Ml *S§- A#. IMAGE EVALUATION TEST TARGET (MTO> // A '# : .-A- 1.0 [|i^ ta Mf I4i 122 £ 1^ 12.0 t -j^ I.I j^ . •♦•, A* > 'i^^ ,<^: I 1 ^ J :\ y CIHM/ICMH Microfiche Series. ,- •* XiHJVI/JCMH Collection de microfiches. Ik — ^- '^. ""fiv ?^ > * ■^. Canadian Instituta for Historical Microraproductiona / InatMut Canadian da microraproductlona l^ttoriquaa ■t^ . , Tachnical and Bibliographic Notas/Notos tachniquaa at bibliographiquaa Tha Instituta hat attamptad to obtain tha baat original copy avaiiabia for filming. Faaturai ol thia copy which may ba bibliographically uniqua. which may altar any of tha imagaa in tha raproduction, or which may significantly changa tha usual mathod of filming, ara chackad balow.i L'Inatitut a microfilm* la maillaur axamplaira qu'il lui a it* possibia da sa procurar. Las d*tail8 da cat axamplaira qui sont paut-*tra uniquas du point da vua bibliographiqua, qui pauvant modifier una imaija raproduita, ou qui pauvant axigar una modification dans la m*thoda norniaia da filmag*- •ontjndiquis-ciyiaaaour. D ■D D D A D n D D D Colourad covara/ > Couvartura da coulaur Covars damagad/ Couvartura ahdommag*a Covars rastorad and/or laminatad/ Couvartura raataur*a at/ou pallicul*a Covar titia miaaing/ La titra da couvartura manqua Colourad mapa/ Cartas g*ographiquas an coulaur Colourad ink (>••. otihar than blu* or black)/ Encra da coulaur (i.a. autra qua. biaua ou noir«( Colourad plat** and/or illuatrations/ ■ Planchaa ot/^ illuatration* *fi eouiaur Bound with othar matariai/ R*li* av*c d'autr** documonii » Tight binding may cauaa shjidows or distortion along intarior margin/ La f liura sarr*a paut caua*r da I'ombra ou d* I* diatoralon la tong da la marga int*riaur« Blank laavas addad during rastoration may appaar within tha taxt. Whanavar posaibia, thaaa hava baan omittad from fllmirig/ II sa paut qua cartainaa pagas blanchas ajout*aa lors d'ufva raatauration apparaissant dans la toxta. mais. lorsqua cala *tait possibi*. eaa pagaa n'ont pa* *t* film*a*. r~J Ad^Rron*l commont*:/ nn Colourad pagas/ Pagaa da coulaur Pagaa damagad/ Pagas andom{mag*as Pagas rastorad and/oi Pagas rastaur^as at/ou pallicul*aa rn Pagaa damagad/ j*^ Pagas rastorad and/or laminatad/ fyj Pagas discolourad. stainad or folfad/ D Pagas d*coior*as, tachat*as ou piqu*as Paga* datachad/ Pagas d*tach*as r~l Showthrough/ D Transparanca Quality of print varias/ Qualit* in*gala da I'imprassion □ Includas supplamantary matarial/ 'Comprand du mat*rial suppl*mantaira D D Only adition avaiiabia/ ' Saula *dition disponibi* jm Pagas y^fholly or partially obscurad by arrat* slips, tissuas. ate, hava baan raf ilmad to onsura tha bf st possibia imaga/ Las pagas totalamant ou partiallamant Obscur'cias par un fauillat d'arrata. una palure, •tc. ont *t* film*as * nouvaau da fapoji.* ebtanir Ja maitlaura imaga possibia. ' 1 « ■:-.■, ■■'-■ ■* - ■'" /v' • .'/■' ^ '.^ :■'.. , ■*■:''-. r » * 'V •' i T ■ y ■\ Commantairoa tupplimanuiir** This itam is (ilmad at tha reduction ratio chackad balow/ Ca documant'ast film* au taux d* r*duction indl (moaning "CON- TINUED"), or thaVmbol ▼ (moaning 'END"K whichavar appiiaa. . ' Maps, plataa, charts, ate., may ba fllmad at diffarant raduetion ratkM. Thosa too larga to b* antiraly includad in ona axpoaura ara filmad Jbaginning in tha uppar iaft hand comar. iaft to right and top to bottom, aa many framas aa ^ raquirad. Tha following diagrams iKuatrata tha ^mathod; r. ■/ ''^.■* # L'axamplalra fllnti fut raproduit grica A la gin^roait* da: S«ininaira da QuMmc B|blioth4qiiA„ Las imagas suivantaa ont 4t4 raproduitaa avae la plus grand soln. compta tanu da ia condition at da ia nattat* da l'axamplalra film*, at 1% conformitA avae las conditiona du contrat da fiimaga. Laa axamplairas originaux dont ia couvartura w papiar aat imprimAa sont flimAs an comihan^ant par la pramiar plat at t* tarminant soit par ia damlAra paga qui comporta una amprainta dlmpraaalon ou dlHuatration. soit par la sacond plat, salon la eaa. Tous laa autraa axamplairas originaux sont fUmlp an commandant par ia pramhkra paga qui comporta una amprainta dlmpraaalon ou d'illuatration at wi tarminant par la damMra paga qui comporta una talla amprainta. Un daa symbolaa suhrants apparattra sur ia damlAra imaga da chaqua mieroflcha. salon la cas: la symbols — ^ signifis "A SUIVRE". la aymbola ▼ signifia "FIN". planchaa. taMaaux. ate., pauvant Atra fllmAa A daa taux da rAduetion diffArants. Lorsqua la documant ast trap grand pour Atra raproduit an un saul ciichA. ii aat flimA A partir da i'angia supAriaur gaueha. da spuaha A drolta. at da haut an baa, 1% pranant la nombra d'imagaa nAcaaaaira. Laa diagrammas suh^ants illuatrant la mAthoda. ■ "TS!^ 4= 6 ■■'fi i. ;•%. o. AN ACT TO AMEKD THE ACT TO AMEND .WD OOXSOUDATE Of THB ACTS AND ORDINANCES RELATWO THE PROVISIONS CONTAINED TO THB I.VCORPOKATION OP, AND THE SUPPLY OF WATER TO, THE CITY OF QUEBEC; I.--V 29-30 Victoria, Cap. 67. OTTAWA: • PRINTED BY MALCOLM CAMERON, Uw Prioter to the Queen's Mo,t Excellent Majest, ).6«6. / ■•■ -^-^f ^' . ■ <«%■. L ;*6. office a! unless J ior one and pos continui witliin t and abo able apt by birth ^^^^p^^^*^ ■^1^^' ANNO VrCESIMO-JIONO ET TWOESIMO ---tlCTORl^ REaiNM. GAP. LVil. ■ - ^^ U^sented to I5th August, 1866.1 WHEREAS the Corporation of fhe^Citv of On k u ▼ f by their petition, prayed that amln ^T^^"" ^^""^^ ^'^™We. made lo the Act uassed in ,L ? amendments may be Majesty's Reign, LSej • AnL T'^'yT'^ year of^Her \l^ Provision, c^tJZ in thiJtlt^^^ """^ ^consolidate ^v^..,. the incorporation of and f hi f ? Ordtminces relating to ^ Quebec, and it iTex^drPnt t "^'^ f "'"'^ '«> '*" cd of Her Majesty, L^anJ^vtTk^aS '^7 ^'^^^'^ ''^^'^^^^ substit'ftfdXt^or'/'^ "^' ^^^ '^ •^P^^^-J' -d the following sec... « repealed. and possLed at the tS.? of t,fe?Sn"^d t '^ ""' I' '^'^^ cominuance of his .said offiol « ? ^ "^"""^ ^^^ ^^^^^^ wiUun the said city, f the vSu.'of t ' T"" "'^' ^^^^^^ ^^tate and above all rents%harges ieb.lnT l^^'^'T^ ^"^^«^«' ^^^^ able upon such real estatf^^'^^^^ /^s he ^r'^T ^l« "^ P^^" by birth or naturalization .'" ^ * ^"t'«*' subject . f- o( "«. ■-rr Cap. 57. Corporation of Quebec. 29-30 Vict. Prool. oJ qunli- fication before eleoiion or no- ininntion. 4 c S I- Uatbsol alle- giam-e and «('- ollioe^ Persons dis <|iialifle(l. Section 16 amendrd. ■/ VVlieii the Mavor, &i\, • sh«il enter on '':■■'■"'. iheir duties, alter election. Section 16 •inenderor, Alderman d to be placed 16 Recorder or at such person erty qualifica- provided, that 3nths from ttie , Alderman or lall not act as egiance, men- i 3e before the or district of ectcd Mayor, , the ministers !ongregatione, T the funds of luments, fees le officers and 3 convicted of any' of Her ks of the said I generally all ly contract or said Act is lected at the I the duties of i^d privileges efr-tiie second that MoiTday II enter upon 3ay." said Act is present shall le passing of shall not in .sfevenieenth "It. 18§6. Corporation of Quebec. Cap. 57. ag- ^-sarVtrJL^hrr^'^'t'^^TT-^^" '^^^^ considers neces- inquiry Ly " -*'afy'.K^fl»>i^--thfi-Jkcorder 'of the said city to inititute an Re<^ofc1erL,. *cZo7ati^n 'in hif "' "^'"^ ""'^''i °' ^^^^^"^ ^^ ^^e said o^^^-^:^-'- shall for h^-; capacity as such, and the said Recorder ; - shall for that purpose be vested with all the powers conferred • upon h.m by section twenty-feeven of this Act, in the case of • an inquiry ordered by the Council ;" ^i»«oj_^ . • - ■ ■ ■ < . " 13. The Mayor may suspend subh officer or servant from m - ite^unSTr '^ !;i^ duties, a^Tsuch suspension mascot SnT.?.. tmue until the Council of the said city shall thereupon decide." **'"'*'^- _ * axLd^TZi^''^ ^"''"^ ^i^^''''' ofthesaidActJs section 18 ' amended, by adding after the word " Mayor " the words " or •'<'"^"<^«< belore any member of the said Board ;» • woras^ or .i^,^!;^^'''^^''^ '^^'^ons^^-^dded to the said section p„^, V ^ * amendment. " U. The said Assessors may exercise, eilfier colleclivelv . ' apon Ihem by this Acl, or by any other Act, or by the by-laws ' bril.°e^Baj|ta"rZ"" '""''•' "''■^'':°" ""^ "^-f" ."ad: • • " f^" J^vo members of Uie. said board, present at anv meet- ;. .ngof the said board, shall be compdVeA/ tg exercise^alT the &""' powers conferred on the |aid board by this Acf ;'' 7. Subsection one of section twehtv of the said Av.f lo • a'JuS o/tS^t^ ^'^^ '''' ""^-^^ " «^-liy swornl bel e^ a^=f a.Justice of the Peace, or a member 6[ the cfty Coun^i "' the - words " or before the Clerk of the said Recorder's Court.''' 8. Subsection three of the same section is amended bv u ^ adding the following words at the enjgejeof : ' ^ a^.^^en.. the'Vartfm:;^^^^^^^^^^ ^.^"^^^ ^^ ''' P^'> «^^^^ ^^ «hewn by 9. Subsection four of the same section is amended bv p . adding the following words at ihe end thereof: ^ fr„toe„,. "Otherwise the .said Court shall order the amendment or addition applied for, to be made." correction, 10. Subsections two, three, four and eight ol^e1ctionfemV:^I7^ thlfor: ' '' ''' ''P'^'^^' ^"^ ^''^ following subsS -enTed** " 2. The Council may by By-iaw impose and levy— V^l =^t=»r wm' • Y ■ ;f^"(f^''T,^|^. y. ;:**^» ^ , ^a'P-'^7.. ''Corpo/aiwn of qv^ehtr.. [ ' jl-30 Vict. Toll.. - ".Tolls np'cyi all works under its jurisdiction in the said city ; -.^..en. :^" An annual assessment on the rnovable .nd in^movabi;- Li™,u,.,o„. - mTthfnkfi , ff"'^^'-"" "R«^» both, or .upon either, as it Siafter fi^Sd f ."f^^^'"!?' «hall not (exLpt in the 'cases nnualv^ n^^^^^ ten cent^ rn.tlie. dollar of the annual value of the propeVty assessed ; ' ' Drainage lax. pe Obligatory for |l)eyearlS66-7 Tenant and prt)prietor each to pny 'half. "3. Impose and levy for drainage upon, immovable oro- • . rty, an assessment which shall not exceed twTarS a C cents -m tlK> dollar of the annual value assessed ^ . \ ^""■~ xhlr^<.w * A^ ?''".^«^"''" «f the city shall, without other \uthoritv • . than tills Act impose and levy such tax for the- fiscal ve»r • S lSre'd-:iS'^-^'^^' '"' f xty-six and orieSitsCd tigm liundted and sixty-seven; in the manner orescribed fnl ■ e:i3o::S^"^'l'T"^-f ^^^^' tSxesorassesSts upo? \ '^' P'^^f'ty, and the said tax shall be payable on and after tshett'^ "^ ^Vovember next, and shall ^coLinueTo be levied • inS>S^ 1 T r^ ""l^ "'A'^" '^^'"^ ^'^"« i" ^'*<^'' succeeding ye7r unui repealed by the said Council' • '^ ^ \ leased ^rn!Sn''''^l^ immovable properly when t'hesame is' ,r^f, f'JP' T'"P'«^ byjiny pgrspn other than the nroprietor 'Shall be payable pncvhalf by the proprietor and one&^bv the ' tS^r'^'^^'^^ ^^^^'^ shall ^paidby^g Specific rates on chatteU, tia«fc.'s,-&c. "" Liceiisps. Penaltie^ Section 24 amended. Recovery of taxes., «^rS^ '""''' "P"" ""'"""Is'-Vifl clmllels, upon trades 4. The Council rhay — - " *' uZ^^'^K^''^^ T^'^^ ^''^^ imposable by and- men- tioned m the foregoing third sub,s^ction, licenses or pSt?- " Piinish-by.a fifie not exce'eding fifty dollars or bv imnrJ sonment for one calendar month,\nlesssurfin^ be Z"; paid, any contravention of the By-laws made iii virtue onhe foregoing provisions." "^ °' ^ne II. Thofim-subseclion of section twenty-four of the said Act ,s amended, by adding^at the end ihereo/thc folWingT du^s whate4r, oJl^gt riS^c^Saiiot^; 1^"^^ * the V •■/ ■ V jM-30 Vict. he said city • immovable either, as it in the cases lollar of* the ovable pro- • and a. half ir authority fiscal' year ie thousand JScribed fqj^ rtents upon n and after o be levied & ye^r aedin he same is j)roprietor, lialf by the aid by tfefei 3on trades, 1 manufac- corporated holders or I !peans of ncies and i and men- ermits ; r? by impri- be sooner tue of the f the said )wing : 3overy of nnnicipal on before the ,^ 166. Corporation of ^Quebec. CaprtST. rervnnp hoS..^' , ! ""J'* *""! '''0 ihy "n which »ii;], iW™™.!"* , further proceedings be taken on S .'• P^^^^'^g that, no , , petition'shallin"JfctSt"2^pp^^^^^^^ , ' '.' presentation of such perition, the said Recorder's 60^,^^ u^u ^"^-"' " ^ proceed lo\atludicat^PrPnnnn o^!l v ^^ , ^^^^^ shall Court to adju- •, noUc^andVmaid stiJj'ed Z^'ha™ ,he fame '"S"f^^:'>"^'"' "'"~- such petition had -been nresWikH „n, iff .1 ° ?f"" ^* '' "" maftitained, the said LroS c„?„ if 'I' '","' P"""™ ""= •• . ' .herenpon a^ the justieeTf the ea^etayt'.inr."'' """' """ , ' . " .JeveKndZeironS'atTe .tr'".' ^^^-'/'S"'' "■-' '-• -"- -• Aet, a. repealed. ^XlZ:^^ZZZaZ:I^: "^^ -="- '' ' -fte*rsrrarbe::i^;r'rr «-- -«.-«.,.• s"XbTsr4i&'-h:^'^''; r, f.-T^^r ^-te^"»i^^ - of the a^iessmem ta^ ra,/ or n^''* ''"'"■ '°', '!" '"" l^y™"' reserving kin.eJ.X'/X'ZTtZZa^S'''^ f'^' "" ''"'"'*■='■ sesaots." ■•-" "•' 'a^* ^gaiist Ills co-heirs or co-pos- shaUbe less than that sum." amount ol hui assessment en realty. ;i;pys,:roMr,rmo?'ec„xfx^^ S™ atefor"'",tr U'rieP°YT' f '^•' ■''"'' "^eSern ° r„r ■■* proprietor, ten^-„™SSn ^^7""'" ■=!'"" ""'-*="'' ' " .en'lm o'rVcrpfJ ofe't™ 1^"^- '" r^"™' '''"P' *" ""r ' ' '0«^-, * /-♦ proportion of the •ielor -J^^ ti^»c««,uenis, Taxes, rates, or other municipal """'""'' dues .. i( rj 8 J K / #.' Cap. 57. Corporation of Quebec. 2p-3b Vict. ietor of the shall be ion. ' dues payable by such tenant or occupant, the real property occupied by such tenant or ocj /responsible to the Said corporatiofa, who maySfJf'act' from the proprietor payment of any sum Ao due for such assessments, taxes. Bates or other municipal (iues by such tenant ttr occu- pant ; " " - ' . ' "6. But the corporation shall in such case bring theiMction agamst the proprietor before the commencement, of the quarter endmg the year of tenancy -during which sucli assessments taxes, rates or other municipal 4ues shall have become oav- able ; " . . "^ •' Execution ag»in«t land«. " X- In case a defendant debtor to the Corporation for assess- inentsor other municipal dues does not possess-any moveables '_-^ t)"" if he does not possess sufficient moveable property fqr the' payment of the defet and the costs, ^ or of any portion of "the debt and costs ^hich may I* due, then if such defendant pos- sesses any real estate, lands and tenements in the district of Writ de t,rri». Quebec or in any other district in Lower Canada, a writ de Urris- for the seizure and sale of the said real estate, lands and tene- ments, shall be issued from the Ilegorder's Court accordin* to ^ law, at the instance of the Treasurer of the Coikoration, upon' the return of the bailiff, having the execution of the writ, setting ^orth the ahfp^ice or insufficiency of moveable property ; "■ {" Writ to whom adtlrcoS' d. " 8. the \Vrit shall ba addressed f8* the Sheriff of the District in which the real estate is, and returnable into the Superior Court for the District of Quebec ; " PrcHeedrngson 9. The Sheriff shall pijoQoed upon the Writ in qll respects as provided by law in all cases of sales of real estate by authority of Justice, and shall make-a return of the said writ OpilpMtl.ulK, Duty ol'tM>a- Miror, ImIiIv. •. '. . Hutninoutitg 'illMit'iitiHri. and his procejidmgs upon it to the said Superior Court ;•", " 10. Any opposition, incidental claim or proceeding con- nected with the execution of the writ and tlie distribution of, the moneys produced by the sale of the real property, lands and tenements shall be made, filed and detenniribd by the said Superior Court as if thelsaid writ had issued •fiW-'it-; " X V "11. The Treasurer o(\lie City slihll be charged with 'the recovery and collection of aW moneys due to the Corporation and ho shall u^e all legal means necessary for the pur|)08e ; '♦ ' ' **'i2. He shall be responsible for the loss of any sum due to Ih^ Corporatitni, unless he proves that he has made every effort for lis rec6ttry ; " . '' " ', , V ■ ■ ■ ' ■ < < '»• It, Inca««!, tlip. debtor of any n.s.sessmcnt, tax, or other mtinieipal «lnes, docs mil, reside in the District of Quebec he a hull be nutitied in npi iu a i' in il ic U.iundi i'.^ Couil in ilie inUhher' prescribed -•''% -I ^ 2P-30 \'icT. Tietor of the nt, shall be ict from the assessments, int or occu- theii" action the quarter issessments, epome pay^ n for assess- mpveables, erty fqr ,the " tion of the eiuJant pos- ( district of ,vrit de Urris s and tene- ccording to, ation, upon • vrit, setting prty ; "' the District le Superior ill respects estate by - i said writ art ;•" , edlng con- ri but ion (jf j , lands and r the said t;" ". - I with "the orporalion, arjx)8e ; 1806. Corporation of Quebec. ») um due to very effort Cap. 67. 9 prescribed by law for summoning absent debtors, and visions of that law shall apply mutatis mutandis to an ceedmg btefore the said Court, in the same manner as apply to the Superior and Circuit Courts ; " the any pro- pro- they (( 14. to he maimtFT pre fieri bed All^ssessments, taxes, or other municipal dues owine n„, . . . the Corporation, shall be privileged debts, and be paid Syf^^r" according to the rank assigned to assessment and rates by the I^A ",* P«' two thousand and i^nth article of the Civil Code ; " mo ' ""' " ib. But this privilege, which need not be registered" shall •, , . ' only extend to the current and preceding year, and as regards feT real e§tat^, it shall only affect the real estate upon which or in ' t - respect of which such assessment, tax, duty or other municipal, ' due shall have been imposed ; as regards personal property, this nm„„ .. i privilege shall only extend to movlables poesessfd wiSn the ' " limits of the City, unless the debtor has fraudulently conveyed the said rpoveables without the limits of the City ; »' * " 16. In case the assessment books foj the q^nl year are ,..k u ■ not made and completed at the period at whicliPe said pri- for the'^ur«„. VHege« shall be exercised or claiftied, the Corporation may ^'f •"'»'" demand for the current yearj the assessment, .taxes or other T municipal. dues entered against such debtor for the /preceding / .year in the said books of assessment, and it shall be for the « debtor to establish that, since the completion of the last books o'J:XVor°' ot assessment or the expiration of the- fiscal year of the City he has ceased to be liable for such assessment, taxes or other municipal dues or any of them ; " " 17. The action of the Corporation for the recovery of any Prescription oi assessment, tax or other municipal due whatsoever shall bo »««". prescribed by the lapse of two years to be computed from the ' ^y on which such assessment, tax or municipal due shall nave become due and payable ; " ,^ " 1.8. All the provisions of the preSHiit Abt shall apply ^n t , like manner to the recovery of all special assessments or rates I^Alk imposed by the Council of the said City, or by the Treasurer '^''• of the said City, and to the rale or tax for water furnished by the water-works of the said city ; »> ^ .J\?: S"b»«f "n six of ««ction twenty-six of the said Act Section a« shall be amended 'by adding the following words nt the end of »"'«'"'«>• the said subsection : thp'iid'^rhv'' T^' f^"." •^\"^'"i"'«tered by the Recorder of Ad.„i„^,e,inr the said City or by a Justice of the Peace for tho City or for the *•"»■ District of Quebec, " J2_ la. The words " five hundred " in the first line of section section » twenty^ight of the said Act, shall be replaced by the words S^Xf' Q A' i ^' £ 14. r 10 Sub-section 16 of aect. 29, amended. Cap^. 57* Corporation of Quebec. ^9-30 ViOT. 14. Subsection sixteen of section twenty-nine of the said Act shall be amended by adding at the end thereof the words " relative to fire." ^- !^T^!' ^' . *^- Sub-section twenty-one of the said section twenty-nine 1-epeaied. 18 repealed and the following substituted • / _ J', ■ ■ .' fy- • ' ■ -.I- t^Sr* K " ^*- **" ?^^.^"y ^"™' necessary to indemnify or to assist 4iurt,&c. "V ^ annual allowance, not in any case to exceed fifty dollars any person who shall have been heretofore or shall be hereafter a member of a fire company or of the police force of the said City, who shall have received or shall receive in the perfor- mance of his duties as such,^ a wound, or^ contract or have contracted any disease rendering him unable to provide for his - support either in whole or in part, or the family (the wife or children) of any such person who shall have lost his life in the performance of his duties aforesaid ; and the Council shall by such by-law determine the period during which such allo- wance shall be paid." 1«. Subsection twenty-three of section twenty-nine shall be' amended by adding at the end of the said subsection, the lollowmg: ' . ' "And may punish any infringement of any provision of such by-law, by a fine not exceeding forty dollars for each day such infringement shall continue ; and every such day shall constitute a distinct and separate offence, and shall be prose- ' cnted as such." *^ . Sub-«ection 23 amended. Penalties lor violating by- laws. Sub-iec. 33. fiemoving ^now, dec. Limitation of obli(?niion to remove snow, dec. Mew Kub-sec- dons after 33, 17. Subsection thirty-three of the said sectioir is repealed, and the following substituted therefor : " 33. JFor requiring the removal by any. proprietor, tenant or occupant of any house, building or real property whatsoever or of any portion thereof, in the said City, of all snow, ice! dung, mud, soot, filth or any matter or thing whatsoever inju- rious to health or emitting a bad smell, or contrary to clean- liness, in or upon any street, lane or public place, adjoining such bouse, building or property on any side whatsoever ; " " But 8#!h proprietor or occupant shall be required to make such removal from one half only of such street or lane, or from fifteen feet in width of such public square adjoining suck house, building or property, in accordance xvith the by-laws made or to be made in that behalf by the Council of the said City." J 18. Th(\ following subsections shall be added after sub- section thirty-throe of the said section twenty-nine, namely : C( (spr ^9-SO ViOT. le of the said ireof the words m twenty-nine y or to assist ed fifty dollars, ill be hereafter J of the said 5 in the perfor- tract or have irovide for his ly (the wife or his life in the Council shall ich such allo- -nine shall be ' ibsection, the provision of ! for each day uch day shall hall be prose- is repealed, itor, tenant or ^ whatsoever, I snow, ice, itsoever inju- rary to clcan- !e, adjoining tsoever j " red to make lane, or from oining such the by-laws of lb«r said id after sub* , namely : 1866. * •:--. CorporaHbh ofMhiehec. Cap. 67. 11 " (a). • obstructions in any ^^rJ^f^^^^^^'T^^ peding or contracting such street, lane or public s^Se °^ tioned in subsection thirty-thf^e^XS^L. "'''5?'' "'^^- "'' '"'''*'•'• section added thereto, shall bfre^ved^^t the Sn^e^T."". proprietor, tenant or occuoant h^ilhIt^ expense of the' tVla";;^^,;?/ -'- -'■ -w o, ice .a^S M the stall, of the market, of tCSchvS S'''' "?!P' "«"''■"'• shall not be required to proVe that the defondant Ims sold «i. 12 Cap. .67. Corporation of Quebec. 29-30 Vict. 1^ Sub-sections repealed and otners substi- tuted. 31. Subsections forty-tl^ree, forty-four, forty-five and forty- sijt of the said section twenty-nine, are repealed, and the following substituted therefor : . «* " 43. Any police officer or constable of the said City may require any person mentioned in the preceding subsection, to I- exhibit his license, and on his refusal, or if he has no license, the constable shall bring such person before the said Recorder's Court, if it be then sitting, to be by the said Court disposed of according to law ; " Jf Recorder's 'Court is not Bitting. ' (C If the person arrested has no license. 44. If thci said Court be not then sitting, and the person so arrested is unable or unwilling to give bail, before the clerk of the said Court or his deputy, or before the said Recorder, for his appearance before the said Cou^, at its next sitting, or if the said person refuses to pay ^he amount' due by him for his license, such person shall ble detained in one of the police stations of the said City . until the next sitting of the said Court;" " 45. If such person has no license, the bail required by the next preceding subsection shall be two hundred dollars, in any other case it shall be eighty dollars, andil the conditions of the admission to bail be not fulfilled, the sum mentioned in the recognizance shall "belong to the said Corporation, and may be recovered by an action for debt before the said Recorder's Court in accordance with the law regulating the said Court ; the surety or sureties required by this and the next preceding subsection shall be known and solvent persons rejjiding within the limits of the said City ; " ^ " 46. If the said persoriappi^r, the Court on the admission of such person or on proof of the offence by one or more " credible witnesses, shall condemn such person to pay a fine not exceeding two hundred dollarsJ and in default of immediate payment of the said fine, and of Uife costs, the said person shall be ■ imprisoned and detained in th/ common gaol of the District of Quejjec, for a'period not exceeding two months, unless the said fine and costs, togeth^ with those of imprisonment, be sooner paid." Additional 99. The foUowlng'^Iiall be added aft^r tht? forty-eighth sub- Jl^"**''°?f '** section of the said Section twenty-nine : « " 48. (a), ^he said Council may also, by by-law for that purpose, compel parties who carry on any business or trade in the said City to take out licenses for the carrying on of such business or tfade ; this reauirement may be extended to all branches of business or trade, or only tathose to which the said Council rariy deem it expedient to extend it ; " If the offence be proved. Eztmt of By- law. "48. (6) ; • jmtl^ 29-30 Vict. ve and forty- laled, and the ^ dd City may subsection, to s no license, lid Recorder's rt disposed of the person so 'e the clerk of Recorder, for t sitting, or if )y him for his ; of the police of the said iquired by the red dollars, in he conditions mentioned in iion, and may d Recorder's said Court ; xt preceding iding within lie admission one or mote! )ay a fine not of immediate erson shall be he District of , unless the risonmcnt, be 1«66. y-eighth sub- ^-l*a\v for that 38 or trade in ig on of such ended to all rhich the said Corporation of Quebec. Cap. 67. 18 48. (6) 48. (6), The said license shall be given by the deri of the Price of said „„,^ shall avail from the day on which they shall be grafted until ""• the first of May then next ensuing, and no longer." 99. Subsection sixty-one of sectioii twenty-nine of the said Sub-Ltion Act IS repealed and the following substituted : ei^S . " ^h For suppressing and regulating houses x>f-prostitufion, Supp««i„. „ houses of lU-fame or disorderly or reputed such, or any other reeSg buiidmg whatsoever in the said City, suspected of being a nn^' °' P"^' house ol prostitution, house of ill-fame or disorderly house and to make in relation to such houses or buildings, or to the masters or mistresses thereof, or persons reputed such or the tenants or occupants of such house or building, or the persons dwelling, lodging or residing in such house or 'building, or relating to any prostitute or person known or reputed to be such, any by-law necessary for public order, decency or morality ; and by any such^ by-law, any master, mistress, tenant or occupant of such, house or building, or any person reputed to be such, may be held responsible for any infringe- ment of the provisions of such by-law, by any person dwelling residing or lodging in such house or building, or frequenting the same, but nothing herein contained shall prevent the party offending from being prosecuted for the offence by him or Ker committed against such by-law, at the option of the prosecutor • and by such bv-Iaw, any infringement of the provisions thereof shall be punishable on conviction before the Recorder's Court bya fine not exceeding one hundred'doilars, or in default of * payment of the fine and costs, by imprisonment with hard labor, for a period not exceeding six months ; but the' impri- sonment shall cease on the payment of the fine and the costs due at the date of such paymeq|." ^ a4. The following subsection shall be added after sub- New .ui,.,ec • section seventy-two of tlie said section twenty-nine : tion Mter 78. " ''. ^"y I?''""" who shall be in the habit of remaining with a whn.h.ii s. vehicle-withon«i or two horses harnessed thereto, or of causing deemicilrt^ sue!) vehicle «o to remain on a carters' stand, or in a street lane, porch, or the entry of a yard or house, or on a public square m the said City, or of carrying in ^uch vehicle any persons, eflects or merchanc^ise. whatsoever, shall be considei-ed m carrying on the business of a carter for lucre, gain or profit either for himself or for some other person, and shall be liable to any fine or penalty imposed by law or by the by-laws of the City, va ijcisiius currying on TlTe-b-usiness of ircarTeTaiorMaiar and •■\ • r 14. Cap. 67. Corporation of Quebec. 29-30 Vict. Ki- Sub-section 79 amended. RatMof wharlage, &c. and in any suit or complaint brought by virtue of this provision, the onus of proving that he does not so exercise the business of a carter, shall he upon the defendant." KTer??"" ^^: "^^^ following subsection is added after subsection uonBter77. seventy-seven cf the said Section twenty-nine : .<-■■■•" ^^'^"rJls , ."J7 (a).'But inasmuch as the said corporation hath in good and others, laith entered mto^gagements with Messrs. Pierre Barras, may be earned George Coutuj^d Theodule Foisy, in relation to the ferry be- tween the s^^city and Point Lewis, the Mayor is empowered m the name of the Corporatism to granrto the parties above named, on such conditions as the Council shall deem expe- dient, the exclusive privileges of the said ferry for nine years or less, commencing on the first day of September, one thou- sand eight hundred and sixty-six. * • ■ . ■■ 36 Subsection seventy-nine of the said section twenty-nine shall be amended by adding at the end thereof the following: " And also to make a tariff of the dues or rates of w'harfage to be exacted and levied for the use of the said wharves for the mooring of schooners, vessels or other craft, and for discharging, loading or depositmg thereon for any other purpose, any animals, merchandise or effects whatsoever, or for the use or occupation by any vessel whatsoever, of Palace harbor within the limits of the said City. 97. The following subsections shall be added to the said section twenty-nine : " 84. No huckster shall sell, offer or expose for sale, any commodity or provisions whatsoever, except in the stalls of the markets of the said city, or other building appropriated for that purpose by the said Corporation, under pain of a fine not ex- ceeding forty dollars for each offence ; and in any action or suit instituted for a violation of the provisions of this subsec- tion it shall shjill not be necessary for the plaintiff to prove that the defendant is a huckster; it shall rest with the defendant to prove that he is not a huckster ; " " 85. Any person who buys, for thepurjwsc of selling again by retail, any commodities or provisions commonly sold on the pubhc markets of the said City shall be deemed to be a New sub-aec- lions to sect. 39. Hucksters. \Y)m shall be. s^ijnso, as Sub8e9tion eight of section thirty of the said Act is repealed. „ EdLeu.; , •?; Subsection nine of section thirty of the said Act is repealed, and the following subsection shall be added after gubsection ten of the said section ; '^~ ^ '♦11. 29-30 Vict. f this provision, the business of ter subsection Q hath in good Pierre Barras? to the ferry be- is empowered parties above 11 deem expe- for nine years iber, one thou- )n twenty-nine e following; 5s of -vvharfage .wharves for the )r discharging, t, any animals, or occupation n the limits of ed to the said for sale, any le stalls of the riated for that a fine not ex- any action or f this subsec- \ to prove that the defendant selling again ly sold on the ned to be a said Act is i said Act is ? added after "^ "11. 1866. Corporation of Quebeo, Cap. 67. u 11 . All recognizances required in penal malters, in all cases Reeognizan- , when the .h^e or penalty sued for shall belong to the said Cor- *"•*■ poration, in ca«e of the non-fulfilment of all and every the con- ditions mentioned in such recognizance, shall be given in favor of the said Corporation, and in case of the forfeiture of such re- cognizance, the Corporation may recover the, amount thereof from the sureties jointly and severally, h^ action for debt before the said Recorder's Court." 30. The first subsection of section thirty-one of the said jsectionsi. Act IS repealed, and the following substituted therefor : amended. *'The police force now established in the safd city shall. Police for.* • after the passing of this Act,be under the exclusive control of iwarftocon- a board consisting of the Mayor, the Recorder and the Judge of '"''' *°' the Sessions of the Peace for the said city, of \vhom two shall form a quorum; the said board shall appoint a sufficient voof-, number of men qualified to perform the duties required of those ' *"** who form part of the said force, but such number shall not ' exceed sixty-two men ; " / ■ -. ' . , / " 1. (a). The Treasurer of theCity shall pay to the said board Exp^«eMo out of the revenue of the said City, and upon their demand, all ^ P"'** ^^ all and every the sums required by the sdid board, to pay, equip, ^""""'*'- arm and lodge the said force or part thereof, to maintain, repair, purchase, build, heat and light police stations, and generally all /' sums required for incidental or accessory expenses of the said police force." ' . > ' ■ ■ * u */•*;■ ^'^"^section nine 0f the same section is repealed, and Sub- section 9, the toUowing substituted therefor : ^ repealed. ^ "9. No police constable shall withdraw from the said force ^jonstabits not before, the expiration of his term of engagement (except in case •" '*"^« "'>• he shall have been discharged, ^under pain of a fine not exceed- Tn^gemenr ing eighty dollars, or in default of payment, of imprisonment for a period not exceeding three months ; " "The engagement of any constable shall be deemed to be Term of enga- made for the period of one year and no more ; but any engage- ««•»«"«• mem may be i^newed with the consent of the board." 89. Subsection sixteen of section thirty-one of the said Act Sub-aection 16, is repealed, and the following substituted therefor : "'^^*"^"' ^*' " 16. Any person ariasted on view for an olfence against the Person, ar- by-laws of the said city, may be admitted to bail by a Justice i«»««i on view. (A the Peace, who shal^ accept as sureties only persons of "* known solvency, for the appearance of the person so arrested ^ Iwforc the said Reconler's Court on the day named in the recognizance; ./ "The 4- 16 Cap. 67. Corporation of Quebec. 29-SO Vict. Aq»ountof bail. ^ « The amount of the recognizance in such case as well aii in the case of persons arrested under the provisions of subsections ten, fijeven and twelve of this section, shall be forty dollars ; A^? for the said recognizance there shall be exacted fifty cents, which shall be delivered to the Clerk of the said Court with the recognizance, and the said fifty cents shall belong to the said'. Corporation." Sub-Mction 18 33. Subsection eighteen of the said section thirty- one is repealed. repealed, and the following substituted therefor : " 18. Whoever shall abuse, threaten, assault, strike, or resist any constable or inpite any person to assault, strike or resist Punishment of tirri^Hc^ &c. ""J ^'""^liiuie "r lague any person to assault, strike or resist such constable in the performance of the duties imposed upon him by this Act or by any other Act or by any by-law of the said city now in force or hereafter to be in force in the saici, : or shall * . ' , j« ^ ' Rescuing pri- soners. Resitting visit of cmittcMe, " Violently deliver or carry ofl' a prisoner, or in any way whatsoever cause or procure the escap e of a prisoner in the custod y of such'constable ; or '*~'^ ■ - " Shall resist such constable in his visit and examination of any building, ground or place whatsoever in the said City, or refuse him admission thereto or to any part thereof, in any case in which such constable is authorized by law or by a by-law of the said City to make such visit, shall incur, on conviction for each offence, a fine not exceeding fifty aollars, or imprisonment for a term not exceeding two months, or both fine and impri- ' sonment together, in the discretion of the Recorder's Court aforesaid." 34. The following subsections shall be adSed after the nineteenth subsection of section thirty-one : " 20. The said police board shall appoint a Secretary, who shall also be Secretary of the board of assessment; such Secretary shall keep and sign the minutes of each meeting of the said boards, and shall perform all duties assigned to him by the said boards respectively ; " swnUd'bJhira "^'' ^^^ document signed by the^jsaid Secretary in his capacity as such, shall be received as primd fade evidence in all Courts of Justice, and for all purposes whatsoever ; " New 8ub-s«ut., added. Secretary of police board. •^aJary. ir- " 22. The salary of the said Secretary shall not exceed six hundred dollars per annum ; such salary shall be fixed by the Council of the said City, and shall he paid monthly by the City Treasurer ; bul if the Secretary is already an officer or employee of the said Corporation, he shall only be entitled to an increase of salary not exceeding the sum of two hundred dollar8>*' 29-SOViCT. se as well ai!( in s of subsections »e forty dollars ; icted fifty cents, Court with the ong to the jjjai'd'. >n thirty-one is strike, or resist strike or resist 3 imposed upon ^ by-law of the rce in the sai<^ or in any ■% ay , prisoner in the examination of e said City, or eof, ill any case • by a by-law of 1 conviction for r imprisonment fine and impri- * scorder's Court d9ed after the Secretary, who essment ; such ach meeting of (signed to him ?cretary in his cie evidence in loever ; " not exceed six be fixed by the thly by the City an officer or Y be entitled to )f two hundred 1866. Corporation of Quebec. , Cap. 67. 17 (( S3. " 23. The said police board may, as often as they shall de.em inquiries into , it necessary, institute an enquiry into the conduct of the police conductor force of the said City; or of one or more of the members of the ^''*'^' said force ; the said board shall have for that purpose all the p powers granted to the Recorder of thjrf said City respecting enquiries made by the said Recorder by order of the CouncU of the said City;" " 24 The powers conferred by the subsection nineteen of the Powers oi Fo- thirty-hrst section of the said Act shall for the future be exer-i'Ce Board. \cised by the Police Board." Sflf. Subsection eleven of section thirty-two of the said Act SuVsection ii is repealed, and the following substituted therefor : k^]X' " 1 1. After the passing of the present Act it shall not be law- Wobden ful.to cover with wood or other combustible material, any house '=°^"'"8*<« orbuiJding which shall hereafter be constructed or built, or HS.'^ '^" shall be in process of construction, at the period of the passing . of the present Act ; or to repair with wood or other combus- ' ' tible material, any roof which, at the time of the passing of this Act, was composed of wood or other combustible material * when such repairs shall exceed five square feet ; " ' " But any such roof shall be of sheet-iron, tin, zinc, slate or Of what to be other incortibustible material which may bq adopted or pres- '"'*'^*' .<»ibed ijy ft by-kw of the^ said Council, xmder-pain of a fiaa^ ^ not exceeding two hundred dollars for every infringements this provision, and a further fine not exceeding twenty dollars for every day such infringement may continue, and every day of such infringement, shall constitute a distinct and separate offence punishable by the fine last srtiove mentioned ; and the ' said fine shall be sued for and reco^lered'as prescribed by sub- section twelve of this section." • 36. The following subsections shall be inserted after sub- New sub-sects. seclio.n thirteen of the said section thirty-two: to sect. 32. "14. After the passing of the present Act, it shall not be w^en buii- lawful to build or construct, or ^o pause to be built or construct- •> w 18 Recovery of fine. Cap. 67. _/ Corporation of Quebec. 29-30 Vict. occupant, and such fine^hall be recovered in the manner pres- cribed by the said subsection twelve respecting wooden build- ings ; " V Fire inipeetor to we this car- ried out until, &c. 16. All the duties imposed by this section shall, after the passing ol this Act, be discharged and executed by the fire Inspector of the said City or other officer to whom, by a by-law oi:gani2ing the fire department of the said City, the supeririten- dence of the said department shall be- 6ntrusted or who shall f^^^'^l chief officer thereof under any by-law to that effect; and the said officer shall see to the execution of the provisions aloreeaid , bht the said Chief qf Police shall be charged with K^°n^^^'^^*"'^ **' ^'^^ provisions of this section until an officer Pen.iivforn. fu i J® ^^^" appointed as aforesaid tj superintend or direct ^M«iiyiorne- the fire department ; and the said officer shall be liable lo the fine and penalty imposed by the thirteenth subsection of t.his section." ScTar ^^\ Subsection one of section thirty-five of the said Act is amended. amended by adding the word " paving" after the words " By- law of the said Corporation for." if-^ otTaJSe^ A *^" S"b«««tion twenty-five of section thirty /five of the said pealed." ^^^ ^f repealed, and the following substituted therefor : Ss^e°«t . " ^^j ^" ^^^ completion of the said special assessment roll, roll*. ijpe said assessor shall -deposit th« same, duly certified, along , ^ith a map or plan, designating all and every the pieces or parcels of land or real estate subject or liable for the said special assessment, in the office of the City Clerk ; '? Term. « tj^ said roll shall remain in the said office during fifteen days, for examination, from nine in the morning until four in the afternoon of each day, (Sundays and fetes d'obligation excepted ; " ^ °,' " Notice of the deposit shall be given under the signature of the said Clerkinatleasttwonewspaperspublishedinthe French language, andtwo newspapers published inthe English language in the said City, and twice in each pf such newspapers ; and parties interested shall be informed in the said notice that every person who shall deem himself aggrieved by'the said assessment roll may, within the said fifteen days from and after the first insertion of the said notice, .fije his complaint in writing and under oath, in the office' of the Clerk of the • Recorder's Court of the said City } such oath may be adminis- tered by any Justic* of the Peace for the City of Quebec, or by the Clerk or Deputy Clerk of the said ( 'ourt ; cSSS^tf*"" ." And thereupon proceedings shall be had upon the said ccwnplamt m the manner and form prescribed by law for the r^ision of the grdinary assessment rolls of the h»\(\ oUy an^d t ^ -— ^ • . no Notice of depo sit. Complaints may be filed. Supei pensi< tothe '4«ge a and fi V' 29-30 Vict. manner pres- ooden build- lall, after the i by the fire by a by-law, ! supeririteii- )r who shall that effect; B provisions harged with il an officer md or direct liable to the ction of this said Act is jyords " By- ! of the said for: ssment roll, ified, along le pieces or said special rin^ fifteen mtil four in i'obligation (ignature of I the French sh language ipers ; and notiqc that 3y*the said i from. and )mplaint in ' erk of the te adminis- ebec, or by n t,he said aw for tl|fi city; » P d no * 1866. Corporation of Quebec. Cap. 57. no complaint shall be allowed after the expiration of the deiay afdJresaid, under any form or before any court of justice whaW It soever 49. Siibsectmir twenty-nine of the said section thirty-five sub-seciion 29 shall be amended by mserting after the w6rds " flagstone or of section 36 brick foot path or side-wftlk," in the said siibsection, the 'V""='«>«'' words " street crossings or woodel^side-walks." *• '(tfCt.. 40. The following subsection ^sHST bemadded aft^ sub- N«w«.Tr. section thirty-one of the said section thirty-five : -^ to 31. ' ' N " - . " 32. The assessments mentioned inAhe foregoing provisions t^-. of this section shall be recovered beMre the said ;Recorder's asseLm^nu; Court in the same manner as any Municipal assessment, tax, due or rate whatsoever, is recoverable before the said Recorder's Court undetthis Acl."^-— ^^ .^ 1 : i ' __: - -.^r / J 41. After section thirty-five of the said Act, the followinar^ section shall be added : ^ ^ Now section. " Hereafter .the said City Council, when it shall deem it Board of civil expedienj, may y place all works conmected with the said city works: chief and the waier-works thereof under the control of one depart- ^^'''"' ment, which shall be called the Board of Works ; such board r shall be managed by an oflScer to be called the Superintendent . / of Works ; he shall be entrusted wit"h all thedMursemeots oft - the corporation excent contingencies of office : " 2. .He shall enjo^.the attributes 'hnd shall bsLchargeci with Duties. the duties of the several officers whom he shall succeed in virtue of this Act ; ., . \ " 3. His Salary shall not in any case exceed five laiBdred Salary. pounds currenfcy ; f . • ,- "^ ", ' . ■ ' . -«=* I- * ." ■' ' " 4. The Superintendent of Works shall not be dismissed How remov- otherwise thait by a two-thirds vote of all the members of the «We. Council, at. a regular, meeting*; ' ' >• •". I "5. The words Superintendent of TTorfts .shall me^ City interpretaUon. ^ Inspector, Inspector of roads, streets, bridges, and chimneys, ■ . «nd_Water Works Engineer ; ' » ■' " ■ - -■ . ■■ "6. In case the present City Inspector, Joseph Hamel, Pe„,io«ti,Joe, £squire, shall jfitire in virtue of the present Act, and when the Hamei,E»qr. Superintendent of Works shall have been appointed j a yearly " ' • pension not exceeding eight hundred dollars, shall be grantjbd- tothe said Joseph Hamel, in consideration of his advanced •^lage and long services ;• the pension shall commence only on and from the day of his retirerhMt." . 4a. «) M X ■ If'** ;4if' Corporation of Quebec. 20-30 ViOT. nates, 'wi\tu to be brought i/! . After s«bii**^tion twenty-six of the section thirty-seven laid Act, the Mhvtmg subsections are added : , . " 27. The . estimates of ths expenditure and requiremensjs ©f the public service for the then next fiscal year, shall bei^nb- mitted to the Council, by the several committees appointeij aft6r the members of the Council chosen at the annual election shall have taken their 8r«»9, and not later than the fifteenth 4av of Febru&ry in each year, and shall be referred without delay to the Finan9e Committee ; . Examination of " 28. The Finance Cojnmittee, after having examined them *""• conjointly » with the resources of the Corporation, shall return them to the Council and suggest the ways and means ; 1866. "37 Works the Cfi revenu poses ! "38 it has 1 "39 tion in Ways ami 'Deans. " 29. The ways s^nd means shall be voted before the,appro4 priations ; • . __ >>. ." ' . - . ■ " -■"■ ''^'7' '■' ~^" . ■;*'»'^ Appropriations. « 30. The appropriations shall be specific and shall be devided into categories or chapters ; , " 'Salaries. Office contin- gencies, Wiiai to in- clude. Dutie^ mittee btcpip- " 31. The salaries of thd^ officers both of the Corporation and of the' Water Works shall form ope division of t^e budget, and the names of those officers with their titles and salaries respectively shall be entered upon one list ; " 32. The office contih^j^ies of the different departments shall fqjpi one division drfiie general budget, and the City Clerk shall, after they haVe been voted, distribute them under the direction of the Mayor, to- each office as they may require them ; • - ^ \ ^ ' "These contingencies shall inclujde advertisements, printing, stationery, and all office necesisaries ; - " .33. The standing or select committees of the Cbhjoration, shall not hereafter order or cause -work to be done, n<^ expend rnoney, iior take any initiative involving the . ^fcpe«diture of money ; Jhe same. " 34. The duties of th^ '^mmittees shall r\ . : ascertaining and rnakftg known to the Coui .^ , • ',ment8 of the civic sei-vice " 35. The Finance Committee shall have the management ^e finances and of the accounts, and no sums of money iases with respect to which other provision is made *Vbe p^id without the signatures of the Mayor, the id another member of the committee ; .fri|e MayWtoay take part in the discussions and vote n all Committees of the Council, and the Chairman shall only have a casting vote in the case of an fequal division ; . , " 73. Vd««*ofma &c. pay* b; writter money shall 1 expenc 43 la repe; any pe rfepairi) works, by tl^is the ex Water- emban works, any p< others, Court, or. by a at onc| lo the recover Court, prescril 44 any coj brewer :< subsecl manufE lishmei \ ' 29-30 Vict. a thirty-seven led : quiremeulB ©f shall b&'iM^ js appoint^j inual election ; the fifteenth irred without arnined them I, shall return Jans ; " . >re the,appro4 ill be devided rporation and ! budget, and and salaries departments irid the City them under may require nts, printing, Cbk)oration, , ncn- expend "itiire of management IS of money sion is made B Mayor, the ons and vote m shall only n ; . , "75. 1866. Corporation of Cap. 57. 21 « 37. The accounts, both of the Corporation and the, Water Accounu. Works, shall be direilly under the coahrol of the Treasurer of the Ghy, wlio shall nevertheless -keep distinct accounts of the revenue arid expenditure of the "two )3epartmentj8 for the pur- poses specific^ in the law ; if ;.i'Jfilf^. / ":^r ,. - ^ •,&0. "39. tion in,< Recovering . from oflicers , money unlaw- fully expended by them. " 38. No debenture or cheque shall be payable Or valid until chequ it has received the signature of jthe Mayor and the Treasurfer | 'IJreasurer shall deposit the money of the Corpora- Deposiu « Hlpre of the chartered banks of the said city ;\ ^ • sHW^be the duty of the Mayor- to sue' in the name ijrporation, for the recovery of all sums of money lefdngW^ to.the Corporation unlawfully expended by any officer lereof, and which th§ Corporation shall hbve been obliged to ^aj^ by reason of any contract, promise or engagement, or writtenlar verbal order, and the recovery of any such sum of , money shall be sued for against the (/fficet or employee who .shall have so unlawfully expended it or. caused it to be expended." . c - » 43. Subsection sixteen of section thirty-six of the said Act is repe,alc(i, and thejollowing substituted therefor : " 16. if any person shall prevent the said Corporation or any person employed by the said Corporation, from erecting, rfepairing or qprapleting any of the works of the said Water- works, or from exercising any of the powers and rights accorded by tl^is section, or shall embarrass or shall interrupt them in the exercise of " such rights, or cause any injury to the said Water-works, apparatus or accessories thereof, or obstruct, embarrass, hinder or prevent the working of the said Water- works, or the appai'atus or accessories thereto belonging, or any - portion thereof, or shall cause the same to be done by others, such person shall, on conviction before the said Recorder's Court, be punished by a fine not exceeding one hundred dollars, or. by an imprisonment not exceeding three months, of by both at onpii^at theMiscretion of the said Courtyrwithout prejudice lo tne damages caused,, which the .,rfgfiid Corporation may -, recover, together with costs of suit, by an action before the sijid Court, and the said Court shall proceed in the said action as ^ ' prescribed by the law regulating the said Court." 44. Hereafter the Council shall not have power to make Vo »uch cpn-' any contract for the supply of water to. be furnished to any <«" allowed. ; brewery, ilistillery, tannery or other buildings mentioned in ''*"**^^"'" ' I subsection twenty-seven of the said section thirty-six, ibr 1 rnanufacturing purposes, or for workshops or industrial estab f lishments, for a longer period than five years. # '^- Subsection 16 ofsect. 36rc- j)ealed. » Penalty for 6b«;ructing erections of water-works.. Fine or Im- prisonment or both. % i y*"*^ > - 45. * '. :■■ / 4f L^ 22 « Subsection 1 ofsect. 38 re- pealed. Hecovery of fiaesi &c. £(ifbrciDg parent. Council not to remit fines without ap- proval of Re- corder, * . W;;^; Cap. 67; '. darporoHfn of Quebec. 29-30 Vict. ' .4«l. The first subsection of ^ipction thirty-eight of the said Act sliall be repeale^^ «a4f thevfollowing substituted therefor : '^'Every fine' and peni^lty imposed by the said Act, or by the pre]sen^ > Act, for the punishment of any offence committed against the provisionis of the said Act, or of this Act, or of any by-law in force, or which shall 4)e in force in the said city, with the approval of the Recorder of the said city, givel^fb any application made to the Council by a defendant for the remis- sion of the fine and costs to which he may have been condemned by the said Recorder's Court." '' MISCELLANEOUS PROVISIONS. 't: i!f. ■ i Further sum to be raisetl for complet- , ing St. John's faato. •• 46. Whereas Iw the Act twenty-seventh and tw.enty-eighth Victoria, chapter fifty-nine, intituled : An Act to authorizt Vie Council of the City of Quebec to issue debentures for the enlargement of the gates of the said City, the Council is autho- rized to issue debentures to an amount not exceeding twenty- four thousand dollars ; and whereas the said amount has not "^ . beenjfound sufficient, the Council is authorized to issue, in addition to the said twenty-four thousand dollars, an amount not exceeding ten thousand dollars, to enable the jsaid Council 'to complete the construction of St. John's Gate, in the manner ♦ it may deem most expedient : A*>t27, 28 V., B. All the provisions of the .«aid Act twenty-seventh and. c. 69 to apply, twenty-eighth Victoria shall in every respect apply to deben- tures which may be issued under this Act, both as to the special tax to pay the interest on the ten thousand dollars, and to the sinking fund connected therewith ; except that the maximum rate ofinlerest on thp said debentures shall not exceed severt ' per cent ; f30,000 for fire alarm, and fire stations. 3. The said Couhcil may issue debentures to the amount of thirty thousand dollars, for the purpose of raising a like sum, to be applied to the construction of a Fire Alarm Telegraph and Fire Stations; and to su* instituted in the hame of the said Corporatio%^r of any police ^°''' ^*'""' constable o^ the said City, before the said R^order-'s Court ; and proceedings shall be had in such suit, in accordance with the law regulating the said Court. 49. Subsections two, three and four of section six of the p Act twenty-fourth Victoria, chapter twenty-six, respecting the SnVof • Recorder's Court, are repealed, and the follpwing substituted «"t.6of24 v., therefor: \ ' °- 26, repealed. . His salary shall not exceed two thousand dollars per « , tx* n, payable moilMy out of th^ifunds of the said City by ^rdeT the Treasurer of the said City ; " "'" annum m " 3. The Recorder of the said City, by an instrument ... „ writing under his hand and seal, to be deposited, filed and polnTSVeLy. recorded in the office of the Clerk of the said Court, may appoint some person to act as his deputy whom he may dismiss and appoint another in his place ; such deputy shall be an advocate of Lower Canada of at least five years standing ; in the event when to act of the illness or absence from the said City of the Rec(jrder eilFicr in virtue of the law, or in virtue of leave of absence granted to the said Recorder by the Governor of the Province or in case of the legal recusation or other disability of the latter,' the said deputy shall have, and exercise in such cases only, all and every the powers granted by law to the safd Recorder; Provided that the Governor in Council may at any time disallow ProvUo the appointment of any such deputy ; the said deputy, for such t« be naid bv service, shall be paid by the' Recorder ; " KecotJer. *' 4. After the uassinc of the present Act, the said Recorder's May hold the Court may be held by the said Recorder or his deputy as afdre- Court. -said;" '■ • ' ="■' ^* -^ir^- «,__,^y,.,— ■■. ■ -.- - ■'' - '^ -■ i, " ' ' - ' ■ I " 5. In case of the death of the Recorder, the said deputy To act on -shall act as such until the Governor shall have appointed a «*••"» "f*** .RocordtM in uuiuifdunuc with the law.'' ■ '''^" ' ^^' 4. ffO. '•M~\ !■ **. 24 Cap. 67. Corporation of Quebec. 29-30 Vict. Exclusive ju- riadiction in certain cases. 50 The saiff Recorder's Court shall have exclusive juris- diction and shall hear and decide summarily and in accordance with the law regulating the said Court in the matter of any offence committed against the provisions trf^ije Act twenty-ninth Victoria, chapter fifty-seven, or against the provisions of this Act or the by-laws now in force oif which shall hereafter be in ' force in the said City : From whai 2. lu all cases of offences against the provisions of the Act places offender twentv-niuth Victoria, chapter fifty-seven, or of the present Act, moner""" the said Recorder's Court may summon the offender from any place within any of le districts of Que'bec, Beauce and Mont- magny, to appear before the said Court, or may issue a warrant - against him to bring him before the said Court, WriU of exe- cution. When cxecu- ' tion may iscue. Return of sucli writ. Appeal allowed in certain caaes to tjiAjQircuit CoilfL Verbal oom- plaiiit «utn- piuni in n aw^ of acreat on vi«W. S 1 Kvery writ of execution issued from the said Recorder's Court,' against the goods and moveable effects of a defendant may be Ixecuted iS any district of Lower Canada, and shall be addressed, when the defendant or his goods are not jvithm the district of Quebec, to the Sheriff of the district m which the , defendant or his said goods may be ; otherwise the said writ->^ v shairbe addressed to any bailirf of the Superior Court or of tJi^.^ said Recorder's Court, wjio shall proceed thereupon as m caserf' of executions issued from the courts' of original civil jurisUic tion : 2 No writ of execution shall be is^d until ihe expiration of eight days afterthe day on which judgment shall have been rendered ; 3 The said writ shall be returnable into the said Court on the day fixed by such writ, or on any other day on which the saUl Court shall direct the Sheriff or Bailift having such writ 1o make such return ; 'and an^ refusal or neglect to niake such return as prescribed by this section, shall be punished as a con- tempt of Court in the'manner prescribed by section sixteen ol the Act twenty-fourth Victoria, chapter twenty-six. 59 Jn all civil cases before the Recorder's Court, where the sum or penalty demanded or permitted to Imj awarded,, exceeds twJnty dollars, an appeal shall lie to the Circuit Court, and suQh appe'al may be instituted upon the party appealing giving the same security and subject to the same provisions and procedure as are adopted in t.ppeals from judgments rendered Iv virtue of the Act respecting Municipalities and Roads m Lower Canada ; and the Circuit Court shall have P<>wer to adjudicate finally u^on such appeals whatever may be the amount involved. —^ - - — 53 In all eases where a person shall be arrested on view by a m)lice constable of the sai.l c ity for an «>«^^\«:; _'g.»»„lh« p^SviHons ol lht> Ad iweai>-iiiiUh Vi^loua, oh up t . r hfty^ .^ ^^^^ id66. Corporation nf Quebec. Cap. 67. m- hereinbefore cited, or of the Act chapter one hundred and two of the Consolidated Statutes for Lower Canada, or of any Act amending the said chapter one hundred and two, or of the pre- sent Act, or of any by-law now in force or which shall be in force in the said city, it shall not be necessary that the cortiplaint be reduced to writing ; but a verbal complaint under oath made before the said Recorder's Court by the constable who shall have arrested such person, shall be deemed a sufficient com- plaint : 2. If such person demand that the complaint be reduced to May »>e n- writing, the said Court shall direct the Clerk of the said Court ^^.'j^J'; to riduce the said complaint lo writing. ^ > 94. The Clerk of the said Recorder's Court shall conduct cierkio con- before the said Court all actions instituted in the name of the ''"'^'' '""**• Corporation, except in cases where the said Corporation shall , deem it expedient to appoint an attorney or to associate him with counsel, s ^ ■■ - . ■.\- ■ * ■ SS. The said Clerk shall ke^ a record of all convictions what reconJ * pronounced bv the said Recorder's Court ; .setting forth the °JJ|;^,?",'„'^|:°""' names of the defendants, the nafture and date of the offence, the date of the conviction, the amount of the fine or other l^enalty imposed ; and such record shall suffice, notwithstand- ing any law or usage to the contrary : 2. In the event of the death of the said clerk, the deputy Death oi tlerk shall continue to act as such, until another clerk shall ^'"''• have been appointed by the Council. 96. The said clerk shall l)e goremed at all times by the Clerk^toiie orders he may receive from the Recorder or from the said Recorder's Court, as tk the managemetft, administration, keep- ing and arrangemenf of the office of the Court, and shall be under the exclusive control of the said Recorder as to all mat- ters relating to his office ; the said Recorder may suspend the said clerk from lii^ functions, and report sucli suspension to the Mayor of the city ; suoh suspension shall not take place except for a violation by. the sard clerk of the duties and obli- gations imposed on him by th(> law ; and during such suspen- sion the deputy clerk shall discharge the duties of the said clerk : 'i. The Mayor shall comnmnicate the Report of the Recorder Keponio lo the Council, who may dismiss the said clerk ; Council, 3. The said clerk and hln deputy shall take an oath of office ojneeofotih htfore the said Recorder's Court ; and the said oath shall be ^''\'^'^ ■'"• inscril)ed on the back or other patt ol the document appointing ' ''" sueh clerk or deputy clerk ; said »"''Je^' '" »'"" Court. 8u«prnsicin Clerk. M hereinbefore t4 26 Cap. 67. Corporation of Quebec. 29-30 Vict. I'aking de- posiliuns, &c. Pr<>«!cu((ir denying any exemptipO, ittS.' y,': ■ 4. Any affidavit or deposition under oath required in civil matters in any Cause, .action or process before the said Recor-, der's Court or to be submitted to tiie said Court, may be made before the said clerk or his deputy ; and if any oath taken in pursuance of this provision be false to the ^knowledge of the parly taking such oath, such party shall be punished in accor- dance with the law against perjury. •57. If in a qomplaint or su'mmons made for an offence within the jurisdiction of the saijd Recorder's Court, the prose- cutor negatives'^y exemption, exception, proviso or condition in the statute or by-law on which such complaint or summons is founded, it shaJTnot be necessary for the prosecutor to prove such negative ; but the defendant must, prove that^his case is covered by or falls within the scope of sucli exemption, exception, proviso or condition, in his defence, if he would take advantage -HOf the same..--—— - -- ■.: .> — — __;— i— ^ J--,.- -^v-;-*. : ---.- Sect. 38 amended. 58. Subsection thirteen of section thirty-eight, of the Act twenty-ninth Victoria, chapter fifty-seven, above cited, is repealed, and the following substituted : 'I Powers as to iijcideiital |>ipitj«lings. Tariflodees may be nia^Je. Subject to ■pproval-1 (Jovernor in Couni'ii. ' Execttlion •gainxt pro* arcutor or infurmer (or non-payment |of I'oati, in |«t>rtaii> rawM Iwheie 1^ luit It dkitiisMxi. " 13. The said Reciofder's Court and the said Recorder, with respect to all civil actions, matters and proceedings within the jurisdiction of the said Court, shall as regards actions en garantie, incidental demands or demands in intervention, or any e^iception, defence or incident whatsoever during the suit, and as regards opposition under any/ form whatsoever to the execution of a judgment of the said Court, and other matters and things relating to the said judgment, have all and every the pawers hnd authority which would be enjoyed in such cases by the Superior or Circuit Cpurt of Lower Canada, and the judges of the said Courts, if stich actions, matters or pro- ceedings had been instituted or brought Iwfore the said Sup/rior or Circuit Court instead of before the said Recorder's Court." S9. The said Recorder's Cmirt shali^ hfvvp power to make a tariff of the costs and fees to be demiindcd and levied by the (^lerkv^tbe Bailiffs and other officers of ihe said Court, and may' Yi^peiit^ aher and anit^nd puch tariff; but the said tariff and the amendments thereto shall not Im; *inding until the same shall have b^n approved by the Governor in Council. 60 Fn all cases where an action for the recovery of a fine or penalty shall be instituted before tWe~^id Recorder's Court, at the instance of the said Corporation, on the information of any pert»on whomsoever, or in the Dame of any suoh person^ if the action is di«Ini^yhal8oever a femde minor to commit any of them to emer the acts mentioned in the present sectgion, may on complaint '^" *■""'• under oath before the said RecqrderV Court, by tbe- father, - , mother, tutor, guardjian, or persoif having the care or keeping of such minor, or of any relative or friend of such minor, be -arrested and brough|_l3efore the ibaid- Recorder's Court, and on Penjuiy. summary conviction of the offence* before the- «aid Courts shall be condemned to pay a fine no^ exceeding two hundred dollars, or to imprisonment for a period not exceeding six months, or to both fine and imprisotiment, in the discretion of the^fiaid Court. S4 6S. 28 Warrant of oommilment to be executed in any dis- trict. ^ ._J,;-.- — Imprison- ment under .more than one convic- "■.» ;■ . tion. i f* ',t .: ■ 7- Closing taVerns from Sauijpday nignt to Mon- day morning. « Cap. # Ciirporation of Quebec. ^9-30 Vict. 63. Any warrant of commitment after judgment, isatied from or by the said Court, may be executed in any judicial district of Lower Canada, by the Sheriff of the district in which the person against whom such warrant shall have been issued may be or be found ; and in such Case, the Sheriff to whom such warrant is addressed, shall, without delay, make a return to the said Court of every thing done by him in exepution of such warrant, and any delay on his part shall constitute a contempt of the said Court, and shall be punished accordingly. 64. In all cases, were a defendant shall have beeh condemned to iniprisonment, or to imprisonment in default of payment of the fine imposed and of the costs, under different conviotions, each additional period of imprisonment shall commence only at the expiration of^ proceeding period of imprisonment. ■■' .,■' ■ r . '. .^ ■- --.""^i r ..;•-■•'-,'" . ■ ' ^_i _ii^ Jlxi; ^-^»A£jB_JM\jaQnaH8.- . :..-.:_-I- .:„.__l^-,_;_,- -. 1 ■•» - « «-*•. \ 6S. Every person licensed or not licensed to sell in the said city, spirituous liquors, wine, beer or temperance liquors, shall close the house or building in which such person sells or causes to be sold such spirituous liquors, wine, beer or temperance liquors, from twelve o'clock in the night of each Saturday until six o'clock in the inorning of the following Monday '; and during that period of time, no such person shall sell or cause to be sold in such house or building or any other place, any spirituous liquor, wine, beer or temperance liquors, under pain of a fin© not exceeding one hundred dollars, and in default of payment, of an imprisonment not ejcceeding two months. SPECIAL TAX, IN 1866. 1866. in whi render the pas 6t chapte apply' Public of this Spocjal lax impMed in 18M, declared , valid. -S* "' -f . And also By- in-vn of S7lh April, 1866. Provii<». 66. Whereas the Gity Council, (Jn the ninth day of February one thousand eight hundred and sixty-six, passed a by-law imposing a tax of fifteen cents in the pound of the annual ' assessed value of real property in th^ said City, to meet the deficit of the first four months of 4he year one thousand eight hundred and sixly-six, and doubts may exist as to the legality of the said tax, and whereas it is expedient to remove a|| doubts in that respect, it is hereby enacted and declared tha!^' the special tax hereinabove mentioned is valid aniil legal, and that tha treasurer could and can require payment thereof in the same manner as of all c^her tapces and assessments established in virtue of the Act twenty-ninth Victoria, chapter fifty-seven, hereby amended ; and it is also declared and enacted that the by-law passed by th&-sind' Council on the' twenty-seventh day of April, eite thousand eight hundred and sixty-six, consolidating the by-laws to provide funds for the expenses of the said city, is and has been' legal andj)indiiig to all intents and purposes whatever ; Provided alwc^s, that np person shall be liable to any penalty for infringement of the said by-law before th6 ptiMJhgtnf thill ^ri ; nnr whall any party in any wiit p»ni\in^ »n *; ^9-30 Vict. ent, isistied ny judicial district in I have been I Sheriff to lay, make a n exepution sonstitute a ccordingly. condemned payment of jonviotions, ence only at jnt. [in the said quors, shall Is or causes temperance turday until anday • and ill or cause r place, any under pain n default of onths. 1866. Corporation of Quebec. Cap. 57, 58. 29 in which the legality of the said by-laws is questioned, be renderecl liable to any condemnation of costs in consequence of the passing of this Act. INTERPRETATION, &C. •T. Section thirty-nine of the Act 'Twenty-ninth Victoria, j„,erpret«- chapter fifty-seven, in so far as regards interpretation, shall tion apply to all "the provisions of this Act ; and this Act shall be a PuWio Act. Public Act. fJ8. Any Act, or poi;tion of an Act, contrary to the provisions Repeal of of this Act, or incompatible theri'with, is repealed. , " contrary pro- ■ ' "^ "^ visions. OTTAWA : — Printed by Malcolm Camekon, La^T Printer to the Queen's Most Excellent Majesty. . I of February d a by-law the annual ;o meet the usand eight the legcUit remove a, »clared th 1 legal, and lereof in the established fifty-seven, ted that the seventh day msolidating a said city, bd purposes be liable to before Xh6 it ppndin gfp: h r iik^i*. i /-■ ii ^ m. ■'^^^^^H ~ . ^%\sy^s^^^£^''^^^»^i^V^%;:t&a^<^)^&&^iJ6^#-4. >f^X^£^^!Ul«'»6>'''. ^-..^ / «*' .!> ilf <*,.