thereof, and to maintain order amongst the same, and to report to the Clerk of the Recorder's Court all oflfenders against any of the pro- visions of this By-law. Sec. 44. No person shall exchange, lend out, or employ, Exchange his, her or their numbers, for which licenses have been taken prohibited! out ; neither shall any person have a number on his, her, or their horse, different from the number attached to the Vehicle. Sec. 45. It shall not be lawful for the drivers of Vehicles Drivers to frequenting the public stands in the said City, or any of them, vehicles.*^ to stray or absent themselves from the Vehicle or Vehicles under their charge. Sec. 46. In each and every of the licenses for Carriages or Licenses to Vehicles, kept or used for hire within the said City, by others *^^' ^^ ^ ^»- than livery stable keepers, to be hereafter issued, the kind of summer or winter Vehicle for which such licenses shall be taken out, shall be distinctly mentioned ; and no person shall here- after use for hire any kind of Vehicle within the said City, being of a different kind from that for which such person shall have a license aa aforesaid, or permit any person in his em- ploy so to do. Sec. 47. No person shall forge or fraudulently multiply rorccryof any of the numbers issued under the authority of the Chief of °" ' ^'*' Police, for Vehicles for hire, in the said City; neither shall any person make or cause to be made, a copy or copies of the same, or shall have affixed to his horse or Vehicle, any number or numbers which have not been so issued. 808 BY-LAWS OP THE CITY OF MONTREAL. Moponon in ol Sec. 48. No person shall obliterate, deface, reverse, cover Rlmll obliterate , , . , j mi ^^.^ ^i numbort. over, or by any contrivance conceal or render illegible, the number or numbers of his Vehicle or Vehicles, or permit the same to be done. If umbora may' bo painted on vcliiolos. Sec. 49. Every peraon, being the owner or owners of any Vehicle or Carriage, for hire in the said City, who shall prefer to have the number or numbers for which a certificate or certificates of registry has or have been procured, ptunted on any such Vehicle or Vehicles, shall be required to apply for and obtain the leave of the Chief of Police of the said City, so to paint the said number or numbers on any such Vehicle or Vehicles; and shall, moreover, in every such case, after leave has so as aforesaid been obtained, be further required to cause the same to be painted on such Vehicle or Vehicles so as to correspond as to size and colour with the tickets of numbers issued under the authority of the said Chief of Police. Todtimoniaig of Scc. 50. Each and every person hereafter applying for a fo bo produood Hccnse under this By-law shall, if required, before obtaining roqu re . ^^^q game, produce and file a testimonial or certificate, which shall bo satisfactory to the Chief of Police, of his or their honesty, sobriety, and upright character, and of his or their capacity and means to keep a good horse and Vehicle. Sec. 51. Master carters, employers and owners of horses and Vehicles, shall in all cases, be liable for the misconduct or negligence of their servants, drivers, or persons in their employ, or having charge of their horses or Vehicles ; and for each offence committed by their said servants, drivers, or other persons in their employ, or having charge of their horses or Vehicles, against any of the provisions of this By-law, the said master carters, employers, and owners of horses and Vehicles shall be liable to the same fine and penalty as are therein and thereby imposed upon the said servants or drivers, or other persons aforesaid, the actual offenders. Sec. 52. Any and all persons, offending against any of the provisions of this By-law, shall, for each offence, forfeit and Matter carton llablo for nilH- conduct of drlvora. Ponalty. BY-LAWS OP THE CITY OF MONTREAL. 899 pay a Fine not exceeding Twenty Dollars and costs of prose- cution, and be liable to Imprisonment in the Common Gaol or in the House of Correction, at hard labour, for a period not exceeding one calendar month. Sec. 53. The several rates enumerated and specified in the Tariff of ratos Tariff contained in the subjoined Schedule shall be the rates paid by carters, which the Chief of Police shall be and is hereby authorized to annually demand and exact for the license for any of the Carriages or Vehicles therein mentioned. (Schedule.) TARIFF OF RATES To be collected annually by the Chief of Police for licenses issued to carters and others using hackney-carriages or vehi- cles for the conveyance of passengers, or the transport of goods, wares, merchandise, building materials, produce or other articles, in the City of Montreal. HACKNEY CARRIAGES. 1. For every Cab, Caleche, or other two wheeled vehicle — Five dollars $5.00 2. For every four wheeled Carriage drawn by one horse — Seven dollars 7.00 3. For every coach or four wheeled Carriage drawn by two horses — Nine dollars 9.00 4. For every Omnibus or Stage coach — Sixteen dollars 16.00 CARTS, TRUCKS, WAGGONS AND OTHER VEHICLES. The licenses for Carts, Trucks, and other vehicles used for the conveyance of goods, wares, merchandise, etc., shall be divided into three classes, as follows : The first class shall include all Carts, Waggons, and other vehicles running within the City for hire or reward not other- wise expressly provided for, and shall pay : — 5. For every Cart, Truck, or other two wheeled vehicle — Two dollars 2.00 400 BY-LAWS OP TUB CITY OF MONTREAL. 6. For every Waggon or four wheeled vehicle drawn by one horse — Six dollars $6.00 7. For every Waggon or four wheeled vehicle drawn by two horses, and made to carry a load under 4,000 lbs. weight — Seven dollars 7.00 8. For every heavy Waggon, float or other four wheeled vehicle drawn b^^ two or more horses, and made to carry heavy articles or materials weighing 4,000 lbs. or upwards — Nine dollars 9.00 9. For every Diable 4.00 10. The second class shall include all Carts, Wag- gons or other vehicles used by Merchants, Traders, Manufacturers, Contractors for the conveyance or delivery of the articles or effects dealt in, manufactured or made use of by them, for each of which there shall be paid, in addi- tion to the rates charged for in the first class — Two dollars and fifty cents 2.50 11. The third class shall include all Carts, Wag- gons, or other vehicles used by Expressmen, Bakers, Brewers, Distillers, Farmers or Gar- deners, for each of which there shall be paid, in addition to the rates charged for in the first class — Five dollars 5.00 Parties obtaining licenses, as aforesaid, shall moreover pay the annual assessment on all working horses employed in drawing the above mentioned vehicles or Carriages, at the rate of two dollars and fifty cents (|2.50) each, and also twenty-five cents for each number granted by the Chief of Police. The same rates shall apply to all corresponding winter vehicles. De BY-LAWS OP THE CITY OP MONTREAL. 401 CHAPTER XXXIII. By-Law concerning Water Courses. BE it ordained and enacted by the Council of the City of Montreal, as follows : Sec. 1. Every proprietor of real estate situate within the Proprietors to IccPD wfttcr* limits of the said City, and through which a natural Water courses in good •' ' ° order. Course may pass, shall be held and obliged to keep the section of the said Water Course passing through his property as afore- said, in good order at all times, so that the water may have its free course, without any obstruction or hindrance whatever ; and every such proprietor shall be held and obliged to make all the necessary works to that eflfect. Sec. 2. No person shall obstruct any natural Water Course water-courses . ,, . i /^.. . , . . . to bo unob- m the said City, or m any way or manner whatsoever mter- structed. fere with the same, so as to impede or disturb its course ; nor shall any person cover any natural Water Course or erect thereon any building whatever, unless the same be previously viewed and laid out by the City Surveyor or his Deputy, nor in any other manner than the said Surveyor or his Deputy shall direct; and any person who may hereafter cover any Notice to cov such Water Course, or erect thereon any building as aforesaid, shall, before doing so, give at least eight days' notice of his or her intention so to do, to the said City Surveyor, who shall thereupon examine the premises and determine the manner in which the work shall be done, or the building erected, so as not to interfere with or impede the natural flow of the water. or. Sec. The City Surveyor or his Deputy may, at all times. Powers of city enter upon any lot of ground or property in the said City relation to wator-coursos through which a Water Course shall pass, and whenever any such Water Course is found to be out of order, or contrary to the provisions hereinbefore enacted, the City Surveyor or his Deputy shall give notice thereof in writing to the proprietor 402 BY-LAWS OF THE CITY OP MONTEBAL. of such lot or property, calling upon him at tho same time to make the necessary Avorks so as to put the said Water Course in good order within fourteen days ; and if at the expiration of that time, the said works are not made, the said City Sur- veyor or his Deputy may, and he is hereby authorized to cause the said works to be made at tho expense of the said proprietor, who shall be held and obliged to reimburse the cost thereof to the Corporation of the said City of Montreal. Sec. 4. The said Council, whenever they may deem it in the interest of the City so to do, may order any Water Course in the said City to be diverted, altered, stopped or discon- tinued. Water-oonrscs may bo diverted, &o. renalty. Sec. 5. All persons offending against any of the provisions of the present By-law, oi who shall prevent or endeavour to prevent its proper execution, shall incur a Penalty not exceed- ing Twenty Dollars, and bo liable to an Imprisonment not exceeding Thirty Days, for each offence. CHAPTER XXXIV. By-Law concerning By-Laws. ARTICLE I. OF THE CONSTRUCTION AND EFFECT OF BY-LAWS IN CERTAIN CASES. AliTICLE II. OF THE REVISED BY-LAWS, AND THE REPEAL OF CERTAIN BY-LAWS. Article 1. OF THE CONSTRUCTION AND EFFECT OF BY-LAWS IN CERTAIN CASES. AT a special Meeting of the Council of the Jity of Mont- real, held in the City Hall of the said City of Montreal, this tenth day of May, in the year of Our Lord One Thousand Eight Hundred and Sixty-Five, in the manner and after the observance of all the formaUties prescribed by law ; at which said Meeting not less than two-thirds of the Members of the Council, to wit, the following Members, are present, viz : His fii b( BY-LAWS OP THE CItT »>F MOWtRY ili. 408 time to Course [ition of y Sur- ized to iho said rso the ontreal. )m it in ■ Course discon- •ovisions ivour to exceed- aent not r-LAWS IN lEVEAL OF S IN of Mont- Montreal, Thousand L after the ; at which lers of the b,viz: His Worship the Mayor, J. L. Beaudry, Esquire; AM'^ eft: Gronier, Rodden, Gorrie, David, Bowie, Holland, Ste iukjh, McCready ; Councillors : McGibbon, Devlin, LaboUe, (i eiUs, McNevin, Higginson, McGauvran, Leduc, Poupart, Arch. n- bault, Alexander, Ogilvie, Brown, Isaacson and Cassidy. It is ordained and enacted by the said Council as follows : Sec. 1. Whenever in any By-law any Committee is men- committeM tioned by the name or title of such Committee, all the pro- rouiidi. iww visions therein contained, relating to such Committee, shall bo iiy'-iawi. construed to apply and refer to the Committee of the City Council, designated by such name or title. Sec. 2. Whenever the word " street" or " streets" is men- xho word " stroot " do* tioned in any By-law, it shall be construed to include highways, flnod. roads, avenues, courts, public lanes and alleys; and it shall slso be construed to include side-walks or foot-paths, unless the contrary is expressed, or such construction would be in- consistent with the manifest intent of the City Council. Sec. 3. Whenever any words in any By-law, importing the Cdrtain words, plural number shall be used in describing or referring to any.'°* oonatruo , matters, parties or persons, any single matters, party or person, shall be deemed to be included, although distributive words may not be used ; and when any subject matter, party, or person, shall be referred to in any By-law, by words importing the singular number only, or the masculine gender, several matters, parties or persons, and females as well as males, and bodies corporate, shall be deemed to be included ; Provided that these rules of construction shall not be applied to any By-law, which shall contain any express provision excluding such construction, or where the subject matter or context of such By-law may be repugnant thereto. Sec. 4. Whenever in any By-laAV, the doing of any act, or rennitiGsin duty, is declared to be a breach thereof, and there shall be no v?ded"for,*" fine or penalty declared for such breach, any person who shall be convicted of any such breach, shall be liable to a Fine not exceeding Twenty Dollars, or an Imprisonment not exceeding Thirty Days. 404 BY-LAWS OF THE CITY OP MOJTTREAL. ItoviHod By- laws of tho CItv of Motit- roal deicrlbod Article 9. OF THE REVISED BY-LAWS, AND THE REPEAL OP CERTAIN BY-LAWS. Sec. 6. Tho following By-laws, sovorally described by chapter and title, printed and contained in tho preceding iKic!**^'*""^ pages, that is to say, in a book entitled Municipal Laws, printed and published by direction and authority of tho said Council, and purporting to be The Charter and Bij-laws of tlic City of Montreal, together with Misocllaneoua Aotn of the Legislature relating to the City, tvith an Appendix; com- piled, revised and codified, hy order of Hie City Council, hy Charles Olackmeyer, City Clerk, and also this IJy-law, bo and the satire aro hereby ordained and declared to bo the revised By-laws of the City of Montreal, and to bo in full force and effect from this day, that is to say : Chapter I. By-law in relation to the Mayor. Chapter II. By-law in relation to the City Clerk. Chapter III. By-law in relation to the City Treasurer. Chapter IV. By-law in relation to the City Surveyor. •Chapter V. By-law to provide for the care and manage- ment of tho Montreal Water Works, and to establish a Tariff of Water Rates. Chapter VI. By-law in relation to Assessments and Taxes. Chapter VII. By-law to establish a Board of Health in the City of Montreal. Chapter VIII. By-law in relation to the Manufacture and Sale of Bread. Chapter IX. By-law concerning the Erection of Buildings. Chapter X. By-law concerning Burials. Chapter XI. By-law to establish and regulate the City Passenger Railway. Chapter XII. By-law to regulate the Sale and Measurement of Coal. Chapter XIII. By-law concerning Dogs. Chapter XIV. By-law in relation to Ferries. Chapter XV. By-law concerning the Fire Department. BY-LAWS OF THE CITY OF MONTREAL. 4o;> Chapter XVI. By-law coiicorning Firewood. Chapter XVII. By law concerning offences against good morals and decency. Chapter XVIIt. By-law concerning Gunpowder. Chapter XIX. By-law concerning Public Markets and the sale of Meats, Vegetables, &c. Chapter XX. By-law in relation to Masters and Ap- prentices. Chapter XXI. By-law concerning Nuisances. Chapter XXII. By-law establishing and regulating the Police Department of the City of Montreal. Chapter XXIII. By-law to preserve Public Peace and Good Order. Chapter XXIV. By-law concerning Public Squares. Chapter XXV. By-law concerning Public Pounds. Chapter XXVI. By-law to establish a Tariff of Fees for the Public Crier. Chapter XXVII. By-law to establish a Tariff of Foes for the Recorder's Court. Chapter XXVIII. By-law concerning Sowers. Chapter XXIX. By-law concerning Streets. Chapter XXX. By-law concerning Sidewalks. Chapter XXXI. By-laAV concerning Vaults and Cisterns. Chapter XXXII. By-law concerning Vehicles. Chapter XXXIII. By-law concerning Water-courses. Sec. 6. All By-laws of the City of Montreal, heretofore uy-iowv passed in relation to the subject matter of, or inconsistent '"''i'®"''"* with any of the By-laws named or mentioned in the next pre- ceding section shall be and the same are hereby severally repealed : Provided, that such repeal shall not affect any act done or any right accruing or accrued, or established, or any suit, action or proceeding had or commenced in any civil case before the time when said repeal shall take effect, nor any offence committed, nor any penalty or forfeiture incuiTcd, nor any suit or prosecution pending at the time of such repeal, for any offence committed, or for the recovery of any penalty, forfeiture, taxes, rates or assessments incurred or due under any of the By-laws so repealed. 406 BY-LAWS OF THE CITY OF MONTREAL. Authentioation of revised By-laws. Sec. 7. The said revised By-laws of the City of Montreal, contained in the aforesaid entitled Municipal Laws, purport- ing to contain The Charter and By-laws of the City of Mont- real, together with Miscellaneous Acts of the Legislature relating to the City, with an Appendix ; compiled, revised and codified by order of the City Council, by Charles GlacJc- meyer, City Cleric, shall be, and the same are hereby declared to be printed and published by the direction and authority of the said Council. )ntreal, furport- ■ Mont- islature revised Q-lack- eclared lority of 1 ^ ti la 0] w ir A V of w in th cc w' fi< t: oi as LAW ON EXPROPRIATIONS, ETC. 409 APPENDIX. Law on Expropriations, &c. (27 AND 28 Victoria, Cap. 60.) An Act to amend the Acts relating to the Corporation of the City of Montreal, and for other purposes. (^Assented to 30th June, 1864.) WHEREAS the Corporation of the City of Montreal have Preamble, by their petition represented that in consequence of the rapid extension of the City of Montreal, it has become necessary to make out a general plan of the said City, and to lay out, fix and determine the Public Streets and Squares opened or to be opened, continued, extended or widened, within the limits of the said City, and for that purpose to vest in the said City, incorporated under the name of the Mayor, Aldermen and Citizens of the City of Montreal, more ample powers than those conferred upon the said City, by its Act of Incorporation, and the Acts amending the same ; and whereas much difficulty is oftentimes experienced in the carry- ing out of the laws now in force relating to expropriations, for the purposes of public utility, and the delays and loss of time consequent upon the defective working of the said laws : and whereas it is expedient to make certain changes and modi- fications in the municipal administration of the said City: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : B* 410 LAW ON EXPROPRIATIONS, ETC. Corporation to employ surveyors to lay out streets of the city. Proviso. The said sur- veyors may enter upon property. They shall make out plans of streets, &c. They shall place bound- ary stones at corners of now streets. The laying out of streets and plan may GENERAL PLAN OF THE CITY OP MONTREAL. 1. It shall be lawful for the said Corporation, at any time, to cause Public Streets, Highways, Places and Squares, within the whole extent of the limits of the said City, to be laid out, fixed and determined at the City's expense, under the direction and supervision of the Road Committee and the City Surveyor, and to give a name to each of the said Public Streets, Highways, Places, and Squares : and for that purpose the said Corporation may employ a sufficient number of Surveyors or other competent persons who shall, with all due diligence, proceed to lay out, fix and determine under the direction and supervision aforesaid, and under as uniform a system as circumstances may admit, such Public Streets, Highways, Places and Squares, of such dimension, width and extent, as may appear to them most desirable for the public interest ; Provided any such Highway or Street shall not be less than forty feet in width. 2. The said Surveyors or other persons employed in the exercise of the duties assigned to them, in and by the preceding section, may, and they are hereby authorized to, enter in day time upon any property or real estate within the limits of the said City; they shall, under the direction and supervision aforesaid, make out plans or maps indicating the Streets, Highways, Public Places, and Squares now existing, as well as those which they shall lay out and determine, by and in virtue of the present Act ; and they shall designate upon the said plans or maps, the new lines of the Streets, or sections of Streets, Public Highways, Places and Squares, that the said Corporation may have resolved to widen, in the interest of the public ; and they are hereby enjoined to place solid and durable Boundary-stones at each angle or corner of the new Streets and Public Squares, and Places by them laid out and established ; which said Boundary-stones shall be shewn upon the said plans or maps. 8. It shall be lawful for the said Corporation to cause the said Streets, Public Highways, Places and Squares, to be LAW ON EXPROPRIATIONS, ETC. 411 J time, within )e laid under Be and of the and for ifficient 9 shall, termine ader as Public lension, 5 for the set shall I in the •eceding r in day bs of the )ervision Streets, , as well f and in apon the ctions of the said terest of lolid and the new 1 out and 3wn upon jause the es, to be laid out, atid the plan or map thereof to be made for each bo made by Ward separately, according to the present division of the City, beginning by such Ward as may be deemed advisable ; but the plans or maps of the different Wards of the said City shall be so xo form but J , J '.1 1 ,1 • 1 ono plan when made as to correspond with each other in such a manner as completed, that, when completed, they shall make but one and the same plan, to be known as " The General Plan of the City of Montreal." 4. When the plan or map for any one of the Wards of the Plan for each said City shall be completed, the said Corporation, by their completed, Attorney and Counsel, shall apply, by summary petition to the confirmation Superior Court for Lower Canada, in the District of Montreal, court. to obtain the confirmation and ratification of the said plan or map, after having given public notice of the day and hour at which such petition shall be so presented, in four newspapers, two of which, published in the French language and two in the English language, in the said City ; provided that the said notice shall have at least two insertions in each of the said four newspapers, and tliat one month at least shall elapse between the date of the last insertion of the said notice, and that of the presentation of the said petition ; the same formalities shall be observed for the plan or map of each of the other Wards of the said City, as such plan is completed. 5. Every such plan or map of a Ward, when confirmedby the Plan when said Superior Court, shall be final, decisive and binding upon bo flnai and ■•• a J. binding upon the said Corporation and the proprietors therein interested, an pi-rties and upon all other persons whomsoever ; and no indemnity or damage shall be claimed or granted at the time of the opening of any of the new Streets, Public Places or Squares shewn on the said plan, or at the time of the widening of any of the Streets, Public Places or Squares indicated on the said plan, for any building or improvement whatsoever that the proprietors or other persons whomsoever may have made or caused to be made, after the confirmation of the said plan, upon any land or property, reserved either for new Streets, Public Places or Squares, or for the widening of any of the said Streets, Public Places or Squares of the said City ; provided that nothing con- concerucd. 412 LAW ON EXPROPRIATIONS, ETC. Now Btroctfl, when lo bu opouuil. Term, now HtrcclH, liow to 1)0 Inter- prvttid. I'rnalfy for inlcrl'iTiiiH with boun- dary stones taincd in this Act shall be construed as depriving the said Corporation of the right of widening or extending any of tho Streets, Public Places or Squares designated in the said plan, ■ after its confirmation, if deemed advisable so to do. Dupiicuto of 6. A duplicate of each of the said plans shall be deposited iilun pruviuod ... , . or. immediately after its completion in the office of tho Prothono- tary of the said Court, and another in the archives of the said Corporation ; and when such plan shall have been confirmed and ratified by the Superior Court as aforesaid, the City Clerk shall make an entry upon the duplicate of the said plan depo- sited in the archives of the said Corporation in the following words : " confirmed by the Superior Court on the day of , one thousand ." 7. The said Corporation of the City of Montreal shall have all the necessary powers to open to the public, whenever the said Corporation shall deem it advantageous to do so in the interest of the City, any new Street, Highway , Public Place or Sijuare shewn on the said plans or maps, and also to widen any of the Streets, Public Places or Squares thereon indicated as widened, after having adopted, however, the formalities and procedure hereinafter prescribed relative to the mode of expro- priation and the levying of special assessments. 8. The designation of new Streets and Public Places or Squares, in and by this Act, applies to such Streets, Public Places or Squares as have not been opened and named before the passing of this Act. 9. Any person who shall remove, or in any manner what- soever injure, the Boundary-stones mentioned in the second section of this Act, shall be held as guilty of a misdemeanor and punishable accordingly ; and it shall be competent for tJie Recorder's Court of the said City to take cognizance of, and adjudicate upon, such misdemeanors. EXPROPRIATION AND SPECIAL ASSESSMENT. Koponi of for- 10. The sixtv-sixth, sixty-seventh, sixty-eighth, sixty-ninth, mor pnnctmonts ■^ ' *; «,./,» n-iaiivo to ex- seventieth, seventy-first and seventy-fourth sections of the Act proprlatlotii) &c. , . , passed m the session held in the fourteenth and fifteenth years LAW ON EXPROPRIATIONS, ETC. 413 a of Hor Majesty's reign, chapter one hundred and twenty-eight, 'the fourth section of the Act passed in the sixteenth year of Hor Majesty's reign, chapter one hundred and twenty-eight, and the thirty-fifth, thirty-sixth, thirty-seventh and fifty-first sections of the Act passed in the twenty-third year of Her Majesty's- reign, chapter seventy-two, and generally all the provisions of the said Acts, or any other Acts, inconsistent with the enactments of the present Acts, shall be, and they arc hereby severally repealed. 11. The Council of the said City of Montreal shall have full power and authority to order, by resolutions, the opening, extending or widening of Streets, Public Highways, Places or Squares, or the construction of public buildings, and to order at the same time that such improvement shall be made out of the City's funds, or that the cost thereof shall be assessed in whole or in part, upon the pieces or parcels of land belonging to parties interested in, or benefited by the said improvement, and to purchase, acquire, take and enter into any land, ground or real property Avhatsoever within the limits of the said City, either by private agreement or amicable arrangement between the Corporation of the said City and the proprietors or other persons interested, or by complying with all the formahties hereinafter prescribed, for opening Streets, Public Squares, Markets or other public places, or for continuing, enlarging or improving the same, or a portion of the same, or as a site for any public building to be erected by the said Council. 12. All Corporations or bodies, and all husbands, tutors, guardians, curators, greves de substitution or trustees, who are or shall be seized or possessed of, or interested in any piece or pieces, lot or lots of gi'ound or real property within the said City, selected and fixed upon by the said Council for any of the purposes aforesaid, may not only for themselves, but for and on behalf of all persons whom they represent, or for whom or in trust for whom they are, or shall be seized, possessed or interested, whether minors, issue unborn, lunatics, idiots, femes covert or other persons, contract for, sell and convey such piece or pieces, lot or lots of ground or real property to City Council may order oponing or widening of streets, and nciiuii'o land tor that pur- pnsc. Under wlint Ibrmnlitics. Corporations, tutors, hus- bands, &c., may sell and convey to the City Council 414 LAW ON EXPROPRIATIONS, ETC. the said Corporation ; and such contracts, sales and convey- ances shall be valid and effectual in law, to all intents and ' purposes whatsoever, any law or custom to the contrary not- withstanding ; and all Corporations and persons whatever, so contracting, seUing or conveying as aforesaid, are hereby in- demnified for and in respect of such sale or cession which he, she, or they shall respectively make by virtue of or in pursu- ance of this Act, without however diminishing, in any manner whatever, the responsibility of such Corporations and persons towards those whom they represent, as regards the purchase money or compensation of such sales or conveyances. Modo of pro* ccduro in cases of oxpro- priation. Notice of ap* plication to ttie Superior Court for ap- pointment of Conimi88ioncrg, 13. In case the Council of the said City, after having resol- ved upon undertaking and carrying out any of the said works or improvements for which it has been necessary to acquire one or more lots of ground or real property, or any part of such lots of ground or real property within the limits of the said City, cannot come to an amicable arrangement with the persons seized or possessed of, upon any title whatsoever, or interested in, the said lots of ground or real property, or any part thereof, or who may be absent or unknown, as regards the price or compensation to be paid for the said lots of ground or real property, or any part thereof (the said Corporation, however, shall not be bound to take any step or proceeding towards securing such amicable arrangement), such price or compensation shall be fixed and determined in the following manner, to wit : 1. The Corporation of the said City, by their Attorney or Counsel, shall give special notice addressed through the Post OflBce to the person in whose name the property was lastly assessed on the Assessment Roll, as proprietor at his actual or last known domicile, and shall also give public notice in at least two newspapers, one of which published in the French and the other in the English language, in the said City, which said notice shall have two insertions in each of the said news- papers, that they will, by and through their said Attorney and Counsel, present on the day and hour mentioned in the said notice, to the Superior Court of Lower Canada, in and for the LAW ON EXPROPRIATIONS, ETC. 416 District of Montreal, sitting in term, or to any of the Judges of the said Court in Chambers, pending the vacation, and du''ing the months of July and August in each and every year, a petition calling upon the said Court or any one of the Judges thereof respectively, to choose and nominate three competent and disinterested persons to act as Commissioners to fix and determine the price or compensation to be allowed for each and every such lot of ground or real property, or any part thereof, which may be required by the said Corporation for the purposes of the said improvements, and which shall be designated in the said notice by giving the boundaries (tenants et aboutismnta) ; and one month at least shall elapse from the date of the last insertion of the said notice in the said newspapers, to the day appointed for the presentation of the said petition; and the said notice shall, moreover, be posted in saiduouceto both languages, twenty days previous to the date of the pre. property to"be sentation of the said petition, in three different places, upon each and every lot of ground or real property liable to expro- priation, or in the immediate vicinity thereof; 2. The Court or Judge, as the case may be, to whom the said Appointment petition shall have been presented, shall appoint three Com- sioncrs by tuo missioners as aforesaid, and fix the day on which the said Commissioners shall begin thjeir operations, and also the day on which they shall make their report ; " provided always, it shall bo lawful for the said Court, or the said Judge, to extend the said delays upon reasonable grounds being shown to that efiect ; 3. The judgment embodying the said appointment shall be commission, served, with as little delay as possible, upon the said Commis- cept appoint-" sioners, who shall be held to accept • the said office and to penalty! perform the duties thereof, under the penalty of a fine of one hundred dollars, which it shall be competent for the said Supe- rior Court to inflict upon each of the said Commissioners upon proof of his or their refusal or neglect to perform the said duties ; but the exemptions provided for, in behalf of certain Exemptions, persons, by the second section of chapter eighty-four of the Consolidated Statutes for Lower Canada, relating to Juries, shall apply equally to any of the said Commissioners, who may 416 LAW ON EXPROPRIATIONS, ETC. City Surveyor to iiirniKli CommifMionorg with plan, &c. Commissioners to be sworn. Tlioir powers, &c. Salary. Commission- ers to be I'lir- nisiicd with title-deodf of lots to be ox- propriutod. Procedure for ascertaining value of pro- perty. appertain to any one of tho classes of persons mentioned in the said last cited section ; 4. Immediately after the appointment of the said Commis- sioners, it shall be the duty of the City Surveyor to furnish them with a plan or map shewing the proposed improvement, as also the pieces or parcels of ground or real estate to be expi priated ; 5. Tho said Commissioners, before proceeding, shall be duly sworn before the Prothonotary of tho said Superior Court in the form specified in the annexed schedule, marked A ; and they shall be vested with the same powers and entrusted with the same duties as are conferred by the laws in force in Lower Canada upon experts in reference to appraisements ; and they shall be entitled to receive a remuneration not exceeding four dollars per day each, during the whole time they shall of neces- sity be occupied in the performance of the said duties ; 6. The said Commissioners may, if they deem proper, call upon the proprietors or parties interested, to give them commu- nication of their title deeds ; and upon their failing to comply with such demands, the said Commissioners are hereby autho- rized to procure copies of tho said title deeds at the cost of the said proprietors or parties interested ; and tho amount of said costs shall be deducted from the price or compensation to bo finally awarded to the said proprietors or parties interested for the expropriation ; 7. It shall be the duty of the said Commissionei's to dili- gently proceed to appraise and determine the amount of the price, indemnity or compensation which they shall deem just {ind reasonable for each of the pieces or parcels of land or real estate, the expropriation whereof shall have been resol- ved upon by the City Council or for the damages caused by such expropriations ; and the same Commissioners may act and adjudicate upon the price or compensation for all and every the pieces or parcels of land or real estate, buildings or parts of buildings thereon erected required for any improve- ment which the said Council may have ordered to be made or carried out at one and the same time ; and the said Com^ missioners are hereby authorized and required to hear the LAW ON EXPROPRIATIONS, ETC. 417 icd in h thcra as also riated ; )C duly !ourt in • ndtliey ith the I Lower iid they ing four )fneces- per, call coramu- ) comply y avxtho- )st of the t of said on to bo stcd for to dili- ^t of the 3cm just land or an resol- caused |crs may all and buildings limprove- )c made lid Com- Ihear the parties and to examine and interrogate their witnesses as well Exnmiimtion as the members of the City Council and the witnesses of the wiIuiir (liitlex, proceed- liigH may b«! «tayed, &o. Tn caro of tlcatli, &.e., of ComtnigHion- «rg, (ithorH to 1)0 appointed. tho duties naaigncd to thorn in and by tho present Act, or shall not fulfil the said duties in a faithful, diligent, and impartial manner, it shall bo lawiul for tho Corporation of tho said City, by its Attorney, to apply, by summary petition, to tho said Superior Court, or to a Judge thereof, as tho case may be, to Btay the proceedings of tho said Commissioners, and to remove and replace the Commissioner or Commissioners who may have forfeited or violated his, or their, obligations ; and upon such petition the said Court, or Judge, may issue such orders as may be deemed conformable to justice ; 10. In case any of tho said Commissioners should, after being appointed, die, or bo unable to act, tho said Court, or one of the Judges thereof, as tho case may be, shall upon a summary petition to that eflfect, to bo presented by the Corporation of the said City, after two clear days' notice to be established to tho satisfaction of such Court or Judge, replace such Commissioner by another competent and disin- terested person, upon whom the said office shall be binding in the same manner as upon his predecessor ; 11. So soon as the said Commissioners shall have completed the proceedings relating to the appraisement, and determined the price or compensation for the pieces or parcels of land or real property about to be expropriated, they shall give public notice by means of two placards, one in the French and the other in the English language, to be posted upon or in the immediate vicinity of such pieces or parcels of land or real estate, that on the day mentioned in the said notice, all parties interested or claiming indemnity, who may consider themselves aggrieved by the said appraisement, shall be heard before them in one of the rooms of the City Hall ; and when such parties aggrieved or claiming indemnity shall have been heard as aforesaid, it shall be lawful for the said Com- missioners to maintain or modify, at their own discretion, the appraisement made by them of any piece or parcel of land or real estate as aforesaid ; Report of 12. On the day fixed in and by the judgment appointing cre^obe «ubl tho said Commissioners, the Corporation of the said City, by I'artles to bo heard by Commigsioncrs after public uotioe. LAW ON EXPROl'RIATION.S, ETC. 411» sr shall ipartial id City, ho Baid y bo, to romove ay have lon such fdors as Id, after Jourt, or I upon a by the notice to r Judge, ud disin- >indmg in lompleted jtermined 3f land or ive public and the or in the id or real lotice, all consider shall be lall; and shall have said Com- retion, the of land or appointing d City, by their Attorney or Counsel, shall submit to the said Superior mittodto the Court, or to one of the Judges thereof, respectively, the report iirmation.''" ' containing the appraisement of the said Commissioners, for the purpose of being confirmed and homologated to all intents and purposes ; and the said Court or Judge, as the case may be, upon being satisfied that the proceedings and formalities No nppofti hereinbefore provided for have been observed, shall pronounce the confirmation and homologation of the said rci)ort which shall be final as regards all parties interested, and con- sequently not open to any appeal. 14. In case any Street, Public Place or Square shall be No indomnity laid out and determined before the confirmation and homolo- i>uii(iinKi crcctuu un gation of any of the plans or maps of the said City, herembeforo ''{■,3'"/^ .^ provided for, or if any Street, Public Place or Square shown Jjf,',;;!"','J||f/,^*'' and designated on the said plans or maps shall be widened or upofnoUco. extended after the confirmation and homologation of the said plans or maps, no indemnity or damage shall be allowed or granted for buildings, structures or improvements which the proprietors or other persons whomsoever shall have caused to be erected or made upon any of the pieces or parcels of land, or real property which the Corporation of the said City mav resolve to acquire for public purposes, from the time that the public notice mentioned in the sub-section number one of the next preceding section, shall have been posted upon the said pieces or parcels of land or real estate, as aforesaid. 15. The Corporation of the said City shall, within fifteen A«tortho days from and after the confirmation and homologation of of uoport, the report of the said Commissioners, make, in the hands of to tent limited. 422 LAW ON EXPROPRIATIONS, ETC. Proviso: party may object, and Corpora- tion shall then talce only land required for the improvement. of one or both sides of the said Street, Square, Market-place or site for any public building, in case the proposed improve- mentapplies to both sides of such Street, Square, Mo'-ket-place or site, as aforesaid ; Provided also that if any pro} rietor, a portion of whose property may be required for the above pur- poses, objects to the said Corporation taking or acquiring more than the piece or parcel of his lot required for any of the said purposes, such proprietor shall make known his objection by causing a written notice to that effect to be served upon the said Corporation at least two days previous to the day fixed as aforesaid on which the said Commissioners are to begin their operations ; in which case the said Corporation can only take and acquire the piece or parcel of land required for the improvement and no more. 20. The Corporation of the said City may open, continue or widen any Streets or Highways, and establish Public Parks or Squares, beyond the limits of the said City, J acquire any piece or parcel of land required for any f ■ u said purposes, in the same manner, and by following the same formalities as those prescribed in and by the present Act for similar improvements within the limits of the said City ; Pro- vided, always, that before exercising any of the powers confer- red upon it by the present section, the said Corporation shall be held to obtain the consent of the municipality within the limits of which such powers are to bo exercised, and such last mentioned municipality is hereby empowered to exempt from any tax or assessment, if it sees fit so to do, the Public Parks, Squares or Public Places to be opened or established as afore- said. Power to open streets, &c., beyond the city limits. Proviso: con- sent of muni- cipality to be first obtained. Corporations may invest price of com- pensation, &c. 21. Corporations, ecclesiastical or civil, whose property, or any part of whose property, shall be conveyed to, or taken by the said Corporation of the City of Montreal, under the authority of this Act, may invest the price or compensation paid for the property so conveyed or taken, in other real pro- perty in any part of this Province, and may take and hold the same, without Her Majesty's letters of mortmain, any law to the contrary notwithstanding. /■ LAW ON EXPROPRIATIONS, ETC. 423 spur- ifore- 22. So soon as the report of the said Commissioners shall in cases where have been confirmed and ratified by the said Court, or by rmve'to p!^ one of the Judges thereof, as the case may be, conformably of cost of im- 1 • oi !• i-ni'i provement, to the tenth sub-section of the thirteenth section of this Act, city Asscssore ... to assess such it shall be the duty of the Assessors of the said City, in all cost, cases where the said Council may have ordered, in confor- mity with the eleventh section of this Act, that the cost of the said works or improvements shall be borne in whole or in part, by the proprietors or parties interested, benefited or to be benefited by the said works or improvements, to assess and apportion in such manner as to them may appear most reason- able and just, the price or compensation, indemnity, damage and cost of such expropriation or improvement, in whole or in part, conformably to the resolution of the said Council, upon all and every the pieces or parcels of land or real estate which have been benefited, or may hereafter be benefited by such imp.ovement ; and the said Assessors shall have the exclusive power or privilege to determine Avhat pieces or parcels of land or real estate shall have been or may be benefited, and to what relative or comparative amount ; and the said Assessors shall, for the purposes of the said improvement, base their valuation upon the actual value of the said pieces or parcels of land or real estate, in view of the said improvement. 23. Immediately after the completion of the said special Assessment assessment roll, the said Assessors shall deposit the same, completed, to duly certified along with a plan or map, designating all and 4c. every the pieces or parcels of land or real estate subject to or liable for the said special assessment, in the oflSce of the City Clerk, for the examinf>tion and inspection of all parties interested : and they shall give public notice of the comple- pubuc notice tion and deposit of the said special assessment roil as afore- *° ^'^ ^'^'"^^' said, in at least two newspapers published in the said City, which notice shall have at least two insertions in one news- paper published in the French language, and a like number of insertions in one newspaper published in the English lan- guage ; and every proprietor or interested party may, within ijevision of fifteen days from and after the last insertion of the said ^X'*""'"'"* 424 LAW ON EXPROPRIATIONS, ETC. Proviso. Special as- sessment, how recoverable. Duties may be performed bjr a majority of tlie asses- sors. New mode of expropriation extcncled to improvements ordered be- fore passing of tins Act. Local improve- ments extend- ed to stone paving, &c. notice, apply to the said assessors to make known his griev- ances, in case such proprietor or interested party shall deem himself aggrieved by the manner in which his property may have been assessed, and thereupon the said Assessors may, and they are hereby empowered to maintain or modify, at their discretion, the special assessment roll ; provided that the delay of fifteen days aforesaid once expired, the said special assessment roll ^hail of right be confirmed and become in force by the mere lapse of time. 24. The special assessment mentioned in the next preced- ing section may be recovered by the Corporation of the said City in the same manner as any other tax or assessment which the said Coi'poration are authorized to impose by their charter and the several Acts amending the same. 25. The duties assigned to the said Assessors by the twenty-first end twenty-second sections of the present Act may be performed with the same force and effect by the con- current majority of the said Assessors ; and in every case where a difference of opinion may arise between the said Assessors, the decision of the majority of all the Assessors shall have the same force and effect as if the whole of the said assessors had concurred therein. 26. The mode prescribed in the preceding sections for expropriations and for levying and determining special assess- ments shall have force and effect, and shall be followed and applied, not only as regards works and improvements which the Council of the said City may hereafter order to be carried out, but also with respect to all and every the works and improvements which the said Council may have resolved at any time before the passing of this Act to carry out. 27. It shall be lawful for the Council of the said City to order, by resolution, certain works or improvements in the Streets, Public Places or Squares of the said City, such as dressed stone paving, flagstone Oi* brick footpaths or side- walks, or grading, and to defray the cost of the said works or improvements out of the City funds, or to assess the cost LAW ON EXPROPRIATIONS, ETC. 425 thereof, in -whole or in part, as the said Council may, in their discretion, deem proper, upon the proprietors or usufructuaries of the real estate situate on either side of such Streets, Public Places or Squares, in proportion to the frontage of the said real estate respectively ; and in the latter case it shall be the duty of the City Surveyor to apportion and assess the cost of the said works or improvements, or such part thereof as the said Council may have determined should be borne by the said proprietors or usufructuaries upon the said real estate, according to the frontage thereof as aforesaid ; and the said assessment, when so made and apportioned, shall be due and recoverable, the same as all other taxes and assessments, before the Recorder's Court. 28. Every person without a domicile or place of business wiio shall within the limits of the said City, shall be deemed to be absent * absent, within the meaning of the present Act. 29. Any Bailiff of the Superior Court for the District of Baiiiflfe autho- Montreal, may serve and post up the notifications required notices, &c. by the present Act, and make a return thereof under his oath of office. WIDENING OF NOTRE DAME STREET. 30. Whereas it has been found expedient and in the inter- Recital, est of the proprietors in Notre Dame Street, and also of the citizens of the City of Montreal generally, to complete the widen- ing and enlarging of the said street, which may be considered as the leading thoroughfare of the said City, the said Corpora- tion is hereby authorized to carry out the said improvement in the manner hereinafter prescribed : 1. Notre Dame Street, in the said City, shall be widened Notre Dame in its whole extent, from DalUousie Square to McGili Street, widened in its to a uniform width of forty-four feet, French measure ; and the necessary ground or land for that purpose shall be taken on the north-west side of the said street, with the exception of a small portion at the extreme east end thereof, which requires to be widened on both sides ; 426 LAW ON EXPROPRIATIONS, ETC. To bo divided Into seotioiig. Ono year al- lowed for each 8octlou. Co8t of Im- provement, by whom boruo. CommlBRion- org to take up nach section of Notre Uamo street «er«a- tim, &o. 2. That said Notre Dame Street, for the purposes of the said improvement, shall be div Ided into four sections, as folloM'S : First Section : That portion of Notre Dame street lying between St. Lambert and St. Fran9oi8 Xavier Streets, between St. Peter and DoUard (late Guillaume) Streets, and between Gosford and Bonsecours Streets ; Second Section: That portion of Notre Dame Street lying between St. Peter and St. Francois Xavier Streets. Third Section : That portion of Notre Dame Street lying between St. Lambert and St. Gabriel Streets, and between DoUard (late Guillaume) and McGill streets ; Fourth Section : That portion of Notre Dame Street lying between St. Gabriel and Gosford Streets, and from Bonsecours Street to Dalhousie Square ; 8. One year shall be allowed to complete each section, the first year to begin from the date of the passing of this Act ; i. One half of the cost of the said improvement shall be borne by the said Corporation out of the proceeds of the loan hereinafter provided for, or out of the general funds of the said City, and the other half by the proprietors in the said Notre Dame Street, by means of a special assessment to be levied as hereinafter provided, upon the real estate fronting on Notre Dame Street, the whole of which shall be held to have been equally benefited by the said improvement, and shall be equally rated or assessed to provide one-half the expense of the said improvement, as aforesaid ; and the assessed value of all real estate fronting on the said street for the present year (one thousand eight hundred and sixty-four), shall be held to be the assessed value thereof for all the purposes of the said improvement ; 6. It shall be the duty of the said Commissioners, and they are hereby authorized, to take up each section of Notre Dame Street as aforesaid seriatim, but without intermission, and to complete their labours for the four sections as early as possible before the expiration of the present year one thousand eight hundred and sixty-four ; his N( LAW ON EXPROPRIATIONS, ETC. 427 le said fUows : ; lying itreet8, streets, it lying it lying )etween et lying isecours ;ion, the I Act; shall be the loan the said d Notre e levied m Notre ive been shall be :pense of value of lent year be held js of the and they )re Dame n, and to 8 possible and eight 0. In the appraisement or valuation to be made by the said Commissioners, of the pieqes or parcels of land or real estate required to widen Notre Dame Street as aforesaid, no claim for damages arising from leases made after the passing of this Act shall be considered as valid or binding upon the said Corporation. 31. After the confirmation and homologation of the report of the said Commissioners for each section of Notre Dame Street as aforesaid, the Council of the said City may levy, by By-law, a special rate or assessment on all real estate fronting on the said street, according to the assessed value thereof as aforesaid, sufficient to cover one-half the expenditure incurred in completing the widening of the section of Notre Dame Street referred to and embraced in the said report, which said special rate or assessment shall be payable at such period or periods as the said Council may fix and determine. 32. It shall be lawful for the said Council, by any such By- law, to extend the time or period fixed for the payment of the a&id e or assessment, and to charge interest not exceeding seven per centum on the amount of all such rates or assess- ments for which a delay may be granted, as aforesaid. 33. Any proprietor in the second, third or fourth sections of Notre Dame Street aforesaid, whose property, or a portion of whose property, is required for the said improvement, who may be desirous of anticipating the time fixed for carrying out the said improvement in front of his property, may do so, by amicable arrangement, at any time before the confirmation and homologation of the report of the said Cominissioners for the section of the said street in which such proprietor is interested, or after the confirmation and homologation of the said report by an acceptance of the terms or price set upon his property in the said report. 34. For the purpose of enabling the said Corporation to meet its share of the expenditure to be incurred in widening Notre Dame Street as aforesaid, it shall be lawful for the said Corporation to effect a special loan, not to exceed One Hun- dred and Fifty Thousand Dollars, to be designated " The Notre Dame Street Loan." As to IcasoB made alter the passini' of this Act. City Council may levy spe- cial asscsg- niciit en real C8tato in Notre Damd street; And grant de- lay for pay- ment or eaid assossmeut. Proprietors in 2nd, 3rd or 4th sections may antici- pate period iixod for the improvement. Loan of 9(160,- 000 for the Notre Dame street im- provement. 428 LAW ON EXPROPRIATIONS, ETC. Loan of ®150,- 000 to com- plcto tlio drainage of the city. Loanof^eO,- 000 for a new Hay Market, Corporation may issue de- bentures for the above loans, their form, &c. Interest, cou- pons, &c. MISCELLANEOUS PROVISIONS. 85. For the purpose of extending and completing the Drainage of the said City, it shall be lawful for the said Corporation to borrow, over and above the amount of the loan which the said Corporation is authorized to make in and by the provisions of the first section of the Act passed in the twenty-fifth year of Her Majesty's reign, chapter forty-four, such sum or sums of money, not exceeding One Hundred and Fifty Thousand Dollars, as the said Corporation may find it necessary or expedient to borrow for the extension and com- pletion of the Drainage of the City. 36. For the purpose of establishing a noAv Hay Market in the said City, it shall be lawful for the said Corporation to effect a special loan of Sixty Thousand Dollars, to be desig- nated " The New Hay Market Loan." 37. It shall be lawful for the Corporation of the said City to issue under the hand of the Mayor and the seal of the said Corporation, debentures or Corporation bonds to the amount of the respective sums which the said Corporation is empow- ered to borrow, in and by the three next preceding sections, payable twenty-five years after the date of the issue thereof respectively, and bearing interest, payable semi-annually, on the first day of May and November in each and every year, and at a rate not exceeding six per centum per annum ; and all such debentures shall be headed with the words or title " The Notre Dame Street Loan^'' " The Drainage Loan^^ or " The New Hay Market Loatiy'' as the case may be, to designate the object and purpose for which they shall be issued ; they may be issued from time to time, at such periods and for such amounts as shall be deemed expedient, and they may have coupons annexed to them for the half yearly interest payable on them, which coupons, being signed by the Mayor or the Treasurer of the said Corporation, shall be respectively payable to the bearer thereof when the half-yearly interest therein mentioned becomes due, and shall, on payment thereof, be delivered up to the said Corporation ; ana the possession LAW ON EXPROPRIATIONS, ETC. 429 of any such coupons by the Corporation shall be jxrimd facie evidence that the half year's interest therein mentioned has been paid according to the tenor of such debentures or bonds ; and aa well the interest as the principal thereof are and shall be secured on the general funds of the said Corporation. 38. The amount which the said Corporation is empowered Amount of to borrow by the next preceding sections, may bo borrowed borrowp/in . . . ' >/ i\\\» Province either in this Province or elsewhere ; and the principal sum, or eisowhoro. and interest thereon as aforesaid, may be made payable either ia this Province or elsewhere, and either in sterling money or the currency of this Province, or in that of the place where the same shall be payable ; and generally all the provisions of the Acts now in force as to debentures issued by the said Corporation shall apply to those to be issued under this Act, except only in so far as they may be inconsistent with this Act. 30. Whereas the mode hitherto adopted of enforcing pay- KccJtai. ment of assessments, taxes, duties, water-rates and other City dues, by defaulters in the said- City, has been found to be cumbersome and dilatory and attended with great loss to the revenup of the said City ; and whereas it is expedient to adopt a more summary and effectual mode of recovering the same: therefore, upon the return by the City Assessors, of Notice to the assessment roll for any of the Wards of the said City, and " °"**y®"' the revision and completion of the same, or upon the return of any supplementary roll of assessment, the Treasurer of the said City shall give public notice (according to Form B, in the Form b. schedule hereunto annexed) in at least two newspapers pub- lished in the English language, and two newspapers published in the French language, that the said assessment roll or sup- plementary return is completed and deposited in his office, and that all persons whose names appear therein as liable for the payment of any assessment, tax or duty, are required to pay the amount thereof to him or his assistants, at his office in the City Hall, within twenty days from the date of the last insertion of the said notice in the said newspapers ; pro- vided that the said notice shall have at least four insertions in each of the said newspapers. 480 LAW ON EXPROPRIATIONS, ETC. Special notice to ratc-payora in arrears. Form C. The preced- ing section not to apply to non-resi- dents. If parties ne- glect to pay lor tlic si)aco of fifteen days, assossmonts to be levied by seizure and sale. FormD. Subrogation of parties hav- ing hypothecs. 40. If at the expiration of the said twenty days any assess- ment, tax or duty remain unpaid, the said Treasurer shall leave, or cause to be left, at the usual place of residence, domicile, oflSce or place of business of the person owing such assessment, tax or duty, or with him personally, a statement in detail of the various sums and of the total amount of assess- ments, taxes or duties exclusive of water rates, and shall at the same time, in and by a notice annexed to such statement (according to Form C, in the schedule hereunto annexed), demand payment of the assessment, taxes or duties therein mentioned, together with the costs of the service of such notice, according to such tariflf as the Council of the said City may establish. 41. The provisions of the next preceding section shall not apply to persons residing beyond the limits of the said City ; the said persons shall be bound to pay their assessments, taxes or duties, within thirty days after the public notice mentioned in the thirty-ninth section of this Act, without it being neces- sary that any demand should be made upon them eithei* per- sonally or at their domicile, office or place of business. 42. If any person in the said City neglects to pay the amount of assessments, taxes, or duties imposed upon him, for the space of fifteen days after such demand made as afox'esaid, the Treasurer of the said City shall levy the same, with costs, by warrant to be issued by the Recorder's Court of the said City (according to Form D, in the schedule here- unto annexed), authorizing the seizure and sale of the goods and chattels of the person bound "to pay the same, or of any goods and chattels in his possession, wherever the same can be found within the said City ; and no claim of property or privilege thereon or thereto shall be available to prevent the sale thereof for the payment of the assessments, taxes or duties and costs, out of the proceeds thereof; provided always that any party having any hypotheque, lien, or privilege upon property real or personal out of the proceeds of which the said Corporation shall be paid any assessments due wliich shall have accrued in respect of other property, such party LAW ON EXPROPRIATIONS, ETC. 481 shall bo subrogated to and shall have tho right to cxcrciao tho rights and privileges possessed by the said Corporation at tho time of such payment in respect of such other property as to such assessments. 43. Before proceeding to the sale of tho goods and chattels Notice of wic. of any person indebted as aforesaid, the Treasurer of tho said City shall give public notice (Form E) of the day and place FormE. of sale, and of the name of the person whose goods and chat- tels are to be sold, which said notice shall bo affixed or posted in a con^jpicuous place at the entrance of the City Hall of the said City, at least forty-eight hours previous to such sale. 44. If tho goods and chattels seized are sold for more surnUid of than the wliole amount of assessments, taxes or duties levied 'ui" to kMo for and the costs attending the seizure and sale, the surplus *j|j° p*""!""'"' shall be returned to the person in whose possession such goods and chattels were when the seizure was made ; but if any irtiiorioiitto claim for such surplus is previously made by any other per- cift/mcii by son by reason of any alleged right of property or privilege ^'^^ '""^ upon such surplus, and such claim is admitted by the person for whose assessments, taxes or duties the seizure was made, such surplus shall be paid to such claimant ; and if such claim bo contested, the surplus money shall be retained by tho said Treasurer until the respective rights of tho parties be deter- mined by the Recorder's Court. 45. Within a week from and after the time appointed Notice to by any By-law of the said Council for the payment of the ^ "' """ water rates imposed for any supply of water given or fur- nished from the Montreal Water Works in the said City, the Treasurer of the said City shall give public notice (according to Form F, in the schedule hereunto annexed) in at least two Form f. newspapers published in the French language, and two news- papers published in the English language, that the said water rates are due, and that all persons liable for the payment of any of the said rates are required to pay the amount thereof to him, at his office, within twenty days from the date of the last insertion of the said notice in the said newspapers ; pro- vided that the said notice shall have at least four insertions in each of the said newspapers. 482 LAW ON EXPROPRIATIONS, ETC. Bpcolnl nntico to water tcimntM In arroara. FonnO. If water ten- ants ncgli'ct to pay, rntes to bti levied by Koizuro and wlo. City Cleric to coiuse boinR Cleric of Ue- oordor's Court. Clerk to bo appointed by City Council. Hia powers, &c. Certain judg- ments or Itecorder's Court to bo summarily registered. 46. If at the expiration of the said twenty days any of tho said water rates remain unpaid, the said Treasurer shall leave, or cause to bo left at the usual i)laco of residence, domicile, office, or place of business of siich person in arrear, or with him personally, a statement (according to Form C, in the schedule hereunto annexed) in detail of the various sums and tho total amount of water rates duo by such person, and shall at the same time, in and by a notice annexed to such statoraont, demand payment of the water rates therein men- tioned together with tho coats of the service of such notice, according to such tariif as tho said L-'ouucil may establish. 47. If any person in the said City neglects to pay the amount of water rates duo by him, for the space of fifteen days after such demand made as aforesaid, the Treasurer of the said City shall levy the same with costs in tho same man- ner as unpaid assessments, taxes or duties aro levied under the forty-second, forty-third and forty-fourth sections of this Act. 48. From and after tho passing of this Act tho City Clerk of the City of Montreal shall cease to Act ex-officio as Clerk of the Recorder's Court of the said City ; but a fit and proper person shall be named and appointed during pleasure, by the Council of the said City, to act as Clerk of the said Court, with the same powers as those conferred upon the City Clerk, in relation to the said Court, by the Act fourteenth and fifteenth Victoria, chapter one hundred and twenty-eight, and the Act sixteenth Victoria, chapter twenty-seven. 49. It shall not be necessary hereafter to register at full length the proceedings and judgments of the Recorder's Court of the City of Montreal, in so far as regards the prosecution and conviction of all persons charged with drunkenness or with any of the oflfences mentioned in tho thirty-second section of the Act twenty-third Victoria, chapter seventy-two, intituled : An Act to amend the j)vovisions of the several Acts for the Incorporation of the City of Montreal ; but it shall suffice in such cases that a roll of all convictions before tho said Court, giving the name of the Defendant, the date of conviction and LAW ON EXl'ttOrillATIONS, ETC. 4J3)J tho mituro of tlio offonco,be kept, without furthei* registration; any law or uaago to tho contrary notwithstanding. 60. Tho Council of tho said City shall have power, in any iinwuna By-law or Ordinance paHsed for any purpose set forth in tho vlohui.m >>r . . . . city l>y-liiw». Act incorporating tho said City, or any Acts amending tho same, for enforcing tho provisions thereof, to impose a Fine not exceeding Twenty Dollars and costs of prosecution, with Imprisonment in tho Common Gaol or in t''o House of Correc- tion, at hard labour, for a period not exct 'iiig One Calendar Month. 61. All fines and enalties sued for, imposed, levied or Kinr* in tho recovered in the said liecorder's Court, under and by virtue ronH'to'iIo. of any Statute now or hereafter to be in force shall belong luliu/imi."'" to and form part of th( genera' fund of tho said City, any law to the contrary notwithstanding. Fiiii) unil poll' ully for 11*. HIlUltlllK |I0> liiM>iiii>ii III tho oxcciitlim of tliclr lUily, 52. If any person shall commit an ;isdault and battery on any Police Officer or Constat'', appointed wake the Act fourteenth and fifteenth Victtjia, chapter one hundred and twenty-eight, in the execution of his duty, or shall aid or incite any person so to do, every such oflFender, upon being convicted thereof before the Recorder's Court of the said City, shall, for every such offence, forfeit and pay a Fine not exceed- ing Twenty Dollars and costs of prosecution ; and shall, more- over be imprisoned in the Common Gaol or the House of Correc- tion at hard labour, for a period not exceeding Two Calendar Months ; Provided always, the said Court shall have the option to adjudge the su" ' 'offender to the said fine and imprisonment with costs as afoio ad, or the said fine and costs; and in default of immediate payment of the said fine and costs, that the said offender be imprisoned at hard labour for a period not exceeding Two Calendar Months, unless the said fine arid costs be sooner paid. 53. The Recorder's Court of the said City of Montreal shall have concui'rent jurisdiction with the Circuit Court, or with any Judge of the Superior Court in the District of cascx b<«tweon Montreal, as to matters between Lessors and Lessees, and ies»ees. I'rovlao: Hit t« iniiilMlimcnt of oIR^iuUt, Jiirlsdlotlon of till) Itcoord- (>r'8 Court ex- toiKlod to E" 434 LAW ON EXPROPRIATIONS, ETC. may act in virtue of the Act of the Consolidated Statutes for Lower Canada, chapter forty, intituled : An Act concerning Lessors and Lessees, and of the Legislative provisions amend- ing the same, in the same manner and with the same for- malities, as the said Circuit Court, or any of the Judges of he said Superior Court, is directed to proceed in and by the above last cited Act, as regards the ejection of the Lessee for committing waste upon the premises or part of the premises leased, or for refusing or neglecting to pay his rent or any part of his rent, or for using the premises leased, contrary to the intent for which they were leased, or because the term of his lease, either written, verbal, or presumed, is expired ; and the said Recorder's Court shall have and possess, to that end, all the necessary powers and authority including that of issuing writs of summons, execution and possession, and to fix and determine the costs to be paid by the losing party, which cost however shall not include any Attorney's fees ; Provided always that the competence of the said Recorder's Court shall be limited to cases where the consideration or annual value of the property occupied shall not exceed the sum of one hundred dollars, and which shall apply to premises or real estate situate within the limits of the said City. Proviso: pow- er limited to property of a certain value. And also re- 54. The Said Recorder's Court shall also have summary vant^/wageC jurisdiction ovor all demands not exceeding twenty-five dollars for the recovery of wages and salaries of servants, journey- men, or labourers employed by the day. Recital. 55. Wherf-^ by an Act of the Parliament of this Province, passed in the eighteenth year of Her Majesty's reign, chap- ter one hundred and forty-two, the property, estate, chattels apd eflfects bequeathed by the late John Conrad Marsteller, for the purpose of establishing in the said City of Montreal a House of Industry, were transferred from the hands of the late Wardens of the House of Industry, to and made to vest in the said Corporation of the City of Montreal ; and whereas it is believed that the purposes for which the said late John Conrad Marsteller so bequeathed the said property^ will be more effectually accomplished by transferring the said LAW ON EXPROPRIATIONS, ETC. 435 city Council autliorizod to trnnsfor (>i«- tatooflatoJ. C. Marntollpr, to certain inHtltutlong. I'rovlso: coii' (lition of tranHl'or. property to a duly established and permanent institution or institutions in the said Qity, having for object to relieve and assist the poor : therefore, it shall be lawful for the Corpora- tion of the said City, at any time after the passing of this Act, to transfer all and every the estates, property, moneys, chat- tels and effects vested in and now in the hands and possession of the said Corporation, as aforesaid, to any duly established and permanent institution or institutions, in the said City of Montreal, having for object to relieve and assist the poor, and provided with a House of Refuge, with power to hold, use, appropriate, sell and dispose of the said estates, property, moneys, chattels and effects to the best advantage possible, for the exclusive purposes of a House of Night Refuge, not- withstanding anything contained in the said last cited Act ; provided, however, and it is hereby expressly enacted, that in any institution or institutions to which a transfer may bo made of the said estates, property, moneys, chattels and effects, or any part thereof, under the provisions of this section, admission shall be given lo the poor, indiscriminately and without any distinction of creed or nationality. 56. Whereas the Corporation of the said City is authorized in and by the Act passed in the twenty-seventh year of Her Majesty's reign, chapter fifty-four, to aid the Grand Trunk Railway Company of Canada in the establishment of a City Terminus at or near Chaboillez Square, in the said City of Montreal, by means of a grant of money to the amount of fifty thousand dollars ; and whereas it is deemed more expedient that the said grant should be applied towards purchasing the necessary ground to be acquired for establishing the said rail- way terminus : therefore it shall be lawful for the Corporation of the said City to purchase and acquire, in the same manner as the said Corporation is authorized to acquire or exproj)riate property or real estate for the opening or widening of streets generally, in and by the present Act, all pieces or parcels of land or real estate required to establish, enlarge, or improve the said terminus, and to connect the rails of the said Company with the harbour of the said City from any point not more than four hundred feet beyond the south-western limits of the said Recital. city Council autliorizod to uci|uiru pro- perty to tlio l.'.\tt)llt of *r)0,000 for tliu (iraiid Trunk Hail- way Clfy TorminuH, 436 LAW ON EXPROPRIATIONS, ETC. I'rovlao. Council to have power to license, regulate or prohibit mu- sical saloons, Ac. To make rules and regula- tions for the erection of buildings. City ; provided however, the price or compensation to be paid by the Corporation of the said City for the said pieces or parcels of land or real estate, to be acquired as aforesaid, shall not exceed the said sum of fifty thousand dollars and that the excess of cost over or beyond that amount, if any, shall be borne and paid by the said Company. 57. In addition to the subjects for which the Corporation of the said City is authorized to pass By-laws, in and by the tenth section of the Act passed in the twenty-third year of Her Majesty's reign, chapter seventy-two, shall be included musical sale .is or establishments wherein intoxicating liquors are sold, and Avherein instrumental music or singing, or both, are use> as a means of attracting customers ; and the Council of the said City shall have power and authority, by any such By-law to license, regulate or prohibit any such musical saloons or establishments, under such conditions and restrictions as the said Council may deem expedient to impose in the interest of the public. 58. The Council of the said City shall have power, from time to time, by a By-law or Ordinance, to make such rules and regulations, as to the erection and construction of houses or buildings of any description whatsoever, as the said Council may deem expedient for the safety of the citizens, or for pre- venting accidents by fire, or for the embellishment or better appearance of the said City, and also for the regulation of the height of the chimneys of factories so as to render such fac- tories as little injurious as possible to the health of the citizens ; and by any such By-law or Ordinance, the said Council may appoint one or more fit and proper persons whose duty it shall be, and who are hereby authorized, to visit and examine at suitable times and houi'S, to be established in such By-laws, as well the interior as the exterior of all such houses or buildin!;d day of r Clerk of the j Recorder's Court. FORM E. Puuls? notice \6 hereby given that on next, the day of instant, (or .^ext,') the goods and chattels of tiit' parti.^s hereinafter named and designated now under seizui-e for non-payment of a.'iisessments (or other dueSf as the case 'may be,") will be ojld by public auction, at the hours and places hereinafter mentioned, to wit : — NAMES. AAiOUNT. PLACE OF SALE. No. Street. HOUR OF SALE. City Hall, Montreal, (date.') (Signature,) City Treasurer. FORM F. Public notice is hereby given that the Water Rates for the current year are now due ; and all persons liable to pay the same, are hereby required to pay the amount thereof to the undersigned at his said office, within twenty days from this date, without further notice. City Hall, City Treasurer. Montreal, (date.) CATALOaUE OF THE CITY GOVERNMENT. 441 r doth Court. (xt, the )ds and ,ed novf ir duesy , at the SALE. surer. s for the pay the )f to the Tom this «urer. CATALOGUE OF THE CITY GOVERNMENT, FUUM ITS INCOIll'ORATION IN 1840. [Note. — From the year 1796, up to the year 1833, the Municipal affairs of the City were administered by Justices of the Peace, sitting in Special Sessions for that purpose. In 1832 the City was incorporated, (1st William IV., chap. 59,) and to that end was divided into eight Wards, viz. : East, West, St. Ann, St. Joseph, St. Antoine, St. Lawrence, St. Louis, and St. Mary ; each Ward electing two members. The first meeting of the Corporation was held on the fifth June, 1833, at which Jacques Vigor, Esquire, was elected Mayor of the City of Montreal ; an office Avhich he continued to hold until the new incorporation, in 1840.] 1840, 1841, 1842. d) Hon. Petek McGill, Mayor, Jules Quesncl,'"'^) Adam Ferric, C. S. Rodier, .J. G. Mackenzie, C. S. DeBlcury, J. M. Tobin, Olivier Berthelct, F. Bruneau, Hyi>o)ite (jruy,^^> John Donegani, Charles Tait,<*) J. W. Dunscomb,*^' Thomas Phillips,*'^' Colin Campbell, Stanley Bagg^ Archibald llume^ D. Hamlyside,''' Wil^m Molson. J, \\ Sextox, City Clerk, appoiMted 12th Sept., 1840. *^'^ This Corporation was appointed by the Governor General for a term of office; to expire in December, 1**2 ; their successors being sub- ject to election by the pw^ple. W Dii'd and was .Vt^iaced by J. M. Deaiivieres, 3rd June, 1842. W Resigned auil replaced by Joseph Bourret, 30th March, 1842. <*^ Declined to act, and was replaced by John Redpath, 12th Sept., 1840. ^*> Resigned and rejdaced by James Ferrier, 1st July, 1841. i*^ Died and was replaced by William Lnnn, 20th June, 1842. ^') Declined to act, and was replaced hy John Mathewsou, 12th Sep- tember, 1840. P" 442 CATALOGUE OF THE CITY GOVERNMENT. 1843. (1) Joseph Bourret, Esq., Mayor. ALDERMEN. Joseph Maaaon, Benjamin Holmes, William Molson, James Ifoirier, Pierre Jodoin, ?eter T)uiiii, William Lunn, William Watson, C. S. DeBleury, J(jhn Redpath, Joseph Roy. COUNCILLORS. Olivier Frohette, I'ieno JJeaufiien, P. A Gagnnn, Krnnij'oia f rudouii, Franyois PorriU| John MathowHon. J. P. Sexton, City Clerk. 1844. Joseph Bourret, Esq., Mdpr. Ar-TMilRMEN. Joseph Masson, Benjamin Holmes, 0. S. DeBleurj, William Watson, John Mathewson, Pierre Beaubien, FranQois Trudeau, Frangois Perrin, Joseph Roy, James Ferrier, Peter Dunn. councillors. Henry Stuart, William Lunn, John Tally, Alfred LaRocque, Thomas Molson, Pierre Jodoin. J. P. Sexton, City Clerk. "1 This Corporation was elected under the provisions of the 4th Vic, cnp. 36, the Citj being divided into six Wards, viz. : East, Centre, West, Queen, St. Lawrence, and St. Mary, with three members for each Ward. CATALOGUE OP THE CITY GOVERNMENT. 448 1845. Jambs Ferrier, Esq., Mayor. ALDERMEN. Benjamin Holmes, C. S. DeBlcuiy, William Lunn, William Watson, Pierre Jodoin, Henry Stuart, JohnTully, Alfred LaRocque, Francois Trudeau, Joseph Bourret, Thomas Molson. COUNCILLORS. William Footner, Benjamin Lyman, H. L. Routh, John Glennon, Daniel Gorrie, Fran9ois Perrin. J. P. Sexton, City QlerTc. ■ 1846.(1) James Ferrier, Esq., Mayor P'^ ALDERMEN. Henry Stuart, John E. Mills, William Lunn, Pierre Jodoin, Fran9ois Perrin, William Footner, Pierre Beaubien, Benjamin Lyman, Joseph Bourret. COUNCILLORS. John Glennon, J. D. Gibb, John Tally, <'^ By the Act 8 Vic, cap. 59, the City waa divided into nine Wards, as at present, giving two members to each of the Suburban Wards, and three to each of the City Wards, (East, Centre and West). <*) On tlie 18th May, 1846, Alderman John E. Mills, who had been put in nomination for the office of Mayor along with Mr. Ferrier, on the pre- ceding 9th March, and who claimed to have had a majority of votes on that occasion, was declared by the Court to have been duly elected Mayor of the City, and he accordingly assumed the duties of that office. 444 CATALOGUE OF THE CITY GOVERNMENT. John Wai'd, Daniel Gorrio, William Connolly, Jasper G. Sims, Pierre Dufrosno, Narcisse Valois, Canfield Dorwin, John Kelly . Died in November, and was replaced by Joseph Bourret, as Mayor, and by C. S. Rodier, as Councillor in the St. Antoine Ward. '^1 Left the <"iiy, and was replaced by J. B. Homier, in Dec, 1847. (^' Resigned, and was replaced by Archibald Macfurlane. CATALOaUE OP THE CITY OOVERXMENT. Wf) 3 Mayor, 1847. Narcissc Valoia, Alfred Tjalloc(iuo, J. U. IJcaudry, Patrick Lyiicli, J. B. Ilomior, Charles Wilson, William Snaith, COUNCILLORS. Benjamin Lyman, John Bell, C. S. llodier, William Workman,*'' Joseph Grenier, Joseph McNidor, Jasper G. iSima. J. P. Sexton, City Clerk. 1849. E. R. Fabre, Esq., Mai/or. ALDERMEN. Joseph Bourret, Andrd Ouimet, B. C. A. Gugy, C. S. Rodier, Charles Wilson, William Snaith, John Bell, Joseph Grenier, Joseph McNider, John Whitlaw, Benjamin Lyman, Alfred LaRocque, Jasper G. Sims. COUNCILLORS. John Tally, J. U. Beaudry, P. Lynch, J. B. Homier, Archd. Macfarlanc, Amablc Prevost, Saml. Benjamin. J. P. Sexton, City Clerk. 18,"0. E. R. Fabm;, Esq., Mat/or. ALDERMEN. Benjamin Lyman, Alfred LaRocque, Charles Wilson, Archd. Macfarlanc, Joseph Grenier, J. U. Beaudry. ^^' Declined to act, and was replaced by John Whitlaw. 44(5 CATALOGUE OP iir^ CITY aOVERNMENT. COUNOILLOilS. Joseph Bourrot,<*> Patrick Lynch, J. B. Homier, Amablo Provost, John Tully,(2) S. Benjamin, John Whitlaw, Fra. Leclairo, Archil. Hall, Benjamin Holmes, Thomas McGrath, Edwhi Atwater, Ed. Lamarchc, D. McDonald. J. P. Sexton, City Clerk. 1861. Charles Wilson, Esq., Mayor. ALDERMEN. E. R. Fabre, Archd. Macfarlano, Joseph Grenier, J. B. Homier, Patrick Lynch, S. Benjamin. Amable Prevost, John Whitlaw, Frs. Leclaire, Archd. Hall,t8) Edwin Atwater, Ed. Lamarche, D. McDonald, COUNCILLORS. 0. Frechette, John Leeming, H. H. Whitney, Alex. McCambridge, Patrick Larkin, J. R. Bronsdon, A. Montreuil. J. P. Sexton, City Clerk. •" Resigned nnd replaced by Olivier Frechette, May, 1860. **^ Resigned and replaced by L. H. Holton, May, 1850. ro Resigned and tras replaced by Ed. Thompson, Nov., 1851. CATALOaUE OF THE CITY OOVKRNMENT. 447 ge, ). [851. 1852. (») Charles Wilson, Esq., Mayor. ALDERMEN. Josoph Grcnior, Francois Loclairo, John Whitlaw, Edwin Atwator. John Lecming, H. H. Whitney, J. B. Homier, Patrick Lynch, 0. Frechette. COUNCILLORS. Alex. McCambridge, J. II. Bronsdon, A. Montreuil, Ed. Thompson, Patrick Larkin, Joseph Tiffin, R. Trudeau, M. Cuvillior, Henry Starnes, J. P. Sexton, City Clerk. N. B. Corse, Narcisse Vnlois, RoUo Campbell, Louis Marchand, Petrus Labclle, Lambert Bleau, Austin Adams, H. Goyette, Thomas Mussen. Joseph Grenier, John Whitlaw, Edwin Atwater, John Leeming, 1853. Hon. Charles Wilson, Mayor. ALDERMEN. H. H. Whitney, R. Trudeau, N. Valois, P. Larkin, Frs. Leclaire. ^') By the Act 14 and 15 Vic, cap. 128, passed 3l8t August, 1851, the Mayor's election was taken from the Council and confided to the Elec- tors generally, the number of the Aldermen wns increased to nine, find the Suburban Wards were allowed three Members each, the same as the Town Wards. 448 CATALOGUE OP THE CITY GOVERNMENT. COUNCILLORS. Joseph Tiffin, M. Cuvillier, Henry Starhes, N. B. Corse, RoUo Campbell, L. Marchand, P. Labelle, Lambert Bleau, Austin Adams, J. P. H. Goyette, Thos. Mussen, J. B. Homier, Alex. McCambridge, J. R. Bronsdon, A. IVIontreuil, Ed. Thompson, C. J. Coursol, Joseph Papin. Sexton, City Clerk. J. R. Bronsdon, R. Trudeau, Patrick Larkin, H. H. Whitney, 1854. WoLFRED Nelson, Esq., Mayor. ALDERMEN. Edwin Atwater, Joseph Grenier, John Whitlaw, J. B. Homier, Frs. Lcclaire. COUNCILLORS. A. Hibbard, Louis Ricard, Thomas McGrath, Henry Lyman, J. J. Day, Lambert Bleau, RoUo Campbell, Narcisse Valois, Joseph Papin ,'^' J. P. Sexton, City Clerk. t" Mr. P. Lynch having contested Mr. Papin'a election, on the grouni of his not being a " resident householder," as required by law, judgment was, on the 31st October, 1854, reiciered by the Superior Court, sustain- ing Mr. Lynch's application, and declaring him to have been duly elected Councillor for the 3t. Mary's Ward. C. J. Coursol, Ed. Thompson, A. Montreuil, A. McCambridge, Austin Adams, P. Labelle, Henry Starnes, M. Cuvillier, Jos. Tiffin. CATALOGUE OP THE CITY GOVERNMENT. 449 Se> i grouni udgment sustain^ icn duly _ 1855. WoLFRED Nelson, Esq., Mat/or. ALDERMEN. | Frs. Leclaire, Henry Starnes, H. H. Whitney, A. McCambridge, R. Trudeau, Edwin Atwater, J. B. Homier, Narcisse Valois, J. R. Bronsdon. COUNCILLORS. P. Lynch, Louis Ricard, A. Montreuil, Ashley Hibbard, Ed. Thompson, Austin Adams, C. J. Coursol, Ed. Masson, Rollo Campbell, George Browne, Lambert Bleau, M. P. Ryan, J. J. Day, Damase Masson, Eenry Lyman, Amable Jodoin, Thomas McGrath > C. E. Belle. J. P. Sexton, 6% Clerk. 1853. Henry Starnes, Esq., Mayor. ALDERMEN. R. Trudeau, A. McCambridge, Edwin Atwater, Rollo Campbell, Narcisse Valois, J. J. Day, Frs. Leclaire, H. H. Whitney. J. B. Homier. \ \ \ 1 450 CATALOGUE OB THE CITY GOVERNMENT. COUNCILLORS. Lambert Bleau, Henry Lyman, Thomas McGrath, Louis Ricard, A. Hibbard, A. Adams, George Browne, M. P. Ryan, D. Masson, J. P. Sexton, Amable Todoin, 0. E. Belle, Louis Marchand,'^' W. A. Townsend, Henry Bulmer, F. Clarke, Joseph Simard, J. P. Rottot, N. B. Corse,(2) City Clerk. 1857. Henry Starnes, Esq., Mayor. ALDERMEN. Edwin Atwater, Frs. Leclaire, J. B. Homier, A. McCambridge, J. J. Day, L. Marchand, George Browne, D. Masson, H. H. Whitney. COUNCILLORS. Austin Adams, M. P. Ryan, Amable Jodoin, C. E. Belle, W. A. Townsend,(3) Henry Bulmer, F. Clarke, Jos. Simard, J. P. Rottot, J. P. Sexton, City Clerk. N. B. Corse, N. Valois, Jacques Grenier, Fred. Penn, William Redden, J. R. Bronsdon, Andr^j Auclaire, J. H. Tcrroux, Frs. Cusson. "' Elected in place of Ed. Masson resigned. '*' Replaced Mr. Starnes as Councillor in tlic West Ward. I"' Resigned, and was replaced by Daniel Gorrie, Sept., 1857, CATALOGUE OP THE CITY GOVERNMENT. 451 1858. , 0. S. KODIER, Esq., Mayor. ALDERMEN. Frs. Leclalre, A. McCambridge, L. March and, H. H. Whitney, N. Valois. Henry Bulmer, Frs. Clarke, J. B. Homier, N. B. Corse, COUNCILLORS. Jos. Simard, J. J. Day,(i) J. P. Rottot, Jacques Grenier, Fred. Penn, William Redden, J. R. Bronsdon, Andr^ Auclaire, J. H. Terroux, Frs. Cusson, Daniel Gorrie, Amable Jodoin, Aldice Bernard, F. F. Mnllins, J. L. Leprohon, A. N. Rennie, John Smith, J. B. Goyette. J. P. Sexton, City Clerh. 1859. C. S. RoDiER, Esq., Mayor. aldermen. Louis Marchand, Francois Leclaire. A. Jodoin, N. Valois, Edward Thompson, N. B. Corse, Henry Bulmer, D. Gorrie, A. McCambridge. it. Resigned, and was replaced by Ed. Thompson, April, 1858. 452 CATALOGUE OP THE CITY GOVERNMENT. COUNCILLORS. Jacques Grenier, Frederick Penn, William Rodden, J. R. Bronsdon, Andrd Auclaire, J. H. Terroux, A. Bernard, F. F. Mullins, J. L. Leprohcn, Frs. Cusson, A. N. Rennie, Jolin Smith, J. B. Goyette, Henry Lyman, W. Bristow, R. Bellemai'e, Francois Contant, Josej)h Duliamel. Ciis. Glackmeyer, Citi/ Clerk. (Jppoinled I5tk .April, 1859.) 1860. C. S. Rodier, Esq., Mayor. aldermen. L. Marchand, N. B. Corse, F. Leclairc, A. McCambridge, Henry Bulmer, A. Jodoin, D. Gorrie, Edward Thompson, J. jj. Leprohon councillors. A. Bernard, F. F. Mullins, A. N. Rennie, J. B. Goyette, Henry Lyman, R. BcUemare, F. Contant, Joseph Duhamol, W. Bristow,'^' Chs. Glackmeyer, Jacques Grenier, John Smith, ^2) Frederick Penn, William Rodden, Fran^'ois Cusson, Thomas McCready, G. L. Rolland, J. B. Homier, J. B. Brousseau. City Clerk. '" Wfts declared disqualified by judgment of the Court, and was replaced by Charles Tuggey, March, 1860. '-J Resigned, and was replaced by J. L. Beaudry, June, I860. CATALOGUE OP THE CITY GOVERNMENT. 4o:5 . . 1861. » C. S. RoDiER, Esq., Mayor. ALDERMEN. F. Leclaire, D. Gorrie, R. Bellemare, A. McCambridge, Edward Thompson, Henry Lyman, Henry Bulmer, Jacques Grenier, J. L. Beaudry. COUNCILLORS. n. F. Contant, Joseph Duhamel, Frederick Pcnn, William Redden, Fran^'ois Cusson, Thomas McCready, G. L. RoUand, J. B. Homier, J. B. Brousseau, Charles Twggey, J. B. Uoyette, J. B. Rollaud, G. B. Muir, A. A. Stevenson, Thomas McGrath, D. McNevin, George Bowie, Ferdinand David. Ciis. Glackmeyer, City Clerk. ly, and was 1862. J. L. Beaudry, Esq., Mayor. aldermen. Edward Thompson, Jacques Grenier, F. Leclaire, Henry Bulmer, D. Gorrie, R. Bellemare, Frederick Penn, William Rodden, J. B. Homier. 454 CATALOGUE OP THE CITY GOVERNMENT. COUNCILLORS. Francois Ousson, Thomas McCready, G. L. RoUand, J. B. Brousseau, J. B. Goyette, J. B. Rolland, G. B. Muir, A. A. Stevenson, Thomas McGrath, Daniel McNevin, George Bowie, Ferdinand David, Henry Lyman, P. Donovan, J. 11. Bronsdon, A. Martin, Joseph Poupart, F. Contant.(i) Ciis. Glackmeyer, City Clerk. 1863. J. L. Beaudry, Esq., Mayor. F. Leclairo, H. Buhner, D. Gorrie, R. BoUemare, J. B. Goyette, J. B. Rolland, G. jI. Muir, A. A. Stevenson, Thos. McGrath, Daniel McNevin, George Bowie, Ferd. David, P. Donovan, ALDERMEN. Jacques Grenier, Fred. Pcnn, W. Rodden, H. Lyman, F. Contant. COUNCILLORS. J. R. Bronsdon, A. Martin, Jos. Poupart, Thos. McCready, A. McGibbon, B. Devlin, A. E. Montmarquet, E. Lamoureux, L. Labolle, Ciis, Glackmeyer, City Clerk. "• Replaced J. L. Beaudry as Councillor in the St. James' Ward. CATALOaUB • OF THE CITY GOVERNMENT. im 1864. • J. L. Beaudry, Es(i., Mayor. ALDERMEN. F. Leclaire, Jacques Grenier, H. Bulmer, Fred. Penn, % D. Gorric, W. Redden, R. Bellcmare, H. Lyman, F. Contant. COUNCILLORS. P. Donovan, J. B. Goyette, J. R. Bronsclon, J. B. Rolland, A. Martin, A. A. Stevenson, Jos. Poupart, D. McNcvin, Thos. McCready, Geo. Bowie, A. McGibbon, Ferd. David, B. Devlin, T. S. Higginson, E. Lamoureux, J. W. McGauvran, L. Labelle, J. Leduc.'i' Chs. Glackmeyer, City Clerk. [uet. 1865. J. L. Beaudry, Esq., Mayor. aldermen. J. Grenier, W. Rodden, F. Contant, D. Gorrie, Ferd. David, Geo. Bowie, J. B. Rolland, A. A. Stevenson, Thos. McCready. SVard. '.'^ Replaced Councillor Montmarquet, resigned. 466 CATALOaUB OP THE CITY OOVKRNMENT. A, McGibbon, B. Devlin, E. Lainoureux, L, Labollo, J. ]J. Goyctte, D. McNeviii, T. S. Jfigginson, J. W. McGauvran, COUNCILr.OK>«!. P. Donovan, Jos. Pou}jart, C. Ar<3hambault, C. AlcxH'iider,''* A. W. Ogilvio, I>avid lirown, J. H. Isaacson, F. Cassiflv, B. Bastion. J. Leduc, Cus. Glackmeyer, Oitj/ Clerk. LIST OF ACTING MAYORS, APPOINTED UNDKR TUB PROVISIOyS OP THE 2d SECTION OF THE ACT 10 VIC, CAP. 128., WITU DATES OF Al'l'OlNfMENT. R. Trudcau, Esquire, 13th September, 1853. C. J. Coursol, " 13th December, " J. R. Bronsdon, " 13th March, 1854. H. H. Whitney, " ...... 12th June, " Henry Stai-nes, " 11th September, " RoUo Campbell, " 11th December, " Ed. Thompson, " 12th March, 1855. Ed. Masson, " 11th June, " J. J. Day, " 10th September, " D. Masson, " 10th December, " A. McCambridge, " 10th March, 1856. N. Valois, " 10th June, « ^'> Replaced Alderman Pcnn, resigned. • ACTixa MAYORS. ,■- 457 Henry Lyman, Gaquiro, . 8th September, 1856. Louis Marchand, a 9th December, " W. A. Townseud, U Dth March, 1857. Louis Marchand, a 8th June, " Henry Bulmer, a 14th September, " A. Jodoin, a 14th December, " Daniel Gorrie, a 8th March, 1858. J. P. Rottot, a 14th Juno, " Fred. Pcnn, (( . ... 14th September, " Jac(iues Grcnier, u 13th December, " William Rodden, (( 14th March, 1859. Frs. Cusson, (( 13th June, " A. Bernard, a 12th September, " Frs. Leclaire, a 12th December, " N. B. Corse, li 12th March, 18G0. J. L. Leprohon, 11 11th June, " Henry Lyman, a 10th September, " R. Bellemare, a 10th December, " Chas. Tw^'^cy, li . ...11th March, 1861. Jacques Grenier, a 10th June, « Daniel Gorrie, a . . . . . 9th September, " J. L. Beaudry, n 9th December, " Tlios. McCroady, a 10th March, 1862. ft J. Btc. Goyette, ii 9th Juno, " G. B. Muir, a 8th September, " Frs. Contant, « .... 0th December, " A. A. Stevenson, li .... 0th March, 1863. Ferdinand David u 10th June, " . D. McNevin, li . . . .14th September, " J. B. Rolland, li .... 14th December, " George Bowie, ii .... 14th March, 1864. Jos. Poupart, (( 13th June, " P. Donovan, « 12th September, " Ludger Lubelle, a 12th December, « B. Devlin, li H* .... 13th March, 1865. • 458 CITY OFFICIALS. OFFICEllW OF THE CORPOBATION. John P. Sexton, City Recorder. Chs. (Jlackmcyer, City Clerk. Edouard Demers, City Treasurer. P. MacQuisten, City Surveyor. Peter L. Macdonell, Assistant City Clerk. F. W. Penton, Chief of Police. H. I. Dibotson, Clerk Recorder's Court. Louis Lesage, Superintendent Water Works. L. W. Tcssier, Accountant Water Works. A. Bertram, Ciiief Engineer Fire Department. J. B. Dubuc, Inspector of Buildings. John Kennedy, Deputy City Surveyor. F. A. Lamontagne, and John O'Connor, Assistants Trea- surer's Office. G. E. Starncs, D. Clarihue, and W. A. Musscn, Extra Clerks Treasurer's Office. J. y. Duvcrgcr, Extra Clerk Recorder's Court. C. Perrin, James O'Brien, and Chs. Lapierre, Extra Clerks* Water Works. F. H. Badger, Chief Telegraph Operator. F. X. Gauthier, ) ' • i. i. m i \ r\ l Z. ,^ ,„ M xik-SFistant Telegraph Operators. James YuiU, ) James J. Bogue, Exti'a Clerk Road Department. J. Perrigo, Clerk Bonsecours Market. F. Benoit, Assistant ditto. Henry KoUmyer, Clerk of St. Ann's Market. Thos. Day, Assistant ditto. Joseph Robillard, Clerk of Cattle Market. Wm. Gunn, Assistant ditto. A. Schwartz, Clerk of Hay Market. D. D. Grenier, Assistant ditto. Elie BeauUeu, Clerk of St. Lawrence Market. CITY OFFICIALS. 4o0 T. Orsali, Clerk of Papincau Market. M. M. Vaughan, -Clerk of St. Gabriel Market. C. Lcfebvrc, Clerk of St. Antoino Market. A. D. Jotibert, Bailiff Recorder's Court. Jos. Dumont and L. C. Thdrien, Extra Bailiffs. James D'Arcy, Messenger. Henry Stuart and Rouer Roy, Attorneys. ^' Ross and C. F. Papineau, Notaries, ! Trea- , Extra ilD OP ASSESSORS. J^rOmi uicnir, James C. Beers, Joseph Deschamps, Daniel Farrell, Rdmi Lambert, Thomas McGinn. CLERKS. P. N. Lamothe, | A. A. Lynch, Francis Dowd. Clerk8 IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 m Ui 12.2 £f 1^ 12.0 mi ill'-2^ 1 '' liL ^ 6" ► Hiotographic Sciences Corporation 23 WIST MAIN STRHT WnSTIR.N.Y. MSM (716) 872-4503 ^ <^ 460 RULES OF OOUNCIIi. RULES AND ORDERS* OF THE COUNCIL OF THE CITY OF MONTREAL. Time of meeting itnd wlio shall preside. Mayor's absence. Reading of tile minutes. MANAGEMENT OF THE COUNCIL. 1. As soon after the hour of meeting, as there shall be a quorum present, agreeably to the Ordinance of Incorporation, the Mayor of the said City, if present, or, in his absence, the acting Mayor, or, in the absence of the acting Mayor, such Alderman or Councillor as the members of the Council, so assembled, shall choose to be Chairman of any such meeting, shall take the Chair, and call the Members to order. 2. In case the Mayor shall not be in attendance, or if in attendance, should wish to leave the Chair, the acting Mayor shall take the Chair, or in the absence of the acting Mayor the senior Member present shall, from his place, call the meeting to order, until a President be chosen, according to the provisions of the Ordinance, who shall sit until the arrival or return of the Mayor. 3. Immediately after the Mayor, or Presiding Member, shall have taken his scat, the minutes of the preceding Meeting shall be read by the Clerk, in French and English alternately, in order that any mistake therein may be corrected by the Council. Adopted 8th May, 1863. RULES OP COUNCIL. 461 English i'rected 4. When the Council adiourns, the Members shall keep ordorin then- seats until the Maypr, or Presiding Member, has lelt the Chair. 5. (By the 48th section of the Act of Incorporation, 14th Quorum, and 15th Vic, cap. 128, it is provided, that not less than one- third part of the whole number of the Members of the City Council, viz. : ten Members, including the Mayor, shall be necessary to constitute a Meeting of the said Council for the exercise of its powers.) 6. Whenever the Mayor, or Presiding Member, shall No quorum, adjourn the Council for want of a quorum, the time of the adjournment, and the names of the Members then present, shall be inserted in the minutes; 7. Any two Members may require the Council Room to be withdrawal " ./I ^ ^ of strangers. cleared of Strangers ; and the Mayor, or Presiding Member, shall immediately give directions to have the order executed without debate. 8. The Mayor or Presiding Member shall preserve order order in tuo and decorum, and shall decide questions of order, subject to an appeal to the Council ; in explaining a point of order or practice, he shall state the rule or authority applicable to the case. (By the 30th section of the Act 23rd Vic, cap. 72, it is provided, that the Mayor or other Officer for the time being presiding at any meeting of the Council, shall have power to. enforce his authority, for the maintenance of order and decency, by causing to be forcibly put out of and excluded from the Council Chamber, until the adjournment of the Meeting, any Member of the Council, persisting in misdemean- ing himself, after the Mayor, or Officer so presiding, shall declare him to be out of order ; Provided that upon a motion to that effect, it shall bo resolved by a majority of at least three-fourths of the Members present that the Mayor, or Officer presiding, should enforce his authority in that behalf; and any motion to that effect shall always be held to be in order, and shall be put and decided upon without debate.) 9. The Mayor, or Presiding Member, shall not take part Major not in any debate before the Council, or vote, unless the Council 462 RULES OF COUNCIL. shall be equally divided, in which case he may give his reasons for so voting. He may, however, state facts, and give his opinion on questions of order. DEBATE. Members 10. When any Member is about to speak in debate, or apea ng. deliver any matter in the Council, he shall rise in his place, and respectfully address the Mayor, or Presiding Member, shall confine himself to the question under debate, and avoid all personalities or offensive words against any Member of the Council. 11. When two or more Members happen to rise at the same time, the Mayor or Presiding Member shall name the Member who is first to speak. Order in debate. 12. A Member called to order shall sit down, but may afterwards explain. The Council, if appealed to, shall decide on the case, but without debate. If there be no appeal, the decision of the Chair shall be final. Two or more momberg rising together. Reading tlie question. No member to speak more than once; Nor more than ten minutes. 13. Any Member may of right require the question or motion in discussion to be read for his information, at any time during the debate, but not so as to interrupt a Member while speaking. 14. No Member shall speak more than i to a question, except in explanation of a material part c- . .,i speech, which may have been misconceived or misundei*stood, but then he is not to introduce any new matter. A reply is allowed to a Member who has made a substantive motion to the Council, but not to any Member who has moved an amendment, the previous question, or an instruction to a Committee. 15. No Member shall speak longer than Ten Minutes at a time without leave of the Council. ^ Decorum in the Council. CONDUCT OF MEMBERS. 16. When the Mayor, or Presiding Member, is putting a question, no Member shall walk out of or cross the room, or make any noise or disturbance ; and when a Member is speak- \i / RULES OF COUNCIL. 463 ing, no Member shall interrupt him, except to order, nor pass between him and the Chair ; and no Member may pass between the Chair and the table. 17. Every Member who shall be present when a question Members to , , vote, unlexs is put, shall vote thereon, unless the Council shall excuse him, i-ewonaiij * Interested. or unless he be personally interested in the question ; Provided such interest is resolvable into a personal pecuniary profit, or such as is peculiar to the Member, and not in common with the interests of the Citizens at large, in which case he shall not vote. ROUTINE BUSINESS. 18. The Ordinary Routine of business in the Council shall Routine 1 « 1. of business. be as follows : — Receiving Petitions, ■ Receiving Reports of Committees, Notices of Motions, Questions put by Members, Orders of the Day. 19. Questions may be put to the Mayor, or Presiding Queptions Member, or to th^ Chairman of any Standing or Special ^^ ™«n''"^"- Committee of the Council, relating to any Bv-law, Motion, or other proceedings or public matter connected with the business of the Council — but, in putting any such question, no argument or opinion is to be offered, nor any facts stated, except so far as may be necessary to explain the same. And, in answering any such question, a Member is not to debate the matter, to which the same refers. MOTIONS AND QUESTIONS. 20. The Mayor, or Presiding Member, shall consider a Motion Motion to adjourn as always in order, unless a Member has " **''**"™- possession of the floor, or any question has been put and not decided ; and it shall be decided by the Council without debate. 21. All Motions shall be in writing, and seconded before Motions, being debated, or put fi-om the Chair. When a Motion is 464 RULES OP COUNCIL. Motions, how proposed. seconded, it shall be read in English and in French by the Mayor, or Presiding Member, if he is familiar with both lan- guages ; if not, the Mayor or Presiding Member shall read the Motion in one language, and direct the City Clerk to read it in the other, before debate. 22. After a Motion is seconded, and submitted by the Mayor, or Presiding Member, it shall be deemed to be in possession of the Council, but may be Avithdrawn at any time, before decision or amendment, with permission of the Council. 2§. The Mayor, or Presiding Member, shall propose all Questions, in the order in which they are moved, except in naming sums and fixing times, when the largest sum and the longest time shall be put first. 24. When a Question is under debate, no Motion shall be received unless — 1. To amend it ; 2. To commit ; 3. To lay on the table ; 25. The previous Question, until it is decided, shall preclude all amendment and debate of the main Question, and shall be in this form, " Shall the main Question now be put ?" If the previous Question be resolved in the affirmative, the original Question is to be put forthwith, without any amendment or debate. .When in |)08i>oc>sion of the Council. During debate, what iu order. 4. To postpone it ; 6. For previous question; 6. To adjourn. Previous question. KccoDsidera* tion wlien may bo made. Motion to postpone, &c. not debateable. Amendment in amendment to an amendment. 20. A Question may be re-considered at any time during the same sitting, by a vote of the majority of the Members present, or at the first or any other sitting thereafter, by the concurrent vote of the majority of the whole Council (viz. 15). A motion for re-consideration being once made and decided in the affirmative or negative, shall not be renewed before the next Civic year. 27. A Motion for postponement or commitment shall, until it is decided, preclude all debate of the main question. . 28. A Motion to amend an amendment shall be in order ; but to amend an amendment to an amendment shall not be entertained. RULES OF COUNCIL. 465 until 29. An amendment modifying the intention of a Motion inordurwhon. shall be in order ; but an amendment relating to a different subject shall not be in order. 30. On an amendment to "strike out and insert," the To "strikoout paragraph to be amended shall first be read as it stands, then how made, the words proposed to be struck out and those to be inserted, and finally, the paragraph as it would stand if so amended. DIVISIONS. 31. When Members have been called in, preparatory to a Divisiong. division, no further debate is to be permitted. 32. If any two Members require it, the Yea% and Nays Yeas and Naya. upon any question shall be called and entered upon the minutes of the Council, in the following order : First. — The newly elected Members for the St. Mary, St. James, St. Louis, St. Lawrence, St. Antoine, St. Anne, West, Centre, and East Wards, in the order in which the said Wards are herein enumerated, — provided that Members re-elected for any of the said Wards shall take precedence of all Members newly elected, and not before in the Council. Second. — The Old Members for the said Wards in the order above enumerated. • Third. — The Aldermen, in the inverse order of their appointment, the last appointed voting first. PETITIONS. 33. Every Petition, Remonstrance, or other written AppH- petitions to cation, intended to be presented to the Council, shall have endorsed thereon the name of the applicant, and the substance of such application, which endorsement shall be read by the City Clerk, unless a Member shall require the reading of the paper, in which case the whole shall be read. SUPPLIES. 34. No Resolution, Motion, or Report involving the expen- supply votes to diture of any portion of the City Revenue, shall be adopted by tiio tinance by the Council unless the same shall have been previously 466 RULES OP COUNCIL. submitted to and sanctioned by the Finance Committee. Provided, however, that upon the refusal of the Finance Committee to sanction an appropriation asked for by any Committee, the said Council may, by a vote of three-fourths of its Members, order such appropriation to be made. Uy>law8 to be printed. Kcadiiigs of bj'-Iaws. KcadiiifiB ofby-lawB. Keadings of by-laws. BY-LAWS. 35. All By-laws shall be printed in both languages, for the use of the Members, before being submitted to the Council for consideration. 86. When a By-law or Petition is read in the Council, the Clerk shall certify the readings, and the time on the back thereof. 37. Every By-law shall be read twice before it is committed and engrossed, and read the third time before it is signed by the Mayor. 38. No By-law brought into the Council shall have more than one reading on the same day. Koc«andco8tof 39. The exponscs and costs attending on private By-laws Iirivate by-laws. .. ,. ... „ i-i.r'/.i. giving any exclusive privilege, or lor any object oi profit, or private, corporate, or individual advantage, or for amending, extending, or enlarging any former By-laws in such manner as to confer additional powers, ought not to fall on the public ; accordingly, the parties seeking to obtain any such By-law shall be required to pay to the City Treasurer, before the third reading thereof, an amount sufficient to cover the cost of printing, engrossing, and publishing the said By-law, and no such By-law shall be read a third time until a certificate from the City Treasurer shall have been filed Avith the City Clerk, that the cost of printing, engrossing, and publishing as afore- said, has been paid to him. PRIVILEGES. i'riviiege. 40. Whenever any matter of privilege arises, it shall be taken into consideration immediately. RULES OF COUNCIL. 401 COMMITTEES. 41. Whenever it shall be moved, and carried, that the committee r^ •! t 11 • /-* • n 1 1 1 1 i* of tho wholo. Council shall go into Committee ot the whole, the Mayor, or Presiding Member, before leaving the Chair, shall appoint a Chairman of the Committee of the whole, who shall maintain order in, and report the proceedings of the Committee. The rules of proceedings in Council, shall be observed in Committee of the whole, so far as they may be applicable, except the rule limiting the number of times of speaking. 42. When in Committee of the whole Council, all motions order of relating to the matter under consideration shall be put in the *"^"*^*'° "*" order in which they are proposed. 43. On motion in Committee, to rise and report, the question Motion thot shall be decided without debate. the chair. 44. The Standing Committees shall be appointed by the standing n "1 11 ii-\ i-»«-..-««-i committees. Council, annually, at the Quarterly Meeting in March. They shall each consist of seven Members, and shall be as follows : — 1. On Finance. 6. On Markets. 2. On Roads, 7. On Light. 3. On Police. 8. On City Hall. 4. On Fire. 9. On Licenses. 5. On Water. 10. On Health. 45. Special Committees may be appointed on m. I-a of a special com- Member by consent of the Council. Committees appoihted to report on any subject referred to them by the Council, shall report a statement of facts, and also their opinion thereon, in writing, and no report of any Committee shall be received unless the same shall have been agreed to in Committee actually assembled, and signed by a majority thereof. 46. On the acceptance by the Council of a final report, when from a Special Committee, the said Committee shall be con- sidered discharged, without a vote, unless otherwise ordered. 47. No M'eeting of any Committee shall be called upon committees, less notice than twenty-four hours. diHchargcd. 468 RULES OP COUNCIL. MoctlnsK of oommiucoH not cortalii (lays. Quorum. I'rocoodlngR when tliorc* id uo quorum. 48. Unless for business of the most urgent importance, to uko'i'iViicooii and with the sanction of the Mayor, no meeting of Committee shall be held on the same day as a meeting of the Council. 49. Of the number of Members appointed to compose a Committee, a majority of the same shall be a (|uurum, unless otherwise ordered by the Council. 50. If within thirty minutes after the time for which any Committee shall have been called, there shall not be a quo- rum of the Members present, any Member of such Committee, then present, may leave the Committee room, and before doing so have his name recorded as present, which will pre- clude any business being done at that meeting, although there should subsecjuently be a quorum. 61. Members of the Council may attend meetings of any of its Committees, but shall not exercise the privilege of voting. 52. No Committee shall enter into any contract with, or toTtami'inbirs. authonzo the purchase of, any article from any of its Mem- bers. Members may »ttond committcot) Committer togivocoi Chairman, his attribuduiiB. 53. No Chairman of any Committee shall audit or approve any Bill or Account against the City, for any supplies or services, which shall not have been ordered or authorized by the Committee. Kcconsidera- 54. The 26th Rule relative to the re-consideration of mo- committces. tions on questions in the Council, shall also apply to the re-consideration of any question in Committees. Chairman 55. When a Sufficient number of the Members of a Com- pro'cwdinga in mittce cannot agree to a Report on any matter referred to them, the Chairman of such Committee shall make a special report of the proceedings to the Council, in order that a decision may be had in the matter. To prepare orders of the day. DUTIES OF CLERK. 56. The City Clerk shall make a list of all By-laws, Reso- lutions, or Reports on the Table, which shall 'be considered " The general Order of the Day" — original Communications nULES OP COUNCIL. 400 ininutoM, ko. and Petitions shall bo first taken up, then any nnfinislicd sub- ject, then the special Orders of the Day, unless the Council shall decide differently. 67. The Clerk shall keep Minutes of the Votes and Pro- Tokt..p ceedings of the Council, entering thereon all accepted orders and resolutions ; shall notice reports, memorials, and other papers submitted to the Council, only by their titles, or a brief description of their purport, but all accepted reports shall bo entered at length, and the said Minutes shall be fairly copied into a separate journal, to bo kept for that purpose, and provided with an index ; he shall also forward all tho papers to tho appropriate Committees and Officers, as early as possible after the reference shall have been made. 68. It shall also bo tho duty of tho Clerk of tho City Coun- To uttoiui cil to attend tho Meetings of Council and Committees, and to keep the records of Committees of the Council, and ho shall provide suitable blank -books for that purpose ; and the said Clerk shall have the custody of the Minutes so kept, which, like all the other records, shall be subject to tho inspection of the Members of the Council. rocotiiigtij Jicc. 69. No standing rule or order of the (Council shall be sus- ruIgs how pended, unless three-fourths of the Members present shall *"*P"»''^^- consent thereto ; nor shall any rule or order be repealed or amended without duo notice being given of the motion there- for ; nor unless a majority of the whole Council shall concur therein. 470 RULBS OF FIRB DBPARTMENT. RULES FOR THE GOVERNMENT or THE FIRE DEPARTMENT. STATIONS. 1. The Stations of the City Fire Police shall bo onunie- rated as follows : — No. 1 — Central Station, Craig Street. No. 2 — Court-House Square. No. 8 — Wellington Street. No. 4 — Chaboillez Square. No. 5 — St. Catherine Street. No. 6 — German Street. No. 7 — Dalhousie Square. No. 8 — Visitation Street. DISTRICTS. 2. For the greater convenience of operating the Fivi' Department, the City shall be divided into three Districts. District No. 1 — Shall comprise all that part of the City lying west of St. Denis and Bonsecours Streets, and east of George Street, Dupr^ Lane, Ste. Monique Street, and McGill College Avenue, and from City Boundary to the River. District No. 2^-Shall comprise all that portion of the City lying west of No. 1 District. District No. 3 — Shall comprise all. that portion of the City lying east of No. 1 District. RULES OF FIRB DEPARTMENT. 8. Tho Firo-Polico and Signal Stations included within tlio ))0imdarie8 of tho aovcral Districts shall bo as follows: — District No. 1. Fire Stations. Apparatus. No. 1.— Central i Jl^^e, ( Hooks and Laddon^. No. 2. — Court-House Square Hose. No. .5.— St. Catherine Street i If^' ( hnji;ine. No. 6.— Gorman Street {J*'*?- ( Engine. Signal Stations. Nos. 1, 8, 4, 5, 6, 7, 8, 9, 12, 24, 26,84, 8.5, 30, 37, 38, 'W, 41, 42, 43, 45, 40, 47, 48, 49, 51, 52. District No. 2. Fire Stations. Apparatus. ( Engine. No. S.—Wellington Street ] Hose, ( Hooks and Ladders. No. 4. — Chaboillez Square Hose. Signal Stations. Nos. 13, 14, 15, 10, 17, 18, 19, 21, 23, 25, 27, 28. 29, 31, 82, and 04. District No. 3. Fire Stations. Apparatus. No. 7. — Dalhousie Square Hose. SHose, Engine, Hooks and Ladders. Signal Stations. Nos. 2, 53, 54, 56, 57, 58, 59, 01, 02, 63, and 65. 471 472 RULES OF FIRE DEPARTMENT. ORGANISATION OF STATIONS. 4. The different Stations shall be organised as follows ; No. 1 — Central Station One Guardian, 1st. One Guardian, 2nd. Two Drivers. No. 2 — Court House One Guardian. One Assistant Guardian. One Driver. No. 3 — Wellington Street One Guardian. One Assistant Guardian. One Driver. No. 4 — ChaboilleIz Square One Guardian. One Assistant Guardian. One Driver. No. 5 — St. Catherine Street . . One Guardian. One Assistant Guardian. One Driver. No. 6 — German Street One Guardian. One Assistant Guardian. One Driver. No. 7 — Dalhousie Square One Guardian. One Assistant Guardian. No. 8 — Visitation Street One Guardian. One Assistant Guardian. One Driver. DUTIES OF GUARDIANS, ASSISTANT GUARDIANS, AND DRIVERS. It shall be the duty of the Guardians and Drivers of the Fire Police to give attendance at their respective Stations, and they shall not absent themselves without leave of absence from the Chief. The first or senior Guardians shall be entitled to a residence and a water-service at their respective stations ; and the Assistant Guardians and Drivers shall ■\ ' > RULES OF PTRE DEPARTMENT. 47» have sleeping accommodations, — it being understood, how- ever, that they supply suitable bedding at their own expense. 6. The Members of the City Fire Police are strictly pro- hibited from the intemperate indulgence in spirituous liquors and from the use of profane swearing, and shall abstain from noisy and quarrelsome conduct. They shall not, under any pretence whatever, enter into Taverns unless when required; in the regular discharge of their duties as Firemen, or bring Spirituous Liquors into any of the Stations, under pain of imme- diate dismissal. The first Guardian of each Station shall be held responsible for the good order of his Station. He shall see that all the apparatus appertaining thereto is kept in an efficient state ; he shall report all deficiencies and damage to the Chief without delay ; he shall see that the watches are properly set and kept ; he f^uuU also keep a book, or journal, shewing the daily routine of duty, according to a form to be furnished by the Chief, open to the inspection of the Officers of the Force ; and it shall be his duty to report all irregularities, misconduct, or acts of insubordination of his subordinates. 7. The City Fire-Police shall not engage, either directly or indirectly, in any business or occupation. Civil or Military, other than that for which they are employed as Members of this Force ; and they shall act in any capacity for which their services may be required for working Engines, Hose, Hooks* and Ladders, Axes, Fire-escapes, &c., &c.. according to the exigency of the service. ORDER OP WATCH. 8. In those Stations where there are two Guardians, the watch shall be six hours each alternately, viz. : 12 to 6 P M. 12 to 6 A.M. 6 to 12 P.M. 6 to 12 M. 9. Stations having two Guardians and one Driver, the Avatch shall be four hours each alternately, viz. : — 12 to 4 P.M. 12 to 4 A.M. 4 to 8 P.M. 4 to 8 A.M. 8 to 12 P.M. 8 to 12 M. 474 RULES OF FIRE DEPARTMENT. 10. Stations having four Guardians and Drivers, the watches shall be six hours each in succession, viz.": 12 to 6 P.M. 12 to 6 A.M. 6 to 12 P.M. 6 to 12 A.M. 11. When not on watch or engaged in Street-watering, as is hereinafter provided, the Guardians and Drivers may be absent for meals, and, if married, for the purpose of attending to their families ; but, with the exception of the first, leave of absence shall be first obtained. STREET-WATERING. 12. The Street-watering Service having been assigned to the City Fire-Police, it shall be the duty of the Assistant Guardians and Drivers to perform such service, when not occupied in the duties of Firemen ; it being provided, however, that the men whose watch occurs between Sunset and Sunrise shall not be liable to work the water-tanks. HOSE-CLEANING. 13. In addition to the ordinary duties assigned to Guardians and Drivers, the staff of the Central Station shall be charged with the cleaning and repair of the hose. The hose to be brought to the Station, changed, and taken away by the Guardians or Drivers of the several stations. DUTIES OF CHIEF ENGINEER. 14. The Chief Engineer shall give attendance at the Central Station every day (Sundays excepted,) from 9 a.m. till 12. He shall command the entire force at fires; shall issue orders nt his discretion to the Police at their several stations, in con- sonance with the City Fire By-laws, and with the provisions of these regulations. He shall be empowered to suspend any Member of the force for misconduct or disobedience of orders, which shall be immediately reported to the Committee with a full statement of the reasons for the course pursued. And, as the executive officer of the Fire Committee, he shall communi- cate the orders of said Committee to all parties concerned. RULES OF FIRE DEPARTMENT. 476 of 15. It sli- ')e his duty to keep a journal of the operations of the department in all its parts, and present a synopsis of its working to the Fire Committee quarterly, and shall report annually in detail, — enumerating the losses which have oc- curred ; the causes of Fires, when known ; the occupation or business carried on; the supposed value of property destroyed, whether real or personal ; together with such observations and recommendations as he may deem fitting to promote the efficiency of the Department. 16. He shall, when required, render all possible aid in the good working of the Fire Alarm Telegraph establishment. DUTY OF ASSISTANT ENQINEBR. 17. It shall be the duty of the Assistant Engineer to aid and assist the Chief Engineer at fires, and to take the entire direction in his absence ; and to give attendance at the office (Central Station) every day from 1 o'clock until 8 p.m. 18. He shall inspect the several Stations twice weekly, in rotation ; he shall aid the Chief in keeping the journal and order-book of the Central Office ; he shall compile statements from station-books ; and generally render all possible assistance in conducting the business of the Department. GENERAL RULE. 19. Every Member of the City Fire-Police, including the Chief, Engineer and his Assistant, shall devote their entire time and energies to the duties appertaining to their respective offices. The violation of this rule shall expose the delinquent to immediate dismissal. m^^^. 47G RULES OF FIRE DEPARTMENT. CITY FIRE COMPANY. 20. The City Fire Company shall be divided into three Sections of twelve Firemen and six Supernumeraries. 21. The First Section shall be under the immediate command of the Captain, and its rendezvous or rallying point shall be the Central Station. 22. The Second Section, of an equal number of men, shall be placed under the immediate command of the First Lieute- nant; and their place of meeting shall be No. 3 Station, Wellington Street. 23. The Third Section shall be constituted like the former, under the immediate command of the Second Lieutenant, and shall meet at No. 8 Station Visitation Street. 24. When all or any portion of this Company are called out for duty, it shall be under the immediate command of the Senior Company OflScer present, who shall be directed by the Chief or Assistant. DUTIES OF CITY FIRE COMPANY. 25. The duties of the City Fire Company shall be such as the exigency Of the particular ease may require. They shall be liable to operate Fire-engines, work Hose, raise or place Ladders, demolish wooden erections, and generally to do any duty which may be required of them for the extinguishment of fires. 26. It shall be the duty of the Captain and Lieutenants to maintain the discipline and eificiency of the Company, and they shall be held responsible therefor. 27. The several sections of the City Fire Company shall turn out according to the rules established for the City Fire- Police, viz. : — RULES OP FIRE DEPARTMENT. 477 Fir6t Alarm. No. 1 District Ist Section. No. 2 District 2nd Section. No. 3 District 3rd Section. Second Alarm. No. 1 District, west . . 1st and 2nd Sections. No. 1 District, east 1st and 3rd Sections. No. 2 District 1st and 2nd Sections. No. 3 District 1st and 3rd Sections. Third Alarm. 1st, 2nd, and 3rd Sections. 28. The Roll must be called by the Chief Engineer or Assistant, or in their presence, and absentees will be liable to fine or drawback of pay for non-attendance according to the following scale, viz. : Captain $1.50 Lieutenants il . 00 Firemen 0. 50 29. Supernumerary Members will be entitled to pay, when siipplying the place of absent Members, provided, however, that not more than twelve men are returned as present for each Section of the Company. -.*-»w— --.^.vj» DRESS AND FNIFORM. 30. The Members of the City Fire-Police shall provide them- selves with such Uniform Dress as the Fire Committee shall prescribe, and they shall wear such dress when upon duty. Should the Members, however, fail to provide the Uniform prescribed by the Committee, the Chief shall order the same ; the cost to be deducted from the pay of the Members for whom it shall be so provided. Any variation of Dress, according to the occasion and season of the year, will be ordered by the Chief. 478 RULES OF FIRE DEPARTMENT. 31. The Dress of the City Fire Police shall consist of the following, viz : — Gap — Leather Regulation. iShirt — Red Flannel. Pan- taloons — Dark Mixture, with Waist Belt. COLOURS. Ist. District — Bed^ 2nd. District — Green. 3rd. Dis- trict — Blue. In addition, an India Rubber Poncho Over-all for winter. 32. The City Fire Company shall wear such Uniform as they may adopt, provided, however, that it shall be of the same pattern ; the several Sections being distinguished by the colours of the Districts to which they may have been assigned. FIRE-ALARM TELEGRAPH. 33. The Superintendent and Chief Operator shall have sole control of the apparatus connected with the Fire-alarm, Water and Police Telegraph. He shall be empowered to direct the working of said Fire-alarm Telegraph in every particular, and shall be held responsible to the Fire Committee for the good order and efficiency of the establishment ; and in order that such responsibility may be efficacious, he shall have the power to suspend his subordinates for any grave dereliction of duty, pending the action of the Fire Committee. 34. It shall be the duty of the Superintendent and Chief Operator to present to the Fire Committee on or before the first March, in each and every year, a report detailing the working of his department during the year, with such sugges- tions for the consideration of the Committee, as he may deem expedient. 35. Each Operator shall be required to perform a duty of sixteen hours per diem, — eight hours active and eight hours as assistant, — and to be at all times subject to such extra service as may be necessary for the proper working of the system. RULES OF FIRE DEPARTMENT. 470 86. Upon the requisition of the Superintendent and Chief Operator, the Chief Engineer of the Fire Department shall furnish men from the City Fire-Police for the purpose of setting or erecting poles, or for any other duty of a like nature, which may be required. ALARMS. . 87. The alarm of fire shall be communicated to all the Stations. The Fire-Police and section of City Fire Company within the District indicated only shall turn out upon the first alarm ; the force of the other Districts, however, shall hold them- selves in readiness to proceed to the fire if required. District No. 1. — Upon a second alarm in No. 1. District, tvest of St. Joseph and St. Urbain Streets, No. 2 District shall turn out to assist No. 1. District. If the fire shall occur east of said line, No. 3 shall turn out. District No. 2. — Upon a second alarm in District No. 2, District No. 1, west of St. Urbain Street, shall turn out to their assistance. District No. 3. — Upon a second alarm in District No. 3, District No. 1, east of St. Urbain Street shall turn out. In all cases, the whole shall turn out upon a third alarm. signals. 38. For a First Alarm — The signal-box number will be struck three times in succession. For a Second Alarm — The number will be repeated twice after the first signals shall have been given. For a Third Alarm — The number will be repeated once after the first and second signals have been given. When no more assistance is required, one blow will be struck. 39. Should an alarm be given from a second signal-box, in the same District, it shall not be considered a second alarm, with the view to call out a greater force, — but if it shall occur in a different District, then the force assigned to that District shall proceed immediately to the place indicated. 480 RULES OP FIRE DEPARTMENT. INSPECTION OF BUILDINGS. DUTIES OP INSPECTOR. 40. The Inspector of Buildings shall give his entire atten- tion and time to the duties of his office, as defined in the By-law relating to the construction and alteration of Build- ings, &c., and for the prevention of accidents by fire ; and he shall not be required to perform any other duty, nor shall he be permitted to engage in any other avocation or business whatsoever. 41. The Inspector of Buildings shall be present, at all Meetings of the Fire Committee, unless prevented by un- avoidable causes, to afford information relative to the conduct of the Department under his charge. 42. It shall be the duty of the Inspector of Buildings to prepare an annual report, containing a concise statement of the management of his department during the year, with such recommendations and suggestions as he may deem fitting and the circumstances of the service may warrant. 43. He shall also prepare tabular statements, shewing the number of new buildings erected during the jrear in the several Wards of the City, specifying the purpose for which they were constructed, and the kind of material employed. He shall also state the average number of visits paid to such buildings during the progress of erection. 44. He shall report also, in tabular form, the number of buildings in each Ward, which have undergone considerable repairs or alterations, specifying particulars when such are important. 45. He shall also shew by condensed table, whether the number "of new buildings has increased or diminished, as compared with previous years. 46. The Inspector of Buildings shall likewise prepare an Annual Statement of all causes instituted by him in the Recorder's Court, specifying the name of the parties impli- cated, the cause of complaint and result of prosecution. POIJCE REGULATIONS. 4hl REGULATIONS * FOn TII« . • GOVERNMENT OF THE POLICE FORCE, . OF THE CITY OP MONTREAL. Wnil INSTRUCTIONS AS TO THE LEGAL TOWERS AND DUTIES OF . . POLICE CONSTABLES. TO THE MEMBERS OF THE MONTREAL POLICE. Although the system of Police is designated for the detec- tion and punishment of offenders, its great and primary object is the prevention of crime, by restraining the vicious, intimi- dating the reckless, and rendering punishment a certain consequence of crime. These objects can only be attained by unremitting vigi- lance, and energy of action on your part in the performance of the high and important duties that the law has devolved upon you. A careful examination of the law, and of the Rules and Regulations, will constitute a guide for your conduct, a com- pliance with which will secure the confidence of your fellow- citizens, and do honour to the position you occupy. The due enforcement and maintenance of the law is, under all well regulated Governments, a primary and most essential object. To accomplish these objects, the agents on whom these important powers are conferred, should be men of an honour- able character — calm and dispassionate, discriminating and cautious, yet when the emergency requires, bold and resolute. ' Adopted 2nd May, 1862. 48-2 POLICE REQULATIONS. A Policeman's duty is ceaseless. Act as if the good order of society and the prevention of violations of law depended upon your individual diligence and courage ; and be not unmindful of the fact, that where crime prevails and law is violated, it is attributed most frequently to dereliction of duty on the part of the constituted guardians of society. The absence of crime will be considered the best proof of the effi- ciency of the Police. The influence and character that you will sustain in this City will, in a great measure, depend on your own conduct and vigilant activity. A Policeman seen in the streets listless and lounging on a corner, or idly wasting his time in conversation with a passer- by, when he should be fulfilling the object of his appointment, patrolling his beat, and carefully watching and correcting the conduct of the thoughtless or reckless, is soon observed, and his conduct condemned as it merits. It is necessary upon all occasions, to command your tem- per, and ever conciliate rather than provoke. Let your conduct and deportment, when off or on duty, be marked by a civil and courteous demeanour, while it should be charac- terized by firmness and decision, and you will secure the con- fidence and respect of your fellow-citizens. It is particularly necessary, that in all your intercourse with each other, there should be mutual forbearance and civility, with prompt obedience to all lawful orders. Disci- pline and a strict conformity with the Rules and Regulations of the force are essentially necessary, and will be enforced. The law makes a sufficient allowance for your services, and the public rightfully expect an adequate return in your faith- fulness. To justify the confidence reposed in the department, and to elevate it in public estimation, should be the object of every Officer and Policeman. Much must necessarily be left to the intelligence and discretion of individuals, and according to the degree in which those qualities are developed, which mark them as possessed of zeal, activity, and judgment, will be their claims to future promotion and reward. POLICE IlEOULATIONS. 48:] KULES AND IIEGTTLATIONS. 1. Reading and writing combined, with a practical know- ledge of the French and English languages, will be exacted as much as possible. An unimpeachable character shall in all cases be necessary for admission into the Police Force. 2. Good conduct, zeal, activity, obedience, and judgment in the performance of the several duties imposed upon all members of the Force, are expected, and will entitle them to promotion or reward. 3. Each member shall devote his whole time and attention to the Police service, and shall follow no other calling, directly or indirectly. 4. He shall promptly obey all lawful orders from his Supe- rior Officers, and conform himself to all Rules and Regula- tions which may be made from time to time for the benefit of the service. f5. He shall at all times appear in his complete Police dress. 6. He shall not use, nor allow to be used, the baton marked *' City Police," except while he belongs to the City Police. 7. He should clearly understand what powers are given to him by law for the efficient execution of his duties. For this purpose he is recommended to read carefully the instructions given to him respecting the general duties of a Constable. 8. He will be expected to possess such knowledge of the inhabitants of each house as will enable him to recognise their persons. He will thus prevent mistakes, and enable himself to render assistance to the inhabitants when called for. 9. He should be able to see every part of his beat at least once in half an hour ; and this ho shall be expected to do ; so that any person requiring assistance, remaining in the same spot for that length of time, may be able to meet a Constable. However, he is permitted to remain at any particular place. 484 POLICE HKCJULATIONS. if his pregenco thoro bo nccessftry, to wntch the conduct of any suspected person, or for any other reason ; but ho shall satisfy his Superior Officers that there was a sufficient cause for such apparent irregidarity. 10. When he takes any one into custody he will imaiedi- atoly return to his boat, which he will not leave during his time of duty, unless circumstances make it necessary.. 11. He shall not enter any houses except in the execution of his duty ; and ho shall pay particular attention to public houses in his boat, reporting whothor they appear to bo kept according to good order ; whothor soldiers and api)rentioo8 are drinking after tho hours mentioned by law ; and report any drinking between tho hours of 11 o'clock on Saturday evening and 6 o'clock on Monday morning ; also, any gjimb- ling in these houses. But on no pretence, shall he enter such public house, except in tho immediate execution of his duty. Such a breach of positive orders will not be excused ; the publican himself is subject to a heavy fine for allowing him to remain in his house. He shall moreover report all un- licensed taverns that may come to his knowledge, with names of occupants, &c. 12. He will be civil and attentive to all persons, of every rank and class ; insolence or incivility on his part will not be overlooked. 13. While on duty he must not enter into conversation with any one, except on mattei*s relating to his duty. 14. He must be particularly cautious not to interfere, idly or unnecessarily. When required to act, ho will do so Avith decision and boldness. On all occasions V.^ muy expect to receive the fullest suiijiort in the proper ecfr-'so of hip authority. He must remember that thor. is •(,.; quniificatiou more indispensable than a perfect command of temper, never suffering himself to be moved in the slightest degree by any Language or threats that may be used. If he do his duty in u nuiet and determined manner, such conduct will probably uiducc ivell-di:.posed by-standers to assist him, should he ivqaire it. POLICE HEOULATIONS. 48r> 15. Tho following genoiitt instrnctions for the Policemen are not to l)0 iindorHtood uh contiiininj; rules of conduct appli- ciiblo to every variety of en Jmstaneon i'> t uuiy occur in tho performance of their diitv ; Hometh'ng must necessarily ^e left to the intelligence und discretion of individuals ; cially if he has in his possession any implement adapted fov that purpose ; or any person armed with a gun, pistol, sword, bludgeon, bowie-knife, or any offensive or deadly weapon, with intent therewith to commit any felonious act. 10. In these, and similar ca&es, the Constable must judge from the situation and behaviour of the party Avhat his inten- tion is. In some cases no doubt can exist, as when the party is a notoi'ious thief, or associating and acting with those who are known to be thieves ; or when a party is seen to be attempting to pick a pocTiet, or commit a theft, or to break into a house. The Constable will not act hastily, in case the intention is not clear, but content himself with watching closely the suspected party, in order to discover his design. 11. A Constable must arrest any one he may see in the act of committing a felony, or even charged, on suspicion of another, of having committed a felony, if the suspicion appears to the Policeman to be well founded, and provided the person so suspecting goes with the Policeman to the Station, and is ready to make his affidavit. 12. Though no charge be made, yet, if the Constable suspect a person to have committed a felony, he should arrest him, and if he has reasonable ground for his suspicions, he will be justified, even though it should afterwards appear that no felony was, in fact, committed. But the Policeman must be cautious, as his sole defence can rest only on the reasonable- ness of his suspicions. 13. Generally, if the arrest is made discreetly and fairly, in pursuit of an offender, and not from any private malice or ill-will, the Policeman need not doubt that the law will pro- tect him. 14. If the Policeman shall see any one carrying, or in any manner conveying away any goods or chattels whatever, and it shall appear to him that there is probable cause to sus- 492 POLICE REGULATIONS. pect that they have been stolen, he should apprehend the person, and may detain the goods. Here also he must judge from circumstances, such as the appearance and manner of the party, the account he gives of himself, and the hke, ' whether he has got stolen goods in his possession, before he actually takes him into custody. 15. A Constable must make every exertion to effect an arrest ; and the law gives him abundant power for that pur- pose. If the felon, or party accused with felony, fly, he may be immediately followed wherever he goes ; and if he takes refuge in a house, the Policeman may break open the door to get in, first stating who he is, and his business. But the breaking open of outer doors is so dangerous a proceeding that the Policeman never should resort to it, except in extreme cases, and when an immediate arrest is necessary. 16. There are some cases in which a Constable may, and ought to break into a house, although no felony has been com- mitted, — when the necessity of the case will not admit of delay, as when persons are fighting furiously in a house, or when a house has been entered by others with a felonious intent, and a felony will be probably committed unless the Constable interfere, and there is no other means of entering. Except in such cases, it is better, in general, that the Con- stable should wait until he has a warrant from a Magistrate for the purpose. 17. If a Constable finds, his personal efforts insufficient to effect an arrest, he ought to require all persons present to assist him, and they are bound to do so. 18. If a prisoner should escape, he may be retaken, and in immediate pursuit, the Constable may follow him into any place or any house. MISDEMEANOURS. 19. Offences, such as common assaults, affrays and riots, are called misdemeanours. 20. In cases of actual breaches of the peace, as riots, affrays, assaults, and the like, committed within view of the POLICE REGULATIONS. 493 Constable, he should immediately interfere (first giving public notice of his office, if he be not already known,) separate the combatants, and prevent others from joining in the affray. If ■ the riot be of a serious nature, or if the offenders do not im- mediately desist, he should i^ke them into custody, securing also the piincipal instigators of the tumult, and do everything in his power to restore quiet. 21. A Constable, in cases of assault which have not been committed in his presence, or within his view, is not autho- rized to arrest or assist in arresting the party so charged ; nor is he to receive a party so charged into his custody, unless the party has been arrested by some other Constable who saw the assault committed. But if a person has been cut or wounded, and gives into custody the party charged Avith hav- ing cut or wounded him, the Constable is authorized to take the party under his charge, and keep him in safe custody until he can be brought before a Magistrate. 22. He may arrest any one assaulting or opposing him in the execution of his duty ; but in doing so he must be able to prove some specific fact, as, if not, the charge will be rejected by the Officer on duty at the Station House. 23. If a person forcibly enter the house of another, the Constable may, at the request of the owner, turn him out directly ; if he have entered peaceably, and the owner request the Constable to turn him out, the Constable should first request him to go out, and, unless he do so, he should turn him out : in either case, using no more force than is neces- sary for such purpose. 24. When the offence has not yet been committed, but when a breach of the peace is likely to take place, as, when persons are openly preparing to fight, the Constable should take the parties concerned into custody ; if they flee into a house, or are making preparations to fight within the house, the Constable should enter the house to prevent them, and likewise take the parties into -custody; and, should the doors be closed, he may break them open, if permission be refused 494 POLICE REGULATIONS. after giving notice of his office and object in entering. But the power of Constables to break doors, as before mentioned, should be exercised in extreme cases only, an4 then with great caution. 25. If any party threaten another Avith immediate violence to his person, or offer to strike, the Constable should inter- fere, and prevent a breach of the peace ; if one draw a weapon upon another, attempting to strike, the Constable should take him into custody. If persons bo merely quarrelling and insulting each other, confining themselves to words, a Police- man has no right to take them into custody, but should be ready to prevent a breach of the peace. ' 26. If a party charged with felony or misdemeanour escape from custody, he may be pursued anywhere ; and if he take refuge in a house, the door may be broken open, after demand of admission, and after notification by the Policeman of his office and object in coming. 27. After an arrest made, it is in all cases his duty to treat his prisoners properly, and impose only such restraint upon them as may be necessary for their safe custody. 28. He is bound to follow the directions contained in his warrant, and execute it with secresy and despatch. If the warrant cannot be executed immediately, it should be exe- cuted as soon as possible. 29. He must execute the warrant himself, or, when he calls in assistance, he must be actually present. Upon all occasions he ought to state his authority, if it be not gene- rally known, and should show his warrant when required to do so ; but he should never part with the possession of his warrant, as it may hereafter be wanted for his justification. 30. A Constable may enter a house to search for stolen goods, having got a search-warrant for that effect from a Magistrate. He should, if it be possible, execute it in the day- time. If he finds the goods mentioned, he will take them to the Station House, and, when the warrant so directs, he must take the- person also in whose possession they are found. To POLICE BEOULATIONS. 495 avoid mistakes, the owner of the property ought, if possible, to attend at the search to identify them. 81. The Constable is also authorized under such warrant from a Magistrate, to break open any dwelling house, shop, warehouse, or other place named in the warrant, as shall not be opened on demand, or after due notice of such warrant, for the purposes stated therein. 32. He has power to apprehend and take to the Police Station, as vagrants or disorderly persons, all persons who, being able to work, refuse and neglect to do so ; persons exposing themselves indecently ; persons maliciously or wil- fully obstructing passengers, by stopping across footpaths, obstructing a thoroughfare ; using insulting language ; caus- ing disturbance, by screaming, shouting, swearing, singing in the streets ; tearing down or defacing signs, posters, and notices where permitted to be posted up ; breaking windows, doors, door-plates, knockers, bell-pulls, or the walls of houses, yards or gardens ; destroying fences, railings, trees or the plants and shrubs in the public squares streets, or gardens in front of private dwellings ; being drunk, and impeding or incommoding peaceable passengers ; all common prostitutes ; all persons in the habit of frequenting houses of ill fame. . 33. A Constable, if authorized by the warrant of a Magis- trate, may enter any house of ill-fame, tavern or boarding- house, and there apprehend and' bring before the Recorder, all or any of the persons described in the foregoing article, as being disorderly persons ; also, all persons found tippling after the hour of 10 at night and before 5 a.m., from 21st March to the 1st of October ; and from 6 a.m. to 9 p.m. between 1st October to 21st March. But on Saturday night, during the whole of the year, he is authorized by the Corporation By-law to enter after the hour of 11 o'clock p.m., until the following Monday morning at 6 o'clock, all Shops, Taverns, Public Houses, or places of public entertainment within the said City, and there arrest on view the landlords and all persons found playing at cards, dice, or other chance games, and tippling, in any of such 496 POLICE REQULATIONS. Taverns, Hotels, Saloons, Bar-rooms, or any other place of entertainment, or Shops, between the hours mentioned in said By-law. VIOLENT OR SUDDEN DEATHS, OR ACCIDENTS. 84. In all cases of persons found injured, dead or dying, the duties of the Police may be confined to the following objects : 35. In case the party be found dead, to see that the body is decently covered and cared for ; to apprize relatives or friends of the event, and inform the Coroner of the occur- rence. The body should be moved as little as possible from the place where it was found, until the inquest is held. 36. In case the party is dying, or seriously injured, to send immediately for a Surgeon, and convey the party, with all possible care and speed, to his or her own house ; to an Hospital, or, if nearest, and in any way desirable, to the Station House. 37. In case the party is evidently dying, or declares him- self to be so, in consequence of injurieK^ or violence inflicted by others, it becomes important to take ills dying declaration of the facts ; the Constable should therefore send at once for the Police Magistrate, or, in his absence, for any Magistrate resident in the vicinity. ' . FIRES. 38. The principal duties of a Police Force at fires,' consist in the protection of property saved from the flames — in clear- ing the streets from crowds or other obstructions, ensuring space and free action to the firemen, and for the general maintenance of good order. 39. As it is the duty of every Member of the Force, at all times, to render all assistance in his power to the public in general, each Constable who shall discover a fire in the limits of his beat will immediately give the alarm through the nearest alarm signal station. POLICE RBQULATIONS. 4^ — >i 40. As soon as the alarm shall reach the Station-house, the Officer will dispatch all the men available to the scene of conflagration, to maintain order, protect the property saved, and as much as possible lend a helping hand to the Firemen in the accomplishment of their arduous duty. 41. The members of the Force shall pay particular atten- tion to the following rules laid down for their guidance by the Chief Engineer of the Fire Department, to whom they shall be bound to render every possible assistance : 1st. Prevent at all times, if possible, the opening of doors or windows to admit air. . 2nd. Give the alarm by day and night at the nearest Signal Station upon the first discovery of fire. 3rd. If the Watchman be watering the street, and has not heard the alarm, state to him that there has been one. N^ INDEX. 499 INDEX. ACCOUNTS. City Treasurer's 32 ACTING MAYOR. To be appointed quarterly 85 ADJOURNED MEETINGS. Of Council 35 ALARM DISTRICTS 291 ALDERMEN. Qualifications of 9 How elected 21,22 ALIGNMENTS 237 ANIMALS. Cruelty to '. 50, 307, 193 APPRENTICES 48,341,342 APPROPRIATIONS. How made 149 ASHES 301 ASSAULT 166 ASSESSORS. Appointment of, their duties, &c . . .23, 31, 100, 101, 245 Their remuneration 23 Oath to be taken .-. 24 Their powers 24 By-laws relating to 25,53 *•■■ 500 INDEX. ASSESSMENT. Of Is. 6d. in the £ on real estate 42, 245 Additional, not exceeding 3d. in the £ 52, 246 Non-payment liable to increase .56 Properties to be sold after 5 years' non-payment 56 Mode of procedure 56, 57 Tenant liable, with right to deduct from rent 57 Privilege for 5 years' assessment 58, 86 Applications for reduction 100, 101 Collection of. 429,430 Special. — For street improvements, how made 423 Roll when copapleted to be deposited , 423 Public notice to be given 423 Roll may be revised 423 How recoverable 424 Majority of assessors to decide 424 For street paving, sidewalks, &c . , 424, 425 ATTENDANCE. Of members at meetings 48 AUCTIONEERS. Taxes on 43,249 AUDITORS. Appointment of, oath, &c 25, 115 AWNINGS 373 BALCONIES : 266 BALL ALLEYS 257 BANKS 42,254 BATHING .*. 307 BEAMS. Or supporters 269 BILLIARDS 42,256,257 BOARD OF HEALTH 45, 259 BOARD OF RE VISORS. Appointment^of, their duties, &c 11, 15, 16, 103 Powers of, further defined 91 BOILERS 297 INDEX. 501 BONDS. Power to issue. See Loan 5 BOUNDARIES. * Of wards 5, 6, 7, 8 BOUNDARY STONES 375, 410, 412 BOXES. For election of members 14 BREAD. Weight and quality of 48,97, 262 BREWERS 43,256,293 BRICKMAKERS 43,258 BROKERS 42,255 BRIBERY. At elections 113 BUILDING AND JURY. -Fund 208, 209 BUILDINGS. Erection of. 436, 264 Parties who intend building to give notice 370 Building materials, allotment for 371 May be demolished at fires in certain cases 304 BURIALS 273, 274 BUTCHERS : 326 BUSINESS TAX 42,246 BY-LAWS. For general purposes 41, 94 To be submitted to Governor General 55 To be public laws 106 Revised 402,403, 404 CARRIAGES. {See Vehicles). Tax on .42,251,252 CARTERS 97, 106, 386 CASTING VOTE. Of Mayor 34 I 502 INDEX. CATTLE. Running at large 97 Markets 49, 340 Pounds 49, 99, 358 CEMETERIES 56 CHIMNEYS. Construction of, &c 267, 268, 436 Sweeping of. 53, 54, 302, 303 CIRCUS 42,95,253 CITY BOUNDARIES 5 CITY COUNCIL. How composed .* 9, 18 CITY COUNCILLORS. How elected 13, 89 Their qualification 9 disqualification 9, 19, 20, 28 term of office 18, 21 May be re-elected r 19 Not to serve for more than one ward 19 To be Justices of the Peace 28 CITY CLERK 28, 29, 232, 432 CITY TREASURER 29, 31, 32, 77, 78, 79, 233 CITY SURVEYOR 29,235 CITY OFFICERS. Disqualified to vote at Municipal elections 103 CITY PASSENGER RAILWAY 161,276 CLERK RECORDER'S COURT 432 COAL 45, 99, 282, 283 COAL OIL 295 COCK FIGHTING 95 COLLECTION. Of taxes and city dues 429, 450, 451 Of water rates 431, 432 COMMISSION MERCHANTS 255 COMMISSIONERS— (Street) See Expropriations 234 INDEX. 603 COMMITTEES ....36 COMMON SCHOOLS. Contribution {o 198, 199 COMMUTATION. Money 44,246 COMPOSITION ROOFING 265 CONFISCATION 97 CONSTABULARY FORCE 48,67 CONTESTED ELECTIONS 19, 20 COPIES. Of entries, of minutes, &c 35 CRUELTY. To animals ; 193, 307 DEAD ANIMALS 347 DEAD BODIES 96 DEBENTURES 5 DECORUM. At meetings of Council 107 DEPUTY RECORDER « 94 DEPUTY CLERK. Recorder's Court .....84 DIRTY WATER. From premises, &c 347 DISCOUNT. On assessments, &c 102 DISORDERLY. Persons 190 DISQUALIFICATION. Of members 9, 19, 20, 28 DISTILLERS..., 43,256,293 DOORSTEPS 47,377 DOORS. Of certain public buildings to open exteriorly.... 271, 272 604 INDEX. DOGS , 42, 253, 284, 285 DRAINAGE. Loan for 151,428 DRAINS.— (^ee Sewers). ELECTION. Of Mayor and Councillors 13, 14, 15, 17, 18 When to be held 85 Mayor to appoint a day for, in certain cases 20 Disturbance at, 71 ENCLOSURES. Of lots 46 ENCUMBERING. Streets, &c 96,378 ENQUIRIES. In Council or in Committees 58 EQUALITY. Of votes 15, 19 ESTATE MARSTELLER 157, 158, 159, 434 EXECUTIONS. For taxes, &c 430 EXEMPTIONS. From oflSce of Mayor, &c 27 EXPENDITURE. Limited 150 Penalty for excess of 150 EXPROPRIATIONS. Mode of procedure 414 Appointment of Commissioners 414, 415 Notice in the Post Office 414 " in newspapers 414 " to be posted on lots ,.... 415 Court to appoint Commissioners 415 Commissioners held to act 415 Exemptions 415 Commissioners to be furnished with plans 416 " to be sworn 416 INDEX. 505 Commissioners their powers, salary, &c 416 •' to be furnished with title deeds 416 Procedure for. valuation of property 416 Examination of witnesses, 417 No indemnity for buildings erected after posting up notices : 419 Majority of Commissioners to decide questions 41T Increased value of residue of property 417 If Commissioners fail in their duty 417, 418 In case any one should die 418 When appraisement is completed parties to be heard and notified 418 Report of Commissioners to be submitted to Court for confirmation 418, 419 Confirmation final and without appeal 419 After confirmation, amount of compensation to be de- posited ^ 419 Effect of such deposit 419 Mortgages removed 420 Recourse of Mortgagees 420 Money, how distributed 420 " ' not liable to tax or commission 420 * Provisions extended to compensation for alteration of levels, &c 420, 421 Corporation may acquire a certain extent of land over that required for the improvement, under certain restriction , 424 New mode of expropriation, extended to improve- ments ordered before the passing of this law 424 EXTRAORDINARY. Vacancies in Council 22 EXTRACTS. of minutes, &c 35 FENCES : 46 FERRIES 37, 43, 48, 254,286, 287, 288 FINES. For non acceptance of office 26, 27 FINES AND PENALTIES 52, 433 506 INDEX. FIREARMS 302 FIRE DEPARTMENT 288, 289 FIREMEN. Exemptions, in faTour of 53 ' fl^E WOOI).. 45, 99, 304, 305 FIREWORKS 301, 302 FISH MARKETS 335 FORMS. Of convictions 176, 182 FORWARDERS. Tax on 42, 246 • GAMING 95, 192, 196, 306 GAOL. Expense of guarding 206 GAS FACTORIES 43,251,293 GENERAL CORPORATE. Powers 4 GOOD MORALS. And Decency 306 GOODS. Sold by sample 255 GRAND TRUNK. Railway Company 154, 155 GRAND TRUNK. Railway Terminus 435 GRATINGS 374 HARBOUR. Commissioners „ 71 ^ 119 HAY. Sale of 99, 336 Market [new] 428 HEARTH STONES 268 HORSES. And horse dealers,— tax on 42, 251, 258 INDEX. 607 HOSE 240 HOT AfR FURNACES 297, 298, 299 HOT AIR REGISTERS 298 HOTEL KEEPERS 251 HOUSE OF INDUSTRY 157, 158, 159, 434 HOUSES. Numbering of. 377 HOUSES OF ILL FAME 167, 191 HYDRANTS 239 INNKEEPERS 42 INSPECTOR. Of Buildings 264, 270 INSPECTORS. Of Pot Ashes, &c 43, 246 INSURANCE. Companies 43, 255 INTERMENTS 45,273,274 INTERPRETATION. Clause 72 INVESTIGATIONS 58 JURY LISTS 227 JUSTICES OF THE PEACE 28 JUVENILE. Offenders 178 KYTES 96 LABOURERS. Wages, &c 434 LAMP POSTS 376 LARCENY 166 LESSORS. And Lessees 433, 434 LEVELS. Of Streets, &c., may be altered 47 Compensation for 47 508 INDEX. LIGHTING. Streets »,.47, 376 LIMITS. Of the City 5 LIVERX- STABLES 251 LOAN. Of £150,000 for general purposes 38 Of £50,000 for Water Works 131 Of £150,000 Stg., for " 139,140 Of £50,000 for " 38 Of £50,000 Stg., for " 144,145 Of £50,000 for " 148,149 Of £125,000 Stg., to Consolidated Debt :75 Of £100,000 Stg., to " 102 Of £10,000 Stg., for new Markets 104, 105 Of $175,000 for Drainage, &c 151, 152 Of $150,000 for " 428 Of 620,000 for Fire Alarm Telegraph 152 Of $87,500 to redeem St. Lawrence and Atlantic R.R. Bonds 155 Of $150,000 for widening Notre Dame Street..427 Of $60,000 for the new Hay Market 428 Of $50,000 for the Grand Trunk Terminus... 435 LORD'S DAY. Observance of. 99,306 LOCAL IMPROVEMENTS. See Expropriations 413 LOOSE AND DISORDERLY. Persons .190 MAGISTRATES. Powers of, vested in Council 36 MARKETS. Sites of, may be altered 44 By-laws respecting 44, 45 Designation of. 316 Duties of Clerks 319 * Several provisions relating to 322 Butchers 326 INDEX. 509 Weights and Measures 333 Fish Markets 335 Hay Market^.. : 336 Cattle Markex.. 340 Penalty 341 MARStELLER. Estate 157, 158, 159, 434 MASTERS. And apprentices 48,341, 342 MATCHES 300 MAYOR. Election of. 10 His duties 231 Term of Office 16, 18, 21 Vacancy in the office of. 16 Penalty for non-acceptance .* 16, 26 Absence or sickness of. ....23,115 A Justice of the Peace 28 Salary of. 28 To preside at Meetings 34 Casting vote %....34 Excluded from Board of Revisors 103 MAYOR'S COURT. Abolished 66 MEETINGS. Of Council, quarterly 20 Special ...34 Minutes of. 35 To be held with open doors, 35 Who shall preside 34 Quorum < 34 Adjourned Meetings 35 Maintenance of order at 107 METRES. Water 240 MILITIA. Rolls ^. 223, 224, 225, 226 i 610 INDEX. MUSICAL SALOONS 307, 436 NOMINATION. Of candidates 91, 02 NON KESIDENTS. Suits against 100 NOTICES. General, how given 104 NOTRE DAME STREET. , Widening of 425 To be divided into four Sections 426 One year allowed for each Section 426 Cost of improvement, how borne 426 Duties of Commissioners 426 Provision relative to Leases .- 427 Special assessment to be levied 427 Delay may be granted 427 Proprietors may anticipate time fixed for the improve- ments 427 Loan of $150,000 427 NUISANCES 46,96,107,343,344 OATH. Of voters 14, 112, 114 Of Mayor, Aldermen, &c 26 Of Auditors ^ 115 Of Assessors 24 Of Commissioners 416, 437 OBSERVANCE. Of Lord's Day 99, 306 OFFICERS. Deprived from voting at Municipal Elections 103 To render detailed accounts • 32 To pay over moneys received 33 May be proceeded against 33 OIL FACTORIES 96,293,294 OLD WALLS. Buildings, &c. .48, 271 INDEX. 511 OLD WATER WORKS. Purchase of. 120 OVERCHARGES. Of assessment 100, 101 PARLIAMENTARY. Voters list 210 to 222 PAWNBROKERS 251 PEACE. And good order. .95, 355 PENALTIES 52,433 PEDLING 96,253 PETROLEUM 295 PLACARDS. Posting of., .376 PLAN. Of the City, how made 410 Surveyors to lay out Streets 410 May enter upon property 410 Shall make out plans of Streets 410 Boundary stones 410 Laying out of Streets may be made by Sections. .410, 411 Plans to be confirmed by the Court 411 When confirmed, binding on all parties 411 Duplicate plan to be made 412 New Streets, when to be opened 412 POLICE FORCE. Established .48, 67, 348 to 354 Authorized to apprehend disorderly persons, &c 68 Further powers to 69 Punishable for neglect of duty ; 71 Assault on .71 POLICE MAGISTRATES. Powers of. 187,188 POLICE REGULATIONS. 512 INDEX. POUNDS. Public 09,358 POWDEU MAGAZINES. Regulated 308 Inspection of. 310 Licenses 311 Conveyance of powder 312 Access to 314 Penalties 315 PRIVIES 206,346 PRIVILEGED CLAIMS. For Assessments, &c, 86 PROCEEDINGS. Against members unduly elected...; 19, 20 PROSTITUTION 95,191 PUBLIC CRIER 362 PUBLIC PEACE, And good order 95, 355 PUBLIC POUNDS 99, 358 PUBLIC BUILDINGS. To be provided with means for safe egress of as- semblies, in case of accident. 271, 272 PUBLIC SQUARES 356 QUALIFICATION. Of Mayor 9 "Of Aldermen 9 Of Councillors 9 Of voters 10, 89, 90, 210 QUARTERLY MEETINGS, see page 4. Qf Council 20 QUORUM. At Meetings of Council 34 RACING 95 RxYILWAYS 106 IXDUX. 518 RECORDER, Appointment of. 64 II in Salary.... -. (54, 94 May appoint Deputy 94 RECORDER'S COURT. Established 69 Tariff 363 Powers deancd 03, 118 Further powers 66, 84, 87, 106, 108, 100, 118, 194 Fines, how recovered 60 To be held by Recorder only 83 Writs or processes, how signed 83 Clerk of 84,432 Judgments of, summarily registered 118, 432 Fines and penalties '. 433 Jurisdiction extended to cases between Lessors and Lessees. 433, 434 Acts relating to 106 to 198 Remission of fines 66 REPEAL. Of certain laws and Bye-laws 71, 405 REPRESENTATION. Of the Wards 18 RESERVO US. Writer Works 239 RESIGNATIONS. Of members 21 RIOTS 95,355 RULES OF COUNCIL 460 RULES OF FIRE DEPARTMENT 470 RULES OF POLICE DEPARTMENT 481 * SALT. Weight and measurement , 45 SAMPLE. Goods, tax 01) 255 P* 514 INDEX. SCHOO1.S. Common 198,199 SCUTTLES 270 SERVANTS. Conduct of. 48, 341, 342 Wages of. 434 SEWERS. Power to assess for 46 Construction of 365 Cost of, how borne 365 Private sewers 366,367 Connections, how made 367, 368 SHAVINGS 300 SHERIFF. Duties, in connection with consolidated debt 80,81 SHOWS J 95,253 SIDEWALKS 377 SIGNAL BOXES 291,292 SIGNS 372 SINKING FUND 77,78,79 SLAUGHTER HOUSES 96, 293, 294, 346 SNOW. Removal of 96, 381, 382 SOAP FACTORIES 96, 293, 294. 346 SPECIAL ASSESSMENT. For local improvements. See Assessment. For watering streets 49 For property destroyed by mobs 49 On real estate not exceeding 3d. in the £ 52 SPECIAL MEETINGS. How called 34 SPOUTS 268 S QUARES. Public 356 INDEX. 515 STABLES 300,301 STAGNANT WATER , 40,47,344 STATUTE LABOUR... 44, 246 STEAM ENGINES 96,293,294,962 STOVES. In partitions, regulated 269 STOVEPIPES 300 STREETS. Power to open 413 How laid out 410 Plan of. 410 Paving ! 424 Maybe extended beyond city limits 422 Register of, to be kept by City Surveyor 9.8 Watering and sweeping of 49 Width of. 369 Power to discontinue 360 May be closed to allow certain works being made 370 Precautions to be taken for excavations 370 Allotment to be made by Surveyor for building material8.371 Preparing mortar, &c., in, — prohibited 372 Placing coal or firewood in, regulated 372 Doors to archways to open inwards 372 Signs 373 Awnings 373 Wares suspended from houses 373 Raising goods from, by tackle 373 Crossings 374 Apertures, coal holes, &c 374 Gratings 374 Earth not to be removed without permission S75 Pavement and sidewalks, injury to 375 Boundary stones 375 Trees ; 375, 376 Numbering of houses 377 SUNDAY. Observance of. 99, 30G 516 INDEX. SUPERINTENDENT. Waterworks 238 TANNERIES 293, 294,346 TARIFF. Recorder's Court 363 Water rates , •..40, 116, 241 Carters 390,394 TAVERNS 95 TAVERN KEEPERS. Tax on 42, 247 TAXES. On business 42, 246 How collected t.. 246, 429, 430 TELEGRAPH 152,255,291 TENANT. ^. Liable for assessment with recourse against proprietor. 57 THEATRES. Tax on 42,253 TREES. Planting of, in streets 98, 375,376, 381 TRINITY HOUSE. Powers not affected 71 VACANCIES. In Council 22,93 VACANT LOTS 24, 343, 344 VACCINATION 200 VAGRANTS 191 VARNISH FACTORIES 293, 294 VAULTS AND CISTERNS 383,384 VEHICLES. Tax on 42,251,252 Hackney carriages 386 Carts, trucks, &c 391 Vehicles in general 396 INDEX. 617 VOTERS' CERTIFICATES. Making and delivery of. 12, 13, 112 VOTERS' LIST. ' How made * 10 Open for public inspection , 10 When completed to bo filed in City Clerk's office... 12, 113 Parliamentary 210 to 222 VOTES. Equality of. 15, 19 * WAGES. Of servants, &o 434 WALLS. Separation 50, 270 Old and dilapidated ,.... 48, 271 WARDS. Boundaries 5, 6, 7, 8 How represented 18 WATER COURSES 98, 401 WATER RATES. Established 40, 116, 240, 241 Collection of. 431 WATiER WORKS. Management of 98, 238 Old Water Works 120 Introduction of water in buildings 41 Supply may be cut off 41, 241 I'ower to extend beyond city limits 142 Bridges to be built, fences, &c.. 142 Tail race I43 Water pipeo 129, 238, 239 Reservoirs 239 Metres 240 Loans for Water Works. See Loan. WEIGHTS AND MEASURES 333, 334 WITNESSES 58,63 618 INDEX. WOODE>f BUILDINGS 50, 264, 265 WOOD YARDS 301 WRITS OF MANDAMUS 19, 20 YARDS T ^jQ kept clean.. 346