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Photographic

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Corporalion

13 VtflST MAIN STMIT
WmTU.N.Y. USM

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1 2 3

isci

THE CHAR TEE

or THB

CITY OF MONTREAL;

TOQBTBXB WITB

KSCELUHEODS ACTS OF THE LEQISUTDBE REUTIM TO THE CITT :

COMPILED BT OBDER OF THE CITY C0C5CIL.

•T

CHS. GLACKMEYER,

OITT CLERK.

PRINTED BY JOHN LOVELL, ST. NICHOLAS STREET.

- 1866.

,1. G-5
.5

171580

P^RT FIRST.

CITY CHARTER AND OTHER ACTS

THE LEGISLATURE,

BBLATIKO TO

THE CITr OF MONTREAL.

C
C

Si'

tl
tl

]

of th
passei
respe(
and :
Ordii
and <
passec
Majee
ameni
incorj
certai
certm
first
incorj
decisi
in th

CHARTER OF THE CITY OF MONTREAL.

(14 AND 16 ViCTOMA, 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 ^Oth August, 1861.)

WHEREAS it is expedient to amend and consolidate the Preamble,
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 3
and Town of Montreal, and An Ordinance to amend the and ae, cited!
Ordinance to incorporate the Oity 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 vie'.', c.'2i and
incorporate the City and Town of Montreal, and of a iilTited. '
certain Ordinance amending that 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

OUT CHARTER AND OTHER ACTS.

Corporation
continued.

amend an Act therein mentioned^ and to make better pro-
vision for the Election of Councillors and Assessors of and
for the City of Mordreal^ — 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 continue 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-
ing 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.

(jcncral cor-
Iiorato powers
f; ranted.

OITT CHARTER AND OTHER ACTS.

2. And be it enacted, That for the purposes mentioned Powen to grant
in the 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 sufiicient 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 Limits of tiie
and by a certain Proclamation of His Excellency Alured reaf 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 jn-
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

CITY CHARTER AND OTHER ACTS.

the gevenl
Wards.

Efut Ward.

Centre Ward.

Wo«t Ward.

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 middte
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 Samt
Louis Street meetti 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 between the said Callidres
Street and Saint Francois Xavier Street, by the middle of
Saint Frangois 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 liivided, 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 the
extremity of CalliSres Street to the middle of the extremity
of M'Gill Street; on the south-west by a line passing through
the centre of M*GiH Street and through Commissioners*
Square, to Craig Street ; on the north-west by the middle
of Craig Street as far as Saint Francois Xavier Street ; and
[lastly, on the north-east by the middle of Saint Fran9oi8

CITT CHARTER AND OTHER ACTS.

Ward.

Xavier Street and Gallidres Street, to the Biver, or point of
departure.

The Saint Anne* 8 Ward shall be bounded as follows : on saint Anne't
the north-east bj the centre of M^Gill Street, commencing
at the River Saint Lawrence ; thence north, along the centre
of M^Gill Street, to its 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 tSaint Antoine Ward shall be bounded as follows : on saint Antotne
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: SHint Lawrenov
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 Sunt 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.

CITY CHARTER AND OTHER ACTS.

gaint Lewis
Ward.

Saint Jamos
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 Saint 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 Samt 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 lino ; 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'a
Ward.

CITY CHARTER AND OTflBR 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 be and be called
Aldermen of the said city, and a certain number of other fit
persons, who shall be and be called Councillors of the said
city ; and such Mayor, Aldermen and Councillors, for the

Mayor, Alder-
men, and Coun-
cillors to bo
elected, and to
be called the
Council of the
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 bo it enacted. That no person shall bo 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 bom or naturalized subject of Her
Majesty and of the full ago 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

Qualification
for Alderman.

Qualiflcation
for Councillor.

Persona inca-
pable of beinx
elected Mayor,
Aldermen, or
Councillorn, or
of voting at any
election of city
offlcors.

rertons inca-
pable of being
olootod I'oun-
oillon.

CITY CHARTER AND OTHER ACTS.

Election of
Mayor, fcc.

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.

The Voters'
Lint.

Lists to bo pub- 14. And be it enacted. That the said list shall be kept
ibr 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, cither 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 CHAETEB AND OTHER ACTS.

city ; and any person who shall claim to be added to the said ciainw, how to

" Voters' List," or any elector who shall desire to have any

name erased therefrom, shall prefer his request in writing,

signed with 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 be it enacted. That at their last Quarterly Meet- Board of Be-

. «.i.» i /^- n visors to bo

ing m every year after the passing of this Act, the City Coun- appointed-its
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, 8ind 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 shall pre-
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 Revisers ; and the said Board shall give Board to gjvo
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 peraon 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 ujjon 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

CITY CHARTER AND OTHER ACTS.

said Lists ; and the said Lists, so revised and settled, shall be

signed by the presiding Officer of the said Board, and sealed

with the City Seal, and shall be the only, correct Voters'

I'rovifo; Lists, Lists : Provided always, that the said lists shall be finally

piotcd.and Completed- before the tenth day of February : And provided

voters to receive . \, , , , n , *, « a .1

notice of objeo- also, that no person s name shall be erased from any of the
said Lists without his being informed of the claim to that effect,
and having an opportunity to be heard in reference thereto.

Publication of
tlio revised lists.

16. And be it enacted, that the Voters' List for each
Ward, when so settled and signed, shall be again placed and
kept in the City Hall until after the close of the elections,
I'orsons named and shall then be filed in the office of the City Clerk ; and

in tliem, produ- • 1 iir j

oing a certifl- that cvcry porsou whose name shall appear m such. Ward

cato, may vote. ft- * *

List, and who shall produce a certificate as hereinafter men-
tioned, shall be entitled to vote at the election for Mayor of
the said city, and for a Councillor or Councillors, as the case
may be, for sueh ward, without any further enquiry as to his
qualification, and without taking any oath other than that he
is the person named in such list, and has not before voted at
such election, which oath the Mayor, or any Alderman or
Councillor, or the Recorder of the said city, is hereby re-
quired and authorised to administer.
Voters to obtain 17. And be it enacted, That on the application of any
nottovote'witii- porson whosc name shall be on the Voters' List for any ward,
at any time on or after the fifteenth day of the said month
of February, and until the 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 Voters' List
for such ward, 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 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.
Public notico of 18. And bo it enacted. That public notice shall be
lko.,"obogimi. given by the City Clerk, in both languages, and in at least

CITY CHARTER AND OTHER ACTS.

one newspaper published in the English language, and in one
published in the French language in the said city, of the
time when the elections shall be held, and the said certifi-
cates may be deposited in the City Hall ; such notice being
*^ven at least three days before the election to which it shall
refer ; but no want of or defect in such notice shall vitiate
any election.

19. And be it enacted. That the election of Mayor and Election of
Councillors aforesaid shall annually take place and be held in counciuore.
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 the 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 the
Ward," printed or stamped as follows, to wit :

For Mayor,

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 ho 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,

CITY CHARTER AND OTHER ACTS.

and after entry made by the City Clerk of the name of the
said Voter, and the date of the production of the said cer-
tificate, the holder thereof being the party named therein as
aforesaid, may deposit the said certificate in a suitable and
closed box, in the said City Hall, labelled with the name of
the ward in which the said party may be entitled to vote, of
which description of box, appropriately labelled, the said Cor-
poration shall furnish one for each ward of the said city ;
That at the time of producing and depositing the said certi-
ficate, the said Voter shall be under no necessity of declaring
or making known for whom he may vote either as Mayor or
Councillor, and no entry or record of the party or parties
voted for shall be made by the City Clerk, but only an entry
of the name of the party voting and of the date when he
shall produce and deposit as aforesaid his said certificate and
vote ; That it shall be lawful for the said Mayor, or for any
Alderman or Councillor of the said city, or for the Kecorder
thereof, to administer the oath prescribed in the fifteenth
section of this Act, to any party producing a certificate of
qualification, and claiming a right to deposit the same and
vote at the said election ; And it shall be imperative on the
said Mayor and Recorder, and on each and every Alderman
and Councillor of the said city, to administer the said oath,
upon the requisition to that effect, of any duly qualified Voter
in the said city, and likewise in all cases whei-e doubts are or
may be entertained of the identity of the party desirous of
voting ; and any person who shall swear falsely upon the said
oath being administered to him, shall be guilty of wilful and
corrupt perjury, and shall be liable to all the penalties of the
said offence ; That the said nine boxes (one for each ward)
shall severally be locked with five locks each ; that each lock
shall be different from the other, and shall bo opened with a
key of a different construction from the keys of any other of
the said locks, so that no two of the said locks may be opened
with the same key ; That the keys of the 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
boxes cannot be opened unless in the presence of all the

CITY CHARTER AND OTHER ACTS.

members of the said Board; That immediately after the said
Thursday intervening between the first and second Mondays
in March, the said Board of Re visors shall meet in the City
Hall, shall open the said boxes, and shall cause the entries
and record of the City Clerk in the said books to be per-
fected, by entering and recording in the said books the
names of the persons for whom each Voter shall or may vote,
to be elected Mayor or Councillor as aforesaid ; And the said
Board of Revisers shall ascertain and report to the Council
of the said city, at its next Quarterly Meeting, on the Monday,
Tuesday or Wednesday following, or if prevented from so
doing, then at its next Special Meeting, the total number of
votes given for each candidate, the name of the candidate
for the office of Mayor for whom the greatest number of
votes shall have been given by the Voters in all the Wards,
and the candidates for the offices of Councillors, for whom
the greatest number of votes shall have been given in each
of the said several Wards ; and the said Council shall, after
examination of the said books, certificates, and report of the
said Committee, thereupon declare the parties having the
greatest number of votes to be respectively elected Mayor
and Councillors of the said city ; and in case of an equality
of votes, the said Council shall determine which of the parties
having the said equality shall be elected to office : Provided,
that the newly elected members, respecting whose election
there is no question, shall? if present, be first sworn in, that
they may vote in the said cases of equality of votes, if
desirous of so doing ; and the said Mayor and Councillors
elect shall afterwards respectively take the oaths prescribed
by this Act ; and the said books, with the names of the said
Voters, and the names of the parties for whom they have
respectively voted, together with the certificates produced
and deposited by the said Voters, shall remain in the office
of the City Clerk, where they shall be open to inspection by
any elector, on payment of one shilling.

20. Provided always. That in the event of the decease or
absence, from illness or otherwise, of any one or more of the
members of the said Board of Revisors, the Council shall

Council to dc-
clai'o the parties
liRvinK a majo-
rily of votes re-
spectively elect-
ed Mavor and
Councillors.
Case of equality
of votes.

rroviso.

Ifanyoftholic-
visors be dead
orabffiit, others
to be appointed
iu their stead.

CITY CHARTER AND OTHER ACTS.

appoint from among themselves, other Revisers in the stead
of those vrho shall be so deceased or absent as aforesaid,
which said Revisers so appointed shall be sworn in the same
manner as those in whose 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 remaimng 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 Revisor 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 Council
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 the 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 be 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
paid, notwithstanding that he may, at the same time, accept

To act for the
purpose of the
eloction onljr.

If Council be
unable to ap-
point ReviBors
In the stead of
those who are
absent, &e., du-
ties to bo per-
formed by the
remaining mem-
bers of the
JBoard.

Penalty if Re-
visor neglects or
roftases to per-
form duties.

Mayor, his term
of office.

Case of a vacan-
cy occurring in
the office of
Mayor.

Any person
being elected
Mayor and
Councillor, to
declare which
office ho ac-
cepts.

Proviso.

Penalty for non-
acceptance.

CITY CHARTER AND OTHER ACTS.

the oflSce 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 be 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 hereinafber 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,^tick, 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 termination
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

Provlgo : If tlio
office of Mayor
be accepted, a
new election of
Councillor to be
beld.

Mo person to
carry flatrs, 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-
lined.

And of a penal-
ty and imprison-
ment.

CITY CHARTER AND OTHER ACTS.

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 tho
election of Mayor or Councillors as aforesaid, shall vote mthin
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.

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, tho 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

Koprosontation
of the wards
after the Ist
March, 1852.

Mayor, how
long to remain
iu offlcc.

Councillors,
their term of
office.

Councillors to
be elected at the
next elections.

Onthe first Mon*
day in March,
in each year, a
Councillor to go
out of office, and
which.

CITY CHARTER AND OTUER ACTS.

re-election : Provided that whenever any two Couiioillors are
elected at the same time in any ward, that Councillor shall
firat go out of office who shall have been elected by the
smaller number of votes ; And provided always, that when-
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, which of the
members thereof for such said wards shall go out of office :
And provided further, that any member going out of office
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-
cillor or Councillors as aforesaid, any person shall be elected
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
cases in which the right of any person to hold or exercise
any office in the Corporation of the said city may be called
in 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 lihelUe) of any citizen of the said city qualified to
vote at the election of Councillor for some ward thereof,
supported by affidavit to th'e 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)
upon the party complained of, at least three days before that
on which such party shall be ordered to appear ; and the said

Frovtso.

I'roTiso.

ProvlBo: May
be ro-olected.

No person to
servo as Coun-
cillor for more
than one' ward.

Superior Court
in term, or at itS'
weekly sittingH,
to try and ad-
Judge caE<cs un-
der this Act.

Process.

CITY CHARTER AND OTHER ACTS.

rrovlso.

I'rovlso.

Court shall have full power and authority thereupon to try
and adjudge upon the rirjht of the person so complained of to
exercise the office 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 summary
aa may be consistent with a duo 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 this 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 bo it enacted, That whensoever hereafter it may
happen that from any cause Avhatsoevcr, an election for a
member or members of the said Council of the said city shall
not take place for any ward 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 bo lawful for the said Mayor,
as soon thereafter as expedient, to appoint a ])eriod 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 liereinafter iirescribtMl.

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 Men-

Mayor to ui>-
Ituiiit a day for
I'loctiuiio.

Kour quarterly
iii(>ctln)i:ii ill
CHcli year, of
tliroo(lay«cach.

CITY CHARTER AND OTHER ACTS.

day of the months of March, Juno, September and December,
in each and every year ; and the said meetings shall not at any
one time bo held for a longer period than three days succes-
sively, in which holidays shall not bo included.

30. And be it enacted. That the Mayor, Aldermen and Mayor.Ac.now
Councillors of the City of Montreal, who shall bo in office tinuoin'.ifflci?.
when this Act shall come into force, shall continue in office
until required to go out of office under the [)rovi8ions 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 every year, one of tho Members of the Council for each
Ward shall go out of office; and on the first Monday in onpniomhorror
March now next, and on the first Monday in March in each onfot-'office 'in
succeeding year, those Members of the Council for each Ward Joir'"'"'^
respectively shall go out of office who shall have been Meuiiters
thereof for the longest time without re-election : Provided if at muh oicc-
always, that ii' on tho first Monday in March next, or in any lu "ancy '"ilollia
succeeding year, there shall be a vacancy or vacancies in the m(M.'ibcr""o"u'
office of any Member or Members of tho 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 tho 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,
that it shall be allowable for any Member of tho said Council
to resign his said office of Councillor, and vacate his seat in
the said Council, if tho reason assigned by him for so doing
be considered good and sufficient, and his said resignation bo
accepted of by not less than two-thirds of the Members com- •
posing the said Council. And if in any year, tiie first Mon- c.so ..c a hoii-
day in March be a holiday, all that by this section is ordered ''"^'
to be done on that day, shall bo done on the following day.

31. And be it enacted, That at the first Quarterly or Ki.-.tio.,
Special greeting of tho Council of the said city, after tho '''""'"•
election of Members thereof next year, and each subsequent

on of A|.

Aid

CITY CHARTER AND OTHER ACTS.

Alderman
)fuiiiR out of
olHcu may bo
re-clectod.

Kxtraordhmry
vaciiiicipM ill
Council, how
to bo tilled up.

IVriod for
which Hurl) poi''
8<in tihall lio
cli'ctcd.

Limitation of
iiorlod for hold-
Injr siicli oxtra-
ordlnarv elec-
tion.

Vacancies
iinioiiK tho A1-
(lernitMi. how

SU|l]lli)Ml.

year, the said Council shall elect from among the Members of
the said Council, 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 bo 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 tho Council, at tho next or any subsequent
election of Councillors, bo 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
tho Ward for Avhich such vacancy shall have occurred, shall,
within a period to be appointed by tho 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 tho
voting and other proceedings shall be conducted in the same
manner and subject to tho 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 sucii
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 tho first day of March in any year : And provided also,
tlrat 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 bo lawful for tho said Council to
elect from the Members of the said Council, qualified to bo
Aldermen, a person to be Alderman in the room of the
Alderman whose office may have so become vacant.

CITY CHARTER AND OTHER ACTS.

33. And be it enacted, That whenever and so long as the in case of ob-
Mayor of the said city may bo absent from the said city, or ness of the
from sickness bo incapable of discharging the duty of Mayor to eieo't an ai-

„ , . , . , . 1 r^ •% ^ ^^ t L f ,^ 1 1 i dorman to aot

of the said city, the said Council shall elect trom the Alder- in iiis piaoo.
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.

84. And be it enacted. That at any Quarterly or Special council to ap-
Meeting of the said Council after the election of Members ^^ "
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, us they the said Council may deem fitting ;
and the said Council may order and determine in what and May
how many wards the said Assessors shall act, and if they hp(
fit, that the Assessors to be appointed shall act as such,
throughout the whole city limits ; and it shall bo 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
Avhatsoevor, hi 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 bo, and they are hereby ro*

romiino-
rntu tlioni.

CITY CHARTER AND OTHER ACTS.

Acsc-sors to bo
sworn.

quired to determine the assessment to be made by them on
Asaessnunt to all such property, upon the actual and bond fide rent thereof,

bo inado on the .iip- i • ^ -i

actual value of if the said rent be a lair and equitable 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 be 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
V 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 ho 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 (a8 the case may be'), 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."

80. And bo 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 appouited or to
be hereafter elected and appointed under and by virtue of
this Act, shall bo and continue in force, and may be exer-
cised for and during the period and term of their election and

Oath.

For what i)crlort
AssessorK nmy
Mt.

CITY CHARTER AND OTHER ACTS.

appointment, to wit, until the first Monday in March in the
year next following their said election and appointment.

37. And be it enacted, That it shall be lawful for the said council to make

^ By-IawB rolat-

Council, at any meetmg or meetmgs composed of not less ingtoAsscMors.
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 be 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 Eioction 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 hold 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

AuditorM.

CITY CHARTER AND OTHER ACTS.

Thoir aualiflca-
tion and term of
office.

Disqualification
of certain por-
8ong to bo Au-
ditors.
Vacancy in
office of Audi-
tors, how flllcd
up.

Oaths to bo
talcon by tlio
Mayor, Alder-
men or Coun-
cillors.

Oath.

Fines for non<
accoptauoo of
office.

such Auditor shall continue in office until the second Monday
in the month of March in the year following his election : Pro-
vided always, that no Member of the said Council, nor the
Clerk, nor Assistant Clerk of the 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 the provisions aforesaid, at any subsequent
General or Special Meeting; and the person so elected,
shall hold his office until the time when the person whose
place he shall have been elected to supply would have gone
out of office.

39. And be it enacted. That no person elected to be
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 Aldermen 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 been elected Mayor (or Alderman or
Councillor, as the case may he) 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 the payment or deduction of my just debts,
of the value of One Thousand Pounds (or Five Hunured
Pounds, as the case may fte), and that I have not fraudu-
lently or collusively obtained the same, or a title to the same,
for the purpose of qualifying myself to bo elect'^l ^^lyor,
(Alderman, or Councillor, as the case may be), 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 CHARTER AND OTHER ACTS.

•27

jlected to be
sill be capable
oaths herein-
id subscribed
r Councillors
[ required to
>ath of allegi-
rs ; and also
ig, that is to

Alderman or

Montreal, do

ully fulfil the

of my judg-

Bssed, for my

;he said City

nyjust debts,

ive Hunured

not fraudu-

to tl\e same,

ct^^ 1 ^Myor,

as aforesaid :

ttly qualified,

A^lderman or

of the said

city as aforesaid, shall accept the office to which he shall
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-acceptauce 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 thereof 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 be
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 be, 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 Legislaturi of
this Province, or of the Executive Council, nor any Surveyor

Aa Aldorman or
Councillor, as
Auditor or As-
gossor, as
Mayor.

Aooeptanoe of
offlootobemado
by taking oaths,

rorsoiiB not
qualified, to
Hwcnr to their
non-quaiilica-
tion.

Kxomptlon
fVom said
offices.

CITY CHARTER AND OTHER ACTS.

Vtiwa in which
the Mayor, Al-
dermen or
Councillors
Hliall become
disqualified.

General, Adjutant General of Militia, or Provincial Secre-
tary, nor the Provincial Postmaster General, or his Deputies,
nor any Custom House Officer, Sheriff, or Coroner, nor the
Clerks and Commissioned Officers of the Legislature or of
the Executive Council, nor any Schoolmaster, shall be held
or bound to accept or hold any such office as aforesaid, or any
other office in the said city.

41. And be it enacted, That if any person holding the
office of Mayor, Alderman, or Councillor, shall be declared
Bankrupt, or. shall become insolvent, or shall apply to take
the benefit of any Act for the 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 Religious Sect, or a Judge or Clerk of any Court, or a
Member of the Executive Council, or shall become account-
able for the City Revenue, or receive any pecuniary allowance
from the city for his services, or shall be absent from the
said city for more than two calendar mouths at one and the
same time, or shall be absent from the Meetings of the said
Council for more than two calendar months consecutively,
(unless in case of illness, or with leave of the Council) then,
and in every such case, such person shall thereupon imme-
diately become disqualified, and shall. cease to hold such
office of Mayor, Alderman, or Councillor, as aforesaid ; and
in the case of such absence, shall be liable to the same fine
as if he Had refused to accept such office.

42. And be it enacted. That the Mayor of the said city
for the 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 city for the time being shall .severally be
Justices of the Peace for the said City of Montreal, and it
shall be lawful for the said Common Council, from and out of
the moneys belonging to the said city, to grant and allow to
the said Mayor, for the time being, in Ueu 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 be it enacted. That it shall be lawful for the said

Mayor, Alder-
men, and Coun-
cillors to be Jus-
tices of the
I'cace.

Mayor to have a
salary.

Council to name
City Clerk.

CITY CHARTER AND OTHER ACTS.

Council of the said city, from time to time, as occasion may
require, to appoint a fit and proper person, not being a Mem-

ber of the Council, to be Clerk of the said city, and
another fit person, not being a Member of the said Council,
and not being City Clerk, to be 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 Markets of the said
city ; and one or more Surveyor or Surveyors of highways,
streets and bridges ; and such number of Overseers of
highways, streets and bridges, as they may deem neces-
sary ; and one Collector for each of the Wards of the said collectors,
city ; one or more Pound Keeper or Pound Keepers for the
said city, and such other Officers as they may think neces-
sary, to enable them to carry into execution the powers
vested in them by this Act, and to prescribe and regulate
the duties of all such officers 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
the 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 be Assistant Clerk of the said city ; and
every such Assistant Clerk shall, during the time for which
he may be so appointed, dissharge 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 heretofore Province of Lower Canada,
passed in the thirty-sixth year of the Heign of His late

Ciiy Treasurer,
Clerks of Mar-
kota.

Surveyors of

Highways.

Overseers.

Found keepers
and other
officers.

To prescribe
duties.

Security to be
taken.

Salaries to be
given.

In case of ab-
sence or sick-
ness of City
Clerk, Mayor
may name As-
eistant Clerk.

Powers of Trea-
surer, Assessors,
Surveyors, &o.,
under 3 George
III, c. 9. (L. C.)

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
pjGoo. IV, c. 16. 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.6. George the Third, intituled. An Act to amend an Act passed
in the thirty-sixth year of Sis present Majesty^ s Jieign, inti-
tuled " An Act for making, repairing and altering the JTigh-
^^ ways 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 tj( 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 and
Town of Montreal, vested in, and imposed on, the Assessors
appointed in pursuance of the provisicais 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 pursuance of
the last mentioned Ordinance and on the Treasurer of the
said city, and on the Surveyor of Highways for the said

Transferred to
the same ofliccra
appointed un-
der this Act

CITY CHARTER AND OTHER ACTS.

Tnor, or per-

The duties of
AsMiRsors may
be performed
by a majority of
them.

Case of dilTer-
ence of opinion,
how met.

City of Montreal, appointed respectively under the authority
of the last mentioned Ordinance, shall continue to be, and
shall be 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 tlio 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-

Treasureroftho
city, liis duties.

Accounts to bo
annually sub-
mitted to the
Auditors and to
tlie Council for
examination
and audit.

CITY CHARTER AND OTHER ACTS.

said.

Members

he 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 ao- if the said accounts shall be found to be correct, the Auditors

counts to be an- • '

Dually 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 enacted. 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-
ments.

City ofBcers to
render detailed
accounts.

CITY CHARTER AND OTHER ACTS.

ments : and every such Officer shall pay all such moneys as
shall remain due from him to the Treasurer, for the time
being, or to such per^ in 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, such 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 appear 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,

To pay ovor all
moneys by them
duo.

How thoy may
be proceeded
against for refu-
sal or neglect of
such duty.

Judgment tn be
obtained in a
summary man-
ner.

In default of
payment, the
party may be
Imprisoned.

CITY CHARTER AND OTHER ACTS.

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 he shall have delivered
up such Books, Documents, Papers and Writings as afore-
said, or have given satisfaction in respect of the matteiis
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 tliQ 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

Term of iinpri8>
uiiinciit limited.

Ucmcdy by ac-
tion not to bo
abWdgod
uKainiit such
olticororhis
Kurety.

At meetings of
(.'ouMcil, niHjor-
ity to decide all
<lue8tiou8.

Who Hhnll prp-
fide.

Casting vote to
member i>roi<id-
ing.

Special mcct-
Ingi, how
called.

cal

In m(o of rent-
aalby theMayor
to call »uch
. meetings, Uvo

number of the said Members 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 Cotmcil 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 bo 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
mnnner 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 throe days' previous notice thereof ; and in case the
said Mayor, or the said Alderman, during the absence or

CITY CHARTER AND OTHER ACTS.

sickness of the said Mayor as aforesaid, shall refuse to call mpmbere may

*' . . . rt ,1 . -J <'*'! '^ meeting

any such Meeting, after requisition for that purpose, signed after certain
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,
which notice shall be signed by the said Members ; And every Business bofor
such notice, whether given by the Mayor, or by the said to Vc specially

. /. ■»«• 1 <» ii • 1 i-^ mentioned in

Alderman, or by any five or more Members ot the said Coun- such notice,
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-
cifying 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- Miuuics of pro-
ings of all meetings to be held as aforesaid, shall be drawn up meetings to be
and fairly entered in a Book to bo 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 Moptinp to be
said Meetings shall be held with open doors, and all extracts iioor»* ' "''*'"
from the Book required to be kept by this section of this Act,
and all copies of entries therein, and generally all Ccrtifi- copicii of en-
cates, Deeds and Papers signed by the Mayor of the said by niericik'
city, and countersigned by the. City Clerk of the said city, ci'ty seai, to be
and under the Seal of the said city, shall, in all Courts of via facie ovi-
Justice in this Province, be taken and received as primd
facie evidence of the facts set forth in such Extracts, Copies,
Certificates, Deeds and Papers, respectively.

51. And bo it enacted. That at any Quarterly or Special (ounciimay
Meeting of the said Council of the said City of Montreal, Iluliulllji!'"""*''
when the business before the meeting cannot bo gone through

witii, or be fully disposed of, it shall be competent to the said

CITY CHARTER AND OTHER ACTS.

Council may
iiHiiio commit'

tlH'S.

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 adjounied meeting bo 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.

58. And be it enacted, That all and every the powers and
[n moKigtratos'* authorities which, in and by any Act of the Legislature of
by thViuHiudi!' 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,

Cortain powprn

CITY CHARTER AND OTHER ACTS.

sewers, market-houses, and weigh-houses, and other public
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 which, 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, S'^d 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 fic"iiB/»r^
Ferry Licenses to persons plying 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.

64. And be it enacted, Tliat it shall be lawful for the said council autiio-
Council of the said City of Montreal to borrow, on the credit uf •''certiTn 'ix^
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 duo, for the purchase of the
Montreal Water Works, authorized to be made in and by the

CITY CHARTER AND OTHER ACTS.

City i-cvonuag
charged witli
tlip payment of
such debt and
all other dobts
coutractcd by
tlic Council.

Act passed in the seventh year of Her Majesty's Reign, and
intituled, An Act to authorize the Mat/or, Aldermen and
Citizens of Montreal, to purchase, acquire, and hold the pro-
peril/ noto known as the Montreal Water Works, shall not
exceed at any one tim'" the sum of One Hundred and Fifty
Thousand Pounds, currency ; and all and every public moneys
raised, or to be 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-
menc of the sums of money which 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 duo 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 borrowed by the said Council of the
said city, and generally all debts now legally due or hero-
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 bo in force 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 which 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
I'urihor 8uni, for
tlu> oxt(>nt<ion
and imiirovo-
nicnf of Wafer
Work;*.

CITY CHARTER AND OTHER ACTS.

extension and improvement of the said Water Works, and it
shall and may be lawful for the said Corporation to issue
under the Hand of the Mayor, and the Seal of the Corpora-
tion, Debentures or Corporation Bonds, for the sum or sums
of money to be so borrowed as aforesaid for the extension and
improvement of the said Water Works, payable at such time
and times after the 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
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
half yearly interest thereon, which Coupons being signed by
the Mayor shall be respectively payable to the bearer thereof
when the half yearly interest therein mentioned becomes duo,
and shall on payment thereof be delivered up to the Corporation,
and the possession of any such Coupon by the Corporation
shall be pritnd facie evidence that the half year's interest
therein mentioned has been paid according to the tenor of
such Debentures or Bond, and all the provisions of this section
shall apply as well to the Debenture or Bonds, heretofore
issued, as to those to be issued after the passing of this Act,
and all .such Debentures or Bonds, and as well the interest
as the principal thereof, are and shall be secured on the
general funds of the said Corporation, as well as by special
privilege on the said Water Works, immediately next in order
to and after extinction by payment of the Debentures or
Bonds already issued for the purchase of the said Water
Works under and by virtue of the provisions of an Act passed
in the seventh year of Her Majesty's Reign, intituled, An
Act to authorize the Mai/or, Aldermen and Citizens of Mon-
treal to purchase^ acquire and hold the property now known as
the Montreal Water Works^ and all the privileges and advan-
tages granted and secured to the said Debentures or Bonds,
already issued as aforesaid for the purchase of the said Water

Mny ifsue do-

bClltUIC!', &c.

To bear interest.

Coupons of de-
bentures, iVc.

Po8.se8siou of
coupons, to Ik-
evidence of
payment of
interest, in h
certain case.

Debentures to
come under t (lis
gcotion.

To be secured
on eeneral
funds, &c.

7 Vict., c.
cited.

I'rivtJoftcs of
said Act in Ik-
vor of Boudit
HJreadv iwuod
extended to

CITY CHARTER AND OTHER ACTS.

those to be
issued uiidt-r
this Act.

Proviso : na to
priority of pri-
vilege.

A rate or assess-
ment to bo le-
vied for supply-
ill^ water.

Who is to bo
subject to such
rate.

Rate, when
payable.

Not to exceed
Is. 6d. in tlie
pound, &c.

Ity whom paid.

Notice to bo
given.

For a broken
period, tlie rate
to be in propor-
tion.

As to tlio rate
Iter annum.
Troviso : no Air-
thor cliarge to
bo made.

Works, in and by 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 aflFect 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 thvi
said Corporation, which rate or assessment shall not howover
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, fta 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 bo payable by the proprietors or occupiers of
any such house, store or building, in the said city, until after
the said Corporation 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 OTHER ACTS.

te or assesa-

Froviso : as t(i
who shall bear
certain expen-
ses

for the supply of the water as aforesaid, any thing in the
said last mentioned Act to the contrary notwithstanding :
And Provided also, that the expense of introducing the said
water into the said houses, stores or other buildings, shall be
borne by the said Corporation, and the work performed by
the same, but the distribution of the said water through the
said houses, stores or other buildings, after being introduced
into them, shall be borne by such proprietors or occupiers, if
required by them.

57. And be it enacted, That the said Corporation shall
have power to make special agreements with parties inter-
ested for the supply of water 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 supply 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 continu > 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 be 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 pereons 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
tlic said Council is now, or may be hereafter invested, either

Corporation
inav make spe-
cialagrcements,
in certain cases,
forthosupplyof
water.

Supply of water
may bo discon-
tinued for non-
payment.

Party to remain
liable to arrears
and subsequent
rates.

Council to make
By-laws for cer-
tain general
purposes.

For the oloanli-
ncss, hcalth,and
local govern-
ment of the city.

For raiding and
applying mo-
lievs, by lolls,
rates, or assoKs-
monts.

CITY CHARTER AND OTHER ACTS.

Or dutio8 on
public houses,
rotailers of spi-
rituous liquors,
podlars.

Tlipatres, &c.,
horscF, carri-
ages, billiard
tables, dogs.

Wholesale and
retail dealers,

Itanks,

Forwarders,

lirokcrs,

by imposing tolls and rates, to be paid in respect of any
Public Works within the said city, or by means of. a rate or
asse3sment, to be assessed and levied each and every year,
on real or personal property, or both, within the said city,
or upon the owners or occupiers thereof in respect of such
property, provided that such assessment may in any one year,
amount to, but shall not exceed (excepting as hereinafter
provided) One Shilling and Six pence in the Pound on the
assessed yearly value of the property, liable to such assess-
ment ; and by imposing a duty or duties on the keepers of
houses of public entertainment, and the retailers of spirituous
liquors, and on Merchants and Dealers and the Agents of all
such resorting to, or visiting the city, to take or receive
orders therein, or to sell therein, or buy according to sample,
contract or agreement, or in any other manner or way what-
soever, and on all hawkers, pedlars, and petty chapmen
within the city ; and on all proprietors, owners, agents,
managers or keepers of Theatres, Circuses or public enter-
tainments. Exhibitions or shows of any kind ; or of horses or
carriages of any kind kept for pleasure, for use, for working
or for letting or hiring out, or of billiard tables, ball alleys or
games, amusements or means of gambling of any kind, or of
dogs within the said city; and on all wholesale or retail
dealers in goods, wares or merchandize of any kind, withiri
the said city, and the premises occupied by any and all such ;
on Bankers, Banks and all agents of Bankers or Banks and
the premises occupied by all such, and on all Banking Insti-
tutions, and all premises occupied as Banks, Bank agencies,
or for Banking purposes of any kind whatsoever, in the said
city, except that particular class of Savings Banks in the
said city which are or may be established for the benefit and
advantage of the industrial and labouring classes of the people,
and not for the profit of the Stockholders, which said class
of Savings Banks are hereby exempted from any special rate
or assessment, other than the ordinary rate or assessment
levied on all real property in the said city ; on all Forward-
ing Merchants or Forwarders and the agents of all such, and
all premises occupied by them ; on all Brokers and money

CITY CHARTER AND OTHER ACTS.

4ii

ners, agents,

Insuranco com-
pauies,

Agents,

Gas companies,

Coifeo houses,

Auctioneers,
&o.,

changers and the agents of all such, and the premises occu-
pied by all such Brokers, money-changers or their agents in
the said city ; on all Insurance Companies, and all agents
of, or for any Insurance Company or Companies in the said
city, and all premises occupied by such Insurance Com-
panies, or by any agent or agents of, or for any such in the
said city ; on all agents of merchants residing in any other
city or place in this said Province, or elsewhere ; on all
Telegraph Companies and the agents of all such in the said
city, and on the proprietors of all Telegraph wires or means
of communication in the said city, or passing through any
part thereof ; on all Gas Companies, and the premises used
and occupied by all such within the said city ; on all keepers
of Eating Houses, Coffee Houses and Ordinaries; on all
Auctioneers, Grocers, Bakers, Butchers, Hucksters, Pawn-
brokers, Livery Stable Keepers and Carters ; on all Traders Manufecturore,
and Manufacturei*s, and the agents of all such ; on all Bowers and

' o ' distillers.

Brewers, Distillers,, Soap or Candle Manufacturers ; on all timudicrs,
Camphine or other Oil Manufacturers ; on all Ginger Beer,
Spruce Beer and Root Beer Brewers, and the Agents and
Agencies of any and all such ; on all Brick Manufactures, Brick makers.
Dealers in Wood and Proprietors or Keepers of Wood Yards ;
on all Proprietors and Keepers of Tanneries and Slaughter
Houses in the city, on all Inspectors of Pot or Pearl Ashes,
of Beef, Pork, Flour, Butter, or any other produce, articles
or effects whatsoever in the said city, and generally on all
trades, manufactories, occupations, business, arts, professions
or means of profit, livelihood or gain, w^hether herein before
enumerated or not, which now are or may hereafter be
carried on, exercised or in operation in the city ; on all
persons by whom the same are or may be carried on, exer-
cised or put in operation therem, either on their own account
or as Agents for others ; and on the premises wherein or
whereon the same are or may be so carried on, exercised or
put in operation ; and on all persons acting as Ferrymen to Ferrymen,
the said city or plying for hire for the conveyance of persons
by water to the said city from any place not more than nine
miles distant from the same.

Inspectors of
aslies, &c,,

All trades and
business gene-
rally.

CITY CHARTER AND OTHER ACTS.

To increase
commutation
money, or to
exempt parties
tliorcfrom.

To cliangc sites
of market
places when
necessary.

Saving the
rights of parties
Rggiieved.

I'o determine
powers of
Clerlts of Mai^
kets and otiier
oificers employ-
ed about the
markets.

To lot stalls, and
regulate the sale
ot articles on
the markets.

For increasing the amount of the commutation money pay-
able by each person liable to statute labour on the highways
within the said city^ to any sum not exceeding five shillings,
currency, for ea,dh person so liable ; and for obliging each
and every person, so liable, to pay the amount of such com-
mutation money so fixed, without being allowed to offer his
personal labour on the said highways instead thereof, and for
exempting from the payment of such commutation money,
any class of persons to whom they shall deem it right to grant
such exemption on account of the limited pecuniary means of
such persons liable to pay the same.

For changing the site of any market or market-place
within the said city, or to establish any new market or
market-place, or to abolish any market or market-place, now
in existence, or hereafter to be in existence in the said city,
or to appropriate the site thereof, or any part of such site,
for any other public purpose whatever, any Idw, statute or
usage to the contrary notwithstanding ; saving to any party
aggrieved by any act of the said Council respecting any such
market or market place, any remedy such party may, by
law, have against the Corporation of the said city, for any
damage by such party sustained by reason of such act.

For determining and regulating the powers and duties of
the Clerks of the Markets in the said city, and of all other
officers and persons employed, or to be employed by the said
Council in or about any of the said markets ; and for letting
the stalls and other places for selling or exposing to sale any
kind of goods or commodities in the said markets, or upon the
said market-places ; and for imposing, regulating, fixing and
determining the duties, taxes or rates to be paid by any per-
son or persons selling or retailing, in or at any of the said
markets, any provisions, vegetables, butchers' meat of any
kind, grain, fowls, hay, straw, fire-wood or any other thing or
things whatever ; and for regulating the conduct of all per-
sons buying or selling in or at any of the said markets ; and
to provide for the weighing or measuring, as the case may
require, at the instance of any party interested, by any officer
or other person to be named for that purpose by the said

CITY CHARTER AND OTHER ACTS.

Council, and on the payment of such fees as the said Council
may think fit to impose on that behalf, of any thing or things
sold or offered for sale in or at any such market.

For regulating all vehicles of every kind whatever in which To rcRuiatc
any articles shall be exposed for sale in any public market, ket, anii impose

'' 1 ,V , •,! • ,1 -J •. 1 i» duties thereon.

or in any street or public place, withm the said city, and tor
imposing a duty or duties on such vehicles, and establishing the
mode iii which such duty or duties shall be collected and paid.

For establishing a Board or Boards of Health for and
within the said city, and for appointing the Members thereof. To cBtabHsh a
and for making all such regulations as they may deem neces- Health,
sary for preserving the inhabitants thereof from contagious
and infectious disease, or for diminishing the danger of,
or arising from the same.

To confer upon and to convey to the said Board of Health
all the privileges, power and authority in relation to the To confer cer-

• tftiii DrivilGircs

duties of the said Board, and all Ordei's to be made, and all on the Board of
things to be done by the said Board, as are possessed by the
said Council, and the said Council is itself invested with in
reference to health.

To prohibit interments within the limits of the said city,
or any particular section thereof, or within any particular To prohibit in-
burying-ground, vault or other place therein ; to compel the city,
taking up or the removal and re-interment out of, and beyond
the said city, of any Body interred within the said limits
contrary to such prohibition : Provided that nothing herein
contained shall prevent the interment in Roman Catholic
Churches in the said city, of Priests or Nuns of the said
Roman Catholic faith.

For regulating the weight or measurement of all fire-wood,
coals and salt, and of all grain brought into the said city, for To regulate
sale and consumption therein ; for regulating and determining wowi', c^oais^
in what manner, either by measurement or weight, or both ** ' '" ^^ "
measurement or weight, any or all of the said articles shall
hereafter be bought and sold in the said city, and for appoint-
ing Measurers and Weighers of all such articles, and establish-
ing and regulating the fees to be paid to such ofl&cers, and
the duties they shall perform.

CITY CHARTER AND OTHER ACTS.

To twsogg roal
|)ri»|)orly for
coniiiion HOW-
on.

To CDiniK'l the
cnrlo«iuro of all
roni proporty.

To regulate the
oponiuft of

HM'COtS.

To compel occu-
paut8 of un-
ibnced lots of
land to fonco
the same.

For assessing the Proprietors of Real Property, for such
sum or sums as may at any time be necessary to defray
the expenses of making or repairing any common sewer in
any public street or highway within the said city, and imme-
diately in front of such real property respectively, and for
regulating the mode in Avhich such assessments shall be col-
lected and paid.

To compel the Proprietor or Proprietors of all Real Pro-
perty within the city limits, their Agents, and all others hav-
ing or assuming charge of such property, to enclose the same ;
and to regulate the height, quantity and material of every
such enclosure.

To prohibit the opening, making or extending of any street,
lane or roadway, either public or private, within the city,
unless the same be opened, made or extended at a width of
at least sixty feet French measure : Provided however, that
lanes made in rear of lots solely for the purpose of communi-
cating with the out-buildings and yards on such lots, be
specially exempted from the operation of such By-law.

To compel the Occupants of unfenced lots of land in the
said city, or of land therein, having stagnant or filthy water
in or upon it, or of land in the said city that is in other way
offensive or dangerous to the public health, and the Agents
of the Proprietors of all such lands, and all persons having
or assuming the charge of any such land, in the absence from
the said City of the Proprietors of the said land, or in case
the said Proprietors may not be able to be found, to properly
fence in the said land within such delay, and with fences of
such height, and of such material as the said Council may
direct, and to drain off all stagnant water from the said
land, or any water thereon that may be otherwise offensive
or dangerous, to remove therefrom all filthy and offensive
matters or things, and to fill up and properly level the same ;
And if there be no persons in occupation of the said land,
and no Agent or other person representing the Proprie-
tors of any such land in the city, or their Agents, or
should the Proprietors of any such land in the said city,
their Agents or the Occupants of the said land, or other

CITY CHARTER AND OTHER ACTS.

assuming charge

persons in charge of the said land, or

thereof, refuse or neglect to fence in as aforesaid, to drain,

cleanse, fill up and level the same, when so directed by the

said Council, or the proper officer thereof; or should the ,

said Proprietors, Agents, Occupants, or other persons, be

unable for want of means, or any other cause whatsoever, so

to fence in, drain, cleanse, fill up and level the said land

when 80 directed as aforesaid, then, and in all such cases, it ,

may be competent to the said Council, and the said Council

is hereby authorised and empowered to have the same done

at the cost and expense of the said Proprietors of the said

land, and to acquire thereby a special mortgage on the said

land for the amount or sum of money so expended on the

same.

For directing and requiring the removal, at any time, of To require tho

, , , .,. ., . ,. . , removal of door

any door-steps, porches, railmgs, or other projections into, or stops,
obstructions in, any public street or highway within the said
city, by and at the expense of the Proprietors of the Real
Property, in, or on which such projection or obstruction shall
be found.

For defraying, out of the funds of the said city, the To deivay the
expense of lighting the said city, or any part thereof, with f$fkti"ng tiie
gas, or with oil, or in any other manner, and of performing *" ^'
all such work of any kind, as may be necessary for such pur-
poses ; and for obliging the Proprietors of Real Property, in
any part of the city so lighted or to be lighted, to allow such
work to be performed on or in such property, respectively ;
and such pipes, lamps, lamp-posts, and other contrivances ^

or things as may be necessary for the purpose aforesaid, to
be fixed in or upon sucli property, or any building thereon ;
the expense of all such work being, in every case, defrayed
by the said Council, and out of the funds of the said city.

For altermg the level of the foot-paths or side-walks 'ia any to alter
street or highway within the said city, in such manner as the
said Council shall deem conducive to the convenience, safety
and interest of the inhabitants of the said city: Provided proviso for
always that the said Council shall and may make compensa- ''"'"^'*'°*"*
tion out of the funds of the said city, to any person whose

levels.

lOU.

CITY CHARTER AND OTHER ACTS.

To pull down
old wHlU, &c.

To rogulato
wt'ifflit and
i|U»lity of
bri'iui.

To rcKiiliito ser-
vaiitd.

property shall be injuriously affected by any such alteration
of the level of any foot-path in front thereof.

To pull down, demolish and remove, when necessary, all
old dilapidated or ruinous walls, chimneys and buildings that
may endanger the public safety ; and to determine the time
and manner in which the same shall bo pulled down, demo-
lished, or removed, and by what party or parties the expense
thereof shall be borne.

For regulating, fixing and determining the weight and
quality of all bread that may be sold or offered for sale within
tho said City of Montreal.

For restraining, ruling and governing apprentices, domes-
tics, hired servants and journeymen, in the said City of
Montreal, and for tho conduct of masters and mistresses
towards their said apprentices, domestics, hired servants
and journeymen within tho said City of Montreal.

To prevent Gaming or tho keeping of any Gaming-house,
or place for Gambling in tho said city.

For tho government of persons plying as Ferrymen, to the
said City of Montreal, from any place within nine miles of
tho said city, and to establish a tariff or tariffs of fees to bo
taken by such Ferrymen ; and also to fix and determine what
places hi the said city may be used as Landing-places, and
respecting all other matters and things connected with such
Ferries and Landing-places.

To compel tho atten«lance of tho Members of tho said
Council at all Quarterly and other Meetings of the said Coun-
cil, and the regular performance, by the said Members of the
said Council, of their respective duties as Members of tho
said Council.

For the governing, regulating, arming, clothing, lodging
and paying of tho men and officera of the Constabulary Force
to be established under this Act, and for regulating the resi-
dence, classification, rank, service, uispection and distribution
of the said force ; and for the Government generally of the
said Constabulary Force, so as to prevent any neglect of duty
or abuse of power on the part of the Members composing the
force last mentioned.

To prevent
KiuninR.

To n'Kiilate
lori'viiieii nnd
IniiilinK-pInceo.

To comiM'l tlic
nttendiiiico of
iiienilHTH.

To rt>/iul»fe tho

roiixliibiilniy

force.

CITY CHARTER AND OTHER ACTS.

uch alteration

To establish as many Pounds and in as many different
places in the said City of Montreal, as may be deemed expe-
dient for the impounding of horses, horned cattle, sheep,
goats and hogs which may be found astray, and impounded
according to law.

To compel and require that all kinds of live stock and all
kinds of provision and provender whatsoever, usually bought
and sold in public markets that may hereafter be brought to
the said city for sale, shall be taken to the public markets of
the said city and there exposed, and that neither the said
live stock nor the said provisions or provender, shall be
offered or exposed for sale or be sold or purchased elsewhere in
the said city, than on the said public markets thereof without
the special license and permission of the said Council.

To impose a duty on all the private marts in the said city,
or that may hereafter be established therein, for the sale of
cattle, provisions or provender, or of any thing else whatso-
ever that is usually sold in public markets, with power to
regulate and fix the said duty as regards each particular
mart, as the said Council may see fit.

For assessing the Citizens residing in any particular street,
lane, square, or section of the city, in any sum or sums
necessary to meet the expense of sweeping and watering the
said street, lane, square or section of the city, provided that
not less than two thirds of the said Citizens residing as afore-
said, in such said street, lane, square or section shall have
first prayed or demanded to have the same swept or watered ;
and provided also, that the said assessment shall in no case
exceed the amount of Three Ponce in the Pound. To impose
a special assessment over and above all other rates or assess-
ments which the said Council are empowered to impose, to
defray and meet the expenses of any building or buildings, or
other property whatsoever that may be demolished, destroyed?
injured, damaged or deteriorated in value, by any mob,
tumultuous assemblage, or riotous person whomsoever in the
said city ; provided, that in the event of the demolition,
destruction, injury or damage to any property in the said
city by any mob or tumultuous assembly, if the said Council

To oetablish
Pounds.

To compel )ivi>
stock and pro-
visions brought
to tlie city to be
taken to tlie
markets.

To impodo a
duty on privato
marts.

To assess tlio
citizons for
watering and
swooping any
particular
street.

To assess Tor
property de-
stroyed by mob
or fiuring riots.

CITY CHARTER AND OTHER ACTS.

kli

or stoiio.

omit to provide, by such special assessment, to defray the
expense thereof within six months after the destruction or
injury of the said property, then the said Council shall be
liable to pay the same, and the Proprietors of the property
destroyed or injured may recover the amount or value there-
of by action against the said Council.
To prohibit the To prohibit and prevent the construction of any wooden
wooden build- building, of anylcind or description whatever, or the covering
oifir. ' " of any building of any kind whatsoever Avith shingles or
wooden materials of any kind whatsoever, within the city
limits ; And to require and enforce the erection of separation-
Waii8 of brick walls of stonc or of brick, and of such height and thickness
as the said Council may deem necessary, between all lots of
land belonging to diflFerent Proprietors, and situated within
that part of the said city, which is bounded by the River
St. Lawrence, by Craig, Lacroix and M'Gill streets ; any
law, usage or custom to the contrary notwithstanding.

To prohibit the erection of any steam-engine within the
limits of the said city, unless the building containing the
same, shall be distinct from any other building, and from the
line of any street, square, lane, or other thoroughfare, at
least one hundred feet.

To punish, cither by fine or imprisonment, or by both, any
person or persons who shall ill-use, or cruelly treat any
animal, within the limits of the said city.

And by any such By-law for any of the purposes aforesaid,
the said Council may impose such fines not exceeding Five
Pounds, or such imprisonment not exceeding thirty days, or
both, as they may deem necessary for enforcing the same.
Council may 69. And for the bettor protection of the lives and pro-

to prcvoiit scci- perty of the inhabitants ot the said city, and for preventing
accidents by firo therein. Be it enacted. That from and after

To prohibit
ctoaui onginofl.

("niolty to ani
mnli!!.

I'cnalty.

the passing of this Act, the said Council of the said city,
at a meeting of the said Council, comiK>sed of not less than
two thirds of tho Members of the said Council, shall, more-
over, have full power and authority to make By-laws* which
shall be binding on all persons, for tho following purposes, that
is to say :

CITY CHARTER AND OTHER ACTS.

For regulatmo; the construction, dimensions, height and And to regulate
elevation of chimneys, and specially where any houses or pre- ciiimneyn,
mises are built or elevated above other houses and premises
to which they may adjoin or be near, by whom, at whose
cost, in what manner, to what height, and within what delay
the chimneys of the less elevated houses or premises shall be
raised or built up so as not to endanger the adjoining or neigh-
bouring premises, and to prevent all hazard of accident or
loss by fire.

For establishing such rules and regulations as they shall And conduct ot
deem expedient for preventing accidents by fire, and for the ^"°"* "
conduct of all persons present at any fire within the city.

For appointing all such Officers as they may deem neces- To appoint otn.

CGTB to cftrrv

sary for .; '^yiug such rules and regulations as aforesaid, rules into eflbct.
into effec' " or prescribing the duties of such Officers,
and proviv I jr their adequate remuneration out of the
funds of the said city.

For defraying, out of the said funds, any expenses that To defray ex-
they may deem it right to incur, for the purchase of engines voat rtrts.
or apparatus of any kind, or for any other purpose relative
to the prevention of accidents by fire, or to the means of
arresting the progress of fires.

For authorizing such Officers as shall be appointed by the To authorize
Council for that purpose, to visit and examine at suitable buiidinK*, for
times and hours, to bo established in such By-laws, as well ci'ifJrdng w/cii
the interior as the exterior of all houses, buildings, and real
property, of any description, within the said city, for the
purpose of ascertaining whether the rules and regulations to
bo made as aforesaid, have been duly observed and obeyed ;
and for obliging all Proprietors, Possessors or Occupants of
such houses, buildings, or real property, to admit such
officers and persons into and upon the same, at the times and
for the purposes aforesaid.

For vesting in such Members of the said Council, and in To anthorim
such Officers as shall bo designated in such By-laws, the oi*^buiidin^'""n
power of causing to bo demolished or taken down, all build- *"" " ""
iiigs or fences which such Members or Officers shall deem
necessary to be demolished or taken down, in order to arrest
the progress of any fire.

CITY CHARTER AND OTHER ACTS.

To prevent
depredations
at fires.

To defray the
expenses incnr-
red by wounds
or diseases con-
tracted at fires,
or to grant pen-
Hions.

To cause an en-
(|uiry to be
made as to the
cause and origin
of fires.

To make a fur-
ther assessment
of three pence
in the pound.

Finos and im>

firisonmsnt 11m-
ted.

For preventing thefts and depredations at fires, and for
punishing any person who shall resist or maltreat any Mem-
ber or OflScer of the Council in the execution of any duty
assigned to him, or in the exercise of any power vested in
him by any By-law made under the authority of this section.

For defraying out of the funds of the city, any expense
to be incurred by the said Council, in assisting any person
in their employ, who shall have received any wound or con-
tracted any disease at any fire, or in assisting or providing
for the family of any person in their employ who shall perish
at any fire, or in bestowing rewards in money, medals, or
otherwise, upon any person who shall have performed any
meritorious action at any fire.

For establishing, or authorizing and requiring to be esta-
blished, after any and every fire in the said city, a judicial
enquiry into the cause and origin of such fire, for which pur-
pose the said Council or any Committee thereof, authorized
to the effect aforesaid, or the Recorder of the said city, is
hereby authorized and empowered to compel the attendance
of parties and witnesses before them, under pain of fine and
imprisonment, or both ; to examine them on oath ; and to
commit for trial any party or parties against whom well-
grounded cause of suspicion may be found of their having
wilfully or maliciously originated the said fire or fires.

For imposing over and above all other rates, assessments
or duties, which the said Council are empowered to impose,
an annual rate or assessment to be assessed and levied on
all real property within the said city, or upon the Owners or
Occupiers thereof, in respect of such property, provided that
such assessment shall not, in any one year, exceed Three
pence in the Pound on the assessed value of the property
lying and being within the said City, and for regulating the
time and manner in which such rate or assessment shall be
collected ; and by any By-law, for any of the purposes for
which the said Council are authorized by this section of this
Act to make any By-law, the said Council may impose such
fines not exceeding Five Pounds, or such imprisonment not
exceeding thirty days, or both, as they may deem expedient
for enforcing the same.

CITY CHARTER AND OTHER ACTS.

60. And be it enacted, That any person enrolled and
serving in any fire, hose, hook or ladder, or property protect-
ing company, established or to be established by the said
Council, or in any such company under the control and man-
agement of the said Council of the said city, shall, during
the time he may so continue enrolled and serve, be exempted
from the payment of the commutation money for statute labour,
and from serving as a Juror, Constable, or Militiaman, except-
ing during any war or invasion of the Province.

61. And be it enacted. That it shall be lawful for the
said Council of the said city, at a Meeting or Meetings of
the said Council, composed of not less than two thirds of the
said Council, to impose by By-law, a penalty not exceeding
One Hundred Pounds, currency of the said Province, on any
assessor or assessors of, in or for the said city or any ward
thereof, refusing or wilfully neglecting to attend to, perform
or fulfil, the duty or duties, which he or they, the said asses-
sor or assessors, are or may be bound and required by law to
attend to, perform and fulfil ; and a like penalty not exceeding
One Hundred Pounds on every such assessor performing the
said duty in a negligent, partial or imperfect manner.

62. And whereas the different systems of chimney-sweeping
that have heretofore been in use in the said city, have proved
to be defective and bad, and it is highly important to establish
an efficient system of chimney sweeping : Be it therefore
enacted. That it shall be lawful for the said Council to grant
to persons intending to pursue the occupation of chimney
sweeping in the said city, or in any such part thereof,
licenses to sweep chimneys for gain or hire in the said city,
or in such part thereof as the license or licenses so to be granted
may extend to, upon the payment of such duty or tax in that
behalf, and upon such other terms and conditions as the said
Council may deem it expedient to impose ; and from and after
the passing of this Act, no person shall, for gain or hire,
sweep any chimney, or part of any chimney in the said city,
or for gain or hire cause any chimney iik the said city to be
swept, without having received a license from the said Council
to sweep chimneys in the said city, or in some part of the said

Firemen ex-
empted from
certain duties.

Council empow-
ered to impose
penalty on as-
sessors neglect-
ing their duty.

Chiraiioys, how
to be sweut.

Sweepers to bo
licensed.

CITY CHARTER AND OTHER ACTS.

Allowances to
such sweeps to
bo ostabllshed
by a tariff.

City to be designated in the said license ; nor from and after
the passing of this Act, shall any person, having received any
such license, for gain or hire, sweep any chimney or part of
a chimney, nor for gain or hire cause any chimney or part of
a chimney to be swept, after the time for which such license
shall be granted, or at any place within the said city to which
such license shall not extend, or beyond the limits mentioned
in such license ; nor shall any person, having obtained such
license, charge or receive, either directly or indirectly, any
greater sum or allowance of any kind, for the sweeping of any
chimney or part of a chimney, or for any work or service
connected therewith, or for any service to be performed under
such license, than he may be allowed to charge under the
Tariff to be established in that behalf, as hereinafter provided
for, under a penalty of Twenty-five Shillings currency, for
each and every o^ence against any one or more of the fore-
going provisions in this section of this Act contained.

63. And be it enacted. That it shall be lawful for this
said Council, at a meeting or meetings of the said Council,
composed of not less than two-thirds of the said Council, to
make By-laws, which shall be binding on all persons, for caus-
ing all chimneys, within the said city, to be swept by a Licensed
Sweep in such manner, at such times, and so often as the
said Council shall appoint, and to establish a Tariff of the rates
or prices to be paid to such Licensed Sweeps for the sweep-
ing of chimneys ; and in every case in which a chimney shall
take fire in the said city, the occupant of the house in
which such chimney shall take fire, shall pay a penalty of not
less than twenty-five shillings currency, and not more than
fifty shillings, currency, at the discretion of the Court before
which the recovery of such penalty shall be sought, together
with the costs of suit, unless the occupant of the house in
which such chimney shall take fire, shall have caused, and
proved that he caused the chimney that may have so taken
fire, to be swept, by a Licensed Sweep, and unless it appear
that according to the By-laws of the said City of Montreal
it was not incumbent on such occupant to cause such chimney
to be swept, between the time of the sweeping thereof by

By-laws to be
made respecting
sweeps.

CITY CHARTER AND OTHER ACTS.

Chimnejr takiti);
tire, a penalty to
be paid, and by
whom.

Construction of
the liability ot
occupants, and
as to the nature
of such chim-
neys.

such Licensed Sweep, and the time at which such chimney may
have taken fire ; Provided always, that any occupant of any
part of a house in the said city, who may use, or cause to
be used, the whole or any part of a chimney in, or attached,
or forming a part of any such house in the said city, shall
be considered, for all and every the purposes of this section
of this Act, as the occupant of such house ; and provided fur-
ther, that if any chimney that may so take fire, be in the use,
or be used by the occupants of different buildings, or by the
occupants of different parts of the same building, each such
occupant shall be subject to the same liabilities, in all respects,
as if such chimney had been in his sole use ; and provided also
that any chimhey which may be used in any way, for tho
piypose of heating any building, or of conducting the smoke
from any building or for any such purpose, whether such chim-
ney be inside or outside of such building, or partly inside and
partly outside of such building, shall be considered as a chim-
ney in such building, for all and every the intents and purposes
of this Act.

64. Provided always, and be it enacted. That a copy of
every By-law to be made by virtue of this Act, shall be trans-
mitted with all convenient speed, after the making thereof,
to the Governor of this Province for the time being ; and it
shall be lawful for the said Governor, by and with the advice
of the Executive Council of this Province, within three months
from and after the receipt of such copy, to disallow any such
By-law ; and such disallowance shall without delay be signi-
fied to the Mayor of the said city, and thenceforward such
By-law shall be void and of no effect : Provided also, that all
By-laws repugnant to any law of the land, or to any Act of
the Legislature of this Province, shall be null and void.

65. Provided always, and be it enacted, That all and every
the Rules, Orders and Regulations and Acts of Authority,
legally made by the said Council since the passing of the said
Ordinance to incorporate the said City and Town of Montreal,
or by the Justices of the Peace for the District of Montreal,
before the passing of the last mentioned Ordinance to incorpo-
rate the said City and Town of Montreal, which may be in force

All By-laws to
be submitted to
the Governor,
and may be dis-
allowed.

All Uy-laws in
force, to con-
tinue in force.

CITY CHARTER I^ND OTHER ACTS.

Oorpormtions
may invest price
or compensa-
tion for pro-
perty.

Council may
purchase pro-
IKTty for public
cemetery.

at the time of the passing of this Act, shall continue, be, and
remain in full force and virtue, until the same shall be rescin-
ded, repealed or altered by the said Council, under the autho-
rity of this Act, or by other competent legal authority.

[Sections 66, 67, 68, 69, 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 be 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 sante without Her
Majesty's Letters of Mortmain ; any law to the contrq^ry
notwithstanding.

73. And be ijt enacted, That the said Council shall have
full power and authority to purchase 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 promote or
preserve the public health, and especially for the purpose 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 sufiicient 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 Sheriff of the District of
Montreal is hereby authorized and empowered to sell and

Non-payment of
asKOSsment to lie
liable to ten per
cent, increaso
per annum.

Property to bo
sold niter tivo
yours' non-pay-
ment of assots-
niont.

Uo^f property
ix to t>c sold ibr
arrears of as-

CITY CHARTER AND OTHER ACTS.

dispose of any and all such property, after six months' notice
to that effect, given by him, the said Sheriff, in the usual
manner and form, in payment and satisfaction of any judg-
ment that may be obtained for the said arrears of assessment,
and the increased per centage due thereon, for the said period
of five years, whether the said judgment be obtained in the
said Superior Court or in the Recorder's Court, upon a Writ
or Order to that effect being duly made and directed to the
said Sheriff from the aaid Superior Court or the said Record-
er's Court ; and the moneys levied by the sale of the said
property to be so as aforesaid sold, the said Sheriff shall in
all cases return before the said Superior Court, sitting in the
District of Montreal, to be by the said Court adjudged upon,
distributed and ordered to be paid according to law, and the
rights and privileges of the parties claiming the same : Pro-
vided however, that any balance or amount of the said
moneys to be so as aforesaid levied by the said Sheriff,
remaining in the hands of the said Sheriff, after the judgment
and distribution pronounced thereon by the said Court, shall,
within fifteen days thereafter, be paid over by the said
Sheriff to the said Mayor, Aldermen, and Citizens of the City
of Montreal, to remain in their hands, at the legal interest of
six per cent, till demanded and clainied by the party or par-
ties having a right to demand and claim the same.

76. And be it enacted. That any rate or assessment
with which any real estate within the said city may be
legally rated or assessed, • may be exacted and recovered,
either froni the owner of the real property so rated or
assessed, or from any person occupying the same or any part
'thereof, either as a tenant or otherwise ; and when any such
rate or assessment shall be paid by any tenant not bound to
make such payment, by the lease 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
cither party. Proprietor or Tenant, shall not debar or hinder

8088nicnt, and
per contago
thoroou.

Kcturii uf Slio-
rilT to bo made
to tlio Court of
Uucon'g UpiicIi

Ualaiico to bo
paid over to tbc
Corporation,
and liable to M\
per cent, inter-
est, till demand-
ed by the party
claiming the
same.

Tenant lluble tn
pay assessment,
with right to
deduct amount
paid from rent.

CITY CHARTER AND OTHER ACTS.

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.
riiviicKo giaut- 77. And be it enacted, That all debts that, from and
years' assess- after the passing of this Act, shall become due to the said
Corporation, 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, in 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 whereas many cases arise of enquiries into
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 given 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 liis 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

Witness sum-
moned on en-
quiry at facts
may bo exam-
ined on oath.

CITY CHARTER AND OTHER ACTS.

SO summoned shall neglect or refuse to appear at the time '
and place 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 appearing 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 by 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, forfeit 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 penalty,
give false evidence upon any such inquiry or investigation,
shall be deemed guilty of wilful and corrupt perjury, and
shall be liable to all the penalties of the said oflFence.

79. And whereas it is expedient to provide a summary Kocordors .
and inexpensive mode of recovering the debts, fines and ed "*^
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
Avherein 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 Mayor,
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, ofFence^,
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

fiO

CITY CHARTER AND OTHER ACTS.

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-laAv, 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 Corporation, for the recovery of any sum
or sums of money that 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 pipe 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 ofiences against any such By-law,
Rule, Regulation or Order, or against any law 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 CHARTER AND OTHER ACTS.

(51

tho Legislature of the Province of Lower Canada, passed in
the second year of Her Majesty's Reign, and intituled, An
Ordinance fof establishing an ejficient 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 Marke 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 t\e
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 Recorder's Court shall be held
from time 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
rccjuire 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-appoirtr •t, 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 \ ■ signed and
countersigned as aforesaid, the party ace g d 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 hi.-i 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

CITY CHARTER AND OTHER ACTS.

with the examination of the witnes9 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 bo recovered, or for any part thereof, on proof or
by confession, to issue a Warrant or Warrants, to be signed
and countersigned as aforesaid, requiring any Constable
or Bailiff, of the goods and chattels belonging to the party
convicted, 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 be,
and costs of suit, and to cause sale thereof to be made ;
whicli Warrant shall authorize any Constable or Bailiff to
execute such Warrant in any part of the District of Montreal,
by saiaie 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 AVarrant 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 said Court,
by a further Warrant to be signed and countersigned as
afox'esaid, 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 i)or8on may be found, there to remain
until the penalty imposed by such Court, or the amoimt of
the judgment given, with the costs in either case, shall have
been paid and satisfied : Provided always, that no person so
committed shall bo detained in gaol more than one calendar
month ; and provided also, that such imprisonment shall not
in any case have the effect of satisfying the said judgment, or
of debarring tlie said prosecutors from enforcing payment of
the said judgment, by seizure of any goods or chattels, or
lands and tenements, liable to seizure, tiiat may afterwards
be found belonging to tiio said parties, or by any other legal
means or process whatsoever, other than imprisoimient of the

CITY CHARTEK AND OTHER ACTS.

said 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 bef
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 powers of tn..
Recorder's Couft to cause order to be preserved in the said couii rnrtiicr
Recorder's Court, aftd 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 ;
tn 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 deeisorium, or on the
juramentum judiciale, in the same and like cases and cir-
cumstances in which such examination may bo lawfully re-
(juired 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 from the said Recorder's Court, for any one
or more of the purj)oscs aforesaid, by the like means as are
used for any sui5h 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 Ikiliffs of the said Court, as the said Council may
think fit ; and to make and settle a tariff of the fees which
should bo exacted by the .Clerk of the said Recorder's Court
uud by the Bailiflb and other such Officers, to bo euiployod

CITY CHARTER AND OTHER ACTS.

A" til tilt' n|i-
iiiiintiuciit of II
Itccoi-ilcr for
iIk'( itviil Moil-
iiiiil, iiV.

in and about the said Recorder's Court : Provided always,
that no fee shall be exacted under such tariflF 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 for that purpose, to enter in a succinct manner all the
proceedings had in the said Court, and to record at full
length all the judgments rendered, and convictions pro-
nounced by the said Court, but not to take in writing the
depositions of witnesses or of parties examined in the said
Court; and any person who shall, either as a pf rty or as a
witness, wilfully and corruptly give faise evidence, in any
cause, suit, action, prosecution, or other pr«ceedhig in the
said Recorder's Court, shall be deemed guilty of wilful and
corrupt perjury, and shall bo liable to the penalties of Avilful
and corrupt perjury ; and any Member of the said Council,
excepting the Mayor, Aldermen, or Councillors ol the said
Council then sitting in the said Court, and any Member,
Officer, or Servant of the said Corporation, shall bo a com-
petent witness in any suit or prosecution 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 Cotirt, for any offence that may bo heard and
determined by the said Court, shall be liable to be convicted
on the oath of one credible witness.

81. And be it enacted. That the Recorder for the said
City of Montreal shall be a Barrister of that part of the
Proviiice of Canada heretofore Lower Canada, of not less
than five years' standing, and shall be apjM)inted by the Crown
during pleasure, and such Jlecorder shall bo ox-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 CHARTER AND OTHER ACTS.

Hundred Pounds per annum , payable monthly ou }; of the Funds
of the said city : Provided always nevertheless, that the said rroviso.
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
Officer 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 Further powers
said Recorder's Court to be held and to sit daily, and as era court,
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, Jn Ordinance for establishing an
efjUeient 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 markets,
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,
(»r immediately after the commission of any offence, or by
warrant issued out of the said Court, or by the said Recor-
der, or by any Justice of the Peace for the said Dis-
trict of Montreal ; and it shall and may be lawful for
the Police or Constabulary Force of the City of Montreal, or
for any other Peace Officer or Constable, to bring before the
said Recorder's Court, or before the said Recorder, or, in
case of his absence as aforesaid, before the Mayor, or such
of the Aldermen or Councillors of the said city as may be
appointed to act in his stead, in the City Hall of the said
fity, any person offending as aforesaid against the provisions
of the said Ordinance, against any Act or Acts concerning
iissessmonts or markets, or against any By-law, Rule, Regu-
Ifttion or order now in force, or that may hereafter bo so, in
the said city, and any vagrant, loose, idle or disorderly per-

CITY CHARTER AND OTHMR ACTS.

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.
How certain 83. And be it enacted, That all fines and penalties

tines, &c., are to . , -r»i t»i/-\i t* i- i • t

bo recovered imposcd by any By-law, Rule, Order or Regulation, which
may be in force at the time of the passing of this Act, whether
made by the Justices of the Peace for the said District, before
the passing of the said Ordinance to incorporate the City and
. Town of Montreal, or by the said Council, since the passing

of that Ordinance, or hereafter to be made by the said Council,
and all fines and penalties imposed by this Act or any Acts
concerning any market or markets in the said city, or by any
Act concerning any assessment, tax or duty to be raised in
the said city, or by the said Ordinance, intituled, An Ordi-
nance fir establuhing an efficient iyntem of Police in the Citieft
of Quebec and Montreal, which shall or may be prosecuted
• for, or recovered in the said Recorder's Cour-t ; and generally,
all fines and penalties, sued for, recovered, imposed or levied
in the said Court, shall be 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 General Funds of the said city, and in no
other name or for no other Ubc. And it shall be lawful for
the said Council to remit any such fine or penalty, or to ac-
cept payment of any such fine or penalty from any party
willing to pay the same without prosecution, and all fines or
penalties that may be so paid without prosecution shall form
part of the General Funds of the said city.
KecordH, rogig- 84. And be it enacted, That all and every the Re-
Mayor's" court, cords, Registers, Documents and Proceedings of the Mayor's

Court.

Mil over to the Court of tho Said City of Montreal, shall forthwith after this

Kocordor's ^ ...

Act shall come fully into effect, bo transmitted into, and make
part of tiie Records, Registers, Documents and Proceedings
of tho said Recorder's Court hereby established, and the said
Mayor's Court shall, after the time aforesaid, cease to bo held
in the said city, and that no Judgment, Order, Rule or Act
of tho said Mayor's Court legally pronounced, given, hoard or

CITY CUARTER AND OTHER ACTS.

«7

done, before this Act shall come fully into eifect, 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 present condition be respectively transfer-
red to, and subsist and depend in, the said Recorder's Court
hereby 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
Court is hereby empowered to make in suits, causes or pro-
ceedings, commenced in, and depending before, the said last
mentioned Court.

85. And be it enacted. That it shall be lawful for the Police Force os-
said Council to establish and regulate a Police Force for
the said city, an(l for that purpose from time to time as
occasion may require, to appoint either fron 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 and 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
be in force, in Lower Canada ; and it shall also bo 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

OITT CHARTER AND OTHER ACTS.

Officers, so appointed, such names, and to assign to them
such duties as to the said Council may seem proper ; and
the said Officers and Men so to be appointed, shall 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 powers
and privileges of a Constable appointed under this Act, but
also all such powers as may be necessary for the legal fulfil-
ment of any duty or duties lawfully assigned to him 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 the 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, or such Alderman or
Councillor as may be appointed to act in his place, to be
dealt with according to law, or luSLy give Bail to such Con-
stable or Officer for his appearance before the said Recorder's
Court, the said Recorder, or the said Mayor, Alderman or

Authority to
iipprehoiid Idle
iitui disorderly
porKoiifi.

CITY CHARTER AND OTHER ACTS.

Councillor, if such Officer or Constable shall think fit to take
Bail in the manner hereinafter mentioned.

87. And be it enacted, That in addition to the powers Furtiior pi
and authority conferred by the preceding section of this fice Force.
Act, on the said Constabulary Force, it shall and may be
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, Rules and Regulations of the said
City of Montreal, or of the Council 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
such offiinder 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 the said Recorder, by the 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 ari'ested 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 arrested as aforesaid,
from being at once examined and tried, when 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 stoad, 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

owpro
lie I'o-

CITY CHARTER AND OTHER ACTS.

Itail to be taken
in certain cases.

said Mayor, Alderman or (Jouncillor as aforesaid, being
a Justice of the Peace in the said City of Montreal, under
the provisions of the said last mentioned Ordinance or any
othjr Ordinance or Act now in force in the said Province.

88. And be it enacted. That when any person charged
with any petty misdemeanor, shall be brought, without
the Warrant of a Justice of the Peace, into the 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 he shall think fit, to take Bail by
Recognizance, without any fee or reward from such person,
conditioned that such person shall appear for examination
within two days before the said Recorder'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 the Recognizance, 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 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 heard and determined,
^ either by the dismissal of the complaint, or by binding the

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 fe«i or reward,
oiticer or ton- 89. And be it enacted, That if any Officer or Con-

OITY CHARTER AND OTHER ACTS.

stable, to be appointed as aforesaid, shall be guilty of any
neglect of duty, or of any disobedience of any lawful Order,
every such offender, being convicted thereof, before the
Recorder's Court to be established under this Act, shall,
for every such offence, be liable to be imprisoned for any
time not exceeding thiity days, and to be fined in any sum
not exceeding Fifty Shillings, or to be dismissed from his
office, or to any two, or to all of the said punishments, as the
said Recorder's Court shall in their discretion think meet.

90. And be it enacted. That if any person shall assault
or resist any Officer or Constable appointed under this Act,
in the execution of his duty, or shall aid or incite any person
so to assault or resist, every such offender, being convicted
thereof before the Recorder of the said City of Montreal, or
iu his absence before the Mayor of the said city, or any
Alderman or Councillor thereof appointed to act in his place,
shall for every such offence forfeit and pay such sum, not
exceeding Five Pounds, and be liable to such imprisonment,
not exceeding thirty days, as the said Recorder, or in his
absence, the said Mayor, Alderman or Councillor may
adjudge : Provided always, that nothing herein contained
shall prevent any prosecution by way of indictment against
any person so offending, but so as that such person shall not
be prosecuted by indictment, and also proceeded against
under this, Act for the same offence.

91. And be it enacted. That every law, and every part
of any law, repealed by the said Ordinance, to incorporate
the City and Town of Montreal, or by the said Ordinance to
amend the last mentioned Ordinance, shall continue and
remain repealed ; and all the provisions of any law inconsis-
tent with the provisions of this Act, are hereby repealed.

92. Provided always, and be it enacted. That nothing
in this Act shall extend or be construed to extend to revoke,
alter, or abridge or in any manner affect the powers and
authority now by law vested, or which may hereafter be vested
in the Master, Deputy-Master, and Wardens of the Trinity
House of Montreal, or in the Commissioners appointed or to
be appointed for the execution of any Act now in force or

stable punisli-
ablo for nogloct
of duty.

Fcrson assault-
ing nn Officer oi-
Constablc, liow
puiiishod.

Certain laws to
continue repeal-
ed, anil certain
laws repealed.

rowers of the
Trinity House,
of the Harbour
CominisHiouers,
or the Lachinc
Canal Conimis-
Hioners, not to
bo atrcctc<l by
this Act.

CITY CHARTER AND OTHER ACTS.

hereafter to be in force, relating to the improvement and
enlargement of the Harbour of Montreal, or any of them, or
in the Commissioners 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 Avharves 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

How this Act is
to be under-
stood with re-
gard to powers
. conl'errod on
' Police Inspec-
tor, Ac, by pre-
vious enact-
ments.

Reservation of
Her Majesty's
riglits.

Certain words
interpreted.

in this Act contained, shall be construed 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 Majesty,
Her Heirs and Successors, except in so far only as the same
may be expressly derogated from or affected 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 this Province
for the time being ; and the word " Councillor" and the word
Councillors," wherever they occur in this Act, shall be

CITY CHARTER AND OTHER ACTS.

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, Aldermen and Citizens of the City of Mon-
treal," unless the context necessarily requires a diflFerent
meaning to be given to those words ; and that the words
" Lower Canada," wherever they 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 provided, or there be something in the subject or
context repugnant to such construction.

96. And be it enacted. That this Act shall be held and pubiioAot.
taken to be a Public Act, and as such shall be judicially taken
notice of by all Judges, Justices, and other persons whom-
soever, without being specially pieaded.

CITY CHARTER AND OTHER ACTS.

(16 Victoria, Cap. 26.)

An Act to authorize the City of Montreal to
raise a Loan to consolidate their debt.

(^Sanctioned 10th November, 1852.)

rroamwe. X¥ /"HEREAS by the Act passed in the Session held in the '
▼ ▼ fourteenth and fifteenth years of Her Majesty's

14 and 15 V., o. Reign, and intituled. An Act to amend and eon»oUdate 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 potvers
in the Corporation of the said City of Montreal, it is among
other things in eflTect enacted, That it shall be lawful for the
Council of the said City of Montreal to borrow, 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
Q-eneral 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

7V.,o.4t 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.

contracted for the purpose of purchasing or improving the
said Water Works, are hereinafter called " The Water
Works Debt " of the said city ; and whereas the said
"General Debt" and the said " Water Works Debt " are
both secured upon the general 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
borrow 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 thercfovo
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 Govern-
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^money
which may remain unborrowed at the time of the passing of pn'seutrtebtl"
this Act, it shall also be lawful for the 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 part 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
Bebf), which shall be overdue or which they shall deem it
advantageous to the city to pay off; Provided, that the total proviso: Total
amount of the debt or debts of the said city shall never um?tod. "
exceed the total amount of the General Debt and the Water
Works Debt now authorized, except for such short intervals
of time aa must necessarily occur between the borrowing of

CITY CHARTER AND OTHER ACTS.

any sum for the purpose of paying oflF any sum due by the
Corporation, and the actual paying off 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, with
the intent and for the sole purpose of its being used for pay-
ing off any such sum as aforesaid owing by the Corporation.
How and where 2. And bo it enacted. That any sum which the said Cor-
may be'bo^ poratiou is empowered to borrow under this Act, may be bor-
rowe I either in this Province or elsewhere, and the principal
and interest thereof may be made payable, either in this
Province or elsewhere, and either in the currency of Caimua
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.
Terminable an- 3. And be it cnactcd. That it shall also be lawful for the
uranted for 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 cither

in the Currency of this Province, or in that of the Country
in which the same shall be payable, and the amount of any
such Annuity, and the term during which it shall bo payable
may l)o such as shall be agreed upon by the Corporation of
the said city, and the other party interested, any law to the
Form of bonds, Contrary notwithstanding ; and any such Annuity may be
made payable to the Bearer of the Bond or of the jn-opcr
Coupons, and either by yearly or half yearly payments, and
generally the provisions of former Acts as to such Deben-
tures as aforesaid shall bo applicable, so far as the case will
admit, to Bonds for Temiinuble Annuities to bo issued under
this Aoi ; Provided always, that in calculating the amount
of tl< •)oht 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 rcpreaenting

rrovldo.

CITY CHARTER AND OTHER ACTS.

77-

Money »o bor-
rowed to form
Consolidated
Debt.

OutxtandiiiK <!<'•
bcnturcN over
duo may bo
called ill.

an amount of Debt equal to the sum which the Corporation
obtained for it ; And provided also, that the term for which Proviso,
any such Annuity shall be granted shall not exceed twenty
years.

4. And be it enacted, That any Debenture or Bond issued
by the said Corporation after the passing of this Act, sliall
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
Corporation to call in all Debentures or Bonds issued before
the passing of this Act, the jirincipal sum secured by which
may be over due ; and such calling in shall bo by advertise-
ment inserted three times at intervals of two Aveeks 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
published in the French language, and after the day named
in such advertisement, (which sliall not be before the time at
which the laat 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 i)ayuient on or before the day named as aforesaid.

6. And be it enacted. That it shall be the duty <>f the
Trcadurer of the City of Montreal, before the (^laiterly
Meeting of the Council of the said city, in the mouth of Sep-
tember, in the year o e thousand eight hundred and fifty-
three, and in each year thereafter, to take from and out of
the anniuil revenues and funds of the Corporation of the said
City of Montreal, (from whatsoever source 'rising), and before
the payment of any ap[)r(>printion whatsoever of the said
revenues or funds, a sum of money ecjual to two jier cent, on
the then outstanding Consolidated Debt of the city secured
otherwise than by Bonds for Terminable Aimuities, which said
sum of money the said City Treasurer shall keep apart from

Duly of 'rrcu-
Hiitcr to providi'
a Hiiil(iiif( fund
for debt not
t'ccincd l)y

Ullllllitl('l<.

CITY CHARTER AND OTHER ACTS.

all other moneys, to bo 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-
AiMi to provide itios : it shall also be the duty of the said Treasurer at the

lor payment of . in ^ r> \

aunuitios. same time to take from and out of 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 duo 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 see that the provisions of this
section bo strictly carried out in each year, by the person
whoso duty it is to carry out the same, and withhi 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 bo
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 being at the command of the Treasurer wjien rc(iuired
TroB!.iirei- to lav to pay such Annuities : And it shall bo the duty of the City
iiiiviiift i*<>m- Treasurer to place before the Council, at its First Meeting

plied with thin . i « oi , i • i l'i* l • i

Hoctii.n btforo m tho uiouth of September ni each year, a certificate 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 jiresent section of this Act, and 'm
default of his so doing tho said City Treasurer slinll, ipso
facto, become and be liable to i)ay to the said Corporation a
fine of Five Hundred Pounds currency, Avhich said fine the
said Council sha'l exact from the said Treasurer within the
shortest pos.sibie delay, and the same shall fortn part of the
Sinking Fund aforesaid, or shall be ajiplied to p»iy off the said
Annuities, if not re(|uircd tor the said Sinking Fund ; aikd
for the purpoye of furnishing additional and more ample secu-

CITY CHARTER AND OTHER ACTS.

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 showing 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 sinkinfr ruiui
or out oi the supplying of water to the said city, or from the works ucbt.
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 i)rcce(ling Act, for the
l»\ircha80 or improvement of the said Water Works (and so
forming part of the \\rator Works Debt of the said city), bo
formed into a fund separate and apart from all other funds of
the said Cori)oration, 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 Debt the said Revenues
sliiill make part of tlie (Icneral Funds of the Corporation, and
may be applied accordingly.

8. And be it enacted, That if hereafter at any time it shall Dm/ or xicn-
happen that the moneys in the hands of the Treasurer of the umJu' hImiii""^
said city, and applicable to *' o payment of the interest or of il'i' iii'"ViiiidH"ti»
the principal of the said ( -onsolidated Debt of the said city, uiiDuifUHiiuc
or any Terminable Annuity forming jiart 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 upoi. the
assessed atnuuil value of the property liable to assessment in
the said city, will, in his opinioa, (after making fair allow-
ances for expenses, losses and deficiencies in the col'ection of
such Rate) bo retjuired to j)roduce a sum sufficient, with the *
moneys in his hands applicable to the purjwse, to pay the siun
due for such principal, interest and Annuity, and to ecrtify
such Rate under his hand to the Clerk of the said eity, for
the information of the Council, in the following form, or to the
like oflfuct :

CITY CHARTER AND OTHEE ACTS.

" SiR,^I hereby certify, for the information of the Council
of the City of Montreal, that a Rate of in the

pound, on the assessed yearly value of the property liable to
assessment in the said city is in my opinion (after making a
fair allowance for losses and deficiencies in the collection of
such Rate required to produce a net amount equal to that
now due for interest, (principal, if any he dm) and Annuities
forming part of the Consolidated Debt of this city."

And such certificate shall have the like eflfect as a By-law
of the 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 Rates to be imposed in any one year, or as to
the time of the year at which Rates may be imposed, levied
or collected ; a. id the proceeds of such Rate shall be applied
first to the payment of the principal, interest and Annuities,
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, ov if there be no
part of the said Debt for which a Sinking Fund is re(i[uired
under this Act, then such surplus shall be applied to the
general purposes of the Corporation.

0. And be it enacted. That if hereafter at any time, any
Sheriff shall receive a Writ of Execution, commanding him to
levy any sum of money due by the said Corporatio!! for the
principal or interest of any Debenture or Corporation Bond
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 be levied by Rate ; and if such
order be made, the Sheriff" shall cause a c()))y of such Writ to
be served up(m the Treasurer of the said city : and if the
money thcrciu mentioned, with all the lawful interest and

CITY CHARTER AND OTHER ACTS.

costs which the Sheriff is commanded to levy, be not paid
within one month from the time of such service, the Sheriff
shall himself calculate, as nearly as may be, what Bate 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, hi the manner and
form mutatis mutandis, prescribed for the certificate of the
Treasurer in the eighth section of this Act, and shall attach
tbftreto his precept commanding the said Corporation and all
officers whom it may concern, forthwith to cause the said
Rate to be 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
precept 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 ; and
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 bo levied and
collected ; and it shall hr, 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 ho may
recjuire for the purposes thereof ; ftn<\ all auch Officers of the
Corporation shall, for all the purpt •tos of this section, bo
doomed Officers of the Court out of which the Writ issued,

CITY CHAttTEU AND OTHER ACTS.

l'rovl»o.

Sccuritios for
prcvunting debt

and amenable to and punishable by such Court accordingly,
in case of any failure to perform any of the duties hereby
assigned to them respectively ; and the proceeds of the said
Rate shall, by the Treasurer, be paid over to the said Sheriff,
and by him applied to the satisfaction of the debt, interest
and costs he 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 be no part of the said Debt for which a Sinking Fund
is required under this Act, then such surplus shall bo applied
to the general purposes of the said Corporation.

10. Provided always, and be it declared and enacted. That
nothing herein contained shall be construed to impair or aifect
iiot to iioTin- any special privilege or hypotheque, 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 of 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 Cr> "no-
* ration Bond, shall be deemed an infringement of the privi-

leges of the said Corporation, or of any citizen or member
thereof.

CITY CHARTER AND OTHER ACTS.

(16 Victoria, Cap. 27.)

An Act to amend the Law relating to the
Recorder's Court of the City of Montreal.

(Sanctioned lOth November, 1852.)

WHEREAS it is desirable to amend the Act of the Par- I'lcnmbio.
liament of this Province hereinafter mentioned in so
far as relates to the Recorder's Court of the City of Mon-
treal : Be it therefore enacted by the Queen's Most Excel-
lent Majesty, by and with the advif" 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
nf the United Kingdom of Great Britain and Ireland, and
intituled, >»-4/? 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 so much incoiiHiHtonfcn-
of the Act of the Parliament of this Province, passed in the niuiif.v.c. J2s,
Session thereof held in the fourteenth and fifteenth years of
Her Majesty's Reign, intituled, An Act to amend and coriHO-
Vidate the provisions of the Ordinance to incorporate the City
(Old Town of Montreal, and of a crrtain Ordinance and
rcrtain Acts amendintj the same, and to vest certain other
/lowers in the Corporation of the saiil Cifi/ of Montreal, as is
inconsistent with the provisions of this Act, be and the same
is hereby repealed.

2. And bo it enacted, That it shall be competent for the conH moy be
Recorder for the said City of Montreal to hold tlic Recorder's wi'ihmH m'"^
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 Coiiiicillors of the said city.

y. And be it enacted, That it shall not be necessary that procc-w ncod i»c
any Precept, Writ or Process to be issued out of tlu^ said naJutyTu'rw*''
U'jcorder's Court be signed by the Recorder of the said City

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 as Clerk of Clerk of the said City of Montreal, from time to time, by an

Kooordor'8 '' ' ' *

(!ourt. instrument under his hand and seal to be acknowledged by

him before and duly deposited and filed in the office of the
1 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.
Uocorder's ^> ^^^ ^^ i^ enacted, That it shall be lawful for the said

cnsorofiwsaufi^ Recorder's Court to hear, try and determine any case of
w?thin°ihe*city. 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 pei'son 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.

(16 Victoria, Cap. 128.)

An Act to amend the provisions of the several
Acts for the Incorporation of the City of
Montreal.

(Sanctioned 23rd Mai/, 1853.)

WHEREAS the Corporation of the City of Montreal
have by their petition prayed that divers 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
Loiver Canada, and for the Government 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 thei^
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 office of Mayor of the
said city; and such Member so elected shall, during such

CITY OIIARTBH AND OTHER ACTS.

absonco or sickness, or vacancy, have and exorcise, until tlie
ensuing Quarterly Meeting, all the power, authoiity 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 Iler Majesty's Reign, intituled. An Act
to amend and consolidate the proviaiona of the Ordinance to
incorporate the Oitij of Montreal^ and of a certain Ordinance
and certain Acts amendin</ the same, and to vest certain othr
powers in the Corporation of the said City of Montreal,, it is
provided that a privilege shall ho 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 ujwn the real property
aftccted 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 slmll have no priority or preference over all or
any mortgage or })rivileged 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 j)ayment of such as-
sessment actually due thereon, be distributed among such
mortgage or privileged claimants according to their respective
legal rights, and the b&lance, if any, to the said Corporation
pn account of or for the said debt, and no assessments for
which the said Corporation shall liave 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 \xpon 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 bo to all intents and purixtses 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

CITY OIIARTER AND OTHER ACTS.

said Corporation could have done if such collocation had not
taken place.

4. And bo it enacted, That when the said Corporation
deposit any price or compensation in the hands of the Pro-
thonotary of the Superior 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 proscribe 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 bo 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 Mayor^ Aldermen
and Citizens of Montreal to purchase, acquire and hold the
projicrty now known as the Montreal Water Works ^ or of any
Act amending the same.

0. 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.

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33 WIST MAIN STMIT

WltSTH.N.Y. MSM

( 71* ) 179-4309

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CITT CHARTER AND OTHER ACTS.

I'reamble.

18 v., c. 162.

Act 18 v., 0.182,
rc|M?t)od.

8eet. 2 of 14, 16
Victoria. 0. ia»,
•mendea.

' (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 CHARTEK AND OTHER ACTS.

3. The eleventh and twentj-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 be
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 an4 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 indivia, 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.

Sects. 11 and 24
of 14, 16 v., c.
128, repealed.

By whom the
CounciUori*
shall be chosen.

Qualification as
voters.

Owners.

Proviso.

Qualification a»
voters.

Tenants or
occupants.

OITT CHARTER AND OTHER ACTS.

Qiwlification as
Toters.

Tonanta of
warohoaws,
oountlng
houwa, fto.

and having a separate outer door bjr which a communication
mth the street may be afforded, shall be considered a dwelling-
house within the meaning of this enactment ;

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, as a co-partner with any other person or persons,
shall have been entered on the said last Assessment Boll 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 sud
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, pr 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, Bule, Begulation 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
they thftii rote, ngg^gged, 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

Provito.

Previous pay-
ment of taxes,

In what Ward

CITY CHARTER AND OTHER ACTS.

at least one month before the election, in which Ward he
wishes to vote, and in default of so doing, the Board of
Revisers shall determine in what Ward he shall vote at such
election ; and no person shall be permitted to ^ve more than no -person to

. . 1 I* vote more tban

one vote at any election. once.

6. And whereas doubts have arisen as to the true intent Doubts as to
and meaning of that enactment of the fifteenth section of the Seoos of i4, is
Act last cited, whereby power is given to the Board of mo?ed.
Revisers 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 of the said Act ; Provided, proviso : Act
however, that nothing herein contained shall prevent the said the exercise of
Board from erasing from any of the said lists the name of of'tho SoZa of

Itovisors

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 em)neou8ly 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 reinoving from the said lists, any
second or intermediate name or names that may have been
erroneously omitted 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- Reoitai.
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

CITT CHARTER AND OTHER ACTS.

How, when,
and where the
elections of
Mayor and
Councillors
Hhallbohadand
conducted.

Nomination of
candidates.

that the candidates for any of the said offices shall he publicly
known, and that none other but those named shall be or may
be elected : Be it therefore enacted, that hereafter the twelfth
day of February in each year, or if that be a holiday, then the
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 the
several Wards thereof; and such Alderman or City Councillor
as shall, at the last previous meeting of the City Council, have
been named and appointed for that purpose, shall preside at
each of the nominations of candidates for the 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 the electors
may have 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 thoro b4> no
contest.

CITT CHARTER AND OTHER ACTS.

blicly
: may

en the

ime is

br the

or the

incillor

I, have

side at

Mayor

in the

rsMar-

Beveral

electors

he fore-

)pointed

tie place

hen and

lerson or

juncillor

(qualified

dress to

ition for
person

I, for the
id in the
qmsition
litions so
Alder-
person
ling term
|ny Ward
md pub-
ig at the
demand
them be
in which

the said requisitionists are electors as aforesaid ; and if there
be only one demand or requisition made for the election of a
Councillor or Councillors in any Ward of the said city, or if
all the requisitions 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
requisition 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 vrithout 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 what case a
the event of demands or requisitions being made by two or more granted!' ^
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 provigo.
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 Prococdingg
vacancy shall occur in the office of Member of the Council of occurs* nT'o"*''^
the said city, the Mayor of the said city, or in the event of luhecoun^'
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, within which the election for the candidates

CITT CHARTER AND OTHBR ACTS.

to be named maj subsequently take place, if necessary ; and
in the event of there being only one demand or requisition,
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 be proclaimed duly elected, in the form
and manner already provided for; but in the event of their
being two or more persons nominated for any such vacancy,
a poll shall be granted, and the election shall be proceeded
with in the manner provided for, in and by the said Act
fourteenth and fifteenth Victoria, chapter one hundred and
twenty-eight.

9. For and notwithstanding any thing to the contrary con-
tained in the said Act fourteenth and fifteenth Victoria, chap-
ter one hundred and twenty-eight, the salary of the Recorder
of the said city shall not be less than two thousand dollars
per annum, payable monthly out of the funds of the said city,
and so much of the! said Act as provides that the Recorder
of the said city shall be assisted in holding the Recorder's
Court by one or more of the Aldermen or Councillors of the
said city, or that in the absence of the Recorder from sick-
ness or other causes, the Mayor or one of the Aldermen or
Councillors of the said city shall preside in the said Court,
shall be, and the same is hereby repealed ; and it shall be

Salary of R«-
cordor Hxed.

Itccorder may

pSty.lind how. lawful for the 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 oflBce of the Clerk of the said Recorder's
Court, to nominate and appoint some fit and proper person,
being an advocate of not less than five years' standing at the
Bar of Lower Canada, to be and act as his Deputy in the
event of his illness or necessary absence from the 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

OITT CHARTER AND OTHER ACTS.

Proviio.

and every the jurisdiction, rights, powers, privileges and
authority, and be bound to discharge all the duties of the
Recorder for the said city, to the exclusion, for the time
being, of the person so nominating and appointing him as
aforesaid : Provided, nevertheless, that the said Recorder's
Court shall not at any time be deemed to have been illegally
held, nor shall the acts of any Deputy Recorder of the said
city be deemed invalid, by reason of the absence of the Re-
corder not being deemed to be necessary within the meaning
of this Act.

10. 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 :

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 gaming in the said city, and all play-
ing of cards, dice, or other games of chance, with or without
betting, in any hotel, restaurant, tavem, 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 in 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 Council
may malce By-
laws for certain
parposes —

For preserva-
tion of the
peace and good
order, the anp-
presBion of gam-
ing and Tice,
&o., and as
regards-

Riots.

Grog-shops.

Gaming.

Prostitution.

Shows.

Cocki-flghting,
fco.
Racing, Ac.

OITT CHARTER ASD OTHER ACTS.

Flying kites,

punish horse-racing and immoderate driving or riding in the
streets or highways thereof; — to prohibit and puniah 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
punish them for not so doing ; — to prevent the encumbering
of the streets, sidewalks, squares, lanes, alleys or high-

Removing

snow, ke.

Kncumbering
gtrcots.

reddling fruit,

Nuisances.

Doad bodies,
&c.

Steam engines,
Roap factories,

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 oflScer, and to recover the expense thereof from
the party or parties refusing or neglecting to remove or de-
stroy 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

CITY CHARTER AND OTHER ACTS.

and

loap and
loil-cloth
Id other

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 heal.th
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 Gouncil may
deem necessaiy ;

3. To restrain and regulate the keeping and running at cauie.&crun-
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 authorize the destruc-
tion of all dogs running at large contrary to any By-law of
the said city ;

4. To authorize the seizure and confiscation of grain, flour, conflscaHon of

butter, potatoes and all other vegetables, articles and effects, for sate for '*
brought to the markets of the said city, for sale or otherwise, weigift"'!^c.
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 employ ; — 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 ;

6. To authorize the granting of licenses to carters, and carters'
owners and drivers of pubUc vehicles for hire, in and for the
said city, and likewise for the better government of the
owners and drivers thereof, and to establish rules and regu-

OITT OUARTER AND OTHER ACTS.

lations in reference to carts, cabs, caleches, carriages, or
other public vehicles for hire, in and for the sud city, as well
as to fix a tariff of rates and charges for the same ; 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-
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

Cleaning ud
repairing of the
■tfecto, «o.

Water Works.

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
cityj and the same, when So entered of record, shall be public
highways or grounds ; and the record thereof shall, in all
eases, 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 ;

OITT CHARTER AND OTHER ACTS.

8. And whereas great inconvenience and loss has been ex-
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 woods, 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
fines and rates to be paid at Pounds, now or hereafter to be
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-
rity to pass By-laws for the better observance of the Lord's
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

Torefnilate tlio
lale of fliel, Ae.

Council may Mx
the fines to be
paid at poundfl.

May prohibit
sales on the
Lord's Day.

Fines to enforce
By-laws.

100

CITY CHARTER AND OTHER ACTS.

Suits asainst
ui>ii-roNd«nt«.

( 'timplction of

AHooHsmont

Itolla.

Notice of Much
complotion.

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-residentH
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 office 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 office 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 bo 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 real estate that may bo brought beforo
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 complatats ;

a. Whenever any person, or. 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

lloarinK com-
plaiiiU.

I'roviaion when
any onn nooks a
reduction of lilt
amcMinont.

CITY CHARTER AND OTHER ACTS.

101

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 bo
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 Appoai to no-
Assessors of their assessment on their real estate, and apply- ftgaiiiKt the
ing for a reduction of the same, who may think themselves AgseMorH.
aggrieved by the decision of the said Assessors on their said
application, may, at any time within fifteen days' delay, com-
plain thei'eof 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,
Avho shall, from time to time, give due and sufficient 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 Apponi trom
Recorder's Court with respect to any such complaint, may cor<U'r'"roHrt'.
appeal therefrom, by summary petition, to any one of the
Judges of the Superior Court for Lower Canada, sitting at
Montreal, presented cither in term or vacation, within a delay
of eight days from and after the rendering Huch 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 |{„i|^ j^ in> .i.-
completed the Roll of any Ward or Wards, they shall deliver iS^or! '"*
the same, duly certified, to the Treasurer of the said City.

102

CITY CHARTER AND OTHER ACTS.

I)i80ouiit on
assogsmentg in
certain cases.

Council aiitlio-
rizod to olR>ct
a further loan
for certain
purpoHCJi.

ItoniN may bo
iMKueil.

Certain provl-
nions to apply.

Now debt to
Ibrm part of the

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-
whore ; and the said Council may grant and issue bonds for
the same, bearing interest not exceeding six per centum per
annum, and having coupons annexed to them for tiie 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

CITT CHARTER AND OTHER ACTS.

103

Jy-law

lay be

lading

cr the

9 said

r; and

iterest,

aasesB-

delay,

as the

By-law.
to pay

lich are

r, estab-

ix; and

Eirry out

J to per-

shall be

: money,

ng, over
Council

powered

tunt the
ich sum
or else-
fonds for
itum per
interest
lyor and
bearer ;
;hi8 Pro-
inada or
le ; and,
Ice as to
Ise to be
may be

Inder the

authority of the preceding section of this Act, shall be added (^onHoHdatPd
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 be 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-
])03e, 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 (^ongtitution or
eligible to be re-elected, and so likewise are the members of ""Sm."' ""*
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
Uovisors, 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 sucii
five members of the Council, to be taken exclusively from
among the Aldermen and Councillors thereof, whoso 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 Membcn of
from voting at any election of Mayor or Councillor in the said ma/not^'oU).
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 CHARTER AND OTHER ACTS.

How notices
sliull be givcu.

piiblUlied.

of the said city, shall hereafter be qualified 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 ;
iiowg|gnedand And such 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. James, and St. Mary's Wards of
the said city, it shall be lawful for the said Corporation to
eifect 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 ton thousand pounds sterling, aforesaid, pay-
able twenty-five years after the date of the issue thereof
respectively, and beai'ing 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 doomed
expedient ; and they may have coupom annexed to tiiem, for
the half-yearly interest payable on them ; which coupons, being

Loan for erec-
tion of Market-
liouseg, &c.

Itondg.

€ITY CHARTER AND OTHER AOTS.

105

b any

to be
lating
lotices
jh are
>rk8 of
ic said
ber be
t least
nd one
deity;
ided to
p otber
be pub-
deemed
y Cora-
)licatioH

Wishing
. Ann's,

ards of
[ation to

money
jin," and
tl of the

,, to the

signed by 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 aud established by means thereof.

23. The amount which the said Corporation is empowered where aud how
to borrow by the preceding section, may be borrowed either boeiiboted. ^
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- Markot-uouM-B
lished by means of the special loan authorized to be made for na 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 sum or
sums which may be borrowed by the said Corporation, for the
construction and establishment 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. - »

106

CITY CHAft'r&R AND OTHER ACTS.

< 'ounoil may
rpgulate the
laying of rail-
way§ and tlio
paxsine of
traing through
the 8treot8.

Hy-law8 to bo
public laws
within the city.

l<icon«'8 to
carters and
chimney
Kwecpg.

Jurisdiction of
Kccorder'g
•Court ex-
tended.

Fnrmsinoap.
108 of Con.
Stat. Canada
to apply.

25. The said Council shall have power, whenever, in its
opinion, public convenience requires it, to sanction and permit
the track of any railroad to be 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 within 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-

CITT CHARTER AND OTHER ACTS.

lOT

in its
ermit
jet or
^nes,
f por-
Q and
; such
)0wer8
tt four
>wning
viola-
Id and
1 city;
fudges,
ng spe-

ithority
>r8 and
[he said
ity; to
granted
jonduct,
ch per-
pation,

nizances, proceedings, orders, convictions, commitments, and
all other orders, writs, warrants and proceedings generally,
established in and by the Act forming chapter one hundred
and three of the Consolidated Statutes of Canada, intituled :
An Act respecting the duties of Justices of the PeacCj out of
Sessions^ 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, And other
m regard to otfences and the mode of prosecuting and punish- Iho 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, suite against
house, or premises, or other real property in the said city, of property tor
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 oi
ding at any meeting of the Council, shall have power to j^jRHof ti"**
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 CHARTER AND OTHER ACTS.

rrovlao: As to
cxoroiao of
powers of pcr^
son presiding.

Sootion 86 of
14, 16 v., 0. 128,
repealed.

liOoso and dis-
orderly persons
may be appre-
liondcd on view.

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 be 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 eifect shall always be held to be in order,
and shall be put and deSded upon without debate.

31. The eighty-sixth section of the said Act, fourteenth
and fifteenth Victoria, chapter one hundred and twenty-eight,
shall be and is hereby repealed.

32. It shall be lawful for any police officer or constable of
the said city during the time of his being on duty, to appre-
hend on view, all loose, idle and disorderly persons ; that is,
all persons whom he shall find disturbing the public peace, or
whom he shall have just cause to suspect of any evil designs,
or whom he shall find lying, loitering or wandering, either by
night or by day, in any field, highway, yard or other place,
and all prostitutes or persons wandering by night or by day,
or found lying down, loitering, lodging or sleeping in any bam,
shed, out-house or other building, unoccupied ; or in the open
air, or under a tent, cart, waggon or other vehicle, not giving
a satisfactory account of themselves, and all persons causing
a disturbance in the streets or highways, by shouting or other-
wise, and to deliver any person so apprehended into the
custody of the officer or constable appointed under the said
Act, who shall be in attendance at the nearest Police Station
or Watch-house, in order that such person may be so secured
until he or she can be brought before the Recorder's Court
of the said city, to be dealt with according to law, or the
provisions of this enactment, or to give bail to such officer or
constable for his appearance before the said Recorder's Court,
the said Recorder or his deputy, if such officer ohall think fit
to take bail in the manner prescribed by the said Act ; And
it shall further be lawful for the said Recorder'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 the oath of one or more credible

How such por>
Hons shall be
dealt with.

Towers of Re-
corder's Court
nt) to such per-
sons.

OITT CHARTER AND OTHER ACTS.

109

witnesses, to adjudge that such person shall pay a fine not
exceeding twenty dollars, either immediately, or within such
period as may be thought fit, and be imprisoned in the Com-
mon Gaol or House of Correction, at hard labour, for any time
not exceeding two calendar months, or to adjudge that such
person shall pay a fine of twenty dollars, either immediately
or withui such period us may be thought fit, and that in de-
fault of such payment, either immediately or within the time
appointed as aforesaid, such person shall be imprisoned in the
said Common Gaol or Hou»e of Correction, at hard labour, for
any time not exceeding two calendar months ; the imprison-
ment, however, to cease upon payment of the fine imposed.

83. The ninetieth section of the said last cited Act, four- soot.nonf h,
tcenth and fifteenth VictorJa, chapter one hundred and amomipd.
twenty-eight, shall be and the same is hereby amended with
respect to that part thereof imposing fine and imprisonment ;
and it is hereby enacted that the said Recorder's Court shall rowon m- it<>-
have power and authority either to fine and imprison any person
convicted before it of having assaulted or resisted any officer
or constable appointed under the said Act, in the execution
of his duty, or of aiding and inciting any person so convicted,
to assault or resist, as declared by the said section, or to ad-
judge that the person or persons so convicted as aforesaid,
shall, for every such offence, forfeit and pay such sum not
exceeding twenty dollars, either immediately or within such
time as may be thought fit, and in default of such payment
either immediately or within the delay mentioned, such peraon
or persons shall be imprisoned in the Common Gaol, or House
of Correction, at hard labour, for a period not exceeding thirty
days.

cordcr'H Court.

84. The said Council shall have full power and authority rroMcution lur
in all cases of offences tor the commission whereof fine and uiuior it) -lawM.
imprisonment are imposed by 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.

85. And whereas it is enacted, in and by the seventy- iicoiui.

110

CITY CHARTER AND OTHER ACTS.

14, 16 v., 0. 128, fourth section of the said Act hereinbefore recited (fourteenth
and fifteenth Victoria, chapter 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, squara, 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 assegsocl r r ' '

jn respect of that in all cases where land or property may have been taken

local improve- _ ; .

ments. an(j 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-

CITY CHARTER AND OTHER ACTS.

Ill

ner in which the said Council may havo 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 bo 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 bo
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 rrovino.
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 pai^t 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 bo FroviDo.
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 ciwo nro-
estate, subject to any lease or other agreement, shall bo taken to aiVieiwct
by the said Council, under the said section of the said Act, tho'counoii.
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.

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.
MomiiitK of coi^ 37. And whereas doubts have arisen as to the meaning of
Moot. 74 »tu, 16 the words " Section of the City,'' contained in the said se-

V. c IM .

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 bo applied for, by any such petition
as aforesaid.
ciiriKtian riki 38 . In the lists and certificates of voters in the several Wards

Hiirimim>8 to bo .i . <. w i ;<-, .., « , .i .

wt forth in tho of the Said city, for Mayor and Councillors of the said city,

lint ut vut«>r«. 1 11 /v 1 11

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.
17th Hoot. of 39. And whereas it is necessary to amend the seventeenth

ainciidoii. ' ' scctiou 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
city Clerk may for a Couucillor or CouuciUors for such Wards, it is enacted

rcHiuire an oath . ■, r-,. ^, , • «. i •

Ota voter. 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 :

Form of oath. " You swcar (oT Solemnly affirm) that you are the person

((

CITY CIlAllTKR AND OTHER ACTS.

118

ruiiiHiimoiit of
brllN'ry nt city
oloolioni.

*' named and described in the cortiflcato claimed by and now
" shown to yon, {readimj to the said part}/^ at the same
" time^ the name^ occupation, and name, of the utreet, get
"forth in full, in the said certificate,) and that you aro
** entitled to vote at the election to bo held for Mayor of the
♦' City of Montreal, and for a Councillor {or Councillorn, an
" the case may he) for the {naming the ward) 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 mohey 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 employed by him, shall by any gift
or reward, or by any promise, agreement or security, for any
gift or reward, corrupt i»r 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 bo 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
last 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 who 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

8oct.l(tofl4, 15
v., 0.128, re-
pealed.

Upon coinplo-
f ion of votcri«'
liHtH, they shall
buoxnoBod in
tlio <lty Hall
and filed with
the Clerk.

ItiKht* of per-
HonH on Bucli

liKtH.

114

CITY CHAUTKU AND OTHHIR ACTS.

for a CouiiCillor or Councillors, as the case may bo, in the Ward
stated in his cortifiuato, witliout any further incpiiry as to his
iToviHo: Cor. qualification ; Provided that it shall be lawful for the said
bo roquircd 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 Uecordor
or City Clerk, to administer either or both of the said oaths,
ti|)on 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 bo prohibited from voting so long as
he shall persist in his refusal, and until he shall have taken
the said oath or oaths.

IVraong rcftiH-

iiffti
ot V

not vote.

Oath Number One.

Formofoatii. " You swoar (or if he he one of the persona permitted hf
" law to affirm in civil eaHea, you affirm) that you are the
" person named and described in the certificate now shown
" to you (reading to the said partji, 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 Cod."

Oath Number Two.

Form of oath. <' You swcar 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.

iir>

" belief, rccoivod any thing for you or on your accotuit 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 (Jod."

43. Any person who shall swear or affirm falsely, upon Fnino nwoarjnj?
the said prescribed oaths, numbered one and two, contained " " •'" ■""'^'
in the preceding section, or either of them, being administered

to him, shall bo guilty of wilful and corrupt perjury, and
shall be liable to all the pains and penalties of the said
offence.

44. Hereafter no Auditor, elected or appointed under oatiitoitfiakin
the said last cited Act, shall be required to take an oath that '^ "' '"'"

he is holder of real or iwrsonol estate, as one of the cpialifica-
tions for holding such office ; but the following oath shall ))e
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 Fonn.
" for the City of Montreal, do sincerely and solemnly swear
" that yo»i 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 re(piired of such Atiditor.

45. 'i'ho nineteenth section of the Act last cited (fourteenth hoc». i!» ..»• u,
and fifteenth Victoria, chapter one hundred and twenty-eight) tti'imiiVicd. '
shall bo and the same is hereby amended, by substituting in

the said nineteenth section the words " sixteenth section,"
in |)lacc of " fifteenth section."

40. The thirty-third secticm of the Act last cited shall be scct.saofHni.i
and the same is hereby repealed.

47.

The forty-eighth and forty-ninth section of the said 4HthBn.Nnfii
last cittMl Act shall be and the same are hereby amended, in buk li.i.d. '"
so far as respects the manner of appointing a Chairman at any
meeting of the said Council, in the al>sence of the Mayor and
Acting Mayor of the said city, so that the said Council shall

116

CITY CHARTER AND OTHER ACTS.

r)fith MCtion ro-

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 sanieis 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 tariff 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 othere, 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, place of business, or
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 a\h
pointed for the payment of such tariff of rates, there shall bo
any broken period, then such tariff of rates shall be payable
pro rrta for such broken period, as if accruing day by day ;
Provided that the expense of introducing the said water into
the said hoitses, 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, shops, offices,
places of business, or other buildings, after being introduced

Wlion to \xi'
I'oiiio payable.

rrovUo ; Ah to
cimt of hitro-
iliicliig water.

CITY CHARTER AND OTHER ACTS.

117

into them, shall be borne by such proprietors or occupiers, if
required by them ; Provided that in every case where sucli rrovixo: AHto
proprietor shall refuse or neglect to make the expense re- lc"naut." ^
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 whore the said Council have Rocitai.
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 theTy.c.n.
Mat/or, Aldermen and Citizen% 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 i6V.,c.i27.
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 provisions of any Act relatiny thereto, doubts
have been raised as to the authority or power of the said
Council to grant mortgages (Jiypotheqws) for the price of
such property purchased, taken, or entered into, or any part
thereof, remaining unpaid by the said Council : It is enacted, woubtn hh to
that in all such cases the said Council shall have power and l;ouiicii*t()
authority to grant mortgages (^hypotheques^, on the property tiipcn rcmovj'ij.
so purchased or taken, to the person or persons from whom
such j)roj)erty 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
purcliase-monoy thereof, or any part thereof, remaining un-
paid and owing, in the like maimer as any individual pur-
chaser of the said property might or could have done, or may
or can hereaiter do. . •

118

CITY CHARTER AND OTHER ACTS.

Certain powora
conforrod on
Siiperintondcnt
of Police.

Certain suits
formerly
brought hy
Hovenuo fii-
upectors mav
be brouglit "by
Policemen, and
ill Itecordcr's
Court.

JndgmentB of
Kecorder'R
Court may be
n'ginteren
Huminarily.

51. All the powers conferred by th« sixty-eighth section
of the 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 the
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-
secoad 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 duos of tlrc like nature, but such pro-
ceedings and judgments shall bo enregistered summarily ;
and it shall not bo 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.

119

54. The forty-fifth section of the Act, fourteenth and fif- 8wt.45of u,
teenth Victoria, chapter one hundred and twenty-eight, is amoiiued. '
hereby amended so that 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 be 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 law.

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
unless and until the same be repealed or altered by virtue of
this Act.

57. This Act shall be deemed a Public Act. ruwicAct.

(ntaincd
;er one
chapter
ereafter
of the
assess-
ch pro-
marily ;
action
By-law
ufficient
f made.

[By the 9ii;xth section of the Act 24 Vic, Cap. 68, passed riipcifyny-
on the 18th May, 1861, it is enacted, That notwithstanding rPHtrictHm

.,., . . ,/-. n 1>"W*"*H of Hie

any thmg contamed m the Acts mcorporatmg the City of "mbour com

__•' f ,. , T. , n 1 ^ mlsHioncrg.

Montreal, or amendnig 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.

(7 Victoria, Cap. 44.)

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.

{Assented to 9th December, 1843.)

Proambio. TirHERE AS the Corporation of the Mayor, Aldermen and
IT 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 nego-
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,
and 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 payable semi-annually at the rate of six per cent,
per annum ; And Avhereas the said Corporation have not
funds at their disposal, or which they are now empowere'l
by law to raise, sufficient to effect the said purchase, unless
they suspend all the public works and improvements now
requisite in the said city; And whereas under the ; ;'wi-
eions of the Ordinance of the Governor and Special lyuancil
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

CITY CHARTER AND OTHER ACTS.

121

or sums of money exceeding the aggregate amount of the
revenue of the said city for five years, and that no sum or
sums of money shall be so borrowed, while the said city
shall be in debt to such aggregate amount, 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 Provinces of Upper
and Lower Canada and for the Qovernment 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,
Aldei'men 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 will be a question to bo 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 <(\ja-
centtwith TFafer, of all such buildings, houses, sheds, cn^j^incs.

ThoCorporation
of the City of
Moiitioiil, after
certuiii notice,
authorized to
ninl<e tlio pur-
chase of " the
Montrcul Wator
Works" fioni
the proprietors
thereof, incor-
porated by Act
41 Ueorgo III,
c. 10, witli all
the movable anrt
immovable pro-
nerty thereunto
belonging, and
all riehts, au-
thorities, and
privilegea now
enjoyed by tlio
said proprie-
tors, for the
sum of .£60,000
currency.

122

CITY CHARTER AND OTUBR ACTS.

water houses, reservoirs, resorvatorics, water wheels, fire
engines, machinery, working gears, cisterns, ponds, basins of
water, main pipes, rider pipes, stand pipes, service pipes,
conduct pipes, branches 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, sluices and other
works, devices or things ; and generally all movable or
immovable property connected with or belonging to the said
Montreal Water Works, situated, lying, or being within the
said City of Montreal or in the vicinity thereof, or requisite
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 ordereil 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 propei*ty 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 Avere herein more
specifically detailed, and all the powers, rights, title, interest,

Aftor giich pur-
cha8c, all the
powers, prlvile-

?:o8, rights, tl-
lo8, and inter-
est to tho mov-
able and im-
movablo pro-
perty connect-
ed witli tlio
Montreal Water
Works, and Tor
supplying tho
city witit water,
to be transferred
to and vested in
the said Corpo-
ration.

CITY ClIAUTEtt AND OTHER ACTS.

128

fire

privileges or claim, of the said " Proprietors of the Montreal
Works," to, in, or upon all or any part of the said movable
and immovable property, or for supplying the said ^ity or
the parts thereunto adjacent, with good and wholesome water,
and all powers and authority heretofore and now possessed,
enjoyed or claimed by them for that purpose, shall from
thenceforth be vested in and belong to the Corporation, first
above mentioned, and shall be managed by the Council of
the said city as other property of the said Corporation, sub-
ject always to the provisions of this Act.

3. And be it enacted. That it shall and may be lawful for tiio corpora-
the said Corporation of the Mayor, Aldermen and Citizens prove, aiLr, o'r
of the City of Montreal, after effecting the intended purchase wat«r workn,
as aforesaid, by any By-law to bo hereafter passed in the iiitfonar r«ai tw.
manner provided by the said Ordinance incorporating the <)i>J«'ot, or dia-

Til- #.1.1. 1 1 1 POBOofthatiiow

Inhabitants of the said city or by any Act that may here- "X *•'""» «"J">:-

•'•'•' •' od or poBiuwMxi.

after bo passed for the same purpose, and they are hereby
authorized and empowered to improve, alter or remove the
said Water Works, or any part or parts thereof, and to
change 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 Avithin 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 horeuibefore 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 pur|)08es
connected with the said Water Works, it shall and may be
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 deacription,
within the said City of Montreal or in the vicinity thereof,
not distant more than twelve miles from the hmits 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, go
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 Ly
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.
Corporate bo- 4. And be it enacted. That it shall and may be lawful for
other persons, all BodicSj Politic or Corporate or Colleg)i*^o Corporations,
sell any real aggregate or sole. Communities, Husbands, Tutors or Guar-
by tho Corpora- dians, Curatora, qrev^s de substitution, and all Executors,

tion under tliis . , . . , ^ "^ , ^, ,„ , , ,

Act, and indoni- AdmmistratorS and other Irustees or persons whatsoever,

iiiHoil for the ^ '

Hilled
same

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 tho 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 CUARTER AND OTHER ACTS.

125

Corporntloii
may take and
enter upon any
Innd, b<>in(; pri-
vnto priiperty
rei|uiruil for tlio
pni posos (if tlii!<
Act, ufter pny-
nit>nt or teiiilor
of the vuluo
tlit'icof.

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 w^hatsoever, 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 effijct, according to
the true intent and meaning thereof, in the same maimer^
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 the 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 effect ; any Act or law to the contrary notwith-
standing. '.--

(Jovcrnor in
(.'onncil may
Rrant or \ca>o
to tlic Corpora-
tion any lioacli
lotH, or Crown
landf, or rinM
of usinff water
of any stream.

126

CITY CHARTER AND OTHER ACTS.

Tlio Corpora-
tion authorized
to open streets
and erect worlcs
for conducting
tlio wator.

Corporation not
to maico use of
private proper-
ty witliout con-
sent of tlie own-

Grounds open-
ed for the lay-
ing of pipes,
and trenches to
be tilled, and
the pavements
made good.

6. And be it enacted, That it shall be lawful for the said
Corporation, and their Agents, Deputies, Officers, Workmen,
Servants and Assistants, to dig, break up, and remove the
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 :
Provided always, that it shall not be lawful for the said Cor-
poration, or any person acting under their authority, to enter
into and make use of any private lands or grounds within
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
hereinbefore provided : And provided also, that the respec-
tive persons, who shall open and break up, or cause to be
opened, or broken up, any ground, for laying, taking or
repairing any pipe, or other work, as aforesaid, by virtue of

CITY CHARTER AND OTHER ACTS.

127

this Act, shall, and they are hereby required to take care,
as far aa may be, to preserve a free and uninterrupted pas-
sage through any street, lane, alley, road, square, public
place, highway or < .her 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 wiien buildings
within the said city, or the parts adjacent thereto, the dif- diffoiontpropif.

„ • , « 1 11 1 7 !•«• • ctors or tenants,

lerent parts whereoi shall belong to dmerent propnetors, or iiow tiic corpo.

r&tioii is to Act

shall be in possession of different tenants or lessees, the said making oatis;

'^ ' 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 of 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 which provisions this Act shall be sufficient to indem-

128

CITY CHARTER AND OTHER ACTS.

Water Works so
to be Hituatod nB
not to (uulaii-
cor tins piilWic
health or salcty.

Corporation 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 Aviso 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 bo 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, ho or they shall forfeit and pay to the said
Corporation 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 aiaiu 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 Avatcr
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 stipply the said City is to be obtained or con-
voyed, or cast, throw or put any filth, dirt, dead carcasses,
or other noisome or oft'onsivc 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 bo

IVnalty on pro-
ciirin;; water
without tlie
consent of the
Cori'oration,
tVoni their
Water Works.

I'enalties on
iiersons pollut-
lug waters in
reservoirs.

CITY CIIAUTER AND OTHER ACTS.

129

them
lancc

lall 80
IS and
there-
rise to
3, that
Corpo-

g pro-
lie said
hereof,
gkill on
tion, or
awfully

lus shall
ate with
n, or in
,t of the

the said

loucy of
[for each

Ad sum,
may he

this Tro-

done to the Avater therein, every such person shall, on con-
viction thereof he.fore any Justice of the Peace of the District,
on the oath of one credihle witness, he by the said Justice
before whom such person shall be 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, 'IS to such Justice may seem meet.

11. Anu be it enacted. That if any person or persons shall r.maitv on por-
wilfuUy or maliciously hinder, obstruct, embarrass oi' interrupt or'injurTiiK* ""
the said Corporation, their Agent, or Agents, Officers, Work- woVkB.
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-
dered to bo erected, laid down or belonging to the said Cor- * •
poration in connexion with the said works, or shall in any
wise wilfully do any other injury or damage for the purpose
of obstructing, hindering, interrupting or embarrassing the
construction, complctioik, maintaining or repairing of the said
works, or in any wise cause or procure the same to bo done,
every person or pei-sons 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
bo recovered by the said Corporation, with costs of suit, by

180

CITY CHARTER AND QTIIER ACTS.

Corporntion
may inak» liy-
laws for the re-
gulation, llUlill-
tiiimiioo, and
itrotoclion of
\\w Watoi-
WorkH.

Corporation to
have no powor
to enact iiny
liy-law lni|u)H-
iiiK any Ruuoral
water rent or
tax.nntl toconi-
iH'lleuiints,&c.,
to take tlie wa-
ter.

action of debt before any competent Court or Tribunal within
this Province.

12. And be it enacted, That it shall and may be lawful for
the said Corporation as aforesaid, and they are hereby au-
thorized and empowered to make such By-laws as to them
shall seem requisite and necessary, for prohibiting, by fine
not exceeding five pounds, currency, or imprisonment not
exceeding one month, any person being occupant, tenant, or
inmate of any house, supplied with water from the said Water
Works, from vending, selling, or disposhig of the said water,
from giving it away, or permitting it to bo so taken or carried
away, or from using or applying it to the use or benefit of
others, or to any other than to his, her or their own use or
benefit, or increasing the supply of water agreed for with the
said Corporation, or wrongfully, negligently or improperly
wasting the water, for regulating the time, manner, extent
and nature of the supply of water to be provided and supplied
by the said Works, the tenement or parties to which and
whom the same shall bo furnished, the price or prices to be
exacted therefor, the time and mode and circumstances of
payment therefiir, and each and every other matter or thing,
relating to or connected therewith, which it may be necessary
or pniper to direct, regulate or determine for issuing to the
inhabitants of the said city, a continued and abundant supply
of pure and wholesome water, and to prevent the practising
of frauds upon the said Corporation with regard to the water
so to be supplied.

13. And be it enacted, That nothing in this Act contained
shall extend or be . construed to extend to confer upon the
said Corporation any additional right of assessment beyond
that now by them enjoyed, or of enforcing any general water
rent or tax, or to permit the said Corporation by any By-law
or other Municipal regulation hereafter to be determined
upon by the said Corporation, in reference to the said Water
Works, to subject any proprietor, householder or other person
Or persons to any general water rent or tax, unless ho or they
be actually supplied with water, or to compel any such pro-
prietor, householder or other jwrson or persons to roeeive

CITY CHARTER AND OTHER ACTS.

181

tlio said water, or the conduits thereof, into his or their
premises.

14. And ho it enacted. That for the purpose of effecting
the purchase of the said Water Works, as aforesaid, if it
shall then ho deemed expedient hy the said Corporation, it
shall and may he lawful for the said Corporation, on or after
the completion of the purchase oi the said Water Works, to
issue under the hand of the Mayor, and the seal of the said
Corjwration, debentures or Corporation honds, to the amount
of fifty thousand pounds, current money aforesaid, payable
on or before the first day of November, in the year of Our
Lord, one thousand eight hundred and sixty-eight, and
bearing interest, payable semi-annually, on the first days of
May and November, in each and every year, and at a rate
not exceedhig six per centum per annum.

15. And be it enacted. That all the revenues arising from
or out of the supplying of water, or from the property,
movable or immovable, connected witli the said Water
Works, to be acquired by the said Corporation under this
Act, shall, after providing for the interest accruing on the
debentures or Corporation ')ond8 issued by the said Corpo-
ration in pursuance of this Act, and the expenses attendant
uj)on the maintenance of the said Water Works, be applied
towards the immediate extinction of the principal of the debt
incurred in the purchase thereof; and the said Corporation is
hereby strictly prohibited and enjoined from applying any
surplus revenue arising from the Water Works to any other
purpose whatsoever, until the whole of the said debt and
interest shall have been fully and completely discharged and
extinguished, after which such surplus revenue shall make
part of the general funds of the Corporation, and may bo
apjilied accordingly.

10. And be it enacted. That receipts for any interest due
on all debentures or Corporation bonds that shall lawfully
be issued by the authority of this Act, and which shall from
time to time remain undischarged and uncancelled, as well
us such debentures or Corporation bonds themselves, shall
and may, ailer the period therein ap)K)inted for the payment

C^orporation nil.
thorliiodtuiHHiii^
(lolioiituruH or
hoiidH t() tlui
amount of -C5()-
(KK), r(Mloi)inal)l(>
on or Ixit'oio IhI
November, iWlH,
with iiitei't'Ht
Homl-annuully.

Itovoniit'H arlM-
inu from tlitt
Wntf-r VVorkH <o
l>« n)i|ilii'(l to
tlio iiuymcht of
tli(t |irin(;i|>ul
nnd hiteriwt of
|)iircliuMuui(l to
no other piir-
poHe until the
Humu lit puid utf.

DelienlureM or
the interest
thiM'eon muv he
iiiild to the I'Uy
TreitNurer In
piivmcnt of uny
deht dun tlie
olty.

132

CITY CHARTER AND OTHER ACTS.

Iiitorost not to
run on dobon-
tiirvK wliou in
tlio hands of tho
ritv Trensurcr.

IVrsonH paying
di>lH>ntHrt>» to
("Hy 'rruBsiin'r
to (MidorKU tlio
tinjo of piiy-
niont.

of either thereof, bo received and taken, by the 'J'roasnror of
the said city, from any person making payment to him upon
any account or for any cause whatever, on account of the
said city, and that the same shall be deemed and taken as
money, and as such shall bo charged against, and credited
to, such 'treasurer aforesaid in his accounts with tlie said
City : Provided always, that no interest shall run or be paid
upon or for any such debenture during the time such de-
benture or Corporation bond so paid shall remain in the
hands of the Treasurer as aforesaid, but for such time the
interest on every such debenture or Corporation bond shall
cease.

17. And be it enacted, That the person or persons who
shall pay any such debenture or Corporation bond so bearing
interi K<t, to the City Treasurer aforesaid, shall, at the time of
making such payment, put his, or her, or their name or names,
and write thereupon in words at length, the day of the month
and year in which ho, she or they so paid such debenture
or Corporation bond, bearing interest ; all which the said
City Treasurer shall take care to see done and perform
accordingly ; and to the day so ascertained, the said City
Treasurer shall be allowed the interest which he shall have
paid or allowed upon such debenture or Corporation bond hi
his accounts with the said city.

18. And be it enacted, That if any person or persons shall
forge, alter or counterfeit any such debenture or Corporation
bond which shall be issued under the authority of this Act,
and remaining uncancelled, or any stamp, endorsement or
writing therein or thereon, or tender in payment any such
forged, altered or counterfeit dcbenttiro or Corporati<m bond,
or any debenture or Corporation bond with such <"^'.nterteit
endorsement or writing thereon or therein, or shall demand
to have such altered or counterfeit debenture or Corporation
bond or any debenture or Cor[)oration bond, with such
altered or counterfeit endorsement or writing thereon or
therein, exchanged for ready money by any person or |)cr-
sons who shall be obliged or ro<piired to exchange the same,
or by any other person or persons whomsoever knowing the

runislimont on
IMtnonH forffiuff,
altorhifr or \*»u-
ing foi'ffod or
countorlt'lt do-
bonture*.

CITY CITAHTRn AND OTIIKR ACTS.

1B«

<lol)onturo or Corporation bond, m tondorcd in payment or
(loniandod to bo oxcbanj^od, or tho ondorHoininit or writing
thoroon or thoroin, to bo tor^cul an<l count(M't(nit, and witb
intent to deiVatid tho said city, or tlio ])erHo»i appointed to
pay oft* tho sanio, or any of thoni, or any other pcrHon or
l)errtons, bodies politic or corporate, tlien every such [xn'Mon
or permms ho offlMulin;^, beinj; thereof convicted, Hhall be ad-
Jadj^e<l a fphm, and shall bo liable, at the discretion of the
Court before which he, she or they may be tried, to be con-
Hned at hard laboiil* in the Provincial I'onitentiary, for any
period not loss than three years, or to be imprisoned iti any
otluu* Prison or place of confinement for any period not ex-
ceeding two years.

11>. And bo it enacted, That it shall be tho duty of the cny rnnHincr
City Treasurer aforesaid, whenever calhMl upon to pay or jmynI."i"t''or in-
allow tho interest upon any of the debentures or ( Corporation (um.
bonds issued under the authority of this Act, to take care;
to have the same en(h)rsed on such dobcnture or ( Corporation
bond at tho time of payment thereof, oxpnisslng tho period
up to which the said interest shall have been so paid. . '

20. And bo it enacted. That at any time afttu* th(» de- <oiiiomiion iiy

/-I L- I ^ i> xi i^i i^ I II I nolIcK to ciill III

bcntures or Corporation bonds, or any ot them that shall he (i«'iM<ii(iiii'H<tv(r

issued under tho authority ot this Act, shall resi)ectivoly "••• <" xt.ii. >,»

, 1 . . 1 11 1 '''••"•"••ii''" •Mill-

become duo accordui'? to tho terms thoreot, it shall and '"' '"' "H'r hIx

" _ _ iiiiiiilliH hIiiiII

may bo lawful for the Corporation aforesaid, if tiny shall ••uvufxiiin'ti.
think proper so to do, to direct a notice to be inserted
in two or more of tho Newspapers jiublishcd in the said
city, in tho Kn;^lish and French liin;;ua;^('s, r(M(uiriiig
all holders of the said debentures or Corporation bonds to
present tho same for i)aym(!nt, accordinjj; to tho conditions •

thereof; and if after the insertion of such notices for thnto
months, any debentures or (Corporation bonds thciii payablo
shall remain out more than six months from tho first publi-
cation of such notice, all interest on such debentures or
Corporation bonds, after tho exi)iration of the said six months,
shall ceaso and bo no further payable in n^sjtect of the time
which may elapse between the expiration of the said six
months, and their presentment for payment.

184

CITY CHARTER AND OTHER ACTS.

Corporation
may call in do-
bcnturcs boforo
thoy are niado
nnyablo, and af-
ter six montlis'
notice all inter-
oat thereon to
bo stopped.

Corporation
not to bo pre-
vented IVom
borrowing mo-
ney for the gen-
eral purposes of
tliecity.ashere-
tofon>.

Particnlarstatc-
ments of the re-
venue and ex-
penditure of the
. VValerWorksto
" be kept and an-
nually publish-
ed.

21 . And be it enacted, That whenever it shall be deemed
expedient by tfie 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 bo law-
ful for the said Corporation to direct a notice to be inserted
in all the newspapers published in the said City of Montreal,
requiring all holders of the said debentures or Corporation
bonds to present 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 which 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-
bursements 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.

136

. shall
to be
nd dis-
Works,
other
ty, and
in each
he said
News-

papers of the said city, in the English and French languages,
wherein shall be stated, the amount of the rents, issues and
profits, arising 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 uncancelled, and the interest paid
thereon, or yjet due and unpaid : the expenses of collection
and management, and all other contingencies, salaries of
oflScers and servants, the cost of repairs, improvements and
alterations, the prices paid for the acquisition of any real
estate that may be required for the use of the said Water
Works, as also the value received for any real estate that
may be 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 cemplete
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 prc-
shall extend or be construed to ex.ond to prevent any person Water woik.s.
or persons. Body Corporate, Politic or Collegiate, from con- Legislature,
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 itigiitH of tiic
shall affect or be construed to affect, in any manner or way saved. '
whatsoever, the rights of Her Majesty, Her Heirs or Suc-
cessors, or of any person or persons, or of any Bodies 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.

136

CITY CHARTER AND OTHER ACTS.

Cionoral Ishuo
and speoini mat-
tor in ovidouco.

shall ccosc, and tlio Defendant or Defendants shall and may
plead the general issue and give this Act and the special
matter in evidence at any trial to be had thereupon, and that
the same was done in pursuance of and under the authority
of this Act ; and if it shall appear to have been so done, or
if any such action or suit shall be brought after the time
before limited for bringing the same, then the judgment
shall bo entered for the Defendant or Defendants, or if the
Plaintiff or Plaintiffs shall become nonsuit or shall suffer dis-
continuance of his or their action or suit, after the Defendant
or Defendants shall have appeared, or if a judgment shall
be entered against the Plaintiff or Plaintiffs, or if upon ex-
ceptions or otherwise, judgment shall be given against the
Plaintiff or Plaintiffs, the Defendant or Defendants shall have
treble costs, and shall have such remedy for the same, as
any Defendant hath for costs of suits in other cases of law.

27. .And be it enacted. That all the enactments and pro-
visions of the Ordinance of the Governor and Special Council,
of the late Province of Lower Canada, passed in the fourth
year of Her Majesty's Ileign, and intituled. An Ordinatice
to incorporate the City and Town of Montreal^ as amended
by a certain Ordinance of the 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 Town of
Montreal^ shall, in so. far as they shall not be repugnant to
or inconsistent with, the express enactments and evident
intent of this Act, extend to, and govern each and every act
and thing required or authorized to be performed and done,
under the 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 Province, 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,

Treble costs.

Ordiiiniices in-
cnrporntiiiff the
City of Mon-
treal, in 80 iUr
a« tliey aro not
renuKnant to

tll»8 Act, to flfOV-

orn any matter
riHiuircd under
tliiA Act.

All Act* or pro-
visions of law,
repugnant to or
inconsistent
witlitliisAct, to
be repealed, ex-
cept as to i)n8t
transactions.

CITY CHAllTKll AND OTHER ACTf».

from and aftor tho timo when this Act shall como into force,
bo and they arc hereby repealed, except in so far as may
relate to any circumstance, act or thing occurring, done, or
effected before tho commencement of this Act, which shall
be dealt with, adjudged upon, and determined, as if this Act
had not been passed.

29. And bo it enacted. That this Act shall be and is here-
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, witliout being specially pleaded.

To bo <I(>oiiii'() H
|)ublio Act.

of Law

ire or up

Ich shall

\v which

lis Act,

3, shall,

138

CITY CHARTER AND OTHER ACTS.

rrcamblc.

I'roviniong
v., 0. 44,
toiidod.

(16 Victoria, Cap. 127.)

An Act to authorize the Mayor, Aldermen,
and Citizens of the City 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.)

"^17" HERE AS, the present supply of water for the City
If 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
of 7 is hereby enacted by the authority of the same, That all and
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-

ex-

CITY CHARTER AND OTHER ACTS.

189

men,
bor-
erect
f the
i the

he City
^ing the
;as it is
Teas the
Montreal
id them
[Queen's
consent
imbly of
ky virtue
Parlia-
I Ireland,
)er and
, and it
all and
rporation
[rliament
[ajesty's
', Alder-
ind hold
;«, shall,
ixtension
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 Act 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- corp..i«ti«.ii
ing the said Water Works as aforesaid, it shall and may be aU"'7gg"j?*'',io.
lawful for the said (Corporation to borrow a sum not exceeding ben<«"'«'''-
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 pp,id according to the tenor of
such debenture ; and all the provisions of this section shall i>ioviMi«tun «u
apply as well to the debentures heretofore issued as to those xwcln^vMXyt
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

itucrt.

140

CITY CHARTER AND OTHER ACTS.

Deboiitiirus
may bo ixtyablu
I'ithcr within or
without tlio
rnniiiop, &c.

Water Works
pledged for the
loan contracted
under tliis Act.

( 'orporatioH
may sell exist-
ing Water
Wtirks.

issued under the provisions of the said Act, passed in the
seventh year of Her Majesty's rei^, or of any Act or pro-
vision of law in amendment thereof.

3. And bo it enacted, That any sums which the said
Corporation is empowered to borrow under this Act, may bo
borrowed either in this Province or elsewhere, and the prin-
cipal sum and interest thereon as aforesaid may bo 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 bo inconsistent with this Act.

4. And be it enacted. That the saicl Water Works to bo
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, mortgajrcd and hypothecated for the
repayment of any sum or sums which may be borrowed by
the said Corporation for the purposes of this 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 De-
bentures in the last previous section mentioned shall have a
concurrent pledge, mortgage, hypothec or privilege on the
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 paito 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 Works, upon such terms
and conditions as to the said Corporation may appear just
and expedient.

CITY CHARTER AND OTIIQR ACTS.

341

G. And 1)0 ifc enacted, That for and notwithstandin<' any iFowcompciiMi.

1 • 1 . , . , ,,,, , Jlon for iiripiicr-

ihmrr to the contrary contained in the nith or any otiier sec- ty taken. &<•..

L- n , •!* 1. , 1 /.TF h1ih1II)oI1.\<(I1ii

tion ot tlio said Act passed m the seventh year of licr iiwo oi hoh-
Majesty's reif;n, and incorporated with this Act as aforesaid,
the price or compensation to be paid hy the said Corporation
for or ui respect of any real i)ropcrty to be taken or entered
into hy them in pursuance of the said Act or of this Act, not
being within the limits of the said city, shall be ascertained,
fixed and <lotermined 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 Aet to amend and consolidate the provisions of i4, isv.c. i2k.
the Ordinancj; 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 powers in the Corporation
of the said Cit// of Montreal, but by appraisers to be indift'er-
ently chosen, in manner following, to wit, one by the said
Corporation, another by the said person or 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 o; such
third shall be appointed by any of the Judges of the Superior
Court residing at Montreal ; and the said appraisers and third ji.m). .. in...
or umpire shall be sworn before such Judge l)efore their iipprniifei's.
operation, which shall be conducted in the manner provided
by the law of Lower Canada for, proceedings by experts;
and they shall hear ^tny 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 be
conclusive, notwithstanding any want or defect of form in
their proceedings.

142

CITY CHARTER AND OTHER ACTS.

Corporation
may extend
their works
thirty miles
trom the city.

Uridseg to bo
built by the
Corporation in
certain cases.

< 'orporatiun
may purchase
ci'i'tulii pro-
perty, ^^ith the
coMHont of the
owncrH.

Corporation to
make I'onccit.

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
cither or both sides of the said canal, and upon the land by
them acquired for the purposes thereof, of sucl\_ width as the
said Corporation shall deem expedierit 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 cf,nal, 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 ac({uire, 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 by 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 It^wful 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 sufficient
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 the same and the properties on either side
thereof.

CITY CHARTER AND OTHER ACTS.

148

11. And be it enacted, That it shall be lawful for the said
Corporation, and they are hereby authorized, to dredge,
widen, deepen, and otherwise improve the little river, brook,
or stream known aa the River St. Pierre from the place
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 catchwatcr and off
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
•jind 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 bo it enacted, That it shall not be lawful for the
said Corporation to sell or lease any real or immovable pro-
perty under this Act otherwise than by public auction, to be
held at some certain time and place within the said city, of
which at least fifteen days' public notice shall bo 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 bo published at least six times
in each of the said newspapers during the said period of
fifteen days.

13. And bo it enacted, That this Act shall bo hold to be a
Tublic Act.

Corporation
may drodgo the
littlu Kivor M.
riurro, &e., and
provide for tlut
carrying off of
surplus water.

In wliatinaiinur
onlv tlio Corpo-
ration shall soil
any r<>al pro-
]iprty under this
Act.

Publio Act,

144

CITY CIIAKTKll AND OTHER ACTS.

(19 Victoria, Cap. 70.)

An Act to autliorize the Mayor, Aldcnnen
and Citizens of the City of Montreal to
borrow a sum of fifty thousand i)ounds for
the purpose of conipleting the new Water
Works in the City of Montreal.

(Assented to I9th June, 1856.)

Preamble. TXrHEREAS the Mayor, Aldermen and Citizens of the
If 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 larger sum
of money will bo required than they have it in their power to
borrow, and thoy have prayed to bo 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 follows :
roiporation 1. It shall and may be lawful for tho said Corporation, for

'wiWTt^iinR the purpose of completing tho Water Works now in course of
»}•' u'lVwtttcr construction in tho City of Montreal, to borrow a sum not
exceeding fifty thousand pounds sterhng money of Great
Britain, in addition to any sum thoy are now authorized to
borrow for tho same purpose, and to issue, under tho hand of
the Mayor and tho seal of the said Corporation, debentures
or Corporation bonds, to tho amount of the said sum of fifty
thousand pounds sterling, payable on or before the first day
of November, one thousand eight hundred and cighty-ono,
and bearing interest, payable semi-annually, on tho first days
of November and May in each and every year, and at a rate
iM-rm of dobcn. not cxcccding six per centum per annum ; and all such de-
«i!ro-, &c. bentures may bo in any form not inconsistent witli this Act,
and may have coupons thereunto annexed, for the half-yearly .

CITY CUAUTKll AND OTlIKtt ACTS.

3rmen
)al to
ids tbv
Water

18 of the
n'cscntcd
9, now in
irgcr sum
• power to
borrow a
)c applied
, Ilcr Ma-
.of^islativo

interest thereon, which coupons beinj; Hi{j;ne<l by the Mayor
or Treasurer of the Corporation, shall be resjoetivoly payable
to the bearer thereof, when the half-yearly interest therein
mentioned becomes due, and shall, on payment thore(>f, bo

delivered up to the Corporation ; and tho nossossion of any To ii« m'.m i

such coupons by tho Corporation shall bo pnnut jane, evi- vii<'«<' on Ww
dence that the half year's niterest therein nientioned has VI'"'"'" '' ..^' • '•

*' ^ 41, iiM well ii« (III

been paid according' to the tenor of sueh debenture : and all !'"' H''"i:':'l'

' " ' Unitlxiit I lid

such debentures, as woll the interest as the principal thereof, c»y. •'"< »»«'i-
shall bo secured on the general finids of the said Corporation,
as well as by special privilege on the said Water Works
mentioned in tho fifteenth section of the Act pas^'ed in the
seventh year of Her Majesty's reign, intituled. An Act to
authorize the Mujfor^ Aldermen ami (Htizems of Montreal to
l>urel'isi>., 'Kujnire and hold the propertif noto known an the
Moi'fr ' Jl'nter Wor/cfi, which said privilege shall neverthe-
less ( ;, r.,nk in order next after the privilege secured to
the holders of bouds issued luider 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. Any sum which the said Corporation is empowered to hiiM-nfnnH

1 1 !•». II I'li'ti- '""y '"' i"'v"ii'<'

borrow under this Act may be l)orrowe(l in this iTovince iii<iinH.iiior •

, , , , ... , . , <'Ihi'wIii>iii, itiiil

or elsewhere, and the principal sum and interest thereon in «itin imy or

.... Htnlliix.

as aforesaid may be made jiayable citliei' in this Province
or elsewhere, and either in the currency of Canatla or in
that of tho place where the same shiiU bo i»ayal)le, and
generally all tho provisions of the Acts now in force as to
the debentures issued by tho said Cori)oration shall apply to
those to bo issued under this Act, except in so far as tlmy
may be inconsistent with this Act.

15. The said Water Works now in construction in the said Wutcr w.iik»,
City of Montreal, ami also the land acquired for the purpose nimyni.nior

• 1 • 1 iir iir 1 1 1 I • 1 llliMli'VH lior-

ol the said Water Works, and every matter aiK) tiling there- rowifl iiii<i»r
witli connected, shall bo and they are liereby specially
charged, pledged, mortgaged and hypothtfcated 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 and
|iunctual payment of the interest thereupon.

146

CITY CHARTER AND OTHER ACTS.

Tho moiioy may 4. It shall be lawful for the said Corporation to borrow the
Ilncw iH^v.*! 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 establish a Consolidated
Municipal Loan Fund for Upper Canada, by applying the
same to Lower Canada, and for other purposes.

< (

CITY CHARTEll AND OTHER ACTS.

141

(24 Victoria, Cap. 67.)

An Act to authorize the Mayor, Aldermen
and Citizens of the City 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 ISth May, 1861.)

WHEREAS, it is necessary for the good working of the Preambi.'.
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, asked for the
authority they require to borrow the sum necessary for that
purpose ; and whereas it is expedient to restrict the 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- acn 7 v., c. «.
flossed by the Corporation of the said city, in and by the Act incorporated

XI ^r. . . 1 . n . « 11 ,, » . . . WiUl thlH Act.

seventh Victona, 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 bo consistent with the provisions of this
Act.

148

CITY CHARTER AND OTHER ACTS.

('orporation
may increase
the power in the
wheel-liouBC,
and construct a
tail-race.

Corporation
may borrow
«200,000 for
certain pur-
poses relating
to tlie Water
Worlis.

l>el)enture!i.

2. The said Corporation is hereby authorized to increase
the motive power of the wheel-house by means of which the
water conveyed through the newly constructed aqueduct is
forced into the reservoirs of the said city, either by adding
one or more wheels to the said wheel-house, or otherwise,
and to construct and open, upon such site as will appear
most convenient, a tail-race, by which the waste water
coming from the new aqueduct into the wheel-house, may
be carried into the river St. Lawrence ; and for that pur-
pose to acquire, in the manner and form and upon the con-
ditions prescribed in and by the said Act, sixteenth Victoria,
chapter one hundred and twenty-seven, all real estate, or
any part thereof, which may be acquired for the construction
of the said tail-race.

3. The said Corporation is hereby authorized to borrow,
for the purposes mentioned in the preceding section, as also
for enlarging the storage for water, for providing an addi-
tional rising main, and for completing the laying of the
distribution pipes throughout the said city, a sum not ex-
ceeding two hundred thousand dollars, and to issue, under
the hand of the Mayor and seal of the Corporation, debentures
or Corporation bonds, to the amount of two hundred thousand
dollars aforesaid, payable twenty-five years after the date of
the issue thereof respectively, and bearing interest payable
semi-annually on Ihe 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 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 pay-
able 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 be
priind facie evidence that the half-year's interest therein
mentioned has been paid, according to the tenor of such dc-

^'•"W<.

CITY CHARTER AND OTHER ACTS.

149

benture ; 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 Water Works of the said city, on the
property to be acquired, and on the works to be made
under the authority of this Act, the same being hereby spe-
cially mortgaged for the payment of the debentures, both in
capital and interest ; provided however, that the aforesaid
privilege and mortgage shall in no manner or way interfere
with or injure the rights of holders of debentures or coupons
issued in virtue of the above cited Acts, or of any Act
amending the same.

4. The amount which the said Corporation is empowered
to borrow by the preceding section, may be borrowed cither
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 cither in sterling money
aforesaid, 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 incon-
sistent Avith this Act.

5. From and after the civic year, which shall commence
for the said city on the first day of February, one thousand
eight hundred and sixty-two, it shall be the duty of tlie
Council of the said city to make every year, on or before
the first day of May, an appropriation of the amounts neces-
sary to meet the expenses of the current year, by providing —

1. For the payment of the interest, and sums required for
the Sinking Fund on the debt due by the said city ;

2. For the general and ordinary expenses of the city ;

3. For the sums required for contemplated improvements ;

4. For a reserve of not leas than five per centum to meet
unforeseen expenditure ;

Such appropriation shall never exceed the amount of the
receipts from the preceding year, added to the balance of
the said receipts which shall not have been ex[)ended.

MortgaKO for
securing pay-
moiit of prin-
cipal and in-
terest.

How and where
debcntnreH may
lio made pay-
able.

Yearly appro-
piintiorN to be
made by tlio
City Council.

. . rnpriationH
limited.

150

CITY CHARTER AND OTHER ACTS.

(Council to limit
llie city expend-
itiiro to tlio 8aid
appropriations,
be.

I'oimltvon
CouncHlors
aiithoriKiiig
any excess.

Except in cases
ofurffont neces-
sity, &c., on im-
posins a special
tax, &c.

Inconsistent

enactments

repealed.

Public Act.

6. It shall not be lawful for the said Council to expend
beyond the amount so appropriated and the amount of the
other sums at their disposal out of the receipts' of the current
year, except in cases and under the conditions hereinafter
set forth ; but the Council may at any time vary the appli-
cation of the sums set apart for improvements, and make use
of the amount reserved for unforeseen expenditure.

7. The Mayor and Councillors who shall have sanctioned
the expenditure of any sum of money beyond the amounts
appropriated and the amounts at their disposal, in conformity
with the foregoing sections, shall alone be personally res-
ponsible therefor.

8. In cases of urgent necessity, the said Council may, by
a majority composed of at least two-thirds of the members
composing the same, pass a By-law to make any appropriation
they may think necessary beyond the amounts at their dis-
posal, provided, that by such By-law an additional tax shall
be imposed, payable during the course of the year in which
such By-law is dated, and sufficient to cover the amount so
appropriated, which said tax shall be levied and assessed on
all real estate in the said city.

9. All the provisions of any law inconsistent with the
provisions of this Act shall be and the same are hereby
repealed.

10. This Act shall be held and taken as a Public Act.

CITY CHARTER AND OTHER ACTS.

151

(25 Victoria, Cap. 44.)

An Act to authorize the Mayor, Aldermen
and Citizens of the City of Montreal, to
borrow certain sums of money for drain-
age and other purposes therein mentioned.

(Assented to 9t1i June, 1862.)

WHEREAS it is necessary to provide means for the more rrcambic.
effectual drainage of certain sections of the City of
Montreal, where serious danger is apprehended to the lives of
the inhabitants of the said city ; and whereas it is expedient
to establish an Electric Fire-alarm Telegraph in the said city,
the more effectually to guard against accidents by fire, and to
subserve also the purposes of the Police and Water depart-
ments ; and whereas the Council of the said city have, by
their petition, asked 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 Loan of sfHTo.oiuo
to, and also to assist the said Corporation in making tlie im- tirHinngc.
provements and street repairs that may be required in the
said city, during the present year, the said Corporation is
hereby authorized to borrow a sum not exceeding one hun-
dred and seventy-five thousand dollars, and to issue, under
the hand of the Mayor and seal of the Corporation, deben- Dobenturos.
tures or Corporation bonds, to the amount of one hundred
and seventy-five thousand dollars aforesaid, payable 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 exceedi]ig six per centum per annum ; and all such

152

CITY CHAKTER AND OTHER ACTS.

How Mjcurcd.

Lunii of $20,000
Hutliorizod for
City 'rt'legrnpli.

Debentures.

debentures may be issued from time to time, at such periods,
and for such amounts as shall be deemed expedient ; and they

Coupons. may have coupons annexed to them, for the half-yearly inter-
est payable on them, which coupons, being signed by the
Mayor or Treasurer of the said Corporation, shall be respec-
tively payable to the bearer thereof, when the half-yearly
interest therein mentioned becomes due, and shall, on pay-
ment thereof, be delivered up to the said Corporation ; and
the possession of any such coupons 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
debentures ; and all such debentures, the interest as well as
the principal thereof, are and shall be secured on the general
funds of the said Corporation.

2. For the purpose of constructing and establishing a City
Electric Telegraph as aforesaid, it shall be lawful for the said
Corporation to effect a special loan of twenty thousand dollars,
to be designated the " City Telegraph Loan," and to issue,
under the hand of the Mayor and the seal of the Corporation,
debentures or Corporation bonds to the amount of twenty
thousand dollars aforesaid, 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 City Telegraph Loan," to desig-
nate the object and pui'pose for which they shall be issued ;
they may be issued from time to time, at such periods and for
s.uch amounts as shall be deemed expedient ; and they may

Coupons. ^8,ve 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 tliereof, 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 coupons 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

CITY CHARTER AND OTHER ACTS.

153

jriods,
dthey
r inter-
by the
respec-
-yearly
>n pay-
q; and
m shall
therem
of such
i well as
general

g a City
the said
1 dollars,
to issue,
•poration,
p twenty
after the
interest
ovember
ig six per
headed
to desig-
>e issued ;
and for
hey may
interest
be Mayor
spectively
interest

t thereof,
possession

imd facie
tioned has
•e ; and all

such debentures, and as well the interest as the principal how secured,
thereof, are and shall be secured on the general funds of the
said Corporation, as well as by a special privilege on the works
and apparatus to be constructed and established by means
thereof.

3. The amount which the said Corporation is empowered Howandwiiero

debentures niRy

to borrow by the two preceding sections, may be borrowed be made pay-
either in this Province or elsewhere, and the principal sum
and interest thereon as aforesaid, may be made paya,ble either
in 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 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.

4. And whereas the said Corporation of the Mayor, Aiders Recital of loan
men and Citizens of the City of Montreal, under the authority and Atlantic r.
of an Act of the Provincial Le^slature, passed in the twelfth

year of Her Majesty's reign, intituled, An Act further to 12 v., 0. no.
amend an Act incorporating the St. Lawrence and Atlantic
Railroad Company, and with a view to promote the speedy
completion of the said road, subscribed for five thousand
shares of the stock of the said St. Lawrence and Atlantic
Railroad Company, the said shares representing a capital of
one hundred and twenty-five thousand pounds, for which the
said Corporation issued their bonds or debentures, as a loan
in favour of the said Company, payable as follows, viz :

1. Twenty-five thousand pounds ou 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 ;

6. Twenty-five thousand pounds on the first of September,
one thousand eight hundred and sixty-five ;

164

CITY CHARTER AND OTHER ACTS.

: !

16 v., c. 89. And whereas an Act was passed in the sixteenth year of

Her Majesty's reign, intituled, An Act to empower any
Railivay Company whose Mailway forms part of the Main
Trunk Line of Railway throughout 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. 33. eighteenth year of Her Majesty's reign, intituled. An 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-five 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 CHARTER AND OTHER ACTS.

155

the first day of March, one thousand eight hundred and sixty-
one ; and whereas there is reason to believe the said Grand
Trunk Railway Company may not meet or redeem the pay-
ment of the balance due as aforesaid, or to be due on the said
bonds or debentures at the period and periods fixed for such
payment and redemption ; and whereas the said Corporation
have no funds at their disposal with which to meet or redeem
the payment of the said bonds or debentures at maturity, and
it is expedient that some provisions should be made 'x) enable
the said Corporation to take up or redeem the said i>onds or
debentures at their maturity, in the event of the said Grand
Trunk Railway Company failing to do so; — Therefore, for Loanof#850,ooo
the purpose of enabling the said Corporation to pay the instal- pay'off^remun^
ment due as aforesaid on the first of September, one thousand ilfan? tf*'?^.^ n^
eight hundred and sixty-one, on the said bonds or debentures, Grand Trunk
and also the last two instalments thereof, to be respectively pttnvT"^ *""
due as aforesaid, on the first of October, one thousand cigb:,
hundred and sixty-three, and the first of September, one
thousand eight hundred and sixty-five, and the interest there-
on, if not previously redeemed by the said Grand Trunk
Railway Company, the said Corporation may and they are
hereby authorized to borrow a sum of three hundred and fifty
thousand dollars, and to issue, under the hand of the Mayor
and the seal Of the said Corporation, debentures or bonds,
payable twenty years after the date of the issue thereof re-
spectively, and bearing interest payable semi-anrvally on the
first days of May and November, in each and ev, ry year,
and at a rate not exceeding six per centum ; and all such Debentures,
debentures or bonds may be issued from time to time, at such vFsio^s simiT
periods, and for such amounts as may be <^ enJed necessary, ^^^^ " *""'
and they may have coupoi/ts annexed to them, in the same
manner and form as the bonds or debentures referred to and
authorized to be issued by the first and second sections of this
Act, and generally all the px'ovisions of the first, second and
third sections of this Act, as to the debentures to be issued
under the authority of the same, shall apply to the deben-
tures or bonds to be issued under the present section, except
only in so far as they may be inconsistent with the present

156

OITT CHARIER AND OTHER ACTS.

rrovlso.

rroviso.

IncoHBlttent

oiiactments

repealed.

riibllc Act.

section ; Provided, however, that nothing herein contained
shall in any way interfere with, alter or affect any right or
claim which the said Corporation may have or possess against
the said Grand Trunk Railway Company of Canada, as
regards the payment of the original bonds or debentures
granted by the said Corporation to the said St. Lawrence and
Atlantic Railroad Company as aforesaid, and that the obliga-
tion to redeem the said bonds or debentures, and interest
thereon, at maturity, assumed by the said Grand Trunk Rail-
way Company, as aforesaid, shall continue to have its full
effect and remain in force, notwithstanding any thing con-
tained in the present Act ; Provided, also, that nothing in
this section shall be construed to exempt or relieve the said
Grand Trunk Railway Company from any of the liabilities
incurred or assumed by them, in regard to the payment of
the said bonds or debentures, by the amalgamation of the said
Grand Trunk Railway Company with the said St. Lawrence
and Atlantic Railroad Company as aforesaid, and the agree-
ment entered into, as aforesaid, between those two Companies
on the twelfth of April, one thousand eight hundred and fifty-
three.

5. All the provisions of any law inconsistent with the pro-
visions of this Act shall be and the same are hereby repealed.

6. This Act shall be held to be a Public Act.

CITT CHARTER AND OTHER ACTS.

157

(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 Act of the Legislature of Lower rionmbio.
Canada, passed in the fifty-eighth year of the reign
of King George the Third, intituled, An Act to etablish a Act of l. c, 58
House of Industry in 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 Marateller, 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, res'due 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 Marstcller 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 y Aldermen and Citizens of the City of Montreal, it
is prayed that the powers, rights and privileges conferred on

168

CITT CHARTER AND OTHER ACTS.

the said Wardens by the aforesaid Act, as well as the pro-
perty, estate, chattels and effects of the said House of Indus-
try so incorporated, may be transferred to and made to vest
in the said Corporation, known as The Mayor, Aldermen and
Citizens of the City of Montreal, and the entire management
and control thereof in future be confided to them, and that
such further powers may be granted to them for the making
of By-laws and the appointment of overseers and other
oflScers for the well governing and management of the said
House of Industry and of the estate and property thereof, as
may by them be deemed necessary effectually to carry out
the object of the late John Conrad Marsteller, as expressed
in his said will ; 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
such transfer of the said estate, property and effects to the
said Mayor, Aldermen and Citizens of the City of Montreal :
Be it therefore enacted by the Queen's M( ^t Excellent
Majesty, by and with the advice and consent of the Legisla-
tive 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 Government 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 fifteen,
and the several Acts of the said Parliament of Lower
Canada amending the same, passed in the second year of the
reign of King George the Fourth, in the seventh year and
in the ninth year of the said reign, shall bo 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, projKjrty and effects, after the pay-
ment of his just debts and legacies, left by the said late John

Tlio tiaid Act,
HiulthoTthGeo.
IV, 0. 4, and
<ic(). IV, 0. 43,
iimciidiiiK It,
rcponlod.

l'i(ii)orly iiDW
held for tli(>
Hitld tiiftltution
• r«iiHft'rr<'d to
flic Corporation
of Muntrrnl.

CITY CHARTER AND OTHER ACTS.

169

he pro-
f Indus-
I to vest
nen and
stgement
md that
1 making
td other
the said
.ereof, as
»arry out
(xpressed
purposes
queathed
iished by
5t8 to the
!^ontreal :
Excellent
3 Legisla-
Province
,nd under
nt of the
intituled,
id Lower
and it is
ows :
lid Act of
ly-eighth
er fifteen,
of Lower
ear of the
year and
the same

real or
naindor of
r the pay-
late John

Powers of tlio
Corporation on
fo such pro-
perty.

Conrad Marsteller under and by virtue v^ his said last will
and testament, for the purpose of establi ?hu g in the said City
of Montreal a House of Industry, and all and every the real
and personal estate, property, chattels and eflfects in any way
belonging and pertaming to the said Corporation or body politic
and corporate, known as Hie Wardens of the House of Indus-
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 the said will of the said
late John Conrad Marsteller ; and the said Mayor, Aldermen
and Citizens of the City of Montreal shall and may take and
claim, and if necessary, sue for and recover the same, of and
from the said Wardens and every of them, and of and from
every other person or persons in whose possession the same
or any part thereof is, may be, or be found.

3. The said Mayor, Aldermen and Citizens of tlie City of
Montreal, are hereby authorized and empowered to establish,
sustain and keep up a House of Industry in the said City of
Montreal, and to use and apply the property, estates, moneys,
chattels and eflfects by this Act declared to be vested in and
to become the property of the said Mayor, Aldermen ajid
Citizens of the City of Montreal, for the purpose of establish-
ing, sustaining and keeping up the said House of Industry,
and from time to time to make and pass sucli ]?y-laws, Rules
and Regulations for the management and direction of the
said House of Industry, as they may think fit, provided the
same are not icpugnant to the laws in force in this Province ;
and from time to time to appoint, discharge and re-a[)point
such overseers and other officers as they may deem it neces-
sary to appoint for the management of the said House of
Industry.

4. Tlio said Mayor, Aldermen and Citizens of the City of
Montreal, at all times hereafter, sliall and nuiy have power
and authority to purchase, take, acquire and hold by will,
gift or otherwise, lands, tenements, real and immovable

Corporation
emi)owered to
OHtablisii and
maintain a
lIouBoof IndiiK-
try In tlio city,
nndtoniakuKy-
iawH for its gov-
ernance.

<'orp'oration to
have power to
uciitilrc and
hold property
for tliepnrpoNOH
of the Institu-
tion.

160

CITY CHARTER AND OTHER ACTS.

estates, rents, usufructs, servitudes and hereditaments, and
to erect houses and buildings thereon for the use and pur-
poses of the said House of Industry in the f-ty 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
acquired by them for the purposes of the said House of
And to alienate Industry ; but ih case the said Mayor, Aldermen and Citizens

tlio samo and „ , X. n ■%*■ i i n n if i p

acqiiiro other of the City of Montreal, shall so sell and dispose thereoi, or
of any part thereof, they shall, as soon as may be convenient
thereafter, apply the proceeds thereof to the purposes of the
said Institution, by the purchase of other lands and tene-
ments, real or immovable estate, more fit and proper for
promoting the permanent establishment thereof.

Public Act. 6. This Act shall be deemed a Public Act.

CITY CHARTER AND OTHER ACTS.

161

its, and
nd pur-
ontreal,
sreafter,

by this
is of the
lased or
louse of

Citizens
lereof, or
)nveiuent
es of the
md tene-
roper for

(24 Victoria, Cap. 84.)

An Act to incorporate the Montreal City Pas-
senger Kailway Company.

(Assented to ISth May, 1861.)

WHEREAS the persons hereinafter named have, by
their petition, prayed that they may be incorporated
under the title of " The Montreal City Passenger Railway
Company," for the purpose of constructing and operating
Street Railways in the City and Parish of Montreal ; " And
whereas it is expedient to grant the prayer of the petitioners :
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Council and Assembly of Canada, enacts
as follows :

1. William Molson, John Ostell, William Dow, Johnston
Thomson, William Macdonald, John Carter, Thomas Ryan,
William E. Phillips, and such other persons as shall become
shareholders of the said Company, are hereby constituted a
body corporate and politic, for the purposes herein mentioned,
by the name of " The Montreal City Passenger Railway
Company of Montreal."

2. The capital stock of the Company shall be three hundred
thousand dollars, in shares of fifty dollars each.

3. The Company may commence operations and exorcise
the powers hereby granted so soon as one hundred thousand
dollars of tliu capital stock shall be subscribed, and twenty
per cent, thereon paid up.

4. The Company are hereby authorized and empowered
to construct, complete, maintain, and from time to time
remove and change, a double or single track iron railway,
with the necessary side tracks, switches and turn-outs, and
other appliances, for the passage of cars, carriages and other
vehicles and particularly those adapted to the same, upon and

Preamble.

Incorporation
of the Com-
pany.

Capital.

When the Com-
pany may com-
mence.

Comi)any may
conHtriiut and
work n Street
Kailway by
animal |iower.

162

CITY CHARTER AND OTHER ACTS.

May U80 tho
streets and
highways, sub-
ject to the B."
law on tho sub-
ject.

along any of the streets in the City of Montreal, mentioned
in the By-law of the Corporation of the City of Montreal,
numbered two hundred and sixty-five, and in conformity with
the said By-law, and upon and along any other streets in the
said city which they may be authorized to pass along by any
subsequent By-law of the said Corporation, and with the divi-
sions and subject to the limitations set forth and provided by
the said By-law, or by any such subsequent By-law, and
upon and along the highways in the Parish of Montreal, lead-
ing into the said streets and contiguous thereto, or any of
them ; and to take, transport and carry passengers upon the
same, and to construct and maintain all necessary works,
buildings and conveniences therewith connected ; and to use
and occupy any and such parts of any of the streets or high-
ways aforesaid as may be required for the purpose of their
railway track and the laying of the rails and the running of
their cars and carriages ; but the Company shall not be per-
mitted to use steam power upon the said railway.

5. The rails of the railway shall be laid flush with the
streets and highways, and the railway track shall conform
to the grades of the same so as to offer the least possible
impediment to the ordinary traffic of the said streets and
highways ; and the gauge shall be such that the ordinary
vehicles now in use may travel on the said tracks, which it
shall and may be lawful for them to do, provided they do not
interfere with or impede the running of the cars of the Com-
pany ; and in all cases, any carriage or vehicle on the track
shall give place to the cars by turning off the track.

6. The affairs of the Company shall be under the control
of and shall be managed and conducted by a Board to con-
sist of five Directors, each of whom shall be a stockholder to
an amount of not less than five hundred dollars, and shall be
elected on the first Wednesday of November of every year
at the office of the Company ; and all such elections shall be
by ballot, by plurality of the votes of the stockholders present,
each share to liave one vote and stockholders not personally
attending may vote by proxy ; and the Directors so chosen
shall, as soon as may be, elect one of their number to be Pre-

Not to use steam
power.

Railway to be
flush with the
streets.

Hoard of Direc-
tors.

<jualilication.

Kloction.

CITY CHARTER AND OTHER ACTS.

163

ntioned
ontreal,
ity with
a in the
; by any
the divi-
rided by
law, and
3al,lead-
r any of
upon the
y works,
ad to use
3 or high-
3 of their
unning of
ot be per-

with the
[1 conform
it possible
reets and
I ordinary
I, which it
Ley do not
the CoTO-
the track

Vacancies.

First Directorii.

Directors to
make By-laws
for certain
purposes.

sident, which President and Directors shall continue in office
one year and until others shall be chosen to fill their places ;
and, if any vacancy shall at any time happen of the President
or Directors, the remaining Directors shall supply such
vacancy for the remainder of the year.

7. The said William Molson, John Ostell, William Dow,
Johnston Thomson, and William Macdonald, shall be the first
Directors of the Company, and shall severally hold their
offices till the first Wednesday of November next after the
Company goes into operation.

8. The Directors of the Company shall have full power
and authority to make, amend; repeal and re-enact all such
By-laws, rules, resolutions and regulations as shall appear to
them proper and necessary, touching the well ordering of the
Company, the acquirement, management and disposition of its
stock, property and effects, and of its affairs and business,
the entering into arrangements and contracts with the said
city or the adjoining municipalities, the declaration and pay-
ment of dividends out of the profits of the said Company, the
form and issuing of stock certificates, and the transfer of
shares, the calling of special and general meetings of the Com-
pany, the appointment, removal and remuneration of all
officers, agents, clerks, workmen, and servants of the Com-
pany, the fares to be received from persons transported over
the railway or any part thereof, and in general to do all
things that may be necessary to carry out the objects, and
exercise the powers incident to the Company.

9. The stock of the Company shall be deemed personal
estate, and shall be transferable in such Avay as the Directors
shall by By-law direct.

10. If the election of Directors bo not made on the day
appointed by this Act, the Company shall not for that rea-
son be dissolved ; but the stockholders may hold the election
on any other day in the manner provided for by any By-law
passed for that purpose ; and all acts of Directors, until their
successors are elected, shall be valid and binding upon the
Company.

General
powers.

stock deemed
personal estate.

('ompanv not
disKoivea for
want of clec*
tion.

164

CITY CHARTER AND OTHER ACTS.

Power to ac-
quire real
estate.

Tower to bor^
row 9100,000
upon Deben-
tures.

Frovlso.

I'lie citjr and
adjoining
municipalities
may agree with
the Company as
to oertafu mat-
ters.

City and muni-
cipalities may
pass By-laws for
giving effieot to
such agreement.

11. The Company may purchase, lease, hold, acquire and
transfer all real or personal estate necessary for carrying on
the operations of the Company.

12. The Directors of the Company may, from time to time,
raise or borrow, for the purposes of the Company, any sum or
sums not exceeding in the whole, one hundred thousand dollars
by the issue of bonds or debentures, in sums of not less than one
hundred dollars, on such terms and credit as they may think
proper, and may pledge or mortgage all the property, tolls
and income of the Company or any part thereof, for the
re-payment of the moneys so raised or borrowed and the
interest thereon : Provided always, that the consent of three-
fourths in value of the stockholders of the Company, shall be
first had and obtained at a special meeting to be called and
held for that purpose.

13. The said city and the adjoining municipalities or any
of them, and the 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 the
paving, macadamising, repairing and grading of the streets
or highways, and the construction, opening of and repairing
of drains or sewers, and the laying of gas and water pipes in
the said streets and highways — the location of the 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 — the amount of license to be paid by the Company
annually — the amount of fares to be paid by passengers —
the time within which the works are to be commenced —
the manner of proceeding with the same and the time for
completion — and generally for the safety and convenience 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

OITY CHARTER AND OTHER ACTS.

165

city and the said municipalities are hereby authorized to pass
any further By-law or By-laws, and to amend, repeal and
enact the same for the purpose of carrying into 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 adjoining obedience there-
to, — and also for facilitating the running of the Company's
cars, and for regulating the traffic and conduct of all persons
travelling upon the streets and highways through which the
smd railway may pass ; Provided also, that no such further
By-law or By-laws shall infringe upon the privileges granted
to the said Company by the said By-law, number two hun-
dred and sixty-five, and by this Act.

15. This Act Jiall be deemed a Public Act. public Act.

166

CITY CHARTER AND OTHER ACTS.

ACTS 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 follows : ' *

Power to Ke- 1. Where any person is charged before the Recorder of

corders to try ., •.! i • -ix i

persons guilty any City With having committed —

an amount not 1. Simple larceny, and the value of the whole of the pro-
doiiar, &c. perty 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

i' 4. With having committed an aggravated assault, by un-
lawfully and maliciously inflicting upon any other person,
either with or without a weapon or instrument, any grievous
bodily harm, or by unlawfully and maUciously cutting, stab-
bmg 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 Recorder
be sufficiently punished by a summary conviction before him
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.

167

mary ''
a cer-

t of the
,, enacts

order of

the pro-
3nt of

"rom the

;, by un-
person,
grievous
ng, stab-

Accused to 1)0
asked whether
ho consents to
the charge
being tried
summarily.

6. With having assaulted any magistrate, bailiff, or coni-
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
charged as aforesaid proposes to dispose of the case summarily
under the provisions of this Act, such Recorder, after ascer-
taining the nature and extent of the charge, but before the
formal 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 which
it could soonest be tried) ;" and if the persoii charged con-
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 whether he is guilty or not of such charge ;

3. If the person charged confesses the charge, the Re-
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 offence ; but if the person charged says
that he is not guilty, 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 to such charge,
and if he states that he has a defence, the Recorder shall
hear such defence, 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 lie consents ;

And admits \\i^
guilt;

Or if he pleads
not guilty.

If convicted.

168

CITY CHARTER AND OTHER ACTS.

Piinlnhmcnt.

Form of con-
viction, &c.

If not proved,
tliR case to be
(lismiascd.

Wlicn the case
may bo dealt
with in tlie
ordinary way.

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 offence not
proved, he shall dismiss the charge, and make out and
deliver 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 appears to the Recorder
that the offence 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-
ment rather tban to be disposed of summarily, such
Recorder shall tleal 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. 6.

9. Where any person is charged before any Recorder
with simple larceny of property 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 suflScient to put the
person charged on his trial for the offence charged, such
Recorder, if the case appear to him to be one which may
properly be disposed of in a summary way, and may be

Wlion the Re-
corder may dis-
migg tlie case
witliout con-
victing.

> How Recorder
to proceed
when certain
larcenies ex-
ceeding one dol-
lar are deemed
fit to be dealt
with sum-
marily.

CITT CHARTER AND OTHER ACTS.

169

if the
on and
corder
to the
isoned,
seeding

ily may
1 eflfect.

ice not
)ut and
lis hand

rged he
nined by
lecordev
Dnviction
Recorder

circum-
►y indict-
ly, such

,8 if this

2 V.,c.

rder is of
;h render
[smiss the
20 V.,

(Recorder
[alue one
;eny as a
|he prose-
put the
jed, such
|hich may
may be

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 Y., c. 27, s. 3.

10. The Recorder shall then ask whether he is guilty or
not of the charge, and if such person says that 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.,

If the accused
admits his guilt,
he may be con-
victed and sen-
tenced forth-
with.

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 charge, 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
in 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 recogmzance
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 Y., c. 27, s. 4.

13. Every summons issued under this Act may be served
by delivering a «opy of the summons to the party summoned,
or by delivering a copy of the summons to some inmate of

w ♦

Accused person
allowed full de-
fence, &o.

Recorder may
compel attend-
ance of wi(-

Summonsei,
how served.

170

CITT CHARTER AND OTHER ACTS.

VTben the oon-
aent of the par^
tj charged to bo
tried by tho Re-
corder not re>
quisite.

When consent
to be so tried
not necessary in
the case of sea-
Akring men.

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 bu deemed to
have been duly summoned. 22 Y., 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 of any disorderly house, house of ill fame or
hawdy house, shall be absolute, and 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 ^d 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 within the City of Quebec as
limited for the puiposes of the Police ordinance, or within the
City of Montreal as so limited, with the commission therein
of any other of the oflfences mentioned in the last preceding
section, and such jurisdiction shall not depend on the consent
of any such party to be tried by the Recorder, nor shall such
party be asked whether he consents to be so tried. 22 V.,
0. 27, s. 2, No. %—See 2 V., c. 2, L. C.

16. In any case summarily tried under the fourth, fifth,
sixth or seventh sub-sections of the first section of this Act,
if the Recorder finds tho 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 exceeding, with the costs in
the case, one hundred dollars, or to both fine and imprison-
ment, 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-
deiniiefl 'in addition to any other imprisonment on the same
cou.icti n) to be committed to tho Common Gaol, for a fur-
ther period not exceeding six months unless such fine bo
sooner paid. 22 Y ., o. 27, s. 2, No. 8.

Punishment
in cases sum-
marily tried
under the 4th
to the 7th sub-
sections of sec-
tion one.

LarytBff ilne.

lapriMnment
tr not paid.

tho

CITY CHARTER AND OTHER ACTS.

171

17. In such cases as last aforesaid, the forms given at
the end 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 be subject if the fine be not sooner paid. 22
v., c. 27, 8. 2, No. 4.

18. Where any person is charged before any Justice or
Justices of the Peace, with any offence mentioned in 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 Superintendent of the Police of the
nearest city, or before the nearest Police Magistrate, in like
manner in all respects as a Justice or Justices are authorized
to remand a party accused under the general Act respecting
the duties of Justices of the Peace out of sessions in like cases.
20 v., c. 27, 8. 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 Superintendent 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. 6.

20. Any person 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 furihor examination before the Inspector and
Superintendent of the Police or tho Police Maaiistrato of any
city, may bo examined and dealt with by the Recorder of
tho same city. 20 V., c. 27, s. 6.

21. If any person suffered to go at large upon onLoring
into such recognizance as the Justice or Juotices are autho-

Forms mity b«
altered to suit
the last scctluD

When J. 1'.
may remand
accused party
to be dealt with
by a Recorder,

But within U.
C. or L. (!., aa
the case may be.

Such party may
1)0 dealt with by
tho Kocorder or
I'olico Magi*-
trate.

rroooodinft* il
iinrty remanded
iUll tu appear

172

CITY CHARTER AND OTHER ACTS.

pursuant to ro- rizod undor tho last mentioned Act to take, on the remand of
a party accusod conditioned for his appearance before a
Recorder under tho preceding sections of this Act, does not
afterwards appear pursuant to such recognizance, then the
Recorder before whom he ought 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 other recognizances, and such
certificate shall be deemed sufficient primd facie evidence of
such non-appearance. 20 V., c. 27, s. 6.
Convictions 22. Tho Rccordcr adjudicating under this Act shall trans-

ccwdinga^uifdor mit tho conviction, or a duplicate of a certificate of dismissal,
returned to with the written charge, the depositions of witnesses for the
prosecution and for the defence, and tho statement of the
accused, to the next Court of Quarter Sessions for tho 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.

23. 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 restitu-
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 (^ourt, shall bo posted
or affixed by the Clerk of the said Court upon the outside of
some conspicuotis part of tho building or place where the
same is held. 20 V., c. 27, a. 9.

Copy of such
conviction to
be evidence.

Restitution of
tlio propiTtv
■tolon Miny do
ordered.

Ri>corder's
Court to be an
open public
Court.

CITY CHARTKR AND OTHER ACTS.

178

26. Tho provisions of the Act respecting the duties of
Justices of tho Peace out of session, in relation to summary
convictions and orders, and the provisions of the Act respect-
ing the duties of Justices of the Peace out of sessions in rela-
tion to persons charged with indictable offences, shall not bo
construed as applying to any proceeding under this Act. 20
v., 1. 27,8. 10.

27. Every conviction by a Recorder under this Act shall
have tho same effect as a conviction upon indictment for the
same offence would have had, save that no conviction under
this Act shall be attended with forfeiture. 20 V., c. 27, s. 11.

28. Every person who obtains a certificate of lismissal or
is convicted under this Act, shall be released from all further
or other criminal proceedings for the same cause. 20 V., c.
27, 8. 12.

29. No conviction, sentence or proceeding under this Act
shall be (piashcd 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 tho offender has
been convicted, and there be a good and valid conviction to
sustain the same. 20 V., c. 27, s. 13.

80. Tho Inspector and Superintendent of Police for the
City of Quebec, the Inspector and Superintendent of Police
for the City of Montreal, and tho Police Magistrate for any
city in Upper Canada, sitting in open Court, may respectively,
in the case of persons -iiargcd before them, do all acts by
this Act authorized to be done by llecorders ; and all the
provisions of this Act referring to llecorders and llecorders'
Courts und tho Clerks of tho Recorders' Courts, shall bo
read and construed also as referring to such Inspectors and
Superintendents of tho Police and Police Magistrates and the
Courts and the Clerks of tho Courts held by them respec.
tively, and us giving them full power to do all acts authorized
to be done by Recorders in the case of persons charged
before tliem respectively. 20 V., c. 27, s. 14.

81. All tlie jurisdiction and powers vested in the Recorder
of any city are hereby conferred upon and vested in any two
or more Jtistices of tho Peace for any district in Lower

Tho Acti rc-

HpOCtillK (IlltlOM

ot <l. I'H. not to
iipply to pro-
cci'din^K uiitlur
thin Act.

Kflbctofcoiivlc-
tioii uniler IIiIh
Act.

A cortillcato of
(liHniiHflnt or u
convictliin, a
bar to fiirlliRr
procoediiigH.

Convict ioim,
&c., not to li<>
(lunxlioil for
wttut of form.

.TiirlHdiction of
ItccordiTH ex-
li'ndcd to In-

HIH.'CtorH of

l'oli(!i> iind
I'olico MagiH-
trutc'8.

I'owcfd of Ho.
ciirdcr vented In
two .J. I'h.— or
In Hiicrinii, Ac
In L. <;.

174

CITT CHARTBR AND OTHER ACTS.

Slicrifik exer-
cising Jurisdic-
tion as aforesaid
to be attended
by certain offi-
cers.

Canada when present at the chef-lieu thereof, and there sit-
ting in open Court, aiiu upon and in the Sheriff of any district
in Lower Canada, (other than the Districts of Quebec and
Montreal,) and upon and in any Deputy Sheriff in the Dis-
trict of Gasp^, sitting in open Court ; But the jurisdiction and
powers aforesaid shall not be exercised by any two or more
Justices of the Peace or Sheriff 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 Sheri£& of such districts as aforesaid in Lower
Canada, or any Deputy Sheriff in the District of Gasp^, when
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
the 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
jurisdictions, of any one or two Justices of the Peace, as the
case may require. 22 V., c. 27, s. 9.

84. Nothing in this Act shall affect the provisions of the
Act, Respecting the Trial and Ptmishment of Juvenile
offenders ; and this Act shall not extend to persons punish-
able under that Act, so far as regards offences for which such
persons may bo punished thereunder. 20 V., c. 27, a. 15.

85. 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 ha"

liccordera of
Quebec and
Montreal de-
clared to bo
J. !•».

This Act not to
extend tu Act
respecting
Juvenile
olR>nderH.

I'aymcnt and
a|i|ilicatlon of
Hues.

OITT CHARTER AND OTHER ACTS.

176

here sit-

f district

»bec and

the Dis-

cdon and

or more

mtil such

es of the

matters,

. 22 V.,

in Lower
sp^, when
lall be as-
le Peace,
stricts re-
Peace in
attended,
le same or
e for each
3urt of the
^ct and of

Montreal
eir offices,
which the
th all the
respective
ice, as the

imposed the same, or to the Glork of the Recorder's Court
or 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 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 held 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
Court House in such district, or to be by him added to tbe
moneys and fees collected by him for the erection of a Court
Kov^e and Gaol in such district, so long as such fees shall
be collected to defray the cost of such erection. 22 Y., c.
27, s. 8.

S6. In the interpretation of this Act " property " shall be intorpretauon
construed to include every thing included under the words
" chattel, money, or valuable security," as used in the Act
respectmg offences against Person and Property ; and in
case of any " valuable security, " the value of the share,
interest or deposit to which the 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 bo the value of
such security. 20 V., c. 27, s. 16.

ons of the
Juvenile

ns punish-

which such
27, 8. 15-
this Act

of Police,
who has

176

CITY CHARTER AND OTHER ACTS.

FORM (A). See s. 5.

it: (

CONVICTION.

To wit

Be it remembered that on the day of ,

in the year of our Lord , at , A. B.,

being charged before me the undersigned , of the said

city, and consenting, to my deciding upon the charge summa-
rily, is convicted before me, for that he the said A. B., &c.,
(^stating the offence, and the time and place when and where
committed^ ; and I adjudge 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,]

FORM (B). See a. 6.

CERTIFICATE OP DISMISSAL.

To wit : I

1, the undersigned, , of the City

of * , certify that on the day of

in the year of our Lord , at

aforesaid, A. B., behig charged before mo and consenting
to my deciding u|X)h the charge summarily, for that ho the

CITY CHARTER AND OTHER ACTS.

177

said A. B.,,&c., (stating the offence charged^ and the time
and place when and where alleged to have been eommitted^^
I did, having summarily adjudicated thereon, dismiss the
said charge.

Given under my hand and seal, this
day of • , at aforesaid.

J. S. [L. S.]

FORM (C). See s. 10.

CONVICTION UPON A PLEA OP GUILTY.

To wit :

Be it remembered that on the day of ,

in the year of our Lord , at , A. B.,

being charged before me the undersigned , of the said

city, for that he the said A. B., &c., (stating the offence^
and the time and place when and where committed,^ and
pleading guilty to such charge, ho is thereupon convicted
before me of tho said offence ; arxl i adjudge him the said
A. B., for his said oflFcnce, to be imprisoned in the
(and there kept to hard labour) for the space of

Given under my
above mcnlioncd, at

hand and seal, the day and year
aforesaid.

first

J. S. [L. S.]

178

CITY CHARTER AND OTHER ACTS.

Fenons of not
mora than 16
yean of age,
oommitting cer-
tain offbnces,
majr bo summa-
rilf convicted
b)r two Justices.

If oflbnoe not

E roved, case to
B dismissed.

Form of oertifl-
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 ad
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 period 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 terra 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 i > the party charged,
a certificate under the hands of such Justices stating the
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 following :

0IT7 CHARTER AND OTHER ACTS.

179

hinent

nt of the .
enacts ad

or having
•, abettor,
nee which
and whose
ommission
bice before
nentioned,
on thereof,
3of, before
in Lower
Upper
House of
there to
term not
1 Justices,
ity dollars,

such case,
xpedient to
ty charged
or without
ty charged,
stating the

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 , a« 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 hriejly the particular 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 case may be
charged has made his defence, that the charge is from any Jusu'ces tKtnk
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 give
proceeded against under this Act, before such person is asked tho option «>f a
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 what you wish 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
had not been passed. 20 V., c. 29, s. 2.

6. Any two or more Justices of the Peace, for any district I'ower to.i. f«

trial by Jury

effect set

• x /^j /• 'i i. ,.• p to hear and d^

in Lower Canada, or tor any city, county or utuon of coun- termiue.
ties in Upper Canada, sitting in open Court, before whom
any such person, as aforesaid, charged with any offence made

180

CITY CHARTER AND OTHER ACTS.

Same power to
Ilocorder, &c.,
and certain
other flinotion-
arieg.

punishable under this Act, is brought or appears, may hear
and determine the case under the provisions oC this Act.
20 v., c. 29, s. 3.

7. The Recorder, Inspector and Superintendent of Police,
of either 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
Gaap^, any Judge of a County Court in Upper Canada,
being a JusticiD of the Peace, any Recorder of a city in
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, s. 3.

8. The Sheriflfe of such districts as aforesaid respectively,
and any Deputy Sheriff in the District of Gasp6, when sitting
or acting under the provisions of this Act, shall bo assisted,
attended and obeyed by the Clerks of the Peace, Bailiffs,
Constables and other OflScers of such districts respectively,
in the same manner as Justices of the Peace in and for the
S£dd districts respectively would be assisted, attended and
obeyed by them respectively, .under the same or similar
circumstances ; and the Clerk of the Peace of 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.
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 whose 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

Sheriffs, when
»ittihK under
this Act, to bo
attended by
Clerks of the
Peace.

Certificate of
diemigeal, or
a conviction, a
bar to flirthor
proceedings.

Mode of com-
pelling appear-
ance of person
punishable on
summary con-
viction.

y hear
8 Act.

Police,
leriff of
ricts of
atrict of
Canada,

city in
' Police

Magi&-
iving by
3 by two
lin their
J charge
Mitained,

or more
this Act.

)cct3vely,
on sitting
assisted,
, Bailiffs,
pectively,
d for the
nded and
)r similar
jach such
irt of the
this Act.

smissal as
ithority of
r proceed-
to exceed
the oath
jace, such

CITY CHAllTER AND OTHER ACTS.

181

Justice may issue his summons or warrant to summon or to
apprehend the person so charged to appear before any two
Justices of the Peace, at a time and a place to be named in
such summons or warrant. 20 V., c. 29, s. 6.

11. Any Justice or Justices t)f the Peace, if he or they
think fit, may remand for further examination or for trial, or
suffer to go at large upon his finding sufficient 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
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 for 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
to time by any such Justice or Justices or Court to such
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,
shall be paid to the Justices who impose 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
defray the cost of such erection. 20 V., c. 29, s. 8.

Power to one
Juiitice to re*
mand or take
bail.

Condition of
recognizance.

Recot;nizancn
may be en-
larged.

Application
ot flues.

IMAGE EVALUATION
TEST TARGET (MT-3)

1.0

1.1

11.25

1^121 125
£> Lfi 12.0

Photographic

Sciences

Corporation

33 wnT MAIN STRUT

WIUTM.N.Y. 14SM

(7U) 173-4503

182

OITT CHARTER AND OTHER ACTS.

AnyJasticeof
the Peace m^r
■ommon wit-
;

And bind by
reoogniauiee.

Ineaaeofre-
ftiml, JuBtioe
may compel
attendance of
witness.

How summons
n^ayJlM served.

Form of con-
viellon.

15. Any Justice of the Peace shall, by summons, require
the attendance of any person as a witness 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
v., c. 29, 8. 9. .

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 Y., o.
29, s. 9.

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 aforesaid,
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. Evoiy 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 required 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 : \ day of , in the year of our

Lord one thousand eight hundred and > ^^

, in the District of ,

(county or united counties, &;c., as the cote may he) A.
0. is convicted before us, J. P. and J. R., two of Her

OITT dHARTBR AND OTHER ACTS.

188

of our
,at

\e) A.
If Her

Majesty's Justices of the Peace for the said district (&r «
city, &c.,) or me, S. J., Reicorder , of the

of yor 08 the ease may be")

for that he the su^ A. O. did (^specify the offence and the *
time and place when and where the tame was committedj as .
the case may he, but without 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 tho conviction shall be goad and effectual to all intents
and purposes. 20 Y., c. 29, s. 11.

20. No such conviction shall be quashed for want of form, conrtoHoni
or be removed, by certiorari or otherwise, mto any of Her defect, ao.
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 oommiu
convicted, and there be a good and valid conviction to sus-
tain the same.' 20 V., c. 29, s. 12.

2t. The Justices of the Peace before whom any person is conviotionsty
convicted under the provisions of this Act, shall forthwith to cieriu of the
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

OITT CHARTER AND OTHER ACTS.

Who sball make
Quarterly r*
turn, &o., to
the Provincial
Secretary.

No fDifeitnre
on eonrlotion.

But restitution
may be made.

Ifsueta pro*
perty is not
forthcoming,
*0.

The party so
ordered to pay
may be «aea,
*0.

Recovery of
ponaltlet.

Committal fbr
non-payment.

22. Each such Clerk of the Peace shall transmit to the
Provincial Secretary a quarterljc return of the names, oifences
and punishments mentioned in the convictions, with such other
particulars as may from time to time be required. 20 Y., c.
29, s. 13.

23. No conviction under the authority of tlus Act shall t>e
attended with any forfeiture ; but whenever any person is
deemed 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 byi instalments at such periods as the Court
deems reasonable. 20 Y., c. 29, s. 14.

' 25. The party so ordered to pay, may be sued for the samff
as a debt in any Court in which debts of the like amount may
be by law recovered, with costs of suit, according to the prac-
tice of such Court. 20 Y., 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 offender gives security to the satisfaction of such
Justices for his appearance on such day, and suc^ Justices may
take such security by way of recognizance or otherwise at
their discretion. 20 Y., c. 5^9, s. 16.

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, there to remain for any time not exceeding three
months, reckoned from the day of such adjudication ; such

CITY CHARTEB AND OTHER ACTS.

185

Exponaes of

groseoutioD,
ow to -be paid.

imprisonment to cease on payment of the said penalty. 20 Y;,
c. 29, s. 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 expenses
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. 16.

29. And although no conviction takes place, the said Jus-
tices may order all or any of the payments aforesaid, when
the^ are of opinion that the parties or any of them have
acted bond fide. 20 V., c. 29, s. 16.

80. 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
offender, shall be ascertained by and certified under the
hands of such Justices ; but the amount of the costs, charges
and expenses attending any such prosecution, to be allowed
and paid as aforesaid, shall not in any one caae exceed the sum
of eight dollars. 20 V., c. 29, s. 16.

81. 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

If thoro bo no
conviotion.

Amount of ex-
pon808, how
agoertained
and oortifled.

Orders fbr pay-
ment, how to bo
mado, and upon
whom.

186

OITT CHARTER AND OTHBR ACTS.

Proteetion of
persons acting
under this Act.

the same, the sum of twenty cents and no more, and shall be
made upon the Officer to whom fines imposed under the
authority of this Act arc required to be 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 the same on his behalf, the money in such order
mentioned, and shall be allowed the same in his accounts.
£0 v., c. 29, s. 17.

32. For the 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 purauance 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 vfl^ere the fact was committed, and shall be
commenced within three months after the fact committed, and
not otherwise. 20 V., c. 29, s. 18.

83. And notice in writing of such action or prosecution
and of the cause thereof, shall be given to the defendant,
one month at least, before the 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 evidence at any trial to be had thereupon. 20 V.,
0.29,8.18.

85. No plaintiff shall recover in any such action, if tender
of sufficient amends was made before such action brought, or
if a sufficient sum of money has been paid into Court after
such action brought by or on behalf of the defendant. 20 Y.,
c. 29, 8. 18.

86. If a verdict passes for the defendant, or the plaintiff
becomes non-suit, or discontinues any such action or prose-
cution after issue joined, or if, upon demurrer or otherwise,
judgment be ^ven 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,
s. 18.

Notice' in writ-
ing to be given
to deibndMit.

Defendant may
plead the gene-
ral issue.

If tender of
amends made,
plaintiff not
(0 reoorer, fto.

If tha defbnd*

antbesno-

otasftal.

OITT OHARTEB AND OTHER ACTS.

187

II be
the
I dis-
3 was

3 the
>med
order
mnts.

cution
leuced
of this
suit iti
ities in
hall be
ad, and

jecution
'endant,
e action

int may
special
20 V.,

tf tender
l)ught, or
lit after
20 V.,

plaintiff
lor prose-
Itherwise,
lant shall
Ithe same

\, c. 29,

CONSOLIDATED STATUTES— LOWER CANADA.

(Ghapt£b 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 Appointment of

. •' . Superintend-

Montreal, by a commission under the great seal, appoint fit enfeof Pouce.

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 Offices

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 udVpoint'
may, upon any vacancy in the said offices, by death, removal

or otherwise, appoint other fit persons as such Inspectors and
Superintendents, 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 Tobeexqffcfo

• , J J • xi i.' i< 1^ • Justioei or the

person so appomted may, dunng the contmuance of his Peaoe.
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
Contol. Stat, of Can.y c. 105, ss. 80, 81.

188

CITT CHARTER AND OTHER ACTS.

Oath to bo taken
on appoint-
ment.

Their powers
and authority.

To have the

Sowers of two
ustices of the
Peace.

Police Force
mav bo em-
bodied.

Duties of the
men composing
It.

2. Every person appointed Inspector and Superintendent
of the Police of the said cities, shall, before he begins to
execute the duties of his office, take the following oath before
a Judge of Her 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 the best of my skill and knowledge,
" execute all the powers and duties of a Justice of the Peace,
" under and by virtue of chapter one hundred and two of the
" Consolidated Statutes for Lower Canada." 2 V. (1),
c. 2, s. 2.

3. The Inspectors and Superintendents of the Police of the
cities of Quebec and Montreal respectively, shall be, in
virtue of their offices. Justices of the Peace for the criminal
districts in which the above cities are respectively situate,
and vested with_ all the powers and authorities within the
limits of their respective jurisdictions, of any one or two
Justices of the Peace as the case may require ; and all judg-
ments, convictions and decisions rendered by them respec-
tively shall have the same force and effect as if rendered by
one or two Justices of the Peace whose names are included in
the commission of the peace for the districts within which such
Inspectors and Superintendents of Police are respectively
appointed to act. 20 Y., 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 offenders 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

idle

CITT CHABTER AND OTHER ACTS.

189

Superintend-
ent may make
orders and re-
gulations for its
government.

Inspector and Superintendent of. the Police for the city for
which they are appointed, for conducting themselves in the
execution of their office. 2 V. (1), c. 2, s. 3.

5. Each of the said Inspectors and Superintendents of
Police may, from time to time, subject to the approbation of
the Provincial Secretary, make such orders and regulations
as they deem 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 and 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 pther 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
Police may, at any time, suspend or dismiss from his employ-
ment any man belonging to the said Police Force for his city,
whom he 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,
or other place for the sale of any liquors, whether spirituous
or otherwise, knowingly harbours or entertains any man be-
longing to the said Police Force, or permits such man to abide
or remain in his house, shop, 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 Y. (1), c. 2, s. 5.

7. Any man, belonging to the said Police Force, may,
during the time of his being on duiy, apprehend all loose,
idle and disorderly persons, whom he finds disturbing the

And may sus-
pend or diemiss
men composing

ronalty on vic-
tuallers, &c.,
harbouring
rolicemeu ou
duty.

Polioemon on
dutv may ap-
preliond loose
and disorderly
persons.

190

OITY CHARTER AND OTHER ACTS.

public peace, or whom he has just cause to suspect of any
evil designs, and all persons whom he finds lying in any i^eld,
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 Const^able in
attendance at the nearest watch-house, in order that such
person may be secured untU he can be brought before a
Justice of the Peace, to be dealt with according to law.
Ibid.y s. 6.

8. K any person assaults or resists any person belonging
to the said Police 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 ijxe Peace,
shall for each such offence, forfeit and pay such sum, not
exceeding five pounds, sterling money aforesaid, as the said
Justices think meet. Jlnd.t s. 7.

Penalty on per^
sons resisting
Police.

Application of
next sections.

Pruceedlnm as
regards disor-
derly persons.

OF THE POWERS OF JUSTICES OF 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 tha{ Act. 23 V., c. 61, s. 29.

10. Any Justice of the 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 sterling, and
in default of payment immediately or at the time appointed,
(as the case may be,) such persons shall be imprisoned in
the Common Gaol or House of Correction of the district or in
any 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, the imprisonment to cease upon payment
of the sum due :

OITT CHARTER AND OTHER ACTS.

191

I Munici-
, exceed-
sayment

2. But it shall be in the discretion of the Justice before Disoretion of

, 1111 'iiii'ii the Justice of

whom any person, apprehended as a loose, idle and disorderly the Peace,
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 Persons rofljg-
other means to maintain themselves and families, wilfully ^°'
refuse or neglect to do so, —

Persons openly exposing or exhibiting in any street, road. Exposing their
public place, or highway, any indecent exhibition, or openly
and indecently exposing their persons, —

Persons loitering in the streets or highways and obstructing obstructing -
passengers, by standing across the footpaths, or by using &o,;
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-
ways by screaming, swearing, or singing, — being drunk, and
impeding or incommoding the peaceable passengers, —

All common prostitutes or night walkers wandering in the Prosututw*,
fields, public streets or highways, not giving a satisfactory "
account of themselves, —

Persons in the habit of frequenting houses of ill-fame, not Frequenters of

. . « . i !• . 1 1 liouses of ill-

giving a satisfactory account of 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 thp first day of October to the
twenty-first day of March, —

192

CITY OHARTBR AND OTHER ACTS.

(j amblers—

Shall bo doomed
disorderly por-
song.

Jugtioo may ig.
8U0 gcarch war-
rantfi.

llow sucb per-
gons Rhall bo
puuighod.

Chargoa against
them /to bo in
writing.

Commitments
to gpccifV the
fitctgofthecase.

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 satisfactoi'y 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.
(1), c. 2, s. 10,-7 v., c. 21, s. 1, and 9 V., c. 23,-23
v., c. 61,s.29.

13. In all proceedings against loose, idle, and disorderly
persons, the charge shall 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 the 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, 8. 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.

108

lorderly
shall be
e party

same ;
le being

of the
equires.

' Correc-
I facts, as

to time, place and circumstance, which constitute the offender a

loose, idle and disorderly person ; and any commitment which

does not specify such facts, 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 authorised by kw to act

in the absence of such Judge. 7 V., c. 21, s. 6.

. 15. Any Justice of the Peace may commrb any person con- How cruelty to

. . „ . , ,,. . , 1/. animals oJiBll je

victed before him, by his own view or by the oath of one or puuished.
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 rroocodingg to
credible witness, before any .Justice of the Peace, with any poaranco of a

— .1111 1, • ,. , pcMon charsed

offence punishable by a penalty, on summary conviction under under thia 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 abode,) the

Justices, before whom he ought to have appeared, may either

proceed to hear and determine the case ex parte, or may issue

their warrant for apprehending such person, and bringing him

before them :

a. 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.

prosecutioua.

17. The Justices of the Peace by whom any person is con- certain time
victed and adjudged to pay any sum of money, for any offence for^ho nayment
against this Act, may adjudge that such person shall pay the

194

X3ITY CHARTER AND OTHER ACTS.

Application of
flnes imposed
under this Act.

same either immediately or within such period as thej 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 Y. (1), c. 2, s. 14.

18. All fines and penalties imposed for offences 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,s. 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 sufficient 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 Y., c. 21, e|. 4.

Appeals from
CO ur lotions
undor this Act.

rowers of In-
spectors of I'o-
ifco may bo
Axorolsed bjr
Recorders.

POWERS OF RECORDERS OF QUEBEC AND MONTREAL.

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 Rocorders, or when there is no
Recorder, and discharge the duties of that office. 19, 20 Y.,
c. 106, 88. 1, 4, 8,-14, 15 Y., c. 128, ss. 79, 82,-18 Y.,
c. 162, s. 15.

nor

EXPENSES OP THE POLICE IN QUEBEC AND MONTREAL.

Kxpentoi of
I'ouoo to b«

21. The Governor may pay, out of any moneys in the hands
of the Receiver General, not otherwise appropriated, such

CITT CHARTER AND OTHER ACTS.

195

sums as are required for the. maintenance of the Police under
this Act; and all salaries, allowances and contingent charges
in that hehalf 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 bo 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, undt?r this Act.
2 V. (1), c. 2,-14, 15 v., c. 25, s. 8, and 20 V.,
c. 124.

paid by the
Governor.

Additional Po-
lice for Harbour
in Montreal to
be paid by Har-
bour Commis-
sioners.

Account of Hiich

oxiienscH.

Payment of
Quebec Har-
bour I'olioe
provided foi.

196

CITY CHARTER AND OTHER ACTS.

What the word
uity shall in-
clude.

, INTERPRETATION.

24. For the purposes of this Act the word " eiti/ " or
'' cities j" as applied to the Cities of Quebec and Montreal,
wherever used in this Act, shall be held to denote the said
cities, together with such neighbouring districts as the
Governor has directed or may at any time direct by procla-
mation. 2 V. (1), c. 2, s. 19.

OF LABOURERS, SERVANTS, AND APPRENTICES FOUND GAM-
BLING, ETC.

Servants or ap- 25. If anyjoumeyman, day labourer, servant or apprentice,
EiTnK inta^r™8 plays at any game of cards, dice, skittles or any other game,

how punished. _ ,. xi. • • i i. i a

for money, hquor qr otherwise, m any house, out-house, apart-
ment or ground in the occupation of or belonging to any person
licensed to sell spirituous liquors by retail, or to keep a house
of public entertainment in Lower Canada, and such journey-
man, servant or apprentice be convicted thereof before a Jus-
tice of the Peace in the villages or country parishes, or before
the Justices of the Peace in their weekly sittings in the Cities
of Quebec or Montreal, by the oath of one credible witness,
or by confession, he shall forfeit and pay for every such
offence, a sum not exceeding four dollars, and not less than
one dollar ; and in default of payment of such fine or penalty
within six days, such journeyman, labourer, servant or appren-
tice shall be committed to the House of Correction for a space
of time not exceeding eight days, in discharge of such penalty
oa aforesaid :

2. Nothing in this section shall affect any provision of the
eighth chapter of these Consolidated Statutes relating to bil-
liard tables. 67 G. 8, c. IH, s. 10.

26. The Justice of the Peace, before whom any such case
is heard and determined, may award the cost which either of
the parties shall have to pay the other, ns they judge fit ;and
in case any person against whom any such costs are so award-
ed, does not pay the same within seven days next after they

Cap. 8 of thi'fo
Con. Stat
alfbctod.

not

Ijtuorction of
Justice as re-
gardr) coKtH.

CITY CHARTER AND OTHER ACTS.

197

of the
to bil-

ih case
lither of

\t ; and
J award-
jer they

have b( en so awarded, any such Justice or Justices of the
Peace, whether in or out of session, may issue a warrant of
distress for levying the same, by the seizure and sale of the
oflFender's goods and chattels. Ibid.^ s. 14. ,;

27. One moiety of every penalty imposed in virtue of the renaiHes, how
twenty-fifth section of this Act, shall belong to the informer,

and the other moiety shall make part of the Building and
Jury Fund of the district in which it is imposed, and shall
accordingly be paid over by the Justice or person receiving
it to the SheriflFof such district. 20 V , c. 44, s. 113, &c.

28. Upon every judgment under the said twenty-fifth sec- Appeals from

tion, by any Justices of the Peace, an appeal shall lie to the der sect 26
Justices of the Court of Quarter Sessions of the Peace for the
district where the judgment was rendered, upon which appeal
the full merits of the original complaint may be heard and
adjudged :

2. But the appellant, before the allowance of any appeal security for
as aforesaid, shall give good and sufiicient security to pay the
amount of the judgment appealed from, and costs as well on
the original complaint as on the appeal. 57 G. 3, c. 16, s. 12.

198

OITT CHARTER AND OTHER ACTS.

Thia Act to ap-
ply to Montreal
mid Quebec.

KjicIi city to
rorin a dlatinot
Miiiiicipniity.

AppniiitniPiit of
School ( 'omniis-
Rionerii.

Ill euKO of
ltoilur<> to
nppolnt.

CONSOLIDATED STATUTES—LOWER CANADA.

(Chapter 15.)
COMMON SCHOOLS.

SPECIAL PROVISIONS RELATING TO THE CITIES OF MONTREAL

AND QUEBEC.

(Sec. 128.) In each of the Cities of Quebec and Montreal
the provisions of this Act, with regard to the establishment
of Common Schools in each Municipality, shall have effect and
be applied, except in so far as it is otherwise herein provided ;
and all persons appointed or called upon to cany this Act into
effect in the said cities, shall have the same powers as the
corresponding functionaries in the Municipalities, by whatever
name they may be designated, and shall be subject to the
same obligations and penalties. 9 Y., c. 27, s. 40.

(129.) For all the purposes relative to the distribution and
apportionment of School Moneys, and for all other purposes of
this Act, where it is not repugnant to the other provisions
thereof, each of the Cities of Quebec and Montreal shall be
considered as one Municipality ; and it shall not be necessary
to divide them into School Districts, but each School estab-
lished by the Commissioners or put under their control by
virtue of and in accordance with this Act, shall be con-
sidered as a School District, and may be attended by chil-
dren from any part of the city. 9 V., c. 27, s. 41.

(180.) In Quebec and Montreal the Corporation shall
appoint twelve School Commissioners, six of whom shall be
Roman Catholics and six Protestants ; and such Commissioners
shall form two separate and distinct Corporations, the one for
the Roman Catholics and the other for the Protestants ; and
one-half of each of the said Corporations shall be renewed
annually by the said Corporation ; In case the Corporation of
the City of Quebec or that of Montreal refuses or neglects to
appoint such Commissioners or to renew them at the time pre-
scribed, that is to say, in the month of July in each year, the

OITT CHARTER AND OTHER ACT?.

199

Superintendent of Education shall appoint them ex-officio, with
the approval of the Governor in Council. 9 V.,c. 27, s. 42.

(131.) In the Cities of Quebec and Montreal, no rate No special
shall be imposed for the purposes of Common Schools, but th6 be levied, 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 to 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 cam city
such payment, the Board of Commissioners, or their Secre- fu«cg to pay.
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, 16 V., c. 97, s. 9.

(182.) The Corporations of the Cities of Quebec and An additional
Montreal may pay out of their funds an additional sum equal paid"by corpo^
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.

(188.) The City of Montreal shall be entitled to receive proportion of
out of the Common School Fund only one-fourth; and the afiowed to"^
City of Quebec two-thirds, of the sums they would without this Moutreal"
provision be respectively entitled to according to their popula-
tion. 9 v., 0. 27, s. 44.

(134.) The School Commissioners for Quebec and Montreal ruIo» ibr 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., o. 27, s. 45.

200

CITY CHARTER AND OTHER ACTS.

Preamble.

No pnblio mo-
noy to be paid
to any hospital,
unless it baa a
Small-poz
ward.

Certain cities
may employ
medical prac-
titioners to
vaccinate the
citizens, &o.

Proviso.

(24 Victoria, Cap. 24.)

An Act to provide for the more general adop-
tion of the practice of A^accination.

{Assented to 18th May, 1861.)

HER 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 payifaent 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 separate ward set apart for the exclusive accom-
modation of patients afflicted with Small Fox, has been filed
with, the Clerk of the Executive 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. Hyacinthe, 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 practitioners, 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.

OITT GHARTEB AND OTHER ACTS.'

201

3. Within three months after the passing of this 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 born 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 vaccinated 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 wliich 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

City to appoint
a couvpinciit
place ii) each
Ward for the
purpose.

Parent!", Ac,
bound to take
children to be
vaccinated.

And exhibit
thorn to the
medical prac-
titloiHT on
eighth day.

202

CITY CHARTER AND OTHUR ACTS.

Certificate of
siicce8AfliI Vac-
ciiiation to be
given.

medical practitioner may ascertain by inspection the result of
such operation.

6. Upon and immediately after the successful Vaccination
of any child bom in any of the said cities, after the said first
day of January, one thousand eight hundred and sixty-two,
the medical practitioner who performed the operation shall
deliver to the father or mother, or other person having the
care, nurture or custody of the said child as aforesaid, a
certificate under his hand, according to the form A, in the
Schedule to this Act, that the said child has been successfully
vaccinated, and shall also transmit a duplicate of the said
certificate to the Clerk of the city in which the operation was
performed ; and such certificate shall, without further proof, be
admissible as evidence of the successful Vaccination of such
child in any information or complaint brought against the father
or mother of such child, or against the person who shall have
had the care, nurture or custody of such child as aforesaid,
for non-compUance with the provisions of this Act.

7. If any medical practitioner appointed as aforesaid shall
be of opinion that ^ruy child brought to him as aforesaid is
not in a fit and proper state to be successfully vaccinated, he
shall deliver to the father or mother of such child, or the person
havmg the care, nurture or custody of such child as aforesaid,
on demand and without fee or reward, a certificate under his
hand, according to the form B, in the Schedule to this Act,
that the child is in an unfit state for successful Vaccination ;
and such certificate, or any ^milar certificate of a legally
qualified medical practitioner, respecting any child born as
aforesaid, shall remain in force for two months from its delivery
as aforesaid ; and the father or mother of the said child, or
the person having the care, nurture or custody of the said
child as aforesaid, shall, (unless they have within each
succeeding period of two months obtained from a legally quali-
fied medical practitioner a renewal of such certificate) within
two months after the deUvery of the said certificate as aforesaid,
and if .the said child be not vaccinated at or by the termination
of such period of two months, then during each succeeding period
of two months until such child has been successfully vaccinated,

If the child be
found unfit for
Vaccination.

Certifloate.

Ito-prcwintation
of the ciiild to
be repeated un-
til sueoeastbl
Vaoctnatlon.

CITY OUARTER AND OTHER ACTS.

•203

take or cause to be taken to the said medical practitioner, so
appointed as aforesaid, such child to be vaccinated by him ;
and if the said medical practitioner deem the said child to be
then in a fit and proper state for such successful Vaccination,
he shall forthwith vaccinate it accordingly, and shall, upon or
immediately after the successful Vaccination of such child, deli-
ver to the father or mother of such child, or person having the
care, nurture or custody of such child, as aforesaid, a certificate cortiflcmte.
' under his hand according to the form A, in the Schedule to this
Act, that such child has been successfally vaccinated ; but if
the said medical practitioner be of opinion that the said child
is still in an unfit state for successful Vaccination, then he shall *

again deliverto the fatheror mother of such child,or tothe per-
son having the care, nurture or custody of the said child, as afore-
said, a certificate under his hand, according to the form B, in the
Schedule to this Act, that the child is still in an unfit state
for successful Vaccination ; and the said medical practitioner,
so long as such child remains in an unfit state for Vaccination
and unvaccinated, shall, at the expiration of every succeeding
period of two months, deliver, if required, to the father or mother
of such child, or to the person having the care, nurture or
custody of such child, a fresh certificate under his hand, accord-
ing to the siud form B, in the Schedule to this Act ; and the Effbot of cortm-
production of such certificate, or of any similar certificate
from any legally qualified medical practitioner, shall be a suf-
ficient defence agunst any complaint brought against the
father or mother, or person having the care, nurture or custody
of such child, for non-compliance with the provisions of this Act.

8. In the event of any medical practitioner employed if the owid be
under the provisions -of this Act, or any other duly qualified tibioof"fie*vac-
medical practitioner being of 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 be a suffi-
cient defence against any complaint which may be brought

cine diseate.

204

CITY OHARTER AND OTHER ACTS.

Fees under this
Act.

Penalty for
non-compliance
with the re-
quirements of
this Act

against the father or mother, or person having the care, nur-
ture or custody of such child, for non-compliance with the
provisions of this Act.

9. In all contracts to be made under the provisions of this
Act, the sums contracted to be paid shall not be more than
twenty-five cents for eyery person successfully vaccinated,
including all or any of the certificates required by this Act.

10. If any father or mother, or person so having as afore-
said the care, nurture or custody of any such child as afore-
said, shall not cause such child to be vaccmated within the
periods prescribed by this Act, or shall not. on the eighth
day after the 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
mother, or person having the care, nurture or custody of
such child as aforesaid, so oflfending, shall be liable to a
penalty not exceeding five dollars, recoverable on summary
conviction before the Inspector and Superintendent of Police,
Police Magistrate, or Stipendiary Magistrate appointed for
the city in which the offence was committed, or if there be no
such officer, then 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 the 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 bo brought
against the same or any other person ibr non-complianc6 with
the 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 be in the 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.

Itcoovery.

How far and
when plea of
conviction
shall avail.

OITT OHARTEB AND OTHER ACTS.

206

SCHEDULE.

I Form A.

i(
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 , 186

A. B.

to a

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 vaccinate u, and I do here-
by postpone the Vaccination until the day of

Dated this

(Signed,)
day of , 186

A. B.

Form C.

' I, the undersigned, hereby certify that I am of 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.

(Aasented to 30th August, 1851.)

rrcambic. TTTHEREAS by far the greater number of the prisoners
Yr detained in the Common Gaol for the District of
Montreal, are persons charged with or convicted of crimes
and criminal offences com'mitted within the City of Montreal,
and it is therefore just and proper that the Corporation of
the said city should contribute towards defraying the ex-
pense of guarding the said Gaol: 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 Le^slative 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
counoiiof Hon- enacted by the authority of the same. That it shall be lawful
o?tii© siteriff to for and the duty of the Sheriff of the District of Montreal, on
expense of * the first juridical day in each of the months of March, June,
Raict uaoi. September and December in each and every year, beginning
with the month of December, next after the passing of this
Act, to furnish to the Clerk of the City of Montreal, for the*
informatio 1 of the Council of the said city, a statement in
writing of the probable expense of guarding the Common Gaol
for the District of Montreal during the three months then
next ensuing, over and above any sum of money applicable
for that purpose which he may have in hand at the time of

OTTT CHARTER AND OTHER ACTS.

207

furnishing such statement ; and the said Sheriff maj, hy his
warrant or warrants from time to time, require the Council
of the said city, out of the funds of the said city, to pay any
sum or sums of money not exceeding two-thirds of the sum
mentioned in the then last statement, and the Council of the
said city shall thereupon cause the said sum or sums of money
in the said warrant or warrants mentioned, to be paid to the
said Sheriff by the Treasurer of the- said city, within forty
days from the delivery of such warrant or warrants to the
Clerk of the said city : Provided always, that the sum and Provigo.
sums of money so to be required and received from the '

Council of the said city, for the purposes and in the manner
aforesaid, shall not in any one year exceed the sum of six
hundred pounds ; and that the application and expenditure
thereof shall be accounted for by the said Sheriff to. the
Council of the said city, on or before the last juridical day
of each of the months of February, May, August and Novem-
ber, in each and every year.

2. And be it enacted, That the Treasurer of the said Rccdpteaiui
city, at the time and times of making payment to the said payments nn-

ou -ir f V • J X u -J i. der this Act.

Sheriff 01 any sum or sums of money required to be paid to
him by this Act, for the purposes and in the manner afore-
said, shall sign and deliver to the said Sheriff a note in writ-
ing, specifying the sum or sums of money so paid, which
note shall be kept by the said Sheriff as a voucher for his
receipt of such sum or sums ; and the receipt of the said
Sheriff, specifying the sum or sums paid to him by the said
Treasurer as aforesaid, shall be a sufficient discharge and
voucher for such Treasurer, and shall be allowed as such, in
passing his accounts.

3. And be it enacted. That if after the lapse of forty Action given
days from the delivery of any such warrant or warrants to pay8bi"e"iK) "not
the Clerk of the said city as aforesaid, the sum or sums of certain tinu>.
money therein mentioned, or any or either of them, or any

part thereof, shall remain unpaid to the said Sheriff, an action
shall accrue to the said Sheriff, on behalf of Her Majesty, to
demand and have, of and from the said Corporation, to wit,
the Corporation of the Mayor, Aldermen and Citizens of the

208

CITY CHARTER AND OTHER ACTS.

City of Montreal, such sum or sums of money so remaining
unpaid as aforesaid ; and the cause of such action shall be
held to have arisen in the said City of Montreal, and the
statement or statements of the said Sheriff, so by him fur-
nished to the Clerk of the said city as aforesaid, in respect of
which the warrant or warrants for the amount of which,
either wholly or in part, any such action may be brought,
shall be sufficient primd facie evidence in the said action, of
the probable expense of guarding the said Gaol for the period
or periods mentioned in such statement or statements respec-
I'roviKo. tively: Provided always, that if and whenever it shall be

pleaded by the said Corporation, by way of defence in any
such action, that the said Sheriff hath not accounted to the
Council of the said city for the application and expenditure
of any sum or sums cf money paid to him by the Treasurer
of the said city, for the purposes and in the manner aforesaid,
under and by virtue of this Act, previous to the date of such
statement or statements, the burden of proving that he did
so account shall lie upon the said Sheriff; and in the event
of his failing to do so, the action shall be dismissed with costs
against the said Sheriff personally.

CONTRIBUTION TO BUILDING AND JURY FUND.

By the 15th section of chapter 109 Consolidated Statutes
of LoAver Canada, (12th paragraph,) it is provided that for
keeping in good repair the District Court Houses and Gaols,
erected or to bo erected, and for paying the Petit Jurors in
criminal cases in the same, there shall be, in and for each
such district a fund, to be called " The Building and Jury
Ytiiriv coiifi-i- Fund," which shall consist among other things of a yearly
Miiiiioipiiiitios; Contribution from each local Municipality in the district, Avhich
contribution shall be : forty-eight dollars yearly from the
local Municipality in which such Court House and Gaol are
situate — twenty-four dollars yearly from each other local
Municipality in the county in which such Gaol and Court Hous"
are situate, — and twelve dollars yearly from each other local
Municipality in the district ; subject to the following excep-
tions and provisions, that is to say :

CITY CHARTEU AND OTHER ACTS.

209

The local Municipalities or Corporations of the Cities of By Cities of
Quebec and Montreal shall each contribute double the aggre- Montreal,
gate amount to be so contributed by all the other local
Municipalities within the Districts of Quebec and Montreal,
respectively ;

By the 30th section of the same chapter (109), it is pro-
vided that : If at any time the ordinary funds of the Corpo- corporation of

•' •' *^ Quebcoor

ration of the City of Quebec or Montreal be insufficient to Montreal may

•' , impose a Hpccial

meet any contribution required to be made, under the provi- ™*geg"J,f^tM8
sions of this Act, or under the Act fourteenth and fifteenth A**- *>rJ,*' ^^

' v., C, Via.

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.

statutes
Ithat for
Gaols,
lurors in
)r each
kd Jury
yearly
\t, which
pom the
[iraol arc
;r local
ft Hous"
iicr local
oxcep-

210

CITY CHARTER AND OTHER ACTS.

Duty of Ag808-
sora in Lower
('anada.

Valuators or
A88Cfl8org in
L. C. to insert
certain matters
in their rolls.

18 v., 0.100.

I'ayments in
nroducp, ftc,
to be reckoned
part of the rent.

Valuation or
aniteMincnt rolli
to bo attested
on oath.

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 Y., c. 82, s. 5.

2. Notwithstanding anything in the Lower Canada Muni-
cipal and Road Act of 1855, 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 ;

8. 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 OTHER ACTS.

211

of any

than

its aro

stipu-

,— the

allow

Ition in

valu-

I under

or of

Tho oatli.

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 votera, as the case may 6e),
" 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, who 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 tho 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, entitlod
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 tho same period of the year at and
during which the original assessment was made ; and every
such revised and corrected assessment roll shalj be delivered
to the Treasurer or Secretary-Treasurer of the Municipality,
ill the same manner and within the same delay as the original
assessment-roll is re«iuircd to bo delivered.

11. The Clerk, or Treasurer, or Secretary-Treasurer of
every such city and of every such local municipality, shall,
immediately after tho assessment-roll has been received by

Dofbrc whom to
bo made.

FalMo Rtatcnioni
to be nerjury.

AsspsHorn to re-
viMoand corwoi
ascoHHiucnt roll
every year, &e .
In certain rei>-
poots.

At what lime.

To whom to \m
(loltvcn>ii.

ThnClerkof the
Miinici|iallty to
make a lint ol
nemouN i|H«II.
hwl.to vote, ill)"-

212

CITY CHARTER AND OTHER ACTS.

ttngiiUhliiK t4!ii-
iiiitH IVoin own-
CTB, &e.

Sopamto Huts
for oBcli Ward
in cities.

ri'0C«H<(Iillg8

wlieii 11 Miinioi*
pnlity la partly
III <>iio I'loctoral
(tivisioii and
partly in
niiotlicr.

Clorlc. Ac, to
fortify on oati»
of tlio corrpct-

nPR8Of8U0lllil>t,

Ac.

hiiplicatototlie
ItcRiRtrarof tlie
county.

Lint to l)C re-
vidod, Ac,
yearly.

< 'opy to bo
|M>»t(>d 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 qualified, under this Act, to vote
at elections of members of the Legislative 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 fir 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 electoral division
and partly \n 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 porsonw
on the assessment-roll who are entitled to vote in respect of
real property situate in each of such electoral divisions
respectively ;

8. 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 a^
annually revised and corrected by the Assessors ;

5. A copy of every such list shall bo 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

CITY CHARTER AND OTHER ACTS.

213

original when 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 be revised and corrected ; and
application may be 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 Board established by law for revising the list or lists of
municipal electors or voters, such Board), shall be a Board
for revising the list of voters, and application may bo 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 ;

8. 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 fiave the effect of giving the right of voting to
a person not otherwise entitled to vote : And the said Board
or other authority shall detormit»e such complaints in tho
manner, and with tho formalities appointed with regard to
the complaints referred to in the following section.

IH. If any person deems himself aggrieved either by the
insertion or omission of his name in any such list, he shall,
cither by himself or his agent, give notice thereof in writing
to the (Jlerk or Secretary-Treasurer of the city or munici-
pality, within the period aforesaiil, stating gonerully in what
manner, and for what reasons he holds himself aggrieved ;
and the coinplaint shall bo tried and determined by the said
Board or authority at such time and i)laceas it shall ap|)oint,
of which reasonable notice shall be given to the complainant
and to tlie Assessor or Assessors who made the roll. 22 V.,

Lint Hlll)Jl>Ct to

rovlHlon, Biiil
by whom.

In placoB other
than citiuH.

In cities.

Hoard may c.or-
roct over vahia-
tion, if it would
g\vo n votv to n
party not other-
wiM) eiitilli'd.

How pcrnonH
docmiiiK thcni-
HelvcHiijtKrlcvod
with rcRiird to
8uch llNtii, ithall
procood.

C. 82, S. T).

214

OITT CHARTER AND OTHER AOTS.

I'orsonsoinitted
fW>in tho list l>o>
cause tlioy aro
not on tlie as-
Hossmont roll,
&c., may com-
plain and ap-
ppttl.

If any person
<>nti>red on the
lixt is objected
to ; or any per-
son Is omitted
who is alleaed
to bo <|iialiHed.

Notice to par-
ties.

Board, after
hparing parlies,
final ly to deter-
mine, &o.

rroreedinfts of
the Kevising
Board on auy

2. And whenever the name of any voter entitled to have
his name entered on the valuation or assesament roll, or on
the revised valuation or assessment roll, is omitted from the
list of voters, in consequence of its having been omitted from
any such roll or revised roll, such person shall have the same
right of complaint and of appeal in order to have his name
placed on the said list of voters, as if it had been omitted
from the daid list after having been inserted in such roll or
revised roll. 22 V. (1859), c. 10, s. 6.

8. If any person, being himself a voter whose name is on
the list, thinks that the name of any other person also entered
thereon ought not to have been so entered because such other
person is not duly qualified as a voter, — or thinks that the
name of any other person not entered thereon should bo so
entered because such person is duly (|Ualified as an elector,
he may file a complaint to that effect with the Clerk or
Secretary-Treasuiier of the city or municipality within the
period aforesaid, stating his complaint and the grounds
thereof, and the complaint shall be tried and determined by
the Board or authority aforesaid 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 assessment roll, and to the person the entry of whose
name on the list is objected to, if he' resides within the limits
of the city or municipality (and, if not, such notice shall bo
openly posted up in the office of the said Clerk or Secretary-
Treasurer for the information of all concerned), or to the
person whose name is not entered on the said list, but ought
to be entered thereon if the complaint be admitted ;

4. At the time and place so appointed as aforesaid, or any
other time and place to which the hearing may be adjourned
the sud Board or authority shall, after hearing such of the
parties notified as aforesaid as then and there appear, orwi)^
out hearing any of them who fail so to appear, finally del or-
mine the complaint and affirm or amend the said list by
entering thereon or erasing therefrom the said names, as after
such hearing they think right ;

6. The said Board or authority shall hear and determine
any such complaint as aforesaid, and correct the list of voters

OUT CHARTER AMD OTHER AOTS.

215

Irmmc
iroters

according to such determination, and may adjourn the hearing
in any case at pleasure, and may examine any party or any
witness adduced by 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 ability, 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, within
eight days after such decision has been given, ftppcal there-
from to the Superior or Circuit Court at its place of sitting
in the Municipality or nearest thereto, by a petition setting
foi'th briefly the grounds of appeal, and shall serve a copy of
such petition on the Clerk or Secretary-Treasurer 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 pow ti
and authority to hear and determine such appeal in a sum-

such complaint,
and tlioir now-
ern to docitlc,
fto.

Evidonco—
UatliH.

WitncsRos
compollablo to
attend, Sco.

Such proceed-
iUKM to bo suni-
mary, &c.

Appeal given
from thu Itevix-
iiift Ituard to
the Superior or
Circuit Court,

Judge to hear
and determine
on luoh appeal

216

CITY CHARTER AND OTHER ACTS.

in a gummaiy
way.

His powen for
tliat purposo.

HiH decision to
boflual.

Costs of appeal,
iiow and against
Miiom taxable.

As to evidence.

Appeal not to
aft'ect parts of
list not appeal-
ed from.

List finally re-
vi.'ied to bo re-
turned and
posted up.

No one not
upon it to vote.

marj manner either in term or va<;ation, at such time and in
such way as he thinks best for ensuring justice to all parties,
and maj direct that any further notice be given to any party,
if he thinks proper, and shall have the powers for summoning
before him and examining on oath or affirmation, any party
or witness and compelling the production of any document,
paper or thing, and generally all other powers which are
vested in the Superior or Circuit Court in relation to any
matter pending before it, but shall not be bound to observe
any form of proceeding, except such only as he shall deem
necessary for doing substantial justice to all parties ;

3. The decision of such Judge shall be final and conclusive ;
and the Clerk or Secretary-Treasurer having custody of the
list of yoters to which it relates, shall correct the same, if any
correction be ordered by such decision, immediately 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 be in the discretion
of the Judge, and shall be taxed by him at such sum and for
and against such parties respectively as he thinks right ; and
any party in whose favour any such costs are taxed, may
recover them from the party against whom they are taxed,
by execution in the manner in which costs awarded by any
judgment of the Court may be recovered ;

6. No evidence shall be received by the Judge on any
such appeal, except such as he sees reasonable cause to think
was adduced before the Board or authority to whom the com-
plaint appealed from was made ; And the pendency of any
such appeal shall not affect the validity of those parts of the
lists of voters from which no appeal is made, but the 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 the copy posted up in his
office ; and until another is in a future year made, revised

CITY CHARTER AND OTHER ACTS.

21'

Illy cor-

jasurer,

in his

Iro vised

and corrected in its stead, those persons only whose names
are entered upon such list, as finally revised and corrected,
shall be entitled to vote at any election of a member of the
Legislative Council or Assembly for the city or municipality
for which it was made, or the electoral division of which such
city or municipality forms part.

16. The Clerk or Secretary-Treasurer of any city or muni- copies of lists
cipality as aforesaid, shall furnish to every Deputy-Returning to Deputy-
Officer acting in such city or municipality, or in any ward or officers,
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 Deputy-Returning Officer
*s to act ; and such Deputy-Returning Officer shall not receive
the vote of any person as being a voter qualified by reason of
his being entered on any assessment-roll, unless the name of
such person is found upon the copy of the said list furnished
to him. 22 V., c. 82, s. 5.

2. If at the time of any election, no list of voters for the if no list exisf^
current year has been made or exists, the Returning Officer the then last'iist
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.
(1859), c. 10, s. 5.

8. If the Clerk or Secretary-Treasurer of any city or muni- if the list oi
cipality in Lower Canada does not furnish to every Deputy- furnished to
Returning Officer acting in such city or municipality, or in any Keturniiig offi-
ward or division thereof, a true copy or copies of the proper ing' officer simii

«,,,,.„ procure it from

list of voters, or of so much thereof as relates to the locality for tiio Registrar.
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 bo delivered to
the Deputy-Retuniing Officer ; and the cost of such (fopy shall cost, how puiu.
be paid by the Clerk or Secretary-Treasurer in default, and

218

CITY CHARTER AND OTHER ACTS.

No voting
wlioro no list.

I'roviKo: For
tho case whon
VnluutorH lui-
i)oiiit«<i by tno
Uoveriior, uu»
tlor tlio miiiiici
pal laws, ii<>-

ftlcct to iiiiiko
10 valuation.

If U>o Clerk,
fco., of any
Miinici|>ality
ncKlcctii to
draw up tlio
alphabetical list
re<iuircd, &c.

may bo recovered from him or from the muiiioipality of which
ho is 8uch officer, by the Returning Officer or Registrar who
has procured or furnished such copy. 22 V. (1869), c.
10, s. 7.

17. No voting shall bo taken, nor shall any poll be held hi

any municipality in which no list of voters has boon made :

2. But if the Valuators appointed by tho Governor, under

the Municipal Law in force in Lower Canada neglect to make

the valuation required by tho said law, the Governor shall, on

tho complaint of tho Chief Officer of the Municipal Council, or

of tho Registrar of the county, or of two proprietors duly

qualified to vote in the said municipality, appoint in their

place other Valuators, who shall be required |jp make the sai(ii

valuation in tho manner in which it ought to liavo been made

by tho Valuators whoso duty it was to have made it, and they

shall in this rospoctj have all the same rights and powers to

exorcise, and all the same duties to perform, and shall be

bound under the same penalties in case of failure or neglect

on their part, and the provisions of the said law shall apply

to them in the same manner as to the first Valuacus appointed

by tho Governor ; — And tho time to be allowotl to the former

Valuators as well as to those subsequently appointed by the

Governor for making tho said valuation, shall be twenty days

from the day on which their appointment has been announced

in the Canada Gazette ;

3. And if the Clerk, Treasurer, or Secretary-Treasurer
neglects to draw up the alphabetical list as required by the
eleventh section of this. Act, the Governor, on the complaint
of tho Chief Officer of the Municipal Council of the city or
other municipality, or on the complaint of the Registrar of the
county, or of two duly qualified voters of tho said city or
municipality, shall api)oint a Clerk ad hoc to make the said
alphabetical list, and the said Clerk ad hoe shall in that
respect be vested with all the same rights and powers, and
shall have all the same duties to perform, and under the sam^
penalties in case of failure or neglect on his part, as the Clerk
of the Municipality himself, and tho Chief Officer and the other
Officers of the said Municipal Council (in so far as it shall

CITY CHARTER AND OTHBR ACTS.

210

depend on each of them) shall bo 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 cf Lintof votomto

1 /. 11 • 1 1 I 1 ''•^ rovldcd anil

this Act, shall be considered nnally revised and corrected corrootod by

' •' . Jtovi«oni.

when it has been so revised and corrected by the authority
of the Board of Revisers mentioned in the twelfth and thir-
teenth sections ;

2. But if between the day of such final revision and cor- ivovIbo: if

. 1 n 1 • • «« • «• I witliln B corfalii

rection, and any time before the issuing oi a writ for the timo it i>o shown

. '' " to tt.Jiiilflct (hat

election of a member of the Legislative Council or Assembly, «"yHuoinii.tiiBH

. "^ •' ' l)«<>n tniiiporod

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 ;

8. At the time and place appointed for the appearance of roiis and iiHt
such person, the Registrar shall appear before the Judge, iM'fo^rdTho"*"'
bringing with him the duplicate of the alphabetical list : And " *""
after an examination of the said roll and list, and Avith or
without further proof, as he shall see fit, the Judge shall make Judgo (o ordor

such alterations and corrections in the said list and duplicate necessary. '
thereof as ho considers necessary and proper, in order that
the said list and duplicate may be in all respects similar to the
list as finally revised and corrected. 22 V., c.82, s. 5, and
22 V. (1859), c. 10.

220

CITY CHARTER AND OTHER ACTS.

I'ronrablp.

Within what
time tlie revised
nsttossmout roll
must bo made,
under sect. 10 of
(;on. Stat. Can.,
0. (i.

In dofanit,
Assessors to bo
appointed by
the Governor
to ninko 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 15</t October, 1863.)

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
law to bo 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 Treasurer 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 be.

CITY CHARTER AND OTHER ACTS.

221

3. The Clerk, Treasurer or Secretary-Treasurer, as the
case may be, of each city and municipality, shall deposit with
the Registrar of th< registration division in which such city
or municipality 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' list, 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 co))y of
which shall be furnished to each Deputy-Returning Officer,
and which shall be used at any election of a member 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 dei)osited 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 certificate
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-

Duplicato of
lli>t tn bo do-
noHltod with
ItogUtrar.

Wliat voters'
liKt Hhall bo
u8od nt any
oloctiou.

Itcgistrar's cer-
titlciitc required
on tlioli»t iifiod.

Act not to Pre-
vent revision
and correction
of list.

AVIiut shall bo
the value by
which an own-

222

CITY CIIARTEll AND OTHER ACTS.

or'g or tenant's
riglit to voto
Hliall bo oscor-
tiiinud.

Sect 17 of c. C
Con. Stat. Can.
nmondod.

No vothift, nn-
li>i!8lii$t hanbcon
niado and do-

iiositod with
{pgistrar.

I'ennlty for
rcfVisal or
noKlt'ct to
comply with
this Act.

Limitation and
eonHtructioti of
Act.

pying the same as the owner thereof, to vote in respect
thereof ; and the annual rent or profit, derived by the owner
of any real property from any other person leasing or occu-
pying the 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 moaning 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 retjuired 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 duplicate 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 often 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.

U. This Act shall api)ly only to Lower Canada, and shall
be construed as part of the said chapter six of the Gonsoli-
dated Statutes of Canada.

CITY CHARTER AND OTHER ACTS.

228

•cspcct
owner
r occu-
ight of
nd the
icupant
statute?
basis of

ho said
shall be
taken,
ih no list
\y certi-
lo month

r neglect
liver the
or before
[sessment
, — every
iwn, vil-
lojilect to
Act, or
the lists
perform
kblo to a
Lssossor,
liall have
bosed on

lind shall
1 Cousoli-

(27 Victoria, Cap. 2.)

MILITIA.

{Extract.)

SERVICE ENROLLMENT IN LOWER CANADA.

10. The mode of enrolment of the Militia shall in Lower Modn of onroii-
Canada be as follows, that is to say : — the Assessor or Asses- in't"'c.
sors, Valuator or Valuators for each Muncipality in Lower
Canada, in which a valuation or assessment roll is made in iioiu to bo
each year, shall, annually, and the Assessors or Valuators SirHmVaiu."
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, inchide 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- ooiumnn for
tion or assessment roll, which will be headed respectively ciaHil'iffof'"*
"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 " ^int dans,
the names of all male persons of eighteen years of age and
upwards, but under forty-five years, who are immarricd men
and widowers without children ; and in the " Second Class spconti.
Service Militia Roll " the names of all persons of eighteen
years of age and upwards, but under forty-five years of ago,
who are married men and widowers with children ; and in the
" Reserve Militia Roll," the names of such persons as are ucsorve.
forty-five years of age and upwards, but under sixty years ;
and the copy rc(iuired by law to be made of any such valua- copytranimit.

224

CITY CHARTER AND OTHER ACTS.

ted to Warden
to contain such
rollg.

Cortiflcatotobo
attached to such
rolls.

And attested
on oatli.

ItoIIs to bo sent
to County
Warden tVom
certain munici-
palities in L. C.

VroviRlon ns to
municipalities
in Lower Ca-
nada wliere,
as.so!<8munt rolls
aru not made
yearly.

Proviso: Offi-
cers of militia
nuiy be ap-
pointed to mal(o
•uch rolls.

Powers of
ofneern making
tlie rolls,

tion or assessment roll for transmission to the Warden of the
county, shall contain the additions herein specified ; and in
addition to any oath or certificate required uijder the present
or any future laws of this province, to be taken or given by
such Assessor or Assessors, Valuator or Valuators, in respect
to the assessment or valuation roll, there shall also be made
and attached to the said roll the following certificate signed
by such Assessor or Assessors, Valuator or Valuators :

" I do certify that I have truly and faithfully and to the best
" of my knowledge, information and belief, set down in the
" above militia rolls, the names of all male persons within the
" Municipality of (a« the case may ie), liable to be enrolled for
" service by the militia laws of this Province ; " and such
certificate shall be verified by him or them, upon oath, before
a Justice of the Peace.

11. As respects any city, town, or village municipality
in Lower Canada, the assessment or valuation roll whereof
is not by law required to be delivered to the County Warden,
the Assessors or Valuators shall deliver a true copy, certified
as aforesaid, of the militia rolls on any such valuation or
assessment roll, to the Warden of the county in which the
Municipality lies, within fourteen days after they have
completed such roll.

12. In those Municipalities in Lower Canada in which the
valuation or assessment is not made yearly, the Assessors or
Valuators shall, between the first day of February and the
first day of May, in each year in which such roll is not made,
make out militia rolls for the municipality, containing the
particulars above mentioned, and shall certify the same as
above directed and transmit them to the Warden of the county
in which the municipality is situated, before the first day of
June in each such year; provided always, that the Coni-
raander-in-Chief may, in any year, appoint any one or more
officers of the militia to make such militia rolls in any parish,
township or other local municipality in Lower Canada ; and
in respect of such rolls the said Assessors and Valuators, and
each of them, shall have the duties and the same powers for
obtaining the requisite information, as they have with respect

((

CITY CHARTER AND OTHBR ACTS.

226

l*rovi8o :
Commaiidor-
in-Cliief may
oau80 tho mili-
tia rollH to
bo mado by
3Iilltia OfflcorK
in certain cancH.

Their powem
aud dutiex.

Secretary-
Treasurer to
have tlio rollH
and maico tlio
countv roll
from tbeni.

to the ordinary valuation or assessment rolls and the militia
roll 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 MunicipaUty has occurred, or sees reason to fear
that such failure may occur, in any year, he may appomt 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. Tho Secretary-Treasurer of each County Council in
Lower Canada, to whom the copies of the proper assessment,
valuation or local militia rolls, shall for that purpose be forth-
with, after their receipt, delivered by the County Warden,
shall, within fourteen days after tho receipt by him of such rolls
carefully compile from them the County Militia Rolls, shewmg
the names aud residences of those on the " First Class Service
Militia Roll," " Second Cla^s 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 several
" Muncipalities in the County of the County

" Militia Rolls hereto appended."

And shall verify the same on oath before a Justice of tho
Peace, and such County Militia Rolls, so certified, shall bo
by the said Secretary-Treasurer forthwith delivered to tho
Registrar of the County, \o be filed in his office for use as
aforesaid ; and the Socretaiy-Trcasurer of such County
Council shall bo paid for tho same at tho rate of twenty-five
cents for the compilation of tho names and residences of every
ono hundred persons on tho said County Militia Rolls.

15. The several provisions of the Lower Canada Consoli-
dated Municipal Act, and the Acts amending it, and tho
provisions of every special Act incorporating or governing

Cortincnio.

Oath.

County rollH tu
be givmi to
and ke|>t by
tho KegiRtrar.

Fee to Hecro-
tary-TrcBHurt'r.

Provitlonn anil
powem Ibr
making anKOHii.
ment rolU, ex-

226

CITY CHARTER AND OTHER ACTS.

tended to mill- 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.

Tavorn-keepera 16. All tavom-keepers, koopors of boarding houses, persons

*c , to give »11 ,., J ..,./. ... J . J .

ncoOTsary in for- havmg hoarders m their lamihes, and every master and mis-
tress of any dwelling house, shall, upon the application of any
Assessor or Valuator, give information of the names of all
persons residing or lod^ng in such house, liable to be enrolled,
and all other proper information concerning such persons as
such Assessor or Valuator may demand.

^ > ^

CITY CHARTER AND OTHER ACTS.

227

ssments
of the
a so far
as part
ards the
ties anil
It on his
valuation

1, persons
and mis-
on of any
Qes of all
enrolled,
jersons as

Copies of valu-
ation rolls to bo
Bent to the She-
riflr of tli« H*-
trict.

■ 27 AND 28 Victoria, Cap. 41. . '

{Extract.)

Jury Lists.

Sec. 4. Within two months from the tiroo 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 Sheriff of such district, at his
oflSce, 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 Legiilature^ 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 ho 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 Penalty,
of penalty for such failure, with costs, by suit in his own
name, bclorc any competent tribunal,

Or of revised
rolls, under
cap. G Con.
Stat. Canada

If the rolls be
not transmitted
in due time to
the Sheriff.

An
Cc

foi

< (

the raj

necessa

lay out

opened

within i

In the s

Alderm

powers

of Inco:

whereas

ing out (

the purp

consequ(

whereas

fications

Therefor

of the L

as followi

OITT OHARTBR AND OTHER AOTS.

229

(27 AND 28 ViOTOBiA, Cap. 60.)

An Act to amend the Acts relating to the
Corporation of the City of Montreal, and
for other purposes.

(^Assented to ZQth June, 1864.)

WHEREAS the Corporation of the City of Montreal have Proiunbie.
by their petition represented that in consequence of
the rapid extension of the City of Mcatreal, it has become
necessary to make out a general plan oi 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 :

DD^

280

OITT CHARTER AND OTHBR ACTS.

Corporation
to employ .
Burvoyors to
lay out atroots
of tbo olty.

i'roTiso.

The said 8ur«
voyors may
enter upon
property.

They bLoII
make out
plana of
•troets, &o.

Thoy Rimll
plaoo bound-
ary stones at
oornon of
now Btroots.

The laying
outofstreetB
and plan may

OBNBRAL PLAN OF THE CITY OF MONTREAL.

1. It shall bo la>yful for tho 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 tho 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 S(|uare3 : 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 ; t*rovided any such Highway or Street shall
not be less than forty feet in width.

2. The said Surveyors or other persons employed in tho
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 tho 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 tho
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 tiio
said Streets, Public Highways, Places and Squares, to be

CITY CHARTER AND OTHER AOTS.

281

laid out, and the plan or map thoroof to bo mado for oaoh u maii(« by
Ward separately, according to the preaont division of the City,
beginning by such Ward as may bo doomed advisable ; but tho
plans or maps of tho different Wards of the said Oity shall be so t« n*rnibut
made as to correspond with each other in such a manner as oomiliotvd'. ^^
that, when completed, they shall make but ono and tho same
plan, to be known as " The General Flan of the City of
Montreal."

4. When tho plan or map for any ono of tho Wards of the Pi»n for naou
said City shall be completed, the said Corporation, by their oompio'tod,
Attorney and Counsel, shall apply, by summary petition to the ooniirmation
Superior Court for Lower Canada, in tho District of Montreal, ^o^rt.
to obtain the confirmation and ratification of tho 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, publislied in tho French language and two in
the English language, in the said City ; provided that tho said
notice shall have at least two insertions in each of tho said four
newspapers, and that ono 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 bo
observed for the plan or map of each of tho other Wards of tho
said C.ty, as such plan is completed.

6. Evorysuchplanormapofa Ward, when confirmedbytho rianwhon

. ~, 1 11 1 n 1 1 • • 1 1 • 1. ooiiflrmnd to

said Superior Court, shall be final, decisive and binding upon ^ >ii>n> *ui(i
tho said Corporation and tho proprietors therein .interested, »" pa"'"»
and upon all other persons whomsoever ; and no indemnity or
damage shall bo claimed or granted at tho time of tho opening
of any of tho now Streets, Public Places or Squares shewn on
tho said plan, or at tho time of tho 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
mado, after the confirmation of tho said plan, upon any land or
property, reserved either for new Streets, Public Places or
Squares, or for tho widening of any of tho said Streets, Public
Places or Squares of the said City ; provided that nothing con-

282

Omr CHARTER AND OTHER ACTS.

tamed in this Act shall be construed as depriving the said
Corporation of the right of ^ridening or extending any of the
Streets, Public Places or Squares designated in the said plan,
after its confirmation, if deemed advisable so to do.

OnpUoate of
plan provided
for.

New streets,
when to be
opened.

Term, new
streets, bow
to be inter-
preted.

Penalty fbr
interfering
with boun-
dary stones.

6. A duplicate of each of the said plans shall be deposited
immediately after its completion in the office of the 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 Cpurt on the
day of , one thousand .^*

7. The S£ud Corporation of the City of Montreal shall have
all the necessary powers to open to the public, whenever the
said Corporation s|iall deem it advantageous to do so in the
interest of the City, any new Street, Highway, Public Place or
Square 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 assessmen1».

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 the
Recorder's Court of the said City to take cognizance of, and
adjudicate upon, such misdemeanors.

EXPROPRIATION AND SPECIAL ASSESSMENT.

Repeal of for- 10. The sixty-sixth, sixty-seventh, sixty-eighth, sixty-ninth,
relative to ex- seventieth, sevcntv-first and seventy-fourth sections of the Act

propriations &o. i •

passed in the session held in the fourteenth and fifteenth years

OtSY CflARTER AND OTHER ACTS.

288

city Connofl
may order
opening or
widening of
streets, and
acquire land
for that puiv
pose.

of Her Majesty's reign, chapter one hundred and twenty-eight,
the fourth section of the Act passed in the sixteenth year of
Her 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
are 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 whatsoever 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 formaUties
hereinafter prescribed, for opening Streets, Public Squares,
Markets or other pubUc 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, grevSs de substitution or trustees, who
are or shall be seized or possessed of, or interested in any piece
or pieces, lot or lots of ground or real property within the said
City, selected and fixed upon by the said Couhoil 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

Under what
formalities.

Corporations,
tutors, hus-
bands, &.O.,
may sell and
convey to the
City CounciL

284

OITT OHABTER AND OTHER ACTS.

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, selling 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.

Mode of pro-
cedure in
caees of expro-
priation.

Kotice of ap-
plication to
tlie Superior
Court for ap-
pointment of
Commiasionera.

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, upoa 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
OflSce to the person in whose name the property was lastly
assessed on the Assessment Boll, 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

OITT CHARTER AND OTHER ACTS.

285

news-
3y and
ie said
tor the

District of Montreal, sitting in term, or to any of the Judges
of the said Court in Chambers, pending the vacation, and
during 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 at: 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 (tenarUa
et ahoutmantB) ; 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 said notice to
both languages, twenty days previous to the date of the pre. pro^r^ to je
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;

expropriated.

2. The Court or Judge, as the case may be, to whom the said Appointment
petition shall have been presented, shall appoint three Com- sionen bythe
mi^sioners as aforesaid, and fix the day on which the said *
Commissioners shall begin their operations, and also the day
on which they shall make their report ; provided always, it
shall be lawful for the said Court, or the said Judge, to extend
the said delays upon reasonable grounds being shown to that
effect ;

8. The judgment embodying the said appointment shall be commissioa-
served, with as little delay as possible, upon the said Commis- copfarootat?*
sioners, who shall be held to accept the said office and to p«naity° ^
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 certaia Exemptiona.
persons, by the second section of chapter eighty-four of the
Consolidated Statutes :^r Lower Canada, relating to Juries,
shall apply e(][ually to any of the said Commissioners, who may

236

OITT OHARTER AND OTHBR A0T8.

appertain to any one of the olassea of persons mentioned in
the said last cited section ;

Immediately after the appointment of the said Gommis-

Clty Survojror
to nirnlih
CommlKntonon
with plan, &o.

Commiuionora
to bo iworn.

Tholr powort,
fto.

StUrjr,

Commliiriion-
on to bu nir-
niiliod witli

tttlO<dfM<(lN of

Iota to bo ox-
proprktud.

I'roooduro ft>r
MoortAlning
Tftluo of pro-
party.

sioners, it shall bo the duty of the City Surveyor to Aimish them
with a plan or map shewing the proposed improvement, as also
the pieces or parcels of ground or real estate to be expropriated ;

6. The said Commissioners, before proceeding, shall be duly
sworn before the Prothonotary of the said Superior Court in
the form specified in the annexed schedule, marked A ; and 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 bo occupied in the performance of the said duties ;

0. The said Commissioners may, if they deem proper, call
upon the proprietors or parties interested, to give them commu-
nication of tlioir title deeds ; and upon their failing to comply
with such demands, the said Comnii8sioners are hereby autho-
rized to procure copies of the said title deeds at the cost of the
said proprietors or parties interested ; and the amount of said
costs shall be deducted from the price or compensation to be
finally awarded to the said proprietors or parties interested for
the expropriation ;

7. It shall be the duty oi the said Commissioners to dili-
gently proceed to appraise and dotonnino the amount of the
price, indemnity or compensation which they shall doom just
and reasonable for each of the pieces or parcels of land or
real estate, the expropriation whereof shall have boon 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 re(iuired for any improve-
mont which the said Council may have ordered to bo made
or carried out at one and the same time ; and tho said Com-
missioners are hereby authorized and required to hear the

OITY OIIARTBR AND OTHER ACTS.

287

to dili-

, of the

)m just

and or

I rosol-
causod
's may
all and
ildings
provo-

mado

II Com-
ar tho

parties and to oxamino and interrogate their witnesses as well Kxamiimtion
OS the members of the City Council and the witnesses of tho witiiuM()ii,
eaid Corporation ; but the said examination and interrogor
tories shall bo made viv<t voce and not in .writing, and shfill
oonsocpiently not form part of tho report to be made by tho
said Commissioners, any law, usage or custom to the con-
trary notwithstanding ; provided always, that if in the dis- r"-ovi«o; tie
charge of the duties devolving on tho said Commissioners by <;im»miiMioii.
virtue of tho present Act, there should occur a difference binding.
of opinion between them as to the value of the i)ieco of land
or real estate about to bo expropriated, or upon any other
question within their province, the decision of two of tho
said Commissioners shall have tho Hamo force and effect as if '
all the said Commissioners had concurred therein ;

8. In every case wherein tho Corporation of tho said City incrifwd v».
may have resolved to carry out and execute any of tho works <•! |ir«ii.iity to
or improvemontH aforesaid, at the City's expense exclusively, conNi.i.iinioii
the said Commissionurrf hIiuII bo held to detoriuine and award
when the expropriation shall apply to or affect but a portion
of tho property or real estate, what may be the damage to or
deterioration in value of the residue of tho property or real
estate by tho separation from it of tho part required by tho
said Corporation, and they shall determine, first, tho intrinsic
value of the part of the ])roperty and promises to bo taken,
and, secondly, the increased value, if any, of the residue of
tho property caused by the projK)sed improvement, and tho
differeneo between the intrinsic value of the [)art of tho
property and premises reipiirod ; and tho increased value afore-
said shall constitute the price or compensation which tho
party or parties interested HJiall be entitled to, and when tho
said Commissioners shall determine and award that tho
increased value is o<iuivalent to or in oxcoss of the intrinsic
value of the part of tho property and premises reiiuired, then
they shall not award any price or compensation for the part
so recjuired or liable to expropriation ;

0. If ono or more of the said Commissioners, at any timo in cmn ww
after thoir appointment, shall fail in tho duo porformunco of onflliiin'th'o

DD*

288

CITY CHASTER AND OTHER ACTS.

duo perform-
anoo of their
dtiUcK, prooi)od<
Ingii limy be
Rtayod, ko.

In euae of
death, &o., of
CominlMiion-
era, others to
bo appointed.

IHkrtici to bo
heard by
Commissloncrt
after public
notloe.

the duties assigned to them in and by the present Act, or shall
not fulfil the said duties in a faithful, diligent, and impartial
manner, it shall be lawful for the Corporation of the said City,
by its Attorney, to apply, by summary petition, to the said
Superior Court, or to a Judge thereof, as the case may be, to
stay the proceedings of the 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 the said Commissioners should, after
being appointed, die, or bo unable to act, the said Court, or
one of the Judges thereof, as the case may bo, shall upon a
summary petition to that cfibct, to be presented by the
Corporation of the said City, after two clear days' notice to
be established to the satisfaction of such Court or Judge,
replace such Commissioner by another competent and disin-
terested person, upon whom the said office shall be binding in
the same manner as upon his predecessor ;

So soon as the said Commissioners shall have completed

11.

the proceedings relating to the appraisement, and determined
the price or compensation for the pieces or parcels of laud or
real property about to be expropriated, they shall give public
notice by moans of two plaoai'ds, one in the French and the
other in the English language, to bo posted upon or in the
immediate vicinity of such pieces or parcels of land or real
estate, that on thq 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 llall ; 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 laud or
real estate as aforesaid ;

Report of U- On the day fixed in and by the judgment appointing

onTobeiX ^10 Said Commfssiouors, the Corporation of the said City, by

thei

Cou

cent

the

and

be, i;

hero!

the

shall

sequ(

CITY CHARTER AND OTAER ACTS.

239

mploted

3rmiued
and or
public

und tho
in tho
or real

(ice, all
unsidor
all be
,11; and
11 havo
d Com-
ion, tho
laud or

lointing

their Attorney or Counsel, shall submit to the said Superior mittod to the

Court, or to one of the Judges thereof, respectively, the report urmatiou.

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 tho proceedings and formalities No appoai

heroinboforo provided for have boon observed, shall pronounce

tho confirmation and homologation of tho said report which

shall be final as regards all parties interested, and con-^

aequently not open to any appeal.

14. In case any Street, Public Place or Square shall be No indemnity
laid out and determined before the confirmation and homolo- buiiiitngi

erected on

gation of any of tho plans or maps of tho said City, hereinbefore •'r"P»*"Ay ,^
provided for, or if any Strocfc, Public Place or St^uare shown Jj'^JJ™''^!?/^"*'
and do'-ifo ;tod on the said plans or maps shall bo widened or «pofnouco.
extondr . the confirmation and homologation of the said
plans or :. ..^,6^ no indemnity or damage shall be allowed or
granted for buildings, structures or improvements which tho
proprietors or other persons whomsoever shall have caused
to bo erected or made upon any of tho pieces or parcels of
land, or real property which tho Corporation of tho said City
may resolve to ac(i[uire for public purposes, from the time that
the public notice mentioned in tho sub-section number one of
the next preceding section, shall have been posted upon tho
said pieces or parcels of land or real estate, as aforesaid.

15. Tho Corporation of the said City shall, within fifteen Anortuo
days from and after the confirmation and homologation of ..f Uopurt.
the report of tho said Commissioners, make, in tho hands of to .i,.|ioHit
tho Prothonotary of tho said Superior Court, Avhoso duty it cmponia.
shall be to grant to the said Corporation a written acknow-
ledgment thereof, a deposit and consignment of the price or
compensation and damages settled and determined in and by

the said report; and the act of buch deposit and consignment KHMofde*
shall constitute, in behalf of the Corporation of tho said City,
a legal title to the property of each of the said pieces or i)ar-
cels of land or real estate, and from thence all pro[)rietors of,
or other persons whatsoever interested in, tho said pieces or

IKWit.

240

CITY OHARTBR AND OTUBR ACTS.

HortffaKM on
land oxpro-
printed, ro-
moved.

Recoil rso of
mortKageot on
the price.

parcels of land or real estate, shall lose and be divested of
all their rights or claims thereto, and the said Corporation
shall be vested Avith the said pieces or parcels of land or real
estate, and may of right and without any further formality
enter on possession of, and use the same for any of the pur-
poses authorized in and by this Act ; any law, statute or
usage to the contrary notwithstanding.

IG. Any expropriation made in virtue of the present Act
shall have the oftcct of removing and paying ofif all mort-
gages or privileges with which the said ])ioce8 or ])arcels of
land or real estate may bo burdened or encumbered at the
time ; but the price or compensation deposited in the hands
of the Prothonotary, as aforesaid, shall bo hold to represent
the said })ieces or parcels of land or real estate as regards all
mortgagees or privileged creditors, whoso rank and priority
shall bo preserved in the distribution to bo made of the
money deposited conformably to this Act.

17. When the money shall have boon deposited and con-
signed in the hands of the Prothonotary, in accordance with
the provisions of the next preceding section, the said Supe-
rior Court shall determine the mode of calling forth tho
creditors of the party entitled to such money, or his legal
representatives and all other parties interested, and issue such
orders as may bo deemed advisable and just as regards the
delivery or distribution of tho money, or any other matter in
connection with the claims or demands of the parties inter-
ested ; Provided always, that when the price or comi)on8ation
and damages shall be paid in whole or in part to the party
entitled to tho same (but this proviso shall not bo hold to
apply to his creditors), tho amount of such price or compen-
sation and damages shall not bo subject to the tax impo8ud
by and in virtue of the twelfth Victoria, chapter one hundred
and twelve, nor to tho conunission which tho Prothonotary of
the said Superior Court is entitled to receive, nor to any tax,
commission or impost.

18. All tho provisions contained in tho thirteenth sec-
tion of tho present Act with regard to tho appointment of

Money, Iiow
to be dixtrl-
butud.

I'roviHo : com*
iieiiiintioii not
liiiblo to tax
under 13 V.
cap. iia.

Exception.

rrflvUlonR
extended to
coiniK)n!<ation

OUT CHARTER AND OTHER AOTS.

241

GommisBioners and tho mode of osoortaining the value of the
pieces or parcels of land or real estate taken by the Corpora-
tion of the said Oity, shall be and are hereby extended to all
oases in which it shall become necessary to ascertain tho
amount of compensation to bo paid by the said Corporation to
any proprietor of real estate or his representatives, for any
damage he or they may have sustained by reason of any
alteration, made by order of the said Council, in the level of
any tbotpath or sidewalk, or by reason of the removal of any
establishment subject to be removed under any By-law of tho
said Oori)oration, or to any i)arty by reason of any other act
of tho said Council for which they arc bound to make compen-
sation, and with regard to the amount of compensation for
which damage the party sustaining the same and the said Cor-
poration shall not agree ; and the amount of such compensa-
tion shall be paid at once by the said Corporation to the party
having a right to tho same, without furtlior formality ; and
any person who shall erect any building whatever upon or
contiguous to any established or contemplated Street, Public
Place or Sijuaro in the said City, without having previously
obtained from the City Surveyor tlio level of such Street,
Public Place or Scpuiro, shall forfeit his or her claim for dam-
ages or compensation by reason of any injury caused to the
property when such level shall bo settled and determined by
the said Council, through tho Road Committee.

19. In all cases whore, for tho purpose of opening any
Street, Square, Markot-placo or other Public Phico, or for
continuing, enlarging or othorwiso improving the said Streets,
Squares, Market-places, or other Public Places, or as a wito for
any public building to bo erected by the said Corporation, tho
said Corporation shall deetn it advantageous to purchase and
ac(iuire, or take or enter upon, more than tho ground actu-
ally reiiuired for any of tho said pur[)08es, it shall be lawiul
for the said Corporation so as aforesaid, to purchase and ac-
quire an extent over and above what may be recjuired for the
above purposes ; Provided, nevertheless, such extent do not
exceed one hundred feet in de|»th by whatever length may
exist, and such extent of one hundred feet may bo taken out

for nHerntioni
of level*, Ao.

rnrtinfi to
iilitniii proper
level before
building.

('nrporatlon
tiiiiy Hci|iilro
a certHJii ex-
tent of lund
over iind
iiliovii iMirtInn
re(|iilre(l lor
Iniiirovuniuut.

I'rovlBO! ex-
tent limited.

242

OITT OHAllTTUl AND OTHER ACTS.

Provlno! party
may ubjoot,
and Cornora-
tion Bhal) tlion
tako only land
required for tlio
improvomout.

of one or both sides of the said Street, Square, Markot-plaoe
or site for any public building, in case the proposed improve-
ment applies to both sides of such Street, Square, Market-place
or site, as aforesaid ; Provided also that if any proprietor, a
portion of whose property may be required for the above 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 establisli Public
Parks or Squares, beyond the limits of the said City, and
acquire any piece or parcel of land required for any of the
said purposes, in the same manner, and by following tho same
formalities as those prescribed in and l)y the present Act for
similar improvements withhi the limits of the said City ; Pro-
vided, always, that before exercising any of tho 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 be 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
Btroots, fto.,
beyond the
city limita.

Proviso ! oon-
Roiit of muni>
oipality to bo
flrat obtained.

Corporations
may lnvo«t
price of ooin-
pouiation, &c.

21. Corporations, ecclesiastical or civil, whoso property,
or any part of whoso 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 convoyed or taken, in other real pro-
perty in any part of this Province, and may tiiko nnd hold tho
same, without Her Majesty's letters of mortmain, any law to
tho contrary notwithstanding.

OITT OHARTBR AND OTHER AOTS.

248

22. So soon as tho report of the said Commissioners shall
have boon coufirmod oud ratified by the said Court, or by
one of tho Judges thereof, as the case may be, conformably
to tho tenth sub-section of the thirteenth section of this Apt,
it shall be the duty of the Assessors of the said City, in all
cases where tho 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 tho proprietors or parties interested, benefited or to be
benefited by the said works or improvements, to assess and
apportion in such manner us to them may appear most reason-
able and just, the price or coinpunsation, 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
improvement ; and the said Assessors shall have tho exclusive
power or privilege to determine what pieces or parcels of land
or real estate shall have been or may be benefited, and to what
relative or comparative amount ; and tho 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 tho said special
assessment roll, tho said Assessors shall deposit the same,
duly certified along with a plan or map, designating all and
every the pieces or parcels of land or real estate subject to
or liable for the said special assessment, in the office of tho
City Clerk, for the examination and ins[)ection of all parties
interested: and they shall give public notice of the comple-
tion and deposit of the said special assessment roll as afore-
said, in at least two newspa[)ers published in the said City,
which notice shall have at least two insertions in one news-
paper published in the French laiij^imge, and a like number
of insertions in one newspaper published in the English lan-
guage ; and every proprietor or interested party may, within
fifteen days from and after the lust insertion of the said

In cnHOM whom
i)i'()prl<<t(>n«
iiHvo to pay
ocmt or |iurt
ofooit of im>
nmvotnoiit,
t'lty AHHcmion
to NHMMs auoh
cost.

Aurommont
Uoll, wliim
c(iin|)luU>(l, to
bu dupoiltodt

Public notloo
to bo givoii.

•Revlxlon of
AfiMmHmuiit
Uoll.

244

OITT CHARTER AND OTHER ACTS.

FroTiso.

notice, apply to the said assessors to make known his grier-*
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 shall 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 Corporation 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 and 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.

Special as-
Bessmont, how
reoorerable.

Duties may
be performed
by a majority
oftiioasaes-
■on.

Now mode of
expropriation
oxiendcd to
improvements
ordered be-
fore passing
of tills Act.

Local improve-
ments extend-
ed to stone
paving, ke.

26. The mode prescribed in the precedmg 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 or 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

OITT OHARTER AND OTHBB ACTS.

245

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, Puhlio
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 who shaii
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 Baiiiflb autho-
Montreal, may serve and post up the notifications required notices, fro.
by the present Act, and make a return thereof under his

oath of office.

WIDENING OF NOTRE DAMB STREET.

80. 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 Dalhousie Square to McGill Street, Ulonedinits
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 ;

DD^

246

OITT CHARTER AND OTHER ACTS.

To bo divided
into seotions.

One year al-
lowed for each
section .

Cost of im-
provement, by
wliom borne.

Commission-
en to talce up
each section of
Notre Dame
street seria-
tim, &c.

2. That said Notre Dame Street, for the purposes of the said
improvement, shall be divided into four sections, as follows :

Fint Section: That portion of Notre Dame street lying
between St. Lambert and St. Francois Xavier Streets,
between St. Peter and DoUard (late Guiilaume) 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 Guiilaume) and McGill streets ;

Fourth Section : That portion of Notre Dame Street lying
between St. Gabriel and Gosford Streets^ and from Bonsecours
Street to Dalhousio Sq^uare ;

8. One year shall be allowed to complete each section, the
first year to begiii from the date of the passing of this Act ;

4. One half of the cost of the said improvement shall be
borne by the. said Corporation. out of the proceeds of the loan
hereinafter provided for, or out of the general funds of the said
City, and the other half by the proprietors in the said Notre
Dame Street, by means of a special assessment to be levied
as hereinafter provided, upon the real estate fronting on Notre
Dame Street, the whole 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 impi'ovement, 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 ;

OITT CHARTER AND OTHER AOTS.

241

id they

Dame

and to

possible

Id eight

0. In the appraisement or valuation to be made by the said
Commissioners, of the pieces 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
said rate 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 Darae 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 Commissioners for
the section of the said street in which such proprietor is
interested, or after the confirmation and homologation of the
said report by an acceptance of the terms or price sot 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 md Fifty Thousand Dollars, to be designated " The
Notre *Dame Street Loan."

As to le«w>ii
iniido ftltcr the
pasglnff of
this Act.

City Council
may levy 8pc>
cial assoss-
moiit on real
OHtato in
Notre Dame
street;

And grant do-
lay for nay-
niont or said
assessment.

Proprietors in
2nd, Brd or
4tli sections
may antici*

Sato period
xed for the
improvemont.

I^an of fflSO,-
000 for the
Notre Dame
street im-
provement.

248

OtTY (lUAUTHU AND OTHISU AOTH.

l.iwiiot'«tAO,<
(NM) (o oiiiii

|lt|lt«l llix

tlrnliinKo of
tlu> vily,

LokMoflino,'
(HHt Uir n MOW
liny MKi'k«<l,

rnriioriktlun
nmy Imui* (Io>
iMtnturoN ftir
tli«> mIhivo
lunnn, tluUr
tUrm. fto.

Interest, oou-

IHIIIH, ftc.

MIHdIQUiANUmiH I'llUVIXtONH. .

nr>. For tlio pur|)OM0 nf oxtondiiiji; ami ootnplotirig t)io
Driuniigo of tlio Nuid <Mty, it nIuiU I>» lawl^il lor tho Niiid
(Joritorivtitui to l»orr(»w, ovor ami above tho ainoiitit of tlio loan
whioli tho hkUI Corporation Ih authorisKod to tnako in and hy
liio pi'oviMionH of tliu tirnt Hootion of thu Aot paNNod in tho
twonty-fifth y(Mir of I lor MaJtJHty'K roign, ohajjtor forty-fonr,
Hiioh Htun or Hunm of nionoy, not oxootMlinjy; Ono Kiindrod and
Filly 'fhonsand Dollarn, nn tho naid Corporntion may find it
noooHHary or oxpodiont to l>orr«)W for tho oxtcnwon and com-
piotion of tho Draina^o of tho City.

M, For tho purpoHo of oHtahlinhin^ a now llay Markot in
tho Haid ('ity, it nhall ho hiwftd for tho Hiiid (y(»r[»oratlon to
oftbot a spooial loan of Sixty Tiiotinand Dolhirrt, to ho doHig-
nated " Tiio No\y Hay Markot Loan."

H7. It shall bo lawftd for tho Coriwration of tho said City
to mm nndor tho hand of tho Mayor and tho Hoal of tho Haid
Corporation, dobonturo8 or Corporation bondu to tho aniount
of tho rcHpootivo stuns >vhioh tho said (Corporation is omt)ow-
onnl to borrow, in and by tho throo next jtrooodin^ sootions,
payablo twonty-fivo yoara afbor tho dato of tho issno thorool"
rospootivoly, and boarinjo; intorost, payablo somi-annually, on
tlio firet day of May and Novombor in oaoh and ovory your,
and at a rate not oxcoodinj^ six por contiun per annum ; and
all such dobonturos shall bo hoadod with tho words or titlo
" The Notre Dame Street Loan,'" " 'Me Drainage Loatiy'"
or " .7%tf iV<*?<; Ifat/ Market Loan,** as tho case may bo, to
designate tho o])joct and piu'poso for which thoy shall bo
issued ; thoy may bo issued from time to time, at such periods
and for such amounts as shall bo doomed expedient, and they
may have cotipons annexed to them for tho half yearly interest
payablo on them, which coupons, being signed by tho Mayor
or tho Troasurer of tho said Corporation, shall bo ro8i)ectively
payable to tho bearer thereof when the half-yearly interest
therein mentioned becomes due, and shall, on payment thereof,
bo delivered up to tho said Corporation ; and tho possession

(]ITY OIIAIlTtCIl AND OTIIKIl MitH.

249

of miy Miiuh ooufMmN hy tlio Odrporatlon nhnll ho jmm4 fann
ovitUiiKM) that tho half yoar'M itittiroMt thoi'oiii inoutiotiiMl hiw
houti iiaid au<3or<UiiK to tho toiior of Hiioh dohotituroH or hotidrt;
and aH woU tho ititoroMt mh tho prinuipal tlioroof arc an<l Mhall
bo Hoourud on tho gonuml fiuuU of llio Maid Corporation.

JIH. Tho amount which tho maid Oorfjoration \n oinpoworcd Amontitor
to borrow hy tho noxt proccMlin^ HoctionH, niay I)o borrowed UHnowlihn
oithor in thin I'roviiuMi or (ilHowhoro ; and tho prinui[)ul Hiim, or oiiKnviH.ro,
and intoroHt thoroon an aforoHaid, niny bo niado paya! lo oithor
iit thin Provinoo or olHowhoro, and oithor in Htr-rling t; nioy or
tlio otirronuy of thiM I'rovinco, or in that of tho phioo whoio
thu Hanio (thall bo i)ayablfl ; and gonorally all tho proviHioNK ol'
tho Acti4 now in foroo aH to <lobontiiroM iHHiiod by i]u, Haid
Oorporation Hhall apt)ly to thoMo to bo iHHuod undor thin Act,
oxcopt only in so far im thoy may bo uiconHiMtont with thio Act.

iWK Whoroas tho modo hithorto adopted of enforcing pay- ii,wi*,i,
mont of aHHOHflntentM, taxoH, dutioN, wator-ratoH and other Cit)
diien, by defa«dterH in tho said City, hart been found to bo
cumborMomo and dilatory and attended with groat hm to tho
roveniio of tho said City ; and whereas it w expedient to
adopt a moro Htunmary and effectual tnodo of recovering tiio
same: thoroforo, n|»on tho return by tho City AHSoHsors, of Notice to
the assoHsmont roll for any of tho Wards of tho said City, and " "'i'"'"'"'
tho revision and completion of tho same, or upon tho return
of any supplementary roll of assossment, tho Treasurer of tho
said City shall give public notice (according toFo^ i ^, in tho ForraB.
schodulo hereunto annexed) in at least two nowspiij ors pub-
lished in tho English language, and two newspapers published
in the Fronch language, that the said assessr r nt roll or sup-
plementary return is completed and doiK*- ed in his office,
and that all persons whoso names appear therein as liable for
tho payment of any assessment, tax or duty, are required to
pay tho amount thereof to him or his assistants, at his office
in tho City Hall, within twenty days from the date of tho
last insertion of tho said notice in the said newspapers ; pro-
vided that tho said notice shall have at least four insertions in
each of the said newspapers.

250

CITY CHARTER AND OTHER .ACTS.

Special notice
to rate-payers
in arrears.

Form C.

The preced-
ing section
not to apply
to non-resi-
dents.

J r parties ne-
glect to pay
for the space
of flfteeiidays,
assessments to
be levied by
seizure and
sale.

FormD.

SuitmKntion
ol luirlio!* Iiav-
ing liypotliecs.

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 he left, at the usual place of residence,
domicile, office 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 cither 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
aforesaid, the Treasurer of the said City shall levy the same,
with costs, by warrant to bo issued b^ the llecorc'or'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 bo 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 bo paid any assessments duo which
shall have accrued in respect of other property, such party

CITY CHARTER AND OTHER ACTS.

261

shall be subrogated to and shall have the right to exercise
the rights and privileges possessed by the said Corporation at
the time of such payment in respect of such other property
as to such assessments.

43. Before proceeding to the sale of the goods and chattels Notice of gaio.
of any person indebted as aforesaid, the Treasurer of the said

City shall give public notice (Form E) of the day and place Form e.
of sale, and of the name of the person whose goods and chat-
tels are to be sold, which said notice shall be affixed or posted
in a conspicuous place at the entrance of the City Hall of the
said City, at least forty-eight hours previous to such sale.

44. If the goods and chattels seized are sold for more surplus of
than the Avhole amount of assessments, taxes or duties levied Fniitogoto
for and the costs attending the seizure and sale, the surplus to?.'*'"*'' *^
shall be returned to the person in whose possession such goods

and chattels were when the seizure was made ; but if any irtheriKiitto
claim for such surplus is previously made by any other per- cuISned by

1 « 11 J • 1 • i< . • -1 divers parties.

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 bo paid to such claimant ; and if such claim
be contested, the surplus money shall be retained by the said
Treasurer until the respective rights of the parties bo 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 Icaat two Form f.
newspapers published in the French language, and two news-
papers published in the English la.iguagc, that the snid 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.

262

CrrY CHARTER AND OTHER ACTS.

Special notice
to water
tenants in
arroan.

Form 0.

If water ten-
ants neglect
to pay, rates
to DO levied
by seizure
and sale.

City Cleric to
cpoce boinff
Clorlt of Ito-
oordor's Court.

Cleric to be
appointed bv
City Council.
His powers,
fco.

Certain Judg-
moiits of
Ht'cordcr's
("oiirt to 1)0
iumnmrllv
rogistoro«i.

46. If at tho expiration of the said twenty days any
of tho said water rates remain unpaid, the said Treasurer
shall leave, or cause to be left at the usual place of residence,
domicile, office, or place of business of such person in arrear,
or with him personally, a statement (according to Form C, in
tho schedule hereunto annexed) in detail of tho various sums
and the total amount of water rates duo by such person, and
shall at the same time, in -and by a notice annexed to such
statement, demand payment of the water rates therein men-
tioned together with the costs of the service of such notice,
according to such tariif as the said Council may establish.

47. If any person in tho said City neglects to pay the
amount of water rates duo by him, for the spa !e of fifteen
days after such demand mado as aforesaid, the Treasurer of
tho said City shall levy the same with costs in the same man-
ner as unpaid assessments, taxes or duties are levied under
the forty-second, forty-third and forty-fourth sections of this
Act.

48. From and after the passing of this Act tho City
Clerk of tho 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 bo 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 offences mentioned in the thirty-second section of
tho Act twenty-third Victoria, chapter seventy-two, intituled:
An Act to amend the provisionn of the neveral Acts/or the
Incorporation of the Citjj of Montreal ; but it shall suffice in
such cases that a roll of all convictions before the said Court,
giving the name of tho Defendant, the date of conviction and

OfTT OHAKTER AND OTIIBR ACTS.

268

tho nature of the offence, be kept, without further registration;
any law or usage to the contrary not>viths<uiMling.

50. Tho Council of tho said City shall h..ve power, in any Finos and
By-law or Ordinance passed for any purpose set forth in ttio violation of
Act incorporatliig tho said City, or any Acts amending tho
same, for enforcing the provisions thereof, to impose a Fine
not exceeding Twenty Dollars and costs of prosecution, with
Imprisonment in the Common Gad or in the House of Correc-
tion, at hard labour, for a period not exceeding One Calendar
Month.

61. All fines and penalties sued for, imposed, levied or KinoHin tiio

Itoounior'a
< '(iiirt to bo-
lonf( to Coi^

Kino and pon*
ally for ai-
Ratiltiiig po-
llcuniftn In the
oxi«utlon of
thoir duty.

recovered in the said Recorder's Court, under and by virtue courttobo-
of any Statute now or hereafter to bo in force shall belong puraUon
to and form i)art of the general fund of the said City, any
law to the contrary notwithstanding.

52. If any person shall commit an assault and battery on
any Police Officer or Constable ajipointed under the Act
fourteenth and fifteenth Victoria, chapter one hiuidred and
twenty-eight, in the execution of his duty, or shall aid or
incite any person so to do, every such offender, upon being
convicted thereof before the Recorder's Court of the said City,
shall, for every such offence, forfeit and pay a Fine not exceed-
ing Twenty Dollars and costs of prosecution ; and shall, more-
over be imprisoned in the Common Gabl or the House of Correc-
tion at hard labour, for a period not exceeding Two Calendar
Months ; Provided always, tho said Court slmll have the option
to adjudge the said offender to the said fine and imprisonment
with costs as aforesaid, or tho 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 {Kiriod not
exceeding Two Calendar Months, unless the said fine and
costs be sooner paid.

53. The Recorder's Court of the said City of Montreal
shall have concurrent jurisdiction with the Circuit Court,
or with any Judge of the Superior Court in tho District of
Montreal, as to matters between Lessors and Lessees, and

I'rnvUo: a«
to piinmbnuinA
ofolRindor.

Jiirlndlction
oftlin Itooord*
cr'K r«»urt ex*
toiidi'il tfi
cantH) iM'twMm
IcMiin and

IVUMNM.

264

CITY CHARTER AND OTHER A0T8.

may act in virtue of tho 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 ^he same for.
malities, as the said Circuit Court, or any of the Judges of
he said Superior Court, is directed to proceed in and hy the
above last cited Act, as regards tho ejection of the Lessee for
committing waste upon tho promises or part of tho 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
tho intent for which they wore leased, or because the term of
his lease, cither 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 tho competence of the said llecordor'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 tho limits of the said City.

I'rovUo: pow-
er llinltod to
property of a
eertain value.

And alro m-
oovcry ofwr-
vant'B wagoti,
ke.

Rooital.

64. The said Recorder's Court shall also have summary
jurisdiction over all demands not exceeding twenty-five dollars
for tho recovery of wages and salaries of servants, journey-
men, or labourers employed by the day.

65. Whereas by an Act of tho Parliament of this Province,
passed in the eighteenth year of Her Majesty's reign, chap-
tor one hundred and forty-two, the property, estate, chattels
and effects bc(iueathed by the late John Conrad Marsteller,
for the purjMse of establishing in tho said City of Montreal
a House of Industry, wore transferred from tho hands of
tho late Wardens of tho House of Industry, to and made to
vest in tho said Corporation of the City of Montreal ; and
whereas it is believed that tho purposes for which tho said
late John Conrad Marsteller so bequeathed the said property^
will be more effectually accomplished by transferring tho said

OUT OHARTBR AND OTHER ACTS.

256

ovmco,
chap-
lattols
stcUor,
ontroal
nda of
ado to
; and

9 said
perty,

10 said

City Council
aiitnoiixod to
truiiffbr CH-
tatn of Into <T.
O. Mariitolloi-,
to cnrtain
iuatitutloiii.

Proviao; oon-
illtiuii of
tranvfer.

property to a duly established and permanent institution or
institutions in the said City, having for object to relieve and
assist the poor : therefore, it shall be lawful for the 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 oflfocts 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 relievo 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 tor 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 to the poor, indiscriminately and
without any distinction of creed or nationality.

60. 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 Comimny of Catuida in the osttiblislunent 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 tlie said grant should be a[)plicd tcwards purchasing the
necessary groimd to be acfpiired for establishing the said rail-
way terminus : therefore it shall be lawful for the Corjioration
of the said City to purchase and acquire, ui the snme manner
as the said Corporation is authorized to acijuire or expropriate
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 retiuired 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

Itooltol.

city ('oiincll
aiithorUnd to
ii(;(|iilro pro-
|M'rly to the
I'.xtciit of
KfWMKX) lor
till) (irntifl
Iriiiik Itall-
wny t'lty
'rurniiiiui).

OITT CHARTER AND OTHER AOTB<

FroTlso.

Council to
have power
to license,
regulate or
prohibit mn-
ileal saloons,
Ac.

To make rules
and rexula-
tions for the
erection of
buildings.

Oity ; provided however, the price or Gompensation to be paid
by the Corporation of the said Oitj 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.

67. 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
saloons or establishments wherein intoxicating liquors are sold,
and wherein instrumental music or singing, or both, are used
as a means of attracting customers ; and the Council of 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 hours, to be established in such By-laws, as
well the interior as the exterior of all such houses or buildings
in the said City, for the purpose of ascertaining whether the
rules and regulations to be made as aforesaid, have been duly
observed and obeyed ; and the said Council may also, by any
such By-law or Ordinance, impose such fines not exceed-
ing Twenty Dollars, with Imprisonment not exceeding Two

OITT OHABTER AND OTHER ACTS.

257

Calendar Months unless such fine be sooner paid, as they
may deem expedient for enforcing the same.

59. All the provisions of any lavr or laws inconsistent with inconsistent
the provbions of this Act shall be and the same are hereby repealed,
repealed ; and the present enactment shall not have the effect

of reviving any Act or part of an Act repealed by the said
law or laws.

60. Nothing herein contained shall be construed to repeal By-Laws hero-
any By-law heretofore made under any Act or part of an Act nouffeotea
or provision of law hereby repealed ; and notwithstanding ^

such repeal, every such By-law now in force shall have the
same force and effect as if this Act had not been passed.

61. This Act shall be a Public Act. Fubiio Act.

FORM A.

"I, having been appointed Commissioner

" under the provisions of the (^cits the Acf) do swear that I
" will faithfully, impartially, honestly, and diligently execute
'* all the duties of the said office according to the best of my
"judgment and ability. So help me God."

FORM B.

Public noticv) is hereby given that the Assessment Roll of
the City of Montreal, for the Ward of the

said City, (or the supplementary roll of Assessment for the
Ward of the said City) is completed and is now deposited in
the office of the undersigned, in the City Hall. All persons
whose names appear therein as liable for the payment of any
assessment, tax or duty, are hereby required to pay the
amount thereof to the undersigned at his said office, within
twenty days from this day, without further notice.

City Hall,
Montreal, (date.") City Treasurer.

268

CITY CHARTER AND OTHER ACTS.

FORM C.

Corporation of Montreal.
Mr.

Copy of Account.
Notice Served, $

(^Date of Notice.')
Costs,
Notice,

Corporation of Montreal.

Mr.

To the Mai/or, Aldermen and
Citizens of the City of
Montreal,

To Assessment, &c ^oi' Water
Rates, &c.

(Here State Account.')

Sir,

Take notice that, having
failed to pay the above men-
tioned sum within the time
prescribed by public notice,
you are hereby required with-
in fifteen days from the date
hereof, to pay the same to me
at my oflSce, together with the
costs of this notice and service
thereof, as below ; in default
whereof, execution will issue
against your Goods and Chat-
tels.

City Hall,

Montreal, (date)

Costs,
Notice,

(Signature)
City Treasurer.

CITY CHARTER AND OTHBR ACTS.

259

Province of Canada,

City and
District of Montreal

FORM D.

In the Recorder's Court of the
City of Montreal.

The Recorder of the City of Montreal :

Debt

Costs

• • • • t)p

Warrant . . .

To any Bailiff of the Re-
corder's Court of the City of
Montreal, in the said City and
District of Montreal.

Whereas, A. B. (name and designation of debtor^ hath
been required by the Treasurer of the said City of Montreal, to
pay into his hands, for and on behalf of the said City, the sum
of being the amount due by him to the said City,

as appears by the collection-roll of the said City for the year
18 ; and whereas the said A. B. hath neglected and refused
to pay unto the said Treasurer, ivithin the period prescribed
by law, the said sum of ; these are therefore

to command you forthwith to make distress of the goods and
chattels of the said A. B. ; and if within the space of eight
days after the making of such distress, the said mentioned
sum, together with the reasonable charges of taking and
keeping the said distress shall not be paid, that then you do
on such day as shall be indicated to you by the said Treasurer,
sell the said goods and chattels so by you detained, and do
pay the money arising from such sale unto the Treasurer of the
said City, that he may apply the same as by law directed, and
may render the overplus, if any, on demand, to the said A. B.,
or others whom it may concern ; and if no such distress can
be found, then that you certify the same unto me, to the end

260

CITY CHARTER AND OTHBR ACTS.

that such proceedings may be had therein, as to law doth
appertain.

Given under the hand of the Clerk^

of the said Recorder's Court at Mon- ( Y. X.

real aforesaid, this day of [ Clerk of the

in the year of our Lord J Recorder's Court.

FORM E.

Public notice is hereby given that on next, the

day of instant, (or next,") the goods and

chattels of the parties hereinafter named and designated now
under seizure for non-payment of assessments (or other duesj
as the case may be,") will be sold by public auction, at the
hours and places hereinafter mentioned, to wit : —

NAMES.

AMOUNT.

PLACE OF SALE.

No. Street.

HOUR OF SALE.

•

1
(■

City Hall,
Montreal, ((fate.)

(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.')

CITY CHARTER AND OTHER ACTS.

261

27 AND 28 Victoria, Cap. 56.

An Act to regulate the Storing of Gunpowder
in and near the Cities of Montreal and
Quebec.

{Assented to 30th June, 1864.]

WHEREAS life and property are exposed to serious preamble,
injuries from the storage of Gunpowder in private
magazines, and the conveyance of Gunpowder to and from
such magazines, in and near the Cities of Montreal and
Quebec : Therefore, Her Majesty, by and with the advice and
consent of the Legislative Council and Assembly of Canada,
enacts as follows :

1. The Council of each of the said Cities of Quebec and powers of Coun.
Montreal shall have power and it shall be their duty to make and Montreal as

, ,„ ,. 11. 1 *" ^^^ storage

and eniorce By-laws tor regulatmg the keeping and trans- and transport

•' ° ° . *^ ° of gunpowder

porting of Gunpowder or other explosive or dangerous mate- extended to a
rials, as well within the said Cities and each of them as within """es p»>t»ido

' ^ ^ _ , the said citiei.

five miles of the boundaries of the said Cities respectively ;
for regulating and providing for the support by fees, of maga-
zines for storing Gunpowder belonging to private parties ; for
compelling all persons to store therein ; for acquiring land as
well within as without the limits of the said Cities (within the
distance aforesaid), for the purpose of erecting such maga-
zines ; for granting licenses to keep such magazines ; for limit-
ing the quantity of Gunpowder which shall be stored therein,
and for the continuous inspection and supervision of such
magazines ; Provided always that no person shall store, keep Proviso:
or have within either of the said Cities, nor within five miles be""tored only
from the boundaries of either of them, any quantity of Gun- witiiin^he sai/
powder exceeding twenty-five pounds in weight, at any one
time, in any house, building or place other than a building of

262

CUT CHARTER AND OTHER ACTS.

stone covered with metal, made fire-proof, surrounded by an
external wall of stone or brick, 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.

2. All Gunpowder stored or kept, contrary to the provi-
sions of the next foregoing section, or of any By-law made
under it, shall be forfeited.

Forfeiture for
oontTAvention.

Penalties to
be imposed
by B}r*Iaw8.

Powers of
Councils,
recorders,
Police &o.
extended to
the said
limits.

Act not to apply
to-Her Majesty's
magazines.

3. The By-laws of the said Councils respectively may
impose such penalties, not exceeding two hundred dollars fine
nor more than thirty days imprisonment, or both, for each
offence, as they may deem necessary for enforcing the same,
and may provide in what manner the forfeiture specified in
the second section of this Act may be enforced ; and for all
the purposes of this Act the jurisdiction and powers of the
Council of each of the said Cities, and of the Recorders,
Judges of the Sessions of the Peace, and other Officers and
Police thereof, shall extend aftd apply to the tract of land
lying within five miles of each of the said Cities, respectively
as if such tract were included within the limits thereof ; any-
thing in any Act or law to the contrary notwithstanding.

4. This Act shall not apply to nor affect any magazines
belonging to Her Majesty nor to the conveyance of Gunpow-
der and stores to and from Her Majesty's magazines by Her
Majesty's forces on military service.

by an
;h, and
'Space
I, with

provi-
made

r may
rsfine

each
same,
led in
'or all
>f the
rders,
3 and
land
iively

any-

r
3'

zines

pow-

Her

INDEX.

PAOB

ACCOUNTS, City Trearorer's 32

ACTING MAYOR, to be appointed quarterly 85

ADJOURNED, Meetings of Council ,... .........36

ALDERMEN, qualification of 9

" how elected 21, 22

ANIMALS, cruelty to 193

APPRENTICES, 48

APPROPRIATIONS, how made 149

ASSAULTS, 166

ASSESSORS, appointment and duties of. 23, 31, 100, 101

Their remuneration 23

Oath to be taken 24

Their powers 24

By-laws relating to 25, 53

ASSESSMENT, of Is. 6d. in the £ on real estate 42

Additional not exceeding 3 pence in tue £ 52

Non-payment of, liable to increase 56

Properties to be sold after 5 years' non-payment of 56

Mode of proceeding 56, 57

Tenant liable, with right to deduct from rent 57

Privilege for 5 years' assessment 58, 86

Applications for reduction of 100, 101

Collection of assessments — how made 249, 250

Special for street improvements — how made 243

Roll when completed to bo deposited... 243

Public notice to be given 243

Roll may be revised 243

264 INDEX.

How recoverable 244

Majority of assessors to decide... 244

For street paving, sidewalks, &c 244, 245

ATTENDANCE of Members at Meetings 48

AUCTIONEERS 43

AUDITORS, appointment of, oath, &c 25,115

BANKS 42

BILLIARDS 42

BOARD OP HEALTH 45

BOARD OF REVISORS 11, 15, 16, 103

Their powers Airther defined 91

BONDS, power to issue {See Loan) 5

BOUNDARIES of Wards 5,6,7,8

BOUNDARY Stones 230,232

BOXES for election of Mayor and Councillors 14

BREAD, weight and quality of. 48,97

BREWERS 43

BRICK MAKERS 43

BROKERS 42

BRIBERY at elections 113

BUILDING AND JURY fund... 208,209

BUILDINGS, erection of. 60, 256

BY-LAWS for general purposes 41, 94

'' to be submitted to Governor General 55

" to be public luws 106

CARRIAGES, tax on 42

CARTERS 97,106

CASTING VOTE of Mayor ...34

CATTLE, running at large 97

" Markets 49

CEMETERIES 66

CHIMNEYS 63,64,256

INDEX.

265

CIRCUS 42, 95

CITY BOUNDARIES *. 5

CITY COUNCIL— how composed 9, 18

CITY COUNCILLORS-how elected 89

their qualification 9

term of office 18, 21

maybe re-elected : 19

not to serve for more than one ward . 19
" to be Justice of the Peace 28

CITY CLERK 28, 29, 252

CITY TREASURER 29, 31, 32, 77, 78, 79

CITY SURVEYOR 29

CITY OFFICERS, disqualified from voting 103

CITY RAILWAY 161

CLERK RECORDER'S COURT 252

COAL 45,99

COCK-FIGHTING 96

COLLECTION of taxes and City dues 249, 250, 251

" of water rates 251,252

COMMISSIONERS {See Expropriation) 23i

COMMITTEES 36

COMMON-SCHOOLS, contribution to 198, 199

COMMUTATION, money 44

CONFISCATION 97

CONSTABULARY FORCE 48, 67

CONTESTED ELECTIONS 19, 20

COPIES of entries of minutes, &c 35

CRUELTY to Aninmle 193

DF^^D BODIES 96

DEBENTURES 5

DECORUM at Meetinj?s of Council 107

DEPUTY RECORDER 94

266

INDBX.

DEPUTY CLERK, Recorder's Court 84

DISCOUNT, on a8ses8ment8,&o 102

DISORDERLY peraons .190

DISQUALIFICATION of Members.. 9, 19, 20,28

DISTILLERS 43

DISTURBANCE at elections 17

DOGS 42

DOORSTEPS 47

DRAINAGE, loan for 151,248

ELECTION of Mayor and Councillors 13, 14, 15, 17, 18

" when to be held 85

" Mayor to appoint a day for, ^'n certain cases 20

ENCLOSURE of lots 46

ENCUMBERING streets, ko 96

ENQUIRIES in Committees 58

EQUALITY of votes 15,19

ESTATE, Marsteller.., 157, 158, 159, 254

EXECUTIONS for taxes, assessments, &c 250

EXEMPTIONS from office of Mayor, &c 27

EXPENDITURE, limited 150

" , penalty for excess of. 150

EXTRAORDINARY VACANCIES in Council 22

EXTRACTS of minutes and 35

EXPROPRIATIONS, mode of procedure 234

Appointment of Commissioners 234 , 235

Notice in the Post Office 234

" in Newspapers 234

" to be posted on lots 235

Court to appoint Commissioners 235

Commissioners held to act , 235

Exemptions 235

Commissioners to be furnished with plans 286

" to be sworn 236

iin>EX.

267

EXPBOPRIATIONS.

Comniissioners their powers and salary 236

" to be furnished with title deeds 236

Procedure for valuation of property 236

Examination of witnesses 237

No indemnity for buildings erected after posting up

of notices 239

Majority of Commissioners to decide a question 237

Increased value of residue of property 237

If Commissioners fail in their duties 237, 238

In case any one should die 238

When appraisement is completed, parties to be

heard and notified 238

Report of Commissioners to be submitted to Court

fjr confirmation 238, 239

Confirmation to be final and without appeal 239

After confirmation, Corporation to deposit amount

of compensation 239

Effect of deposit 239

Mortgages removed 240

Recourse of mortgagees 24G

Money, how distributed 240

Money, not liable to tax or commission 240

Provisions extended to compensation for alteration

of levels, &c 240,241

Corporation may acquire a certain extent of land
over that required for the improvement, under

certain restrictions 241

New mode of expro^^riation extended to improve-
ments ordered before the passing of this Act 244

FENCES 46

FERRIES 37, 43, 48

FINES.

For non-acceptance of office 2Q, 27

FINES AND PENALTIES 52, 66, 263

FIREMEN.

Exempt from certain duties 53

FIREWOOD A 46, 99

1268 INDEX.

FORMS.

Of convictions 176, 182

FORWARDERS.

Tax on 42

GAMING .J 95, 192, 196

GAOL 206

GAS COMPANIES 43

GENERAL POWERS.

Corporate 4

GRAND TRUNK.

Railway Company 154, 155

Terminus 255

HARBOUR.

Commissioners 71, 119

HAY.

Sale of 99

Market [new] 248

HORSES.

Tax on 42

HOUSE OF INDUSTRY 157, 158, 159, 254

HOUSES OF ILL FAME 167, 191

INNKEEPERS 42

INSPECTORS.

Of Pot Ashes, &o 43

INSURANCE.

Companies 43

INTERMENTS 4..

INTERPRETATION.

Clause J 72

INVESTIGATIONS 68

JURY LISTS 227

JUSTICES OF THE PEACE 28

JUVENILE OFFENDERS 178

INDEX.

269

KYTES 96 •

LABOURERS.

Wages 264

LARCENY 166

LESSORS.

And Lessees '. 253,254

LEVELS.

Of streets may be altered 47

Compensation for p 47

LIGHTING.

Streets, &o 47

LIMITS.

Of the City ...5

LOAN.

Of £160,000 for general purposes 38

Of £50,000 for Water Works 131

Of £160,000 Stg., for «' 189, 140

Of £50,000 for " 38

Of £60,000 for " 144,146

Of £60,000 for «• 148,149

Of £126,000 Stg., to consolidate debt 76

Of £100,000 Stg., to " 102

Of £10,000 Stg., for new Markets 104, 10.^

Of $176,000 for drainage, &c 151, 162

Of 6160,000 for " 218

Of 020,000 for Fire Alarm Telogruph 162

Of £87,600 to redoem St. Lawicnco and At-
lantic Iliiilrond Bonds 156

Of 8160,000 for widoniujr Notro D.mic 8tro."t...247

Of $00,000 for the new Hay Market 248

Of $50,000 for the Grand Trunk Terminus ...255

LORD'S DAY.

Observance of 99

LOCAL IMPROVEMENTS.

Ske Expropriations 234

LOOSE AND DISORDERLY.

Persons 190

270

INDEX.

MAGISTRATES.

Powers of, vested in Council 36

MARKETS.

Sites may be altered 44

Bye-laws relating to ..44, 45

MARSTELLER.

Estate 157, 158, 159,264

MAYOR.

Election of. 10

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 Revisers 103

MAYOR'S COURT.

Abolished 66

MEETINGS.

Of Council, quarterly 20

Special .• 34

Minutes of. ....35

To be held with open doors i....35

Who shall preside 34

Quorum 34

Adjourned meetings 35

Maintenance of order at ...107

MILITIA.

RoUs 223, 224, 225, 226

MUSICAL SALOONS ,.256

NOMINATION.

Of candidates 91, 92

NON-RESIDENTS.

Suits against 100

NOTICES.

How given 104

INDEX. 271

NOTRE DAME STEEET. .

Widening of. ,.246

To be divided into4 sections .246

One year allowed for each section : 246

Cost of improveihent, how borne 246

Duties of Commissioners 246

Provision relating to leases 247

Special assessnient to be levied 247

Delay may be granted 247

Proprietors may anticipate time fixed for improvement.. 247
Loan of $150,000 247

NUISANCES 46,96,107

OATH.

Of Voters 14, 112, 114

Of Mayor, Aldermen, &c , ..i 26

Of Auditors ,...115

Of Assessors ..^^ 24

Of Commissioners 236, 257

OBSERVANCE.

Of the Lord's Day ...99

OFFICERS.

Deprived from voting at Municipal Elections 103

To render accounts 32

To pay over moneys received 33

Maybe proceeded against 33

OIL FACTORIES 96

OLD WALLS.

Buildings, &c 48

OLD WATER WORKS.

, Purchase of. 120

OVERCHARGES.

Of assessment 100, 101

PARLIAMENTARY.

Voters' list 210 to 222

PEACE.

And good order 95

272 INDEX.

PENALTIES 52,253

PEDLING 96

PLAN.

Of the City, how made - 280

Surveyors to lay out streots ; 230

May enter upon property 230

To make out plans of streets 230

Boundary stones 230

Laying out of streets may be made by section . ...230, 231

Plans to be confirmed by Court 231

When confirmed to be binding on all parties 281

Duplicate plan to be made 232

New streets, when to be opened 232

POLICE FORCE.

Authorised to apprehend idle and disorderly persons.... 68

Further powersgivento 69

If guilty of neglect of duty 71

Assault on, punishable 71

POLICE MAGISTRATES.

Powers of..... 187,188

POUNDS.

Public ■.... 99

POWDER 261

POWER.

To issue Bonds .5

POWERS.

Formerly vested in Magistrates to be exercised by
Council 36

PRIVILEGED CLAIMS.

For assessments, &c .1.86

PROCEEDINGS.

Against members unduly elected 19, 20

PROSTITUTION 95,191

PUBLIC POUNDS 99

QUALIFICATION.

Of Mayor 9

" Of Aldermen 9

INDEX. 278

Of Coimoillora 9

Of voters 10, 89, 90, 210

QUARTERLY MEETINGS.

Of Council 20

QUORUM. , '

At meetings of Council 34

RACING 95

RAILWAYS 106

RECORDER.

Appointment of. G4

His salary 64, 94

May appoint deputy 94

RECORDER'S COURT.

Established 59

Its powers defined 63, 118

Further powersgiven to..65, 84, 87, 106, 108, 109, 118. 194

Fines, how recovered 66

. To be held by Recorder only 83

Writs or processes, how signed 83

Clerk of. 84,252

Judgments summarily registered < 118, 252

Fines and penalties 66, 253

Jurisdiction of, extended to cases between lessors and

lessees 2.53, 254

Acts relating to 166 to 198

REMISSION.

Of fines ..V 66

REPEAL

Of certain laws 7i

REPRESENTATION.

Of Wards 18

RESIGNATIONS.

Of members 21

RIOTS 95

SALT.

Weight and measurement 45

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274

INDEX.

SCHOOLS.

Oommon 198, 199

SERVANTS.

Conduct of. 48

Wages of. 254

SEWERS.

Power to assess 46

SHERIFF.

Duties of, in connection with consolidated debt 80, 81

SHOWS 95

SINKING FUND 77, 78, 79

SLAUGHTERHOUSES 96

SNOW.

Remoral of. 96

SOAP FACTORIES 96

SPECIAL ASSESSMENT.

For watering and sweeping Streets 49

For property destroyed by mobs 49

On Real Estate. See Assessment.

SPECIAL MEETINGS.

Of Council, how called 34

STATUTE LABOUR 44

STEAM ENGINES 96

ST. LAWRENCE

And Atlantic Railroad Bonds 163, 154

STREETS.

Power to open 233

How laid out 230

Plan of. 230

Paving of. 244

Beyond city limits 242

Watering and sweeping of, 49

SUNDAY.

Observance of 99

INDEX. 2t6

TARIFF.

Of Recorder's Court.... 65

Of Water rates 40, 116

TAVERNS 95

TAVERNKEEPERS.

Tax on..... 42

TAX ON BUSINESS ; 42

TAXES.

How collected 249, 250

TELEGRAPHS 162

TENANT.

Liable for assessment with recourse against proprietor.... 57

THEATRES.

Tax on 42

TREES.

Planting of. '. 98

TRINITY HOUSE.

Powers not affected. ...71

VACANCIES.

In Council '. 22,93

VACANT LOTS. 24

VACCINATION 200

VAGRANTS 191

VOTERS' CERTIFICATES 12, 13, 112

VOTERS' LIST

How made.., 10

Open for public inspection 10

When completed 12

•To be filed in City Clerk's office.... 12, 113

Parliamentary 210 to 222

VOTES.

Case of equality.... 15,19

WAGES.

Of Servants 254

276

INDEX.

WALLS.

Separation 50

WARDS.

Boundaries 5, 6, 7, 8

How represented 18

WATER COURSES 98

WATER RATES.

Power to impose...... 40, 116

Collection of. 251

WATER WORKS.

Management of. 98

Old Water Works 120

Introduction of water in buildings 41

Supply may be cut off 41

Power to extend beyond city limits 142

Bridges to be built, fences, &o 142

Tailrace w 143

Pipes 129

Property, how sold 143

Loans for. See Loan

WITNESSES ...58,63

WOODEN BUILDINGS '. 50

WRITS.

Of mandamus 19, 20

■