OF INCORPORATION —OF THE— CITY OF QUEBEC — :o: — COMPILATION OF THE SEVERAL STATUTES CONCERNING THAT ACT AND THE RECORDER’S COURT OF THE CITY OF QUEBEC BY act I s I M. CHOUINARD ADVOCATE QUEBEC OussAULT & Proulx, Printers. igto ACT OF INCORPORATION —OF THE— CITY OF QUEBEC COMPILATION OF THK SKVFRAL STATUTES CONCERNING THAT ACT AND THE RECORDER’S COURT OF THE CITY OF QUEBEC M. CHOUINARD ADVOCATE QUEBEC Dussault & Proulx, Printers. 910 ^ 35 1 . 01 14 -^ 'i Q.B o ■ l> NOTE A' J As the law concerning the parliamentary elections of this province is now applicable, in as much as compatible, to the election of the members of the city council, I have considered it advisable to insert in this compilation, at their convenient place, some articles of that provincial law, as also certain provi- sions of other provincial laws applicable to the city of Quebec. ■ o nl p pJL ^ '' Digitized by the Internet Archive in 2016 https://archive.org/details/actofincorporatiOOqube ACT OF INCORPORATION OF THE CITY OF OUEBEC CORPORATION. 1 . The inhabitants of the city of Quebec form and continue to form a corporation under the name of “The city of Quebec/' which is constituted an administrator and as such responsible for the matters entrusted to its administration. 51-52 Viet., ch. 78, art. 1. GENERAL POWERS. 2 . The said corporation has and shall have perpetual succession, and a common seal, with power to break, renew, change and alter the same at pleasure, and may sue and be sued, implead and be impleaded, in all courts of law and equity, and other places, in all manner of actions, causes and matters whatsoever, and may accept, take, purchase and hold goods and chattels, lands and tenements, real and personal movable or immovable estate, and may grant, sell, alienate, assign, demise and convey the same; and may enter into and become a party to contracts; and give and accept any bills, bonds, judgments, or other instruments or securities for the payment or securing the payment of any money borrowed or lent, or for the performance or securing the performance of any duty, matter or thing whatsoever, as hereinafter provided. 29 Viet., ch. 57, art. 2. — 6 — BOUNDARIES Of THE CITY. » 3 . The city of Quebec, for all municipal purposes, shall have the following boundaries : To the east and south-east, the harbour commissioners’ line, and if there be any wharves, piers, or other construc- tions beyond the harbour commissioners’ line, then to the end of such w^harves, piers, or other constructions which adjoin the main land. 56 Viet., ch. 50, art. 1, 1st paragraph. The limits of the city of Quebec include all the wharves and embankments bui It in the river St-Lawrence and the estu- ary of the river St-Charles, joined to or connected with the mainland of the said city, on the demand of the Quebec har- bour commission and dating from the acceptance of such demand, by the city council, in whole or in part. 1 George V, ch. 47, art. 6. From and after the first day of May 1901, the extent of land hereinafter described shall be and remain annexed to the city of Quebec and form part thereof, to wit: the extent of land starting from the Cap-Rouge road, situated in the parish of Notre Dame de Quebec, to the line of the Quebec harbour com- missioners and the lot designated under the No 227 of the offi- cial cadastre for the parish of St-Colomban de Sillery, with the road which bounds it to the south-west, and the boundary of the city shall be changed accordingly. 1 Ed. VII, ch. 42, art. 7, 1st paragraph. N. B. — From the Coteau St-Genevieve to the Grande Allee, the western boundary of the city is a straight line extend- ing from the western alignment of the Boulevard Langelier. Between the Coteau St-Genevieve and St- John street, the western boundary is the present western line (though not straight), of the extension of Boulevard Langelier. The boundaries of the heretofore village of St-Malo, now St-Malo ward, are described in the law 2 Ed. VII, ch. 57. Those of the heretofore town of Limoilou, now Limoilou ward, — 7 - are described in the laws 8 Ed .VII, ch. 98, art. 8 and 9, and 9 Ed. VII, ch. 91, art. 1. On account of the changes made to the boundaries of the city of Quebec by the statutes — 60 Viet., ch. 59, art. 1, — 1 Ed. VII, ch. 42, art. 7, 1st paragraph, — 8 Ed. VII, ch. 83, art. 1, and of the By-Law therein mentioned, concerning the annexation of the heretofore village of St-Malo, — and on account also of the By-Law No 436 of the city council of Quebec, concerning the annexation of the heretofore town of Limoilou, — it may be said that the city of Quebec has now the following boundaries, to wit: A line running from the north-east end of the embank- ment built by the Quebec harbour commissioners, in the mouth of the river St-Charles, and through the mouth of the said river to the public road dividing Limoilou ward from the parish of Beauporf,— thence, the said road from the river St-Charles to the public road known as Beauport road, — thence, the said Beau- port road to the division line between the lots of land designa- ted under the numbers 589 and 590 of the official cadastre for the parish of St-Roch of Quebec North, — thence, the said division line between the said lots numbers 589 and 590, — thence, the northern boundary of the lots of land numl)ers 589, 585, 584, 581, 580, 567, 566, 547, 508, 509, 425, 426, of the said cadastre, — thence, the western boundary of the lots num- bers 412, 413, 415, 416, 417, 418, 419, 420, 425, of the said cadastre,— then the St-Michel’s stream to its junction with the river St-Charles, — thence, the line of the high water mark on the left bank of the river St-Charles, to the bridge known as Scott bridge,— thence, on the right bank of the river, the by- road of Scott bridge, from the river to St-Valier street, and Lesage avenue, from St-Valier street to St-Genevieve cliff, — thence, the top of the Coteau St-Genevieve running north-east to the Boulevard Langelier, — thence the town of Montcalm, from the Coteau St-Genevieve to the Cap-Rouge road, — thence, the Cap-Rouge road running south-westerly to and included the road of Wolfe’s cove, — thence, the parish of St-Colomb of Sillery, — thence, the top of the cape, from the parish of St-Colomb of Sillery to the line formerly dividing the parish — 8 of St-Colomb of Sillery from the parish of Notre Dame de Quebec, — thence, to the south-west, the line of the Quebec harbour commissioners, to the north-east end of the Louise embankment. But, according to the law 56 Viet., ch. 50, art. 1, 1st and 6th paragraphs, are to be excluded from that territory, the lots and buildings forming the actual precincts of the Hopital General de Quebec to the outside of the present wall. And the above indication of the boundaries of the city shall not have the effect of subjecting the lands belonging to the Hopital General de Quebec and to the Hotel Dieu du Sacre- Cceur de Jesus, to municipal taxes and assessments, so long as such lots shall be occupied by the said communities for the purposes of their institutions. By the law 57 Viet., ch. 6, art. 2, of the 8th January 1894, the lot of land designated under the No 591 of the official cadastre for the parish of St-Roch of Quebec North, has been declared exempt for the future, of all municipal and school taxes, as well as of all special assessment and tax or compensa- tion for the water. By the law 60 Viet., ch. 72, of the 9th January 1897, the said lot No 591 has been declared to form part of a parish erected and designated under the name of the parish of St- Michel Archange, for civil ends. But that erection of parish does not seem to have had the effect to exclude that lot from the municipality of Limoilou. It is also what seems to result of the law 8 Ed. VII, ch. 98, art. 1 and 8, of the 25 april 1908. But the said lot No 591 remains not taxable. BOUNDARIES OF THE WARDS. 4 . The city is divided into twelve wards, namely: — St-Louis, Palace, St-Peter, Champlain, St-Roch, Jacques- Cartier, St-John, Montcalm, St-Valier, St-Sauveur, St-Malo, Limoilou, wards, and such wards have the following boundaries: St-Louis ward comprises that portion of the Upper Town situated within the walls, which lies to the south of a line — 9 — drawn from Mountain Hill to St-John’s Gate through the middle of Buade, Fabrique and St- John streets. Palace ward comprises that portion of the Upper Town within the walls which is not comprised in St-Louis ward. St-Peter^s ward comprises that portion of the Lower Town which is bounded to the south by a line drawn in the centre of Sous-le-Fort street and prolonged in the same direc- tion on one side to the south eastern-limit of the city and on the other side to the cliff under Dufferin Terrace, on the west by a line drawn in the middle of St-Roch’s street, from the foot of the cliff to the river St-Charles and on the north by the (bed of the river St-Charles). Champlain ward comprises that part of the city bounded on the north-west by Montcalm and St-Louis wards, to the east, by St-Peter’s ward, to the south and west by the southern and western limits of the city. St-Roch’s ward comprises that part of the city bounded to the south by a line drawn in the centre of St-Joseph street, on the west by a line drawn in the centre of the Boulevard Langelier, to the north by (the bed of the river St-Charles), and to the east by a line drawn in the centre of St-Roch’s street, from the middle of St-Joseph street, to the river St- Charles. 56 Viet., ch. 50, art. 2, six first paragraphs, with the modi- fications resulting of the annexation of the town of Limoilou and of the village of St-Malo. Jacques-Cartier ward is bounded to the north by St- Roch’s ward, to the west by a line drawn in the centre of the Boulevard Langelier, to the south by St-John’s and to the east by St-Peter’s ward. 59 Viet., ch. 47, art. 1. St-John’s ward comprises all that space which is bounded by Jacques-Cartier ward, the walls of the town, the limits of the city, to the west, and a line drawn in the centre of St- John street, from St-John’s Gate to the western limits of the city. Montcalm ward comprises the territory which is bounded to the east by the walls of the city, to the west by the limits — 10 — of the city, to the north by St-John’s ward, and to the south by the top of the cliff on the river St-Lawrence. St-Sauveur ward is bounded to the east by Jacques- Cartier ward, to the north by St-V alier street, from the Boule- vard Langelier to Massue street, on the north-west by Massue street, on the south-west and south-east by (St-Malo ward). St-Valier ward is bounded to the east by St-Roch’s ward, to the south-east and south by St-Sauveur ward, to the south- west by St-Malo ward, and to the north by the bed of the river St-Charles. 56 Viet., ch. 50, art. 2, four last parag., with the modifi- cations resulting of the annexation of the town of Limoilou and of the village of St-Malo. St-Malo ward is bounded to the east by St-Sauveur and St-Valier wards, to the north by the bed of the river St-Charles, to the south-west by the by-road of the Scott bridge and Lesage avenue, to the south by the top of the Coteau St-Genevieve. 2 Ed. VII, ch. 57, art. 3. Limoilou ward comprises the extent of land described in the preceding article 3, as being situate on the left bank of the river St-Charles. EXTENSION OF THE CITY LIMITS. 5 . The council of the city of Quebec shall have power to pass a by-law for the purpose of annexing any municipality adjacent to the city of Quebec. 51-52 Viet., ch. 78, art. 68. 6 . Such by-law shall contain a full description of the territory to be annexed, set forth the terms and conditions of the annexation and specify whether the territory so annexed shall constitute a new ward, or whether it shall be annexed wholly or partially, to one or more wards of the city. In imposing the assessments and taxes for the territory to be annexed, the city may make a distinction between pro- perties held for agricultural or horticultural purposes, and urban property; it is also empowered, for annexation purposes. — ii — to grant the rate-payers of such territory, for a period not exceeding ten years, different rates for assessments, taxes or licenses of any kind, on the terms and conditions of the afore- said by-law. The by-law passed by the council of tho city of Quebec, on the ninth of november, one thousand nine hundred and seven, respecting the annexation of the municipality of the village of St-Malo, is declared to be within the powers of the city of Quebec. 8 Ed. VII, ch. 83, art. 1. 7 . The territory so annexed shall form one or more new wards, or shall form part of one or more of the wards of the city of Quebec, the number whereof shall be increased or diminished, or the limits whereof may be changed, as the council of the city of Quebec may decide, and which it shall have power to do. Such new ward or wards so formed shall be known by the name or names selected by the council of the city, and may be represented in the council by a number of aldermen and councillors determined by the council, who if ])ossessing the qualifications required by the charter of the city or the acts amending the same, shall be elected in the manner pres- crived by such charter or the acts amending the same by the municipal electors of the territory so annexed, having the quali- fications required by the charter of the said city, a list of whom shall have been previously prepared wdth due diligence by the secretary-treasurer of the municipality to be annexed, who shall forward such list to the clerk of the city of Quebec. 51-52 Viet., ch. 78, art. 70. 8 - Every by-law passed by the council of the city of Quebec to annex, upon the conditions therein mentioned, the territory of a municipality adjacent to the city, shall, in order to have force and effect, and under pain of nullity, be duly approved by a vote of the majority of the munici- pal electors, who are proprietors in the territory to be annexed, who have registered their votes upon such by-law. 51-52 Viet., ch. 78, art. 71. 9 . After the al)ove-mentioned final approval by the electors of the territory so to be annexed, and within the thirty days following the forwarding of the list of electors by the said secretary -treasurer to the clerk of the city, as above mentioned, it shall be the duty of the council of the city of Quebec to proceed to the election of aldermen and councillors to represent the new ward or wards in the coun- cil of the said city, which aldermen and councillors shall remain in office until the expiration of the term of office then com- menced for the aldermen and councillors of Quebec, or as shall be provided by any by-law to that effect. 51-52 Viet., ch. 78, art. 72. 10 . When these formalities shall have been complied with, the new ward or wards shall be incorporated with the city of Quebec, and shall be subject to all its existing or future by-laws, and shall enjoy all the rights, privileges and immu- nities conferred upon the city by its charter and the acts which amend the same, and shall be subject to all duties and obligations provided for in the said charter and its amen- dments ; but none of the provisions of this act shall have the effect of modifying or amending the charter of the city of Que- bec, except in so far as what is mentioned in this act respect- ing the annexation of such territory. 51-52 Viet., ch. 78, art. 73. 11 . From the date of the sanctioning of this act, the extent of territory hereinafter described, bordering on the city, and acquired by it from one Frederic Canac dit Marquis, under deed of sale passed before Jos. Savard, notary, on the 23rd august 1907, and registered the 24th day of august 1907, shall be and remain annexed to the city of Quebec, and shall form part thereof, to wit: a lot of land of irregular shape in the parish of St-Malo, forming part of the undivided portion of lot number two thousand three hundred and forty two (2342) on the official plan and book of reference of the cadastre of the parish of St-Sauveur, the said lot being bounded as follows: to the north by the river St-Charles; to the south partly by the line of the Canadian Pacific Railway or their representatives, and partly by the land belonging to the Impe- rial Oil Company or their representatives; to the east by the land of the Reverend Sisters of the Ursulines of Quebec or their representatives; to the west partly by the said Imperial Oil Company or their representatives, and partly by the road leading to the aqueduct bridge; and the limits of the city are accordingly changed. 8 Ed. VII, ch. 83, art. 9. ('ITY COUNCIL. Its composition. 12 . The council of the city shall consist of the mayor and of thirty four aldermen, being three for each ward, who shall hold office for two years or until the election of their successors in office. (According to the by-law No 419, concerning the annexa- tion of the village of St-Malo, St-Malo ward is represented in the council by only one alderman). 58 Viet., ch. 49, art. 1, with the modifications resulting of the annexation of the town of Limoilou and of the village of St-Malo. 13 . The mayor shall he elected for two years, by the majority of the municipal electors entitled to vote. 7 Ed. VII, ch. 62, art. 5. 14 . The mayor shall receive out of the funds of the city the sum of 33,000.00 annually. 8 Ed. VII, ch. 83, art. 10. 15 . At its first meeting in the months of march, June, September, and december, in each year, the city council shall elect one of the aldermen (or one of the councillors) of the said council to perform the duties of pro-mayor during the following three months, and the member so elected shall have and exercise all the powers, authority, and privileges, vested — 14 — in the mayor, when the mayor is unable to exercise them through absence from the city, illness or other cause. 53 Viet., ch. 68, art. 1. In case, through any cause whatever, the said pro- mayor was not elected at such first meeting of the said months, he may be elected at a susbequent meeting. 55-56 Viet., ch. 50, art. 12. QUALIFICATIONS OF THE MAYOR AND OF THE MEMBERS OF THE COUNCIL. 16 . To be eligible as mayor or alderman, or qualified to fill such office, a person must be a British subject either by birth or naturalization, have resided and been a house- holder within the limits of the city during the year immedia- tely preceding the election, be a duly qualified elector of the said city, know how to read print and writing fluently and also to write fluently, and, moreover, in the case of the aider- men for the seats designated under the numbers one and two, he must, at the time of the election and during the entire continuance of his said office, possess for his own use and benefit, within the limits of the said city, immoveable property of the value of at least two thousand dollars, over and above all rents, charges, debts and hypothecs due or payable upon such immoveables, and in the case of the alderman for the seat designated by the number three, the value of the said immoveables shall be at least one thousand dollars, and for the mayor five thousand dollars also over and above all charges and hypothecs. 7 Ed. VII, ch. 62, art. 6. 17. No person shall act as mayor or alderman before having deposited with the clerk of the city the certificate of the recorder or of the clerk of the recorder’s court of the city, establishing that such person has taken before him the oath of office, qualification, and allegiance, mentioned in sche- c^ule A of this act. And if such certificate is not deposited — 15 — within two months after the date of his election, the seat of such mayor or alderman shall become vacant. 59 Viet., ch. 47, art. 27. N. B. — The law 1 George V, ch. 47, art. 32, has substi- tuted another formula of oath, which is schedule A of the present compilation. 18 . Should a vacancy arise in the office of mayor, the city clerk shall, within the eight days next following such '/acancy, call a meeting of the council for the purpose of electing one of its members to perform the duties of the mayor during the remainder of his term of office, and the council, at such meeting, shall elect such mayor; the acceptance of the office of mayor by a member of the council shall have the effect of rendering his seat vacant, and in such case proceedings shall be had for a new election to fill such vacancy. 7 Ed. VII, ch. 62, art. 8. 19 . The following persons shall not be elected mayor, aldermen (or councillors) : persons in holy orders, the ministers or preachers of religious sects, dissenters or congregations, judges, clerks of courts, persons accountable for the funds of the said city, persons in receipt of salaries, emoluments, fees or wages from the said cit}^ for their services, the officers and employees of the corporation, poll-clerks, persons convicted of treason or felony, before a court of justice in any of Her Majes- ty’s possessions, the contractors for the works of the said city or of the water-works and their sureties, and generally all parties interested in any manner whatsoever in any contract or bargain with the corporation. 29-30 Viet., ch. 57, art. 1, parag. 4. 20 . Any person duly elected to the office of mayor who refuses to accept the same, shall pay a fine of four hundred dollars; and if the majmr absent himself from the city during more than three consecutive calendar months (except in case of sickness or on public business), he shall in such case cease to hold office as mayor, and shall be liable to the penalty appointed for refusal to accept such office. ~ 16 — 29 Viet., eh. 57, art. 8, parag. 3. 21. The mayor shall be ex officio a justiee of thepeaee for the eity and distriet of Quebee. 29 Viet., eh. 57, art. 8, parag. 4. 22 . Any person who negleets or refuses to aeeept theoffiee of alderman [or eouneillor] after having been duly eleeted thereto; and any alderman [or eouneillor] who negleets or refu- ses to diseharge his duty as sueh, or absents himself from the eity, during more than six eonseeutive ealendar months, exeept in the ease of siekness, or on business of the said eorporation, shall ineur a penalty of two hundred dollars, and the seat of sueh alderman [or eouneillor] shall thereby beeome vaeant. 29 Viet., eh. 57, art. 8, parag. 6. 23 . Every alderman [and eouneillor] shall within forty- eight hours, after he shall have been notified of his eleetion, give notiee in writing, to the eity elerk, of his aeeeptanee of the offiee. 29 Viet., eh. 57, art. 8, parag. 7. 24 . Every alderman [or eouneillor] eleeted for more than one ward of the eity, shall, within three days after he has reeeived notiee thereof, make his ehoiee, in writing, to the eity elerk, and on his default, the mayor shall deelare for whieh one of the said wards sueh person shall serve. 29 Viet., eh. 57, art. 8, parag. 8. 25 . Any person eleeted to the offiee of alderman [or eoun- eillor] who fails to give the eity elerk the preseribed notiee, shall ineur a penalty of two hundred dollars, and a new eleetion shall be held to fill any vaeaney oeeasioned by sueh double eleetion, or by the non-aeeeptanee or failure on the part of the member eleeted to diseharge the duties of his offiee as sueh. 29 Viet., eh. 57, art. 8, parag. 9. 26 . Every alderman and eouneillor shall be ex officio a justiee of the peaee for the eity of Quebee. 29 Viet., eh. 57, art. 8, parag. 10. — 17 — 27 . After being six months in office, the mayor or any alderman may resign such office, by forwarding to the city clerk a declaration to that effect, signed by him in the presence of a witness, and after such declaration has been communi- cated to the city council, the seat of the person resigning shall become vacant. 7 Ed. VII, ch. 62, art. 9. DISQUALIFICATIONS. 28 . If the mayor or any alderman [or councillor] shall be declared insolvent, or shall apply to take the benefit of any act for the relief of insolvent debtors, or compound with his creditors, or being mayor shall be absent from the city for more than three calendar months, or being an alderman [or councillor), for more than six calendar months, at one and the vSame time, except on account of illness or public business; or if the mayor or any alderman [or councillor] shall have a share in any contract or agreement with the said corporation, either directly or indirectly, or shall be the surety of any contractor with the said corporation, or derive any emolument or advantage, either directly or indirectly, from any such contract with the said corporation, the office of mayor and of such alderman [or councillor] shaltthereby become vacant; and in case of there being any such contract or surety, the mayor, alderman [or councillor] concerned therein shall be liable to a fine of one liimdred dollars, to be recovered before the recorder’s court of the city of Quebec, for each and every day that such mayor, alderman [or councillor] shall thus illegally hold office as such mayor, alderman [or councillor]. 29 Viet., ch. 57, art. 9. EXEMPTIONS. 29 . The persons hereinafter mentioned shall be exempted from serving in any municipal office, to wit : All persons above the age of sixty-five years who shall 2 — 18 — claim exemption whithin five days after having received official notice of their election; All persons disabled by lunacy or imbecility of mind; All military, naval or marine officers in Her Majesty’s service on full pay, members of the provincial legislature, the judges of any court of law residing in the said city, the adju- tant-general and deputy-adjutant-general of militia, officers of the customs, sheriffs and coroners, schoolmasters, the clerks and commissioned officers of the legislature and of the executive council, and the postmaster and his deputies. 29 Viet., ch. 57, art. 10. QUALIFICATIONS OF ELECTORS. 30 . The city clerk shall keep a list of the seats of the aldermen for each ward; one of such seats shall be designated by the number one, another by the number two, and another by the number three. 58 Viet., ch. 49, art. 3. 31 . To be entitled to vote at an election of alderman, a person must be at least twenty-one years of age, be a subject of His Majesty, and be inscribed on the list of electors for the ward in which he wishes to vote. 58 Viet., ch. 49, art. 2. 32 . Every proprietor or co-proprietor of an immovable or part of an immoveable in the city of Quebec, of the assessed annual value of twenty-five dollars or over, is entitled to vote at the election of aldermen. 58 Viet., ch. 49, art. 4. 33 . Every tenant of an immoveable or part of an immo- veable in the city of Quebec, for which he pays an annual rent of at least thirty-six dollars over and above the muni- cipal taxes and assessments repayable to the proprietor, is entitled to vote at the election of aldermen whose seats are — 19 — designated by the numbers two and three, if he has, before six o’clock in the afternoon of the first of december previous paid to the city treasurer all the taxes for which he is personally responsible to the said corporation. If the first day of december is a non-juridical day, the delay mentioned hereinabove shall only extend to six o’clock in the afternoon of the next juridical day. 7 Ed. VII, ch. 62, art. 10. 34. No person being an officer or servant of the corpora- tion ,and receiving an income or wages from the corporation as such, or having any subsisting contract with the corporation, or interest in such contract, at the time of such election, or who has received any money, note, or promise of reward for his vote, shall vote at any election for alderman [or councillor] in the said city. 33 Viet., ch. 46, art. 2, parag. 7. LIST OF ELECTORS. 35. Between the fifteenth and the thirtieth day of de- cember of each year, the assessors shall prepare for each ward, according to the assessment books for the current fiscal year, two alphabetical lists, to wit: A list containing the names of all those who, according to the said books, appear to have the right to vote in such ward for the aldermen whose seats are designated by the numbers two and three, and. Another list containing the names of all those who, ac- cording to the said books, appear to have the right to vote for the alderman whose seat is designated by the number one. 58 Viet., ch. 49, art. 6. 36. In making out the electoral lists, the assessors shall enter therein only the names of such tenants and occupants not being proprietors, as have paid to the city all their muni- cipal assessments and taxes, or dues whatsoever, before six — 20 — o’clock in the afternoon of first of december then instant, and the names of the proprietors of immoveables who, before the said first of december then instant, have paid to the city all their municipal assessments, taxes and dues whatsoever payable on the thirtieth april previous. 7 Ed. VII, ch. 62, art. 12. 37 . On the second of the month of January following, the assessors shall certify each of such lists and hand them to the city clerk, in whose office they shall remain deposited until the twelfth day of the same month, from nine o’clock in the morning to four o’clock in the afternoon. 53 Viet., ch. 68, art. 31, parag. 5. 38 . Before the second of January, the said clerk gives public notice of the deposit of such lists, informing the public by the notice that such lists shall, during the said period, be shewn to any person making application therefor; and every elector who may wish to apply for the insertion of a name in any of the said lists, or the striking of a name there- from, shall do so within the delay fixed by law for so doing. 53 Viet., ch. 68, art. 31, parag. 6. BOARD OF REVISORS AND REVISION OF LISTS. 39 . The mayor of the city of Quebec, the recorder of the said city, and the chairman of the committee on by-laws of the council of the said city, shall form a board of revisors to revise the said lists of electors, and the mayor shall preside at the meetings of the said board. 55-56 Viet., ch. 50, art. 7. 40 . In case of the absence, for any cause whatever, of the chairman of the board, the members of the said board then present as aforesaid, may chose one of themselves to preside at the meeting in the absence of the chairman, and the member so chosen will be vested with all the rights conferred by this act on the ordinary chairman of the board. 29 Viet., ch. 57, art, 11, parag. 4. — 21 — 41. Two of the members present at any meeting of the board may exercise all the powers and attributes conferred on the board by this or any other act. 29 Viet., ch. 57, art. 11, parag. 5. 42. Before entering on their duties, the members of the said board shall make oath before a justice of the peace for the district of Quebec, impartially to discharge the duties of their office, and an entry of the said oath of office having been taken shall be made in the minutes of the meeting of the said board; but each member shall take the said oath of office once only during the time he will act as member of the said board. 29 Viet., ch. 57, art. 11, parag. 6. 43. The board of revisors for revising the electoral lists shall commence to sit on the seventeenth of January in every year, at the city-hall ,in the council room, at the hour specified in the public notice given by the clerk. If the seventeenth of January be a non-juridical day, the first of such sittings shall be on the following juridical day. 53 Viet., ch. 68, art. 31, parag. 7. 44. If by some unforeseen cause or accident a sufficient number of the members of the said board are unable to be present on any one of the days fixed by this act, the said board may adjourn to the following day, and notice of the adjournment shall be given to each member of the said board. 29 Viet., ch. 57, art. 11, parag. 8. , 45. No application for the insertion of a name in such lists or the striking of a name therefrom, is received at the city clerk’s office after four o’clock in the afternoon of the six- teenth day of January. 53 Viet., ch. 68, art. 31, parag. 8. 46. Every such application shall state the reasons upon which it is founded, and if it be for the purpose of striking a name, it shall be served upon the person whose name is — 22 — sought to be struck, at least two clear days before the seven- teenth of January. Such service is effected and proved by a bailiff of the superior court in the same manner as the service of summons in civil matters. 53 Viet., ch. 68, art. 31, parag. 9, nos. 1 and 2. 47. If the person in question does not reside within the limits of the city, the notice is deposited in the post office of the city of Quebec, in a stamped and registered envelope, addressed to such person and posted at least three days before the seventeenth of January. 53 Viet., ch. 68, art. 31, parag. 9, no. 3. 48. At least four days before the seventeenth of January, the clerk shall give notice in a french and in an english news- paper, published in the city, of the day, hour and place at which the board shall proceed to the revision of such lists, and determining the order in which such revision shall be made. 53 Viet., ch. 68, art. 31, parag. 10. 49. All persons having an interest in such addition to or erasure from such lists may be heard personally or by attorney at law or an agent, but the latter shall require a written autho- rization. They may produce witnesses who will be sworn by the clerk and their names entered in the minutes of the proceedings. 34 Viet., ch. 35, art. 9. 50. The board of revisors shall be invested with all the powers, authority and Jurisdiction of the recorder’s court of the said city, for compelling the summoning and appea- rance of witnesses, as well as their answering all legal ques- tions put to them, and the maintenance of order during the time the board of revisors shall sit. 34 Viet,, chap, 35, art, 10. 51. After hearing the evidence adduced by either of the — 23 parties, the board of revisors will maintain or reject, to the best of its judgment, the applications so made before it, and will order, as the case may be, the addition or erasure sought for. 34 Viet., ch. 35, art. 11. 52 . The city clerk shall be the clerk of the said board of re visors. He shall keep the minutes of the proceedings and shall sign them, as well as all subpoenas, orders and decisions made, given and pronounced by the said board. 34 Viet., ch. 35, art. 12. 53 . The revision of the said lists shall be concluded on or before the twentieth of january in every year. 53 Viet., ch. 68, art. 31, parag. 11, no. 1. 54 . After such revision, they shall be signed by the mayor and the clerk of the board, and sealed with the seal of the corporation. 53 Viet., ch. 68, art. 31, parag. 11, no. 2. 55 . All applications for inserting and striking names in and from such lists, which are not decided and determined on the twentieth of january, shall, from that date, be deemed never to have been made. 53 Viet., ch. 68, art. 31, parag. 11, no. 3. 56 . As soon as the lists of voters shall be revised, corrected, signed and sealed in conformity with the said act, they shall be again placed in the city hall, under the care of the city clerk, to remain in the archives in the office of the said city clerk, who shall forthwith supply certified copies of the said lists, or of any of them, at the rate of ten cents per hundred words, for such copy or copies, when requested to supply one by any duly qualified voter. 33 Viet., ch. 46, art. 10, parag. 1. 57 . If any member of the board of revisors appointed as such by or in virtue of this act, shall neglect or refuse to perform — 24 — any of the duties required of him by this act, he shall incur a penalty of eight hundred dollars. 29 Viet., ch. 57, art. 11, parag. 20. 58 . The city clerk shall be liable to a penalty of fifty dollars, and in default of payment of the same and of costs, to imprisonment of not more than one month for each time that he shall refuse or neglect to fulfil any one of the duties imposed upon him by the present act. 33 Viet., ch. 46, art. 9, parag. 1. (Applicable to revision of lists only). 59 . Every assessor shall incur a penalty of fifty dollars, and in default of payment of the sum and of costs, imprison- ment for not more than one month each time that he shall refuse or neglect to fulfil any of the duties imposed on him by the present act. The penalties in the two preceding cases may be recovered before any justice of the peace. 33 Viet., ch. 46, art. 9, parag. 2. (Applicable to revision of lists only). ELECTIONS. 60 . On the second monday of february of every second year, commencing in 1908, or on the first day following, if such second monday be a non-juridical day, the nomination of candidates for the office of mayor and alderman shall take place at the office of the city clerk, in the city-hall, between the hours of noon and four in the afternoon. 7 Ed. VII, ch. 62, art. 13. 61 . The nomination of the candidates shall be by means of a written requisition, signed by six or more qualified electors, and deposited in the office of the clerk, on the second monday in february. 62 Viet., ch. 57, art. 2, 1st parag. 62 . Such requisition shall specify, by the number of the seat, for which particular seat the candidate is nominated. 62 Viet., ch. 57, art. 2, parag. 13a. — 25 — 63 . Such requisition shall further contain a written consent to the said nomination, which consent shall be signed by the candidate, or in his absence, by a person who declares that his is thereto authorized by him. 62 Viet., ch. 57, art. 2, parag. 136. 64 . Such requisition shall also be accompanied by a solemn declaration, made by the candidate or by another person, attesting that the candidate is the proprietor of the immoveable or immoveables to be described in the solemn declaration, and that the said immoveable or immoveables are worth the sum of at least five thousand dollars in the case of the qualification of the mayor, and of two thousand dollars in the case of the aldermen for the seats designated by the numbers 1 and 2, and of at least one thousand dollars in the case of the qualification of the alderman for the seat designated by the number 3; such value, in all the above cases, to be over and above the rents, hypothecs or charges upon the said immoveable or immoveables. 7 Ed. VII, ch. 62, art. 14. 65 . Such requisition shall also be accompanied by a certi- ficate from the city treasurer establishing that the candidate is not indebted to the said city for assessments, taxes, or any dues whatsoever, or for any other reason, to the thirtieth april previous. 7 Ed. VII, ch. 62, art. 15. 66 . If only one candidate be nominated for one seat, he shall de facto be elected, and it shall be the duty of the city clerk to at once proclaim him elected, by a notice inserted in a french and in an english newspaper published in the city. 62 Viet., ch. 57, art. 2, parag. 13c. 67 . If there be more than one candidate for the said office, the voting shall take place on the third monday of the month of february, between nine o’clock in the morning and five o’clock in the afternoon. 51-52 Viet., ch. 78, art. 14, 1st parag. 26 — 68. It shall be the duty of the clerk to publish the names of the candidates nominated for the office of mayor, as well as the names of the candidates for the office of aldermen for each ward, by a notice which shall be posted up on the door of his office in the city-hall and published in a french and in an english newspaper in the city from the nomination day to the polling day. 7 Ed. VII, ch. 62, art. 16. 69. When a poll is held in connection with the election of a mayor or alderman, or at a general or special election, the polling districts shall as far as possible be the same as those for voting at parliamentary elections. 7 Ed. VII, ch. 62, art. 17. 70. In every ward there shall be a poll house, for a num- ber not exceeding one hundred and fifty electors qualified to vote for mayor and for aldermen; a person who is qualified to vote for the aldermen for the three seats at one time, shall, however, only count as one elector. Every elector shall have the right to vote once for the election of the mayor. 7 Ed. VII, ch. 62, art. 18. 71. The poll houses shall be established by the mayor, and the city clerk shall publish the list and description thereof at least two clear days before the polling day, in a french and in an english newspaper of the city. 51-52 Viet., ch. 78, art. 17, 2nd parag. 72. The city clerk shall prepare poll books for each poll, in accordance with form L annexed to the charter of the city; and, as the case may be, there shall be one of such poll-books for the polling for the election of mayor, another for the election of the alderman whose seat is designated by the number one, and another for the polling for the election of the aldermen whose seats are designated by the numbers 2 and 3. 7 Ed. VII, ch. 62, art. 19. 73. The city clerk shall prepare partial lists of the electors — 27 — who are to vote at each poll, comprising the list of electors qualified to vote only for the aldermen whose seats are designa- ted by the number one, and, separately, the list of electors qualified to vote for the aldermen whose seats are designated by the numbers two and three; and an elector shall vote only at the poll in each ward in which his name is entered on the partial list used for voting at such poll. 58 Viet., ch. 49, art. 11, 1st parag. The voters’ lists shall be made as far as possible in such manner that the voters of a polling district may vote at the poll of such district. 7 Ed. VII, ch. 62, art. 20. 74 . Any candidate, who has been nominated, may with- draw at any time before the close of the poll, by depositing, at the office of the city clerk, a written declaration to that effect, signed by himself, in the presence of two witnesses, who shall also sign the same; and, in such case, the clerk shall give public notice of such withdrawal, and the election shall then be proceeded with as if such candidate had not been nominated. 58 Viet., ch. 49, art. 14. 75 . The mayor of the city shall, by a written document under his hand, which shall remain deposited in the office of the city clerk and form part of the records of such office, appoint a person to preside at the voting in each poll; and in the event of the absence, illness, refusal or inability to act *of such person, then the person who shall have been appointed poll-clerk for such poll shall preside at the voting with all the powers of the person whom he replaces. 51-52 Viet., ch. 78, art. 20. 76 . The officer presiding at the poll shall make oath before the recorder, the mayor or pro-mayor of the city, to faithfully and impartially perform the duties of his office. 53 Viet., ch. 68, art. 32. — 28 — 77 . The officer presiding at each poll shall, by a writteti document signed by him and which, after the counting of the votes as hereinafter set forth, shall be placed in the ballot box with the other documents, appoint a person to act as clerk at each such poll; and such clerk shall take the oath contained in schedule B to the act 33 Victoria, chapter 46, before such presiding officer. (Schedule C of the present com- pilation) . 51-52 Viet., ch. 78, art. 22. 78 . The city clerk shall, on the day previous to the voting at the latest, deliver to each officer presiding at a poll a ballot box in which the voters’ ballot papers shall be deposited. Such box shall be made of metal and be provided with a lock and key and have a narrow slit or opening on top so arranged that the ballot papers may be put in and cannot be taken out without opening the box. 51-52 Viet., ch. 78, art. 23. 79 . The city clerk shall also deliver to each officer presiding at a poll, the lists of electors to be used at such poll, and shall also deliver him, as occasion may require in each case respecti- vely, and for each ward, two hundred and fifty ballot papers for the election of mayor, two hundred and fifty for the election of the alderman whose seat is designated by the number one, two hundred and fifty for the election of the alderman whose seat is designated by the number two, and two hundred and fifty for the election of the alderman whose seat is designated by the number three, together with a lead pencil for marking the ballot papers. 7 Ed. VII, ch. 62, art. II. 80 . The ballot paper for each elector shall be a printed paper with an annex, made according to form D {schedule D of present compilation) annexed to this act for the voting for the election of mayor, according to the form M {schedule E of present compilation), for the election of the alderman whose seat is designated by the number one, according to form N {schedule F of present compilation) for the election of the alder- — 29 man whose seat is designated by the number two; and according to form K {schedule G of 'present compilation) for the election of the alderman whose seat is designated by the number three, each ballot paper showing the names of the candidates and their occupations. 7 Ed. VII, ch. 62, art. 22. 81 . The voting-room shall be so arranged that the voter can mark his ballot paper in private and unseen by the persons present in the poll. 51-52 Viet., ch. 78, art. 26. 82 . Every candidate shall have the right to be present during the hours of voting at a poll in the ward for which he is a candidate; but he ina\^ also be represented thereat by a person holding a power of attorney signed by him. 51-52 Viet., ch. 78, art. 21. 83 . During the hours of voting, no one shall be allowed to remain in the poll except the presiding officer and clerk of such poll and the candidates or their agents. 51-52 Viet., ch. 78, art. 27. 84 . One of the agents of each candidate, and, in the absence of such agent, one of the electors -representing each candidate, if there is such elector, on being admitted to the polling station, shall take an oath in the form S {schedule H of the present compilation), to keep sc’cret the names of the candidates for whom any of the voters has marked his ballot-papers in his presence, as hereinafter required. (Case of art. 95 hereafter). R. S. P. Q., art. 331. 85 . At the hour fixed for the opening of the poll, the presiding officer and poll clerk, in presence of the candidates and their agents, shall open the ballot box, and ascertain that there are no papers of any kind in it. The box shall then be at once locked, and the key shall remain in the possession of the officer presiding at the poll. 51-52 Viet., ch. 78, art. 28. 30 — 86 . Each elector, being admitted, one at a time, into the poll, shall state his names and occupation, which shall be entered by the poll clerk in the poll-book for the election of the mayor or in the book-poll for the election of the aider- men respectively, as the case may be,and according as he is qualified to vote for one or the other. 7 Ed. VII, ch. 62, art. 23. 87 - If such name be entered on the list of electors for the voting subdivision at such poll, the voter shall be given a ballot paper, as the case may be, on the back whereof the presiding officer shall have previously placed his initials, and upon the annex a number corresponding to that opposite the name of the voter on the poll-book, the ballot-papers being given and returned in succession, first for voting for the mayor, and afterwards for the aldermen whose seats are designa- ted by the numbers one, two and three. 7 Ed. VII, ch. 62, art. 24. 88 . Each elector may vote at the election of an alderman for each ward in which his name is legally inserted, in the special list of voters for such ward. But for the election of mayor, if such elector has a right to vote in several wards, he can only vote in that in which he resides; and if he does not reside in the city, he can vote only in the ward or in one of the wards for which his name is entered on the voters’ list. 7 Ed. VII, ch. 62, art. 25. 89 . Every person whose name appears on the list of electors shall be qualified to vote at the election of the mayor at the place indicated in the foregoing section, and at the election of the aldermen in the ward for which such list is made, without any other oath being required of him beyond that set forth in schedule S {schedule I of the present compilation) to this act, which oath shall be administered by the person presiding at the voting at the poll where such elector has to vote. 7 Ed. VII, ch. 62, art. 26. — 31 — 90. At the request of a candidate or of his duly authorized agent, or when the person presiding at the poll deems it advi- sable, any voter may be required to take the oath mentioned in the preceding section. 51-52 Viet., ch. 78, art. 16. 91. No ballot paper shall be given to an elector who shall have refused to take the oath if thereunto required as above set forth. 51-52 Viet., ch. 78, art. 31. 92. Whenever there is reason to know or believe that any person presenting himself to vote, has already voted at the election and presents himself with intent to vote again, or that such person desires to vote under a false name or desig- nation, or falsely represents himself as entered upon the list of electors, the person presiding at the poll, whether he be requir- ed to so do or not, shall administer to such person the oath or affirmation authorized by law. R. S. P. Q., art. 340. 93. The elector shall mark his ballot paper by making a cross with a pencil on the right hand side opposite the name of the candidate in whose favor he wishes to vote, after which he shall fold it and deliver it to the officer presiding at the poll. The presiding officer shall ascertain, by examination of his initials, and of the number, without unfolding the same that such ballot paper is the same supplied by him to the voter, and after having detached and destroyed the annex, he shall immediately, and in the presence of the voter, place the same in the ballot box. If an elector has inadvertently spoiled his ballot paper in such manner that it cannot be conveniently used, he may, on delivering the same to the presiding officer, obtain another ballot paper. 51-52 Viet., ch. 78, art. 32. 94. The poll clerk shall enter in the poll book, opposite the name of each elector presenting himself to vote : 32 — 1. The word ‘‘voted” as soon as the elector’s ballot paper has been deposited in the ballot-box, 2. The word “sworn” if the elector has taken the oath; 3. The words “refused to be sworn” if the elector has refused to take the oath. 51-52 Viet., ch. 78, art. 33. 95. At the request of any elector, who cannot read or write, or who, owing to blindness or other physical infirmity, is unable to vote in the manner prescribed by this act, the officer presiding at the poll shall assist such elector by marking, in the presence of the candidate or his representative, the ballot-paper of such elector in favour of the candidate whom he names, and by depositing such ballot-paper in the ballot !)ox. 53 Viet., ch. 68, art. 35. 96. Whenever a voter has had his ballot-paper prepared in conformity with the preceding article, mention of the fact shall be made in the poll-book opposite to the name of such voter. According to R. S. P. Q., art. 346. 97. If a person, representing himself to be a particular elector named on the list of electors, applies for a ballot paper after another person has voted as such elector, the applicant upon taking the oath aforesaid, shall be entitled to vote as any other elector. Mention shall be made in the poll book of the fact of the voter having voted on a second ballot paper, issued under the same name, and that, on demand, he has taken the required oath and also of the objections made to such vote, if any, and by whom made. 51-52 Viet., ch. 78, art. 34. 98. Every elector shall vote without undue delay and shall quit the poll as soon as his ballot-paper has been put into the ballot-box. R. S. P. Q., art. 347. — 33 — 99. No person shall, directly or indirectly, induce any voter to display his ballot-paper after he has marked the same, so as to make known the name of the candidate for or against whom he has so marked his ballot-paper. According to R. S. P. Q., art. 371. 100 . No person shall interfere with or attempt to interfere with a voter when preparing his ballot-paper, or otherwise make any attempt to obtain information at the poll as to the name of the candidate for whom any voter at such poll is about to vote or has voted. According to R. S. P. Q., art. 371. 101. Immediately after the close of the poll, the presi- ding officer shall, in presence of the candidates or their agents, open the ballot-box and count the number of ballot-papers in favor of each candidate, setting aside the ballot-papers not supplied by him and all those by which more votes shall have been given than there are candidates to elect and those bearing any mark by which the voter might be recognized. 51-52 Viet., ch. 78, art. 35. 102 . The presiding officer shall make out a statement indicating the number of the: 1. Accepted ballot-papers; 2. Votes given to each candidate; 3. Rejected ballot-papers; 4. Spoiled and returned ballot-papers; 5. Ballot-papers which have not been used and which are returned by him. He shall make and keep a copy of such statement and enclose the original in the ballot-box. 51-52 Viet., ch. 78, art. 36. 103. The other ballot-papers having been counted, and a list kept of the number of votes given to each candidate, and of the number of rejected ballot-papers, all the ballot-papers indicating the votes given for each candidate respectively, and t — 34 those rejected, shall be put into separate envelopes or parcels, and all such envelopes or parcels shall be endorsed so as tO' indicate their contents, and shall be put into the ballot-box. According to R. S. P. Q., art. 357. 104 . He shall also place in the ballot box all the election lists used by him after having written at the foot of such list a certified statement of the total number of electors who have voted on each list. The poll books and all the ballot papers and other docu- ments shall also be placed in the box which shall then be locked. 51-52 Viet., ch. 78, art. 37. 105 . When so requested, the person presiding at the poll shall deliver to each candidate, or to his agent, a certificate of the number of votes given for each candidate, and of the number of rejected ballot-papers. According to R. S. P. Q., art. 358. 106 . Immediately after the addition of the votes as aforesaid, and on the very day of the voting, the officer who shall have presided at such election in each poll respectively, shall carry the ballot box which he had in his possession to the office of the city clerk in the city hall. 51-52 Viet., ch. 78, art. 38. 107 . The ballot-boxes shall then be at once placed by the city clerk in the vault or safe in his office and shall remain there under lock and key until they are opened as hereinafter set forth, the clerk keeping the key of his vault or safe in his possession. 51-52 Viet., ch. 78, art. 39. 108 . On the day after the poll or on the following juridical day, if such day be a non-juridical day, at the hour of eleven o’clock in the morning, at the office of the said city clerk, the latter shall open the ballot-boxes, at which proceeding may be present the mayor of the city and the candidates — 35 — or their agents. The clerk shall then ascertain the number of votes given in favor of each candidate, according to the state- ments placed in the boxes by the officers presiding at the polls as aforesaid, and shall declare elected mayor or aldermen, all who shall have obtained the highest number of votes for the office of mayor or of alderman in each ward. In the event of the illness, death, absence or inability to act of the city clerk, his deputy shall act in his stead and have all his powers. 7 Ed. VII, ch. 62, art. 28. 109 . If the votes are equally divided for the same office of mayor or alderman, the city clerk shall, by a written decla- ration, determine and decide who, amongst those who have the same number of votes, shall be deemed elected to the office. 7 Ed. VII, ch. 62. art. 29. 110. If the ballot-boxes, or any of them, have been des- troyed, lost, or are not forthcoming, the city clerk shall forth- with ascertain the cause of the disappearance of such ballot- boxes, and shall procure from the person who has presided at the poll whose box is missing, or from any other person having the same, the lists, statements and certificates required by this act, or copies thereof. Each of such documents shall be verified on oath taken before the city clerk. According to R. S. P. Q., art. 363. 111. If in the case of the preceding article, the lists, state- ments, certificates or copies thereof cannot be obtained, the city clerk shall ascertain, by such evidence as he is able to obtain, the total number of votes given to each candidate at the several polling places whose boxes are missing. According to R. S. P. Q., art. 363. 112. The presiding officer at a poll and the city clerk or his assistant at the time of the nomination of candidates have full power to maintain order and preserve the peace; and if an offence is committed before them or proved on oath — 36 — of a credible witness sworn before and by one of them res- pectively, each of them has full power to cause to be arrested on verbal order by him given and to be emprisoned on his warrant for twenty-four hours in the common gaol of the district of Quebec, any person who does not maintain order or who disturbs the peace or is armed with a club, a bludgeon or other offensive weapon or who carries a flag, standard, banner, ribbon or cockade or distinctive mark or insignia to show that he is the partisan of any candidate, or who threatens to disturb the peace and good order or who wilfully hinder any elector from voting, or who in any way interferes with the nomination of the candidates or the voting. 51-52 Viet., ch. 78, art. 42. 113 . All officers of militia, constable and police officers, or gaolers of the district of Quebec, shall be bound to obey the said verbal order and warrant, under a penalty not exceeding one hundred dollars. 29 Viet., ch. 57, art. 13, parag. 2. 114 . The imprisonment of twenty-four hours aforesaid shall not exempt the person or persons so imprisoned from any of the pains and penalties to which he or they would other- wise be liable for the offence committed. 29 Viet., ch. 57, art. 13, parag. 3. 115 . Every hotel, restaurant, tavern, shop or store, in which spirituous or fermented liquors are usually sold, shall be closed thoughout the day of voting in the wards of the city in which the polls are held, under penalty of a fine not exceeding one hundred dollars, and of imprisonment for six months, in default of payment of the fine. No spirituous or fermented liquor shall be sold or given to any person whomsoever, within the limits of a ward in the city during such time, under penalty of a fine not exceeding one hundred dollars or of imprisonment, not exceeding six months, in default of payment of the fine. 7 Ed. VII, ch. 62, art. 27. — st- ub. Any person who shall, at such nomination or election, carry any flag, banner, color, ribbon, cockade, or other badge indicating the party to which he belongs, or who shall use any violence, menace or malicious practice, or disturb the nomi- nation or election, or shall carry any stick, club, or other offensive weapon, shall be liable to a penalty, for every such offence, of one hundred dollars, or three months’ imprisonment, or to both at the discretion of the court. 29 Viet., ch. 57, art. 13, parag. 4. 117v Every person who is appointed to perform any of the duties imposed upon him by this act respecting elections and who shall neglect or refuse to perform any of such duties shall be liable to a fine not exceeding two hundred dollars. 51-52 Viet., ch. 78, art. 50. 118. The mayor and aldermen elected at the aforesaid general election, shall enter into and enjoy the rights and privileges appertaining to their respective offices, on the first day of march following such election. If the said first of march be a non juridical day, they shall enter into such office only on the first following juridical day. 7 Ed. VII, ch. 62, art. 30. 119. As soon as an extraordinary vacancy occurs in the office of alderman [or councillor], the mayor shall publish or cause to be published by the city clerk a notice specifying a day for the nomination of candidates for an election to fill such vacancy and another day for the voting one week after- wards in the event of such voting being necessary through the nomination of more than one candidate. Such notice shall be published at least a week before the day fixed for the nomination of candidates in a french and in an english newspaper published in the city. 51-52 Viet., ch. 78, art. 46. 120 . If only one candidate be nominated he shall de /ado, be elected, and it shall be the duty of the city clerk to at once — 38 proclaim him elected by a notice inserted in a french and in and english newspaper published in the city. 51-52 Viet., ch. 78, art. 47. 121 . If there be more than one candidate at a partial election, the city clerk shall establish one or more polls for the ward in which the election is to be held, the description of which polls shall be published two clear days before the voting, in an english or a french newspaper of the city, and the voting for such election shall take place at such polls. 57 Viet., ch. 58, art. 4. 122 . The appointment of officers and all other proceedings at such partial elections shall be the same as for the general elections. 57 Viet., ch. 58, art. 5. 123. After the ballot boxes used for a partial election have been brought back to the office of the city clerk, the latter shall, at once, on the day of the voting, count the ballots and declare elected the candidate having the greatest number of the votes polled. 57 Viet., ch. 58, art. 6. 124. In the case of a partial election, as aforesaid, the candidate elect shall enter into office immediately after his election. 57 Viet., ch. 58, art. 7. RECOUNT OF BALLOT PAPERS BY A JUDGE. 125. In the four days following that on which the city clerk has declared a member of the city council elected, it shall be lawful for any elector to apply, by petition to a judge of the superior court at Quebec, for a recount or a new addition of the votes. 53 Viet., ch. 68, art. 36, parag. 50a. 126. Such petition shall be supported by an affidavit to the effect that the officer presiding at the poll has inipro- — 39 — perly received or rejected any ballot-papers at such election, or has improperly summed up the votes. 53 Viet., ch. 68, art. 36, parag. 505. 127. The judge, to whom the said petition is presented, shall issue an order specifying the place, day and hour at which he will proceed to examine the ballots, and commanding the city clerk to attend then and there with the parcels con- taining the ballots used at the election. 53 Viet., ch. 68, art. 36, parag. 50c, no. 1. 128. The order shall be served upon the city clerk and upon the candidates interested, two days before the day fixed by the judge as aforesaid. 53 Viet., ch. 68, art. 36, parag. 50c, no. 2. 129. At the time and place fixed, the judge shall proceed to recount all the said votes or ballots, to examine the ballots set aside or spoiled, and to verify and correct the counting of the ballots and the statement of the number of votes given for each candidate, and shall deliver all the said ballots, with a certificate of the result of his examination, to the said city clerk who shall declare elected the candidate who shall have received the greatest number of votes according to the judge’s certificate. 53 Viet., ch. 68, art. 36, parag. 50d. 130. The petition for a recount of the ballots shall be accompanied by a certificate of the prothonotary of the supe- rior court, establishing that the petitioner has deposited in the court a sum of fifty dollars, as security for the costs to be incurred, in connection with the new recount, by the candi- date who appears, by the addition, to have been elected. 58 Viet., ch. 49, art. 17. 131. In all cases not specially provided for by this act, the proceedings followed for the election of members of the legislative assembly of this province shall apply mutatis mutan- dis to the elections of members of the said city council. 53 Viet., ch. 68. art. 37. — 40 — BRIBERY CLAUSES. 132 . No elector shall ask or receive any sum of money, or other recompense, by way of gift or loan, or under any other pretext, or allow or consent to allow his assessments or taxes to be paid for him, or make any contract or agreement for any sum of money, office, gift or employment or other recom- pense whatever, to induce him to give his vote to or in favor of or withold it from any candidate; and no person shall, either personally or by his agent, as and by way of gift, recom- pense, promise, contract, or guarantee of any gift or recompense, of by means of payment of assessment or taxes, bribe or attempt to bribe, or induce any elector to give his vote to or in favor of any candidate; and any person offending against any of the provisions of this section shall be liable, on conviction, to a penalty of two hundred dollars for such offence, to be recovered with costs, by any one who shall sue for the same before the recorder’s court of the said city. 29 Viet., ch. 57, art. 14, parag. 1. 133 . The election of any mayor, alderman [or councillor], shall be declared null and void by any competent court before which it shall be proved that such mayor, alderman [or coun- cillor] has given any sum of money, office, place, employment, gratuity, reward or any bond, bill or note, or conveyance of land, or made any promise to give or do any one or more of such acts or things, or to have threatened any elector that he would cause him to lose any office, salary, income or advantage, either by himself or by his authorized agent for that purpose, with the intent to corrupt or bribe any elector to vote for him as candidate for the office of mayor, alderman [or coun- cillor], or to keep back any elector from voting for any other candidate for the same, or to open and support, or cause to be opened and supported, at his costs and charges, any house of public entertainment for the accomodation of the electors. 29 Viet., ch. 57, art. 14, parag. 2. ~ 41 — CONTESTATION OF ELECTIONS. 134. No petition for the contestation of the election of a member of the city council shall be received unless the peti- tioner has previously deposited, in the hands of the protho- notary of the superior court, a sum of two hundred dollars, as security for payment of the costs of such contestation, which may be adjudged in favour of the candidate whose election is contested. 58 Viet., ch. 49, art. 18. 135. No election shall be declared invalid by reason: 1. Of non-compliance with the provisions of this act as to the taking of the poll or the counting of the votes; 2. Of any mistake in the use of the forms contained in schedules to this act; If it appears to the tribunal having cognizance of the ques- tion, that the election was conducted in accordance with the principles laid down in this act, and that such non-compliance or mistake did not affect the result of the election. According to R. S. P. Q., art. 434. [N. B. — For the contestation of those elections, the pro- cedure indicated in articles 987-991 of the code of civil procedure of the province of Quebec is generally followed]. MEETINGS OF THE COLNC'L. 136. The city council may meet at periods to be fixed by a by-law, and may adjourn such meetings by giving notice of such adjournment to the members thereof who may not be present at the time of the adjournment. 29 Viet., ch. 57, art. 16, parag. 1. 137. The mayor shall preside at all sittings of the council, and do and perform the several duties and be invested with the powers and privileges imposed and conferred upon the mayor of the city by this act until election of his successor. 29 Viet., ch. 57, art. 16, parag. 2. — 42 — 138. One-third of the whole of the members of the city shall constitute a quorum, except as otherwise herein provided. 29 Viet., ch. 57, art. 16, parag. 3. 139. If anything is required to be done by this act on a day certain, it may be done as soon thereafter as possible, provided it has not been done owing to the want of a quorum. 29 Viet., ch. 57, art. 16, parag. 4. 140. The absolute majority of the members present, not including the mayor, pro-mayor, or member presiding the council, shall determine all questions and matters (except the passing of by-laws) submitted to the council; the council shall not in any case vote by ballot. 29-30 Viet., ch. 57, art. 3, as amended by 31 Viet., ch. 33, art. 2. 141. The mayor shall preside at the meetings of the council, and in case of an equality of votes, shall have a casting vote, and in any other case he shall have no vote. 29 Viet., ch. 57, art. 16, parag. 7. 142. The council may make rules and regulations for its internal government, and for the maintenance of order during its sittings. 29 Viet., ch. 57, art. 16, parag. 8. 143. The mayor shall maintain order and decorum during the sittings of the council; he may cause to be arrested by any police officer or constable or other person any one who may disturb the order of the council during any sitting thereof, and have him, if he see fit, sent to the nearest police station, to be thence brought before the recorder’s court, to be dealt with according to law. 29 Viet., ch. 57, art. 16, parag. 9. 144. Any person who in any manner whatsoever disturbs the order or proceedings of the council, or refuses to obey the legal orders of the mayor or person presiding at any meeting — 43 - of the council as aforesaid, or who violates any enactment of a by-law of the council made in virtue of the eighth paragraph of this section, shall incur, on conviction for every offence, a fine not exceeding forty dollars, to be sued for and levied according to law. 29 Viet., ch. 57, art. 16, parag. 10. 145. If the mayor or the acting mayor should be absent from any meeting, the council shall choose one of its members to preside; and the city clerk shall preside until such choice is made. 29 Viet., ch. 57, art. 16, parag. 11, as amended by 31 Viet., ch. 33, art. 4. 146. The council may, by by-law, compel its members to attend meetings of the council and discharge their duties. 29 Viet., ch. 57, art. 16, parag. 12. 147. The meetings of the council shall be public. 29 Viet., ch. 57, art. 16, parag. 13. OFFICERS OF THE COUNCIL. 148. The council shall appoint a city clerk, a treasurer, clerk of markets, a city engineer, one or more road, street, bridge and chimney inspectors, one or more collectors and pound keepers, and such other officers as shall be deemed necessary; and they may remove or dismiss any officer, and appoint another in his place, and may exact security from them, and accord salaries to them, which salaries may be increased or reduced, from time to time, in the discretion of the council; and no reduction under this section shall give any claim for injury or damages as against the corporation, to any person whose salary shall have been so dealt with. 29 Viet., ch. 57, art. 17, parag. 1; 61 Viet., ch. 52, art. 29. 149. It shall be lawful for the city council to appoint a person as inspector of steam boilers and motors used in industrial establishments in the city of Quebec, and to pass — 44 — a by-law defining the powers and duties of the person so ap- pointed. 63 Viet., ch. 48, art. 7. 150. The city council shall not grant any pension or any retiring allowance to any of its officers or servants, or any relief or assistance or other compensation whatsoever, in the nature of an annual or periodical payment, for damage or injuries received in its service, or for any reason or cause whatsoever. 29 Viet., ch. 57, art. 17, parag. 2. 151. If, by the act or neglect of any officer of the council, or of the said corporation, a suit or plaint brought by the said corporation is dismissed, the court, in adjudicating thereon, may, by its judgement dismissing the said suit or plaint, condemn the said officer to pay the amount claimed in the said suit, with interest and costs; or in case of a plaint, the costs thereof, and the said amount and interest thereon, toge- ther with the costs thereof, or the costs of the plaint, may be levied in the ordinary course of law against the goods and chattels of said officer, without any other formality or pro- ceeding whatsoever being complied with or taken. 29 Viet., ch. 57, art. 17, parag. 3. 152. If any officer is absent, or incapable of acting, the mayor may appoint an assistant during such absence, and such assistant shall, during the period of which he shall be so appointed, exercise all the powers and perform the duties of the principal so absent. 29 Viet., ch. 57, art. 17, parag. 4. 153. The city clerk shall keep minutes of all the delibe- rations or proceedings of the city council; the mayor, or in his absence, the acting mayor, or the member appointed to preside over the council, shall sign such minutes, and every elector shall have access thereto on payment of twenty cents. 29 Viet., ch. 57, art. 17, parag. 5. 154. All copies of minutes, and generally all certificates, documents and papers, signed by the mayor, and conter- — 45 — signed by the city clerk, under the seal of the city, shall be received in all courts of justice, as proof of the contents of the original thereof; and all copies of documents, certified by the city clerk, under the seal of the city, shall be authentic, and shall be evidence, and held as such, in all courts of justice, unless it 1)(‘ specially pleaded that such signatures and seal are forged. 29 Viet., ch. 57, art. 17, parag. 6. 155. The city treasurer shall keep true and correct accounts of all sums of money by him received or paid, indicating the several purposes for which such sums of money shall have been received or paid; the mayor and members of the council shall have the right of examining such accounts at all reasonable times. 59 Viet., ch. 47, art. 2, 1st parag. 156. At the begining of (‘ach fiscal year, the treasurer shall make out in writing a full abstract of all accounts, both of receipts and expenses, for and during the preceding fiscal year, and cause the same to be printed in the official news- papers of the city council, after having delivered a certified copy to the city council. A copy thereof shall be open to the inspection of all the rate-payers of the said city, at the city treasurer’s office, at all reasonable hours, free of charge, and they shall be entitled to a copy thereof on payment of a rea- sonable price therefor. 59 Viet., ch. 47, art. 2, 2nd parag. 157. All officers appointed by the council, shall be obliged to render to the said council a true account ,in writing, of all matters committed to their charge, and also of all moneys which they shall respectively receive; if they shall not render such account, or deliver up to the said council the papers, books, moneys, documents or other effects belonging to the said council, the said corporation shall make complaint before the said recorder’s court, which shall order that a warrant do issue from the said court, to arrest and bring this officer before it, and whether such officer shall or shall not appear, or shall — 46 — or shall not be found, the said court shall hear and determine the said complaint in a summary manner, and if it shall appear to the said court that the said officer owes money to the said corporation, such court shall issue a writ to cause such moneys to be levied by distress and sale of the goods and chattels of the said offender, and if sufficient goods and chattels shall not be found to satisfy the said moneys and the costs of distress, or if it shall appear to the said court that such officer has refused, or wilfully neglected to deliver such accounts or vouchers, books, papers, documents or other effects confided to him, or which were in his custody, or has omitted or refused to deliver them to the said corporation, the said court shall imprison the offender in the common gaol of the district of Quebec, where such officer shall remain, without privilege of bail, until he shall have paid such moneys as aforesaid, or shall have delivered a true account, and shall have delivered up such books, documents, papers, effects and vouchers as afore- said, or shall have given satisfaction to the said council in relation thereto; but no such officer shall be detained in prison for want of sufficient means, for a longer period than three calen- dar months. 29 Viet., ch. 57, art. 17, parag. 10. 158. Nothing in the present act contained shall prevent or restrict any judicial remedy against any officer offending as aforesaid, in the present section, or against any surety for any such officer. 29 Viet., ch. 57, art. 17, parag. 11. 159. The mayor may, whenever he shall consider it necessary, require the recorder of the said city to institute an enquiry into the conduct of any officer or servant of the said corporation, in his capacity as such, and the said recorder shall for that purpose be vested with all the powers conferred upon him by section twenty-seven of this act, {art. 174 here- after), in the case of an inquiry ordered by the council. 29-30 Viet., ch. 57, art. 4, 1st parag. 160. The mayor may suspend such officer or servant — 47 — from the performance of his duties, and such suspension may continue until the council of the said city shall thereupon decide. 29-30 Viet., ch. 57, art. 4, 2nd parag. 161 . The mayor exercises the right of superintendance, investigation and control over all the departments and officers of the municipality, and especially sees that the revenue of the municipality is collected and expended according to law, and that the provisions of the law as well as all by-laws, rules and regulations of tlie municipality, are faithfully and impartially enforced, and, from time to time, lays before the council such proposals for alterations or amendm.ents as he may deem necessary and advisable, and shall communicate to the council such information and suggestions as may tend to the improvement of the finances, police, health, security, cleanliness, comfort and progress of the municipality. In the exercise of his functions as the executive head of the municipal administration, the mayor has the right, at any time, to suspend any officer or employee in the service of the municipality, and, in such case, the mayor shall at the earliest opportunity, report the matter to the council or to the committee having immediate supervision over the depart- ment affected, stating in writing the reasons for such action on his part. R. S. P. Q., art. 5304. 162 . Every by-law, resolution, obligation or contract approved by the council, shall, within forty-eight hours after the approval of the council, be presented by the clerk to the mayor for his approval and signature. If he refuse to approve thereof he returns the same with his objections in writing, to the clerk, who submits them for reconsideration at the next session of the council, as a matter of urgency and privilege. If the absolute majority of the members of the council reaffirm such by-law, resolution, obligation or contract, the mayor is bound to sign and approve the same, and if he refuse so to do, such by-law, resolution, obligation or contract is — 48 — legal and valid as if signed and approved by him, subject, nevertheless, to any special provisions of the law by which a specified majority of the council is required for the approval of any by-law, resolution, obligation or contract, or where the approval of the mayor is specially required. R. S. P. Q., art. 5305. N. B. — The two preceding articles, replacing 3 Ed. VII, ch. 38, art. 50 and 51, are applicable to the mayor of the city of Quebec, in virtue of the law 7 Ed. VII, ch. 62, art. 31. 163 . The clerk of the city of Quebec may, for and in the name of the corporation, reply to all interrogatories upon articulated facts served upon the corporation, and the treasurer thereof shall have power to make the declarations required by law for and in the name of the corporation as garnishee, without being authorized by a resolution of the city council to that effect. 51-52 Viet., ch. 78, art. 64. 164 . The salaries and emoluments of the officers and employees of the corporation of the city are seizable for one fifth only. 59 Viet., ch. 47, art. 30. N. B. — The first part of the preceding article, as it is in the statute, being now inoperative, it has been omitted. AUDITORS THEIR APPOINTMENT AND DUTIES. 165 . In the month of february, in each year, the council shall appoint two auditors, chosen from among the persons having the qualifications prescribed by this act, to fill such office, or shall appoint a permanent auditor with a salary. 29 Viet., ch. 57, art. 26, parag. 1, as amended by 41-42 Viet., ch. 14, art. 3. 166 . No person shall be capable of being elected auditor unless he shall have been a resident householder within the city of Quebec for one year next before his election. 29 Viet., ch. 57, art. 26, parag. 2. — 49 — 167. No member or officer, or employ-': of the city council shall be appointed auditor. 29 Viet., ch. 57, art. 26, parag. 3. 168. Any vacancy occurring in the office of the auditor shall be filled up by the council. 29 Viet., ch. 57, art. 26, parag. 4. 169. Any person who shall refuse to accept the office of auditor shall be liable to a penalty of two hundred dollars. 29 Viet., ch. 57, art. 26, parag. 5. 170. Every auditor, before acting as such, shall take the oath of allegiance and of qualification mentioned in schedule E {schedule J of the present compilation) appended to this act and of which it forms part. And such oaths shall be admi- nistered by the recorder of the said city or by a justice of the peace for the city or for the district of Quebec. 29 Viet., ch. 57, art. 26, parag. 6, as modified by 29-30 Viet., ch. 57, art. 12. 171. Immediately after the close of the fiscal year, the city auditor shall examine the treasurer’s accounts for the previous year with all vouchers and papers connected therewith, and certify them correct, if they shall be so, and return them to the treasurer. 59 Viet., ch. 47, art. 3. 172. In their report to the council, in may, in each year, the auditors shall declare upon oath whether the city treasurer has or has not complied with the requirements of the present act with regard to the sinking fund. 29 Viet., ch. 57, art. 26, parag. 8. FIRE COMMISSIONER. 173. The fire commissioner for the city of Quebec is entitled to an annual salary of one thousand seven hundred 4 — 50 — dollars, to be paid by the city of Quebec by quarterly payments; and in addition to the said salary, he has a right to receive from the said city, for every original subpoena, twenty cents, and each copy thereof, five cents, and for every warrant, warrant of arrest, or warrant of commitment, fifty cents. The city is entitled to recover from the fire insurance companies or their agents, doing business in the said city, two-thirds of the amount paid by it, in such manner and at such periods as may be determined by by-law made for that purpose, and which by-law it is authorized to make, and from time to time to change or alter; and by such by-law the said city may establish the proportion to be paid by each of the said fire insurance companies, and, in case of non-pay- ment, the action to that effect shall be brought before the recor- der’s court and decided according to the law regulating the said court. R. S. P. Q., art. 3822. OTHER POWERS OF THE COUNCIL. 174 . The council may appoint committees, composed of a certain number of its members, for the discharge of the duties within its jurisdiction, but such committees shall be subject in all things to the approval, authority, and control of the said council. 29 Viet., ch. 57, art. 27, parag. 2. 175 . The mayor may take part in the discussions and vote in all committees of the council, and the chairman shall only have a casting vote in the case of an equal division. 29-30 Viet., ch. 57, art. 42, parag. 36. 176 . The council may, by a resolution, cause the recorder of the city of Quebec to take cognizance of all matters mentioned in such resolution, whether it relates to any alleged malfeasance, violation of deposit, or other improper conduct, of any of its members, officers, employes or contractors, in so far as such acts shall have been committed by the offender in his capacity — 51 — of member, officer, employe or contractor, or whether it relates to the good government, or the administration of any portion of the public affairs of the said city; and the recorder shall thereupon make an investigation, and he shall have, for this purpose, all the powers given by the thirteenth chapter of the consolidated statutes of Canada, to commissioners named by virtue of the said chapter, and he shall report to the said council the result of such investigation with all possible diligence. 29 Viet., ch. 57, art. 27, parag. 5. [N. B. — Articles 584-598 of the R. S. P. Q. now contain the provisions applicable to that matter.] 177. Upon any inquiry or investigation l)eing entered into before the said council or any committee thereof, it shall be lawful for the mayor or other person representing him, to issue his summons requiring any person to appear before the said council or any committee thereof as aforesaid, for the purpose of giving evidence touching the said inquiry or investigation; and if any person 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 such council or committee, or if any person appearing in obedience to such summons shall refuse to be examined on oath, touching the said inquiry 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 the province of Quebec. 31 Viet., ch. 33, art. 9. [N. B. — In the month of January, in each year, the city council shall transmit to the provincial board of health, a report on the sanitary operations of the year ending the 31st december preceding, according to article 3893 of the R. S. P. Q.] CONTRACTS. 178. Every contract, wherein the consideration exceeds two hundred dollars, which shall be given for the city, for — 52 — work to be done by it or for articles or things to be supplied to it, shall be passed by notarial deed, and the party contracting with the city shall, as security for the performance of his con- tract, furnish such security as the council determine before according the contract. If the council has not determined the security to be fur- nished or decided that no security is necessary, such contract shall be void. 53 Viet., ch. 68, art. 22. 179. The letting of the stalls of the various market halls of the city shall be effected by notarial deeds, and the lessee shall furnish, to the satisfaction of the mayor of the said city, two solvent sureties. 55-56 Viet., ch. 50, art. 11. 180. The possession of a stall shall not be given to a lessee until the said securities are furnished and the lease signed by the mayor. 33 Viet., ch. 33, art. 28, parag. 2. ASSESSMENTS FOR MUNICIPAL PURPOSES. ASSESSORS, APPOINTMENT AND DUTIES. 181. Four or more assessors shall be appointed by a special board, called the assessment board and consisting of the mayor, the recorder, and the chairman of the finance committee of the city. Such assessors shall remain in office during the good pleasure of the said board. 53 Viet., ch. 68, art. 2. 182. No person shall be eligible as assessor unless he is seized or possessed to his own use of real or personal estate, or both, within the city, after payment or deduction of his just debts, of the value of one thousand dollars. 29 Viet., ch. 57, art. 18, parag. 2. — 53 — 183. Any person who shall refuse to accept the office of assessor, shall incur a penalty of two hundred dollars. 29 Viet., ch. 57, art. 18, parag. 3. 184. The remuneration of the assessors shall be fixed from time to time by the assessment board, and any vacancies among the assessors shall be filled by the said board. 29 Viet., ch. 57, art. 18, parag. 5. 185. The assessors cannot act as such before having taken, before the mayor or before another member of the assessment board, the oath of office, qualification and alle- giance mentioned in schedule V of this act {schedule K of the present compilation ) . 59 Viet., ch. 47, art. 28. 186. Two members of the said board, present at any meeting of the said board, shall be competent to exercise all the powers conferred on the said board by this act. 29-30 Viet., ch. 57, art. 6, parag. 2nd. 187. The assessors shall, each year, value all properties within the limits of the city of Quebec, and make returns also of the names of all persons liable to pay any tax, duty or impost, specifying the amount payable by every such person. 29 Viet., ch. 57, art. 18, parag. 6. 188. The assessors shall have the power to assess during the whole year of their term of office. 29 Viet., ch. 57, art. 18, parag. 9. 189. The assessment board shall regulate and determine the time when the assessors of the said city shall annually begin 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 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 — 54 — 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 have been made. 29 Viet., ch. 57, art. 18, parag. 10. 190. The said assessors may exercise, either collectively or separately, each and every the powers which are conferred upon them by this act, or by any other act, or by the by-laws of the council now in force, or by those to be hereafter made by the said board. 29-30 Viet., ch. 57, art. 6, parag. 1st. 191. The assessors shall, in future, enter in their books the names of all the proprietors, tenants or occupants of immo- veables, with a statement of the venal value, the leasing value or the rent, as the case may be, of each immoveable or part of an immoveable occupied separately, even if such proprietor, lessee or occupant, pays or does not pay taxes to the city. 53 Viet., ch. 68, art. 31, parag. 3, last sentence. 192. In assessing the real estate in the city, the assessors shall take, as the basis of their valuation, the hona fide rentals thereof or the interest upon the real value of such property, if they consider the rental is an unfair one and disproportioned to the value of the property assessed. If the property is occupied by the proprietor himself or is in his possession, the assessors shall determine the amount of the assessment to be paid on and according to the rental which the property might be worth and should bring or on the real value of such property. 57 Viet., ch. 58, art. 8, two first parag. N. B. — That law is of 1894, when the legal rate of interest was of 6 per 100. It is by law 63-64 Viet, ch. 29, of July 1900, that the rate of interest has been changed from 6 per 100 to 5 per 100. 193. If an immoveable in the city is occupied partly by the proprietor and partly by tenants, the assessors shall deter- — 55 — mine the amount of the assessment to be paid by him by basing the assessment on the rent or on the leasing value of the portion occupied by him as compared with the leased portion. 1 George V, ch. 47, art. 15. 194. Proprietors of houses containing several lodgings or offices in the city, shall furnish the assessors in writing, when thereunto required, with a full list of their tenants or occupants and the amounts paid by each of them for the rent or occupation of such lodgings or offices. Every such proprietor who refuse to give such list, or who knowingly gives a false or incorrect list, shall incur a penalty not exceeding- forty dollars recoverable by suit before the recorder’s court. 1 George V, ch. 47, art. IG. 195. Every person keeping a store, shop, factory, agency, hotel or business office of any kind in the city and having employees, shall furnish the city assessors in writing, when thereunto required, with a full list of the said employees men- tioning their residences; and every ]:>erson above mentioned who refuses to give such list or who knowingly gives a false or incomplete list shall incur a penalty not exceeding forty dollars recoverable before the said recorder’s court. 1 George V, ch. 47, art. 17. 196. Vacant lots shall be assessed upon the interest at six per cent of their real value. 3 Ed. VII, ch. Gl, art. 14. 197. In addition to the method at present authorized for taxing immoveables in the said city, the municipal council of the said city is authorized to pass a by-law enacting and ordering that the assessment of such immoveables may be based on a percentage of their real value, instead of on their leasing value. 7 Ed. VII, ch. G2, art. 32. 198. Any person who shall refuse to reply to the questions — 56 ~ which are put to him by any assessor in the discharge of the duties imposed upon him by law, or who shall give information to the said assessor which he knows to be false, or who shall verbally insult or slander or strike such assessor, or who shall refuse to allow any such assessor, in the discharge of his said duties, to enter in and upon his property or the localities occupied by him, shall incur for each such offense a penalty not exceeding forty dollars, which shall be recovered, according to law, before the recorder’s court of the said city. 33 Viet., ch. 46, art. 40. 199 . The city assessors shall constitute a board, called the ^‘Board of assessors” a majority whereof shall be a quorum. 1 George V, ch. 47, art. 18. 200 . The clerk of the recorder’s court or his assistant shall act as clerk of the board, and shall keep a register in which he shall enter in a summary manner, the proceedings and decisions of the board. 1 George V, ch. 47, art. 19. 201 . As soon as the assessors shall have deposited the assessment rolls in the office of the city treasurer, the latter shall publish a notice of such deposit during three weeks in a french and in an english newspaper of the city. During the three weeks following the date of the first publication of the notice of such deposit, all persons considering themselves aggrieved by any entry, estimate or charge in the said assess- ment roll, shall file a complaint before the board of assessors of the said city, in writing, and sworn to before a justice of the peace, a member of the council or the clerk of the recorder’s court of the city. Such complaint shall be filed during the same period with the board of assessors and the clerk of the said board shall give in the said newspapers, notice of the days and hours when they will hear the complaints. 1 George V, ch. 47, art. 20. 202 . The assessor who has valued the property respecting — 57 which a complaint was made before the board, cannot sit nor hear complaint. 1 George V, ch. 47, art. 21. 203. When complaints are heard, the witnesses may be sworn by the clerk of the said board or by one of the assessors. The depositions of the witnesses need not be taken down in writing, but each party may, at his own expense, employ a stenographer to take down such depositions. 1 George V, ch. 47, art. 22. 204. The board of assessors may adjourn from time to time when necessary, to enquire into and decide upon the complaints laid before them, but they shall give their decision within as short a delay as possible. 1 George V, ch. 47, art. 23. 205. Every ratepayer who has filed a complaint respecting an entry in or omission from the assessment rolls and who considers himself aggrieved by the decision rendered by the assessors, may, within a delay of eight days from the service in writing of such decision, appeal therefrom, by petition to the recorder’s court. 1 George V, ch. 47, art. 24. 206. Such petition, as well as a copy of the proceedings had before the assessors certified by the clerk of the said board, shall be filed in the office of the clerk of the recorder’s court, who shall give each petitioner notice of the day and hour when the said court will take cognizance of such petition. If either of the parties so requires the depositions shall be taken in short-hand before the recorder’s court, which by its judgment shall adjudge as to the cost of such depositions. 1 George V, ch. 47, art. 25. 207. The party who is not satisfied with the decision of the recorder’s court in connection with the said complaint may, within ten days following such decision, appeal to the superior court whose judgment shall be final and without appeal. Such appeal shall be taken by an inscription filed — 58 — in the office of the recorder’s court, notice whereof shall be given to the adverse party; and within five days the clerk of the recorder’s court shall transmit the record to the office of the prothonotary of superior court. 1 George V, ch. 47, art. 26. 208. All the delays mentioned shall be final, so that any complainant who shall neglect to make his complaint or proof within the time specified, and take out such appeal within the prescribed delay, shall be foreclosed from so doing, and be held responsible for and compelled to pay the amount for which he may be assessed, according to the said assessment books, together with all sums charged against him for taxes, rates, imposts, duties or other municipal charges. 29 Viet., ch. 57, art. 20, parag. 2. 209. In any case wdiere, after the making up of an assess- ment book, it shall become necessary to correct or amend the errors or omissions that may be found therein or to make amendments thereto, or whenever persons, not subject to assessment or to any tax whatsoever at the time of the making up of the said assessment book, shall, thereafter and within any period of the fiscal year, become subject to the payment of such assessment, rate or tax, such correction of errors or omissions, shall be made in such assessment book on petition to that effect addressed by any assessor to the recorder’s court; provided such application shall not be made for more than the current year and the -four preceding years. 3 Ed. VII, ch. 61, art. 5. 210. The said petition shall be served on the interested party with a notice of its presentation, with a delay of two clear days, and proceedings shall be had thereon in accordance with the procedure of the said court; and, if the said petition be proved, the said court shall order such error or omission to be rectified or such entry to be made in the assessment book as it may deem proper. 3 Ed. VII, ch. 61, art. 6. — 59 — 211 . When a building, which has not been commenced or completed when the assessment books are completed, shall be finished in the course of the fiscal year, and when the entry in the assessment book of such addition to the immo- veable shall have been permitted by the recorder’s court, the owner of such addition or new building shall be bound to pay to the city the amount of the taxes, assessments and water rates, which shall have been entered in the said assess- ment book, proportionately to the remaining period of the fiscal year. 61 Viet., ch. 52, art. 21, 1st parag. 212 . If, at any time, it be ascertained that a property has been assessed at a leasing value less than the amount for which it has actually been leased, and if such under valua- tion be due to inaccurate information supplied to the assessor, it shall be lawful for the said assessor to present a petition to the recorder’s court, setting forth the facts, and praying for authority to enter in the said assessment books the addi- tional assessments and taxes which would have been due on the difference between the leasing value entered in the books and that which should have been entered therein. Such petition shall be served upon the proprietor of the immoveable so undervalued at least five days before presentation of the same, and proceedings shall be had thereon as in the case of a complaint by ratepayers. By such petition, no increase of assessments or taxes can be asked for more than the past five fiscal }^ears. 61 Viet , ch. 52, art. 21, three last par. 213 . Whenever the corporation shall consider itself aggrieved by an entry made in any of the assessment or valua- tion books of the said city, it will be competent for the city treasurer, in the name of the said corporation, to complain of any such entry, in the manner and at the time prescribed by the first subsection of the twentieth section of the act twenty-ninth Victoria, chapter fiftj-seven, and the said corpo- ration shall be bound to give eight days notice to the person affected by such entry. 34 Viet., ch. 35, art. 19, parag. 1. N. B. — That provision of the law 29 Viet., eh. 57, art. 20, parag. 1, is now replaeed by the law 1 George V, eh. 47, art. 20 (art. 201 heretofore of the present eompilation. 214. The said reeorder’s eourt may also at any time, on demand brought before it by the eity treasurer, eorreet any error and supply any omission whatsoever, as to the right of property, possession or oeeupation of any immoveable property within the said eity, or as to the name, quality, or domieile of any person subjeeted to any assessment or tax whatsoever, whieh now or hereafter may exist in any assessment book for any speeified year, in eonforming to the proeedure as laid down in the twentieth seetion of the same aet. 34 Viet., eh. 35, art. 19, parag. 2. N. B. — It was art. 20 of 29 Viet., eh. 57, whieh is now replaeed by 3 Ed. VII, eh. 61, art. 5 and 6, (art. 209 and 210 heretofore of the present eompilation.) 215. Any assessment book, or roll appearing to be an assessment book or roll of the said eity, or of one of the wards thereof for a given year, and produeed before a eourt of justiee, until proof to the eontrary, shall be presumed to be an assess- ment book or roll of the said eity or of sueh ward thereof for the said year. 33 Viet., eh. 46, art. 23. ORDINARY ASSESSMENTS. 216. The eouneil may, at any meetings thereof eomposed of not less than two-thirds of the members thereof, make by-laws for the following purposes. 29 Viet., eh. 57, art. 21, parag. 1. 217. For the raising, assessing and applying sueh moneys, as may be required for the exeeution of the powers with whieh the said eouneil is now, or may be hereafter invested, either by imposing tolls and rates, to be paid in respeet of any public works within the said city, or by means of a rate or assessment, to be assessed and levied each and every year, on real or personal — 61 — property, or both, within the said city, or upon the owners or occupiers therefore in respect of such property. 29 Viet., ch. 57, art. 21, parag. 2, as amended impliedly by 51-52 Viet., ch. 78, art. 58. 218 . The council may make by-laws for imposing taxes on animals, carriages, trades, commerce, traffic, manufactories, industries, occupations, business, arts, professions, or means of gain or livehood which are now or may hereafter be used, exercised or put in operation in the city, on their agents or agencies, or on the premises wherein or whereupon they are and may be carried on, exercised or put in operation, and on all ferrymen between the city and another locality, not being at a greater distance than twelve miles from the city, and upon every circus company or circus giving exhibitions or having performances or processions in the city. 7 Ed. VII, ch. 62, art. 34. 219 . The amount of the taxes for carrying on any business, trade or occupation, in the city, by persons residing outside its limits, l)ut theretofore paying no municipal tax to the said city, may be different from the amount of the said taxes exacted from persons residing therein, and such taxes may be levied in the form of permits or licences. 8 Ed. VII, ch. 83, art. 5. 220 . Each and every special tax imposed in virtue of the foregoing provisions may, at the option of the council, be either a fixed annual tax on all or any of the divers classes of persons subject to such taxes and on the premises by them occupied for the ends of their commerce, trade or industry, or a proportional tax, to be determinated by the said council, according to the assessed real value of the immoveable or any part thereof as such, or according to the annual value of the rental of such immoveable or any part thereof occupied as aforesaid by the persons subject to such tax, or to both modes together, that is to say, a fixed tax on the person subject to said tax and a proportional tax on the immoveable occupied as aforesaid, or only a fixed tax on the said person, according as — 62 — the said council shall in each case consider it more advantageous for the city. 50 Viet., ch. 57, art. 14, 2nd parag. 221 . For the ends of the said act, twenty-ninth Victoria, chapter fifty-seven, and of the acts amending it, all persons shall be reputed wholesale dealers who habitually sell to other dealers; wholesale and retail dealers, persons who habitually sell to dealers and non-dealers; retail dealers, those who habi- tually sell to non-dealers. 31 Viet., ch. 33, art. 8. 222 . In the case of rate or rates imposed on the partner of a firm or company of merchants as aforesaid, such rates may be claimed and recovered in the manner prescribed for the recovery of assessments, taxes or rates imposed by the said council either against such partner or against the firm or company of which he is partner. 29 Viet., ch. 57, art. 21. parag. 5. 223. In non-commercial partnerships any personal tax imposed on persons exercising any profession or trade in the said city shall be payable by each such person individually, notwithstanding the fact that he exercises such profession or trade in partnership with others. 33 Viet., ch. 46, art. 39. 224. In all cases where the said council is authorized- by law to impose a rate or rates on the agency or agent of any person, firm or company whatsoever, incorporated or not, carrying on or exercising any trade or business whatsoever, or any banking business or commercial business, in the said city, such rate or rates may be claimed and recovered in the manner above set forth against the agency or agent of such person, firm or company in the said city. 29 Viet., ch. 57, art. 21, parag. 6. 225. All and every agent, or agents of all and every insurance company, or all and every agency of insurance company having an office or doing business in the city of 63 — Quebec, and also all and every agent or agents of all and every merchants, firm of merchants, or of any mercantile concerns whatsoever having an office or doing business in the said city of Quebec, shall be held personnally responsible towards the corporation of the city of Quebec, for all taxes or duties imposed by the city council on each and every of them as such agent or agents of all and every such insurance company or on all and everj^ such agency of insurance company, or as agent or agents of all and every such merchants, firm of merchants, or of any mercantile concerns whatsoever. 37 Viet., ch. 50, art. 4. 226 . And the words “agent” or “agents”, in the foregoing subsections, signify any and every agent or any and every agency of one and the same company or partnership having several distinct and separate agents or agencies in the said city, and the special rate imposed on the different trades, businesses or occupations hereinabove specified, shall be payable for such and every establishment of such trade, business or occupation in the said city, when it shall be carried on by the same person, firm or persons or compaii}" in a distinct and separate house or place of business. 29 Viet., ch. 57, art. 21, parag. 9. 227 . Every person of the male sex above the age of twenty- one, and under the age of sixty years, not otherwise personnally taxed, shall pay an annual or capitation tax of two dollars currency. 34 Viet., ch. 35, art. 23. (V. B. — See art. 230 and 231 hereafter). EXEMPTIONS FROM CAPITATION TAX. 228 . The following persons shall be exempt from the said capitation: All persons above the age of sixty years; the officers and soldiers of Her Majesty or of the Militia in active service, or any person domiciled in the said city during less than six months; apprentices bond fide; and any person who — 64 — shall serve in any fire company established by the corporation or under its control, so long as he shall belong to such company. 29 Viet., ch. 57, art. 22. SPECIAL PROVISIONS AND LICENSES. 229 . A personal fixed and annual tax of one hundred dollars is hereby imposed on all persons or firm of persons doing business in the city of Quebec as merchants, or firm of merchants, or agents, or clerks, or employees of such mer- chants, or firms of merchants having their offices or counting house within the city of Quebec, but having their warehouses, coves or wharves, outside the limits of the said city, the said tax to be paid in addition to all other taxes or duties already imposed on all merchants, or firm of merchants in the said city. 37 Viet., ch. 50, art. 3. 230 . A further personal tax of two dollars shall be imposed, and payable annually, by every person doing or exercising any business whatever, profession, art or trade, and by any person exercising or practising the same in the said city, either person- ally or by other persons acting as their agents. 40 Viet., ch. 52, art. 3. 231 . The personal tax of two dollars, mentioned in the act 40 Victoria, chapter 52, section 3, is declared to have been and to be payable by every person residing within the city, who has regular employment or earns a yearly salary therein, and in future, shall be payable by every such person whether they reside within or without the city. 1 Ed. VII, ch. 42, art. 9. [N. B. — The tax of S2.00 mentioned in the two preceding articles is distinct from and above the tax mentioned in art. 48 of by-law No 200, as amended by by-law No 233]. 232 . In every case where the council is or shall be autho- rized to impose a specific rate or rates on any commerce, trade or business whatsoever, followed or carried on in the — 65 — said city by an association or company of persons, or by any person whomsoever, the said council may impose such rate or rates in the manner now prescribed by law, or oblige all such commerce, trade or business, or merely render liable to such obligation the said commerce, trade or business to such extent, and not exceeding the rate fixed by the by-law of twenty-seventh april, one thousand eight hundred and sixty- six. 33 Viet., ch. 46, art. 18, parag. 1. 233. All licenses shall be issued under the signature of the city clerk, on the certificate of the city-treasurer that the price of the said license has been paid by the person applying for the said licence. 33 Viet., ch. 46, art. 18, parag. 2. 234. Any person carrying on in the said city any com- merce, trade or business for which a license ought to be pre- viously taken out and obtained as aforesaid, wihout such license, shall incur for such offense a fine not exceeding five hundred dollars, to be recovered conformably to law, before the recorder’s court of the said city. 33 Viet., ch. 46, art. 18, parag. 3. 235. All licenses which in virtue of the present section as well as all licenses which the corporation of the city of Quebec is authorized to issue under the acts incorporating the said city, shall be valid from the day of the issuing thereof until the first day of may then next, and no longer. 33 Viet., ch. 46, art. 18, parag. 4. 236. All owners or masters of steamers, steam tow^-boats or steamboats, and all agents of owners or masters of steam- boats, (oceanic steamers excepted,) plying within the limits of the city of Quebec, or towing in the harbour of Quebec, having no office or place of business in the said city, shall be bound to take out annually on the first day of may, in each 5 — 66 — year, or before allowing such steamers, steamboat or steam- boats to ply within the said limits or to tow in the said harbour as aforesaid, from the clerk of the corporation of the city of Quebec, a license, for which they shall pay to the treasurer of the said city the sum of twenty dollars for each such license, under pain of a fine not exceeding forty dollars for each contra- vention to the provisions of the present act. 37 Viet., ch. 50, art. 1, as amended by 38 Viet., ch. 74, art. 28. 237 . All merchants, firm or company of merchants, and all agents, clerks or employees of such merchants, firm or company of merchants not residing in the city of Quebec, and having no office or place of business within the said city, but doing business therein, as such merchants, agents or clerks or employees of such merchants, firm, or company of merchants, shall be bound to take out annually, on the first day of may in each year, a license from the clerk of the corporation of the city of Quebec, before they may exercise their trade, commerce or business in the said city, for which license they shall pay respectively to the treasurer of the said city, a sum of one hundred and twenty dollars, the said license to be taken under pain of a fine not exceeding one hundred and fifty dollars for each contravention to the provisions of the present section. 37 Viet., ch. 50, art. 2, as amended by 38 Viet., ch. 74, art. 29. COMMERCIAL TRAVELLERS. N. B.— The law 29-30 Viet., ch. 57, art. 20, of 1866, authorized the city council of Quebec to pass a by-law to compel the commercial travellers coming from places outside of the city, to take out a license for the exercising of their trade in the city, for which license a sum not exceeding 1^200.00 might be exacted. — G7 — The law 50 Viet., eh. 15, of 18th may 1887, has abrogated any statute empowering a munieipal eorporation to exaet a lieense from the eommereial travellers taking orders or selling on samples or eatalogues or lists of priees; and that same law ,has abrogated the munieipal by-laws then in existenee in that respeet. That provision of the law has been refunded in artiele 4644 of the R. S. P. Q., of 1888. The law 2 Ed. VII, eh. 29, has made to that artiele 4644, a modifieation aeeording to whieh a eity may make a by-law to eompel those eommereial travellers to take out a lieense, if they sell on samples to persons other than merehants, traders, or manufaeturers, only in the ordinary course of their business. Article 5932 of the R. S. P. Q., of 1909, now contains the law in that respect. COLLECTION OF ASSESSMENTS. 238. The said city treasurer, as respects all rates and assessments to be imposed, otherwise than by the sheriff, is hereby authorized to give the notices, (form G), [schedule L of the present compilation] make the demands (form H.) [sche- dule M of the present compilation], to be signed by the city treasurer or bear a fac simile of his signature, and for the said notices, the treasurer is authorized to charge a sum of twenty cents for each notice, and ten cents for the signifi- cation thereof by the bailiff, and in default of payment to seize and sell by warrant to be issued by the recorder’s court, according to (form J) [schedule N of the present compilation], annexed to this act, in manner and form as provided for in the said section; and in the event of any opposition being filed, the proceedings shall be remitted to the recorder’s court, which shall have full power to act and adjudicate therein, subject to an appeal when an appeal is now granted by law. 33 Viet., ch. 46, art. 30. 239. Whenever the person upon whom such notice and demand had been served, has any defence to the claim of the said corporation, he may, within ten days from the day on which such service has been made, present to the recorder’s — 68 — court a petition, of which notice shall be given to the city treasurer, setting forth the nature of his defence, and praying that no further proceedings be taken on such notice and demand, which petition shall in all cases be supported by affidavit; upon the presentation of such petition, the said recorder’s court shall proceed to adjudicate thereupon, and if it be dis- missed, the notice and demand served shall have the same effect as if no such petition had been presented; and if the said petition be maintained, the said recorder’s court shall make such order thereupon as the justice of the case may require. 29-30 Viet., ch. 57, art. 11, parag. 1, no 4. 240. But the said corporation may also sue for the recovery of any ordinary or special assessment, tax, duty, or municipal dues whatever, owing to the said corporation, by action before the recorder’s court, and in accordance with the law regulating the said court. 29-30 Viet., ch. 57, art. 11, parag. 1, no 2. 241. Whenever any assessment, tax, rate or municipal dues whatever shall have been imposed on any movable or immovable property belonging to several co-heirs, or possessed par indu'is by several persons whose names cannot easily be ascertained by the assessors, it shall suffice for the said assessors to inscribe in the assessment book the name of one of the co- heirs or co-possessors; and the co-heir or co-possessor whose name shall be thus inscribed shall be held liable for the full payment of the assessment, tax, rate, or other municipal dues so imposed, reserving his remedy as by law against his co-heirs or co-possessors. 29-30 Viet., ch. 57, art. 11, parag. 2. 242. No person assessed on real property shall pay less than one dollar in each year, even if the amount of his assess- ment shall be less than that sum. 29-30 Viet., ch. 57, art. 11, parag. 3. 243. No execution issued and no judgment obtained against the proprietor, or the tenant or occupant, shall deprive the — 69 — said corporation of the power of prosecuting and executing the judgment obtained for the payment of the said assessments, taxes, rates or other municipal dues, against either the said proprietor, tenant or occupant, if such payment cannot be obtained from that one of them who shall have been already sued in the matter. 29-30 Viet., ch. 57, art. 11, parag. 4. 244. Proprietors or persons in possession as proprietors of immoveable property within the said city shall, after the first day of may, one thousand eight hundred and seventy, be held and bound to pay all the assessments and water rates duly imposed thereafter on the said property. 33 Viet., ch. 46, art. 14, parag. 1. 245. But such proprietor or possessor shall be entitled to recover from the tenant or occupant by suit in the recor- der’s court, all assessments, which by the law hereby amended fell to the share of his tenant, whether such proprietor or possessor has previously to such suit paid the said assess- ments or part of them or not, and this provision shall apply to subsisting leases passed previously to the present act ; provided that the assessment books of the said corporation shall continue to be made as heretofore, and shall contain the names of both proprietors and tenants, although the proprietors or person in possession as proprietor, alone is respon- sible to the said corporation for the assessment on the said property. 33 Viet., ch. 46, art. 14, parag. 2. 246. If a proprietor or possessor of an immoveable pro- perty is domiciled without the limits of the city, the tenant or occupant shall be liable for all the taxes and water rates imposed upon the property, and such tenant or occupant shall have the right to deduct the same from the rent payable to the proprietor. 34 Viet., ch. 35, art. 22. 70 — 247. In the month following the expiration of any fiscal year, the proprietor, whose property has been vacant for the whole year, may obtain a refund, if he has paid, and if he has not, a reduction of the water-rates on such property, proportionate to the time it has been so unoccrfpied. But this refund or reduction shall not include the part of such water-rate corresponding to the three cents in the dollar exacted on all property. The application for the above refund or reduction shall be made by summary petition to the recorder’s court, after one clear day’s notice to the city treasurer. The words ‘Vacant property” in this section mean pro- perty which is not occupied by any one and for which the proprietor has no tenant. But in order to be entitled to such refund, it shall be necessary that the officers of the water-works’ department of the city shall have turned off the water from such pro- perty on application to that effect; the proprietor must pre- viously pay to the city one dollar for the cost of turning off the water each time it has so been turned off. 61 Viet., ch. 52, art. 23. 248. It is further enacted that all the taxes, assessments or licenses thus imposed by the amendments made in this act to the acts of the incorporation of the city, shall be levied and collected only on the kind of business and other occupations mentioned in the second section of the by-law of the twenty- seventh april, 1866, and the owners of the real estate will not be responsible for the said taxes due by their tenants. 37 Viet., ch. 50, art. 14. 249. All assessments, taxes, rates, or other municipal due whatsoever payable to the corporation shall be privileged and payable, as regards those imposed upon immoveables, according to the rank given to taxes and assessments by article 2009 of the civil code, and, as regards the others, by article 1994 of the said code. Such privilege ,which need not be registered, shall extend to two years elapsed, in addition to the current year; and as — 71 — regards immoveables, it shall affect only those upon which or with respect to which such assessments, taxes, rates, or other municipal dues, shall have been imposed; as regards moveables and effects, such privilege shall extend only to the moveables and effects owned by the debtor or being within the limits of the city except when the debtor has transported them out- side of the limits of the city. 51-52 Viet., ch. 78, art. 67. 250. The same moveables and moveable effects, which by law are security for the payment of the rent of an immo- veable or part of an immoveable, shall be subject to the privi- lege of the city for the payment of every personal tax or busi- ness tax due to the city by reason of any business, trade or profession being exercised or carried on, in or upon such im- moveable or part of an immoveable. 53 Viet., ch. 68, art. 34. 251. In case the assessment books for the current year are not made and completed at the period at which the said privilege shall be exercised or claimed, the corporation may demand for the current year, the assessment, taxes or other 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 of 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. 29-30 Viet., ch. 57, art. 11, parag. 16. 252. That in all cases of separation as to property bet- ween husband and wife stipulated by marriage contract or existing by virtue of a judgment of a court of justice, whether such separation took place before or since the passing of the present act, in each and every case it will suffice to enter the name of the husband or that of the wife ‘on the roll of assessments of the city of Quebec for the assessments, rates, taxes and personal taxes, and the water rates to be imposed on the moveable or immoveable property belonging to the — 72 — wife so separated as to property, and all judgments so rendered against the husband alone may be levied against the moveable or immoveable property of the wife, without the latter having a right to stay the execution of the judgment by any opposition based solely on the fact of such separation. 34 Viet., ch. 35, art. 21. 253. If any person, other than the proprietor, occupy a property exempt from assessments or taxes, the corporation may impose upon the said person an amount of assessments and taxes equal to the half of that which the corporation could impose upon the said property, if the same were leviable, and it shall also have the right to collect from the said person water rates to which like immoveable property in the city of Quebec is liable. 34 Viet., ch. 35, art. 24. 254. In the case of an immoveable held by a lessee under emphyteutic lease, the city assessors may enter, in the assess- ment and taxation books, the name of such holder and that of the direct owner of the property of which such immoveable forms part, and both shall, after the expiration of existing leases, in each case, be jointly and severally liable for the pay- ment of the assessments and taxes imposed on such immovea- ble. 53 Viet., ch. 68, art. 33. N. B. — This provision applies to the leases made after the 2nd april 1890. 255. The action of the corporation for the recovery of any assessment, tax or other municipal due whatsoever shall be prescribed by the lapse of five years to be computed from the day on which such assessment, tax or municipal due shall have become due and payable. 29-30 Viet., ch., 57, art., 11, parag., 17, as amended by 31 Viet., ch., 33, art., 16. 256. All the provisions of the present act shall apply in like manner to the recovery of all special assessments or rates imposed by the council of the said city, or by the treasurer — 73 of the said city, and to the rate or tax for water furnished by the water-works of the said city. 29-30 Viet., ch., 57, art., 11, parag, 18. 257. Interest at the rate of six per cent shall be payable on all sums exigible by the corporation and not paid before the first day of noveml)er of each and every year, which interest shall be computed from the said first day of november until payment is fully made. 34 Viet., ch. 35, art. 20. [Note. According to by-law No 242 of the city council, of the 10th april 1874, the water tax is declared to be payable on the first of november, thus rendering useless the amend- ment made by 36 Viet., ch. 55, art. 4 ]. EXEMPTIONS FROM TAXATION. 258. The property of any incorporated institution for edu- cation, or charitable purposes, occupied and used for educa- tional or charitable purposes, and also all other property by such institution leased for the aforesaid purposes, or occupied as school houses by the school commissioners of the said city, shall be exempt from taxation, and such houses or properties so occupied are also exempt from tenants’ tax. 29 Viet., ch. 57, art. 25. 259. All property belonging to or used specially for exhi- bition purposes by agricultural and horticultural societies shall be exempt from municipal and school taxes, subject nevertheless to les travaux initoyens. R. S. P. Q., art. 2733, 5927. 260. The assessors shall not have the powxr to assessor tax churches, chapels, and other edifices used for the purposes of religious worship, and cemeteries. 34 Viet., ch. 35, art. 25. 261. The corporation may, if it deem advantageous, exempt, either in part or altogether,. for a period not exceeding — 74: — ten years, from municipal rates or taxes, individuals or corpo- rate companies, who shall establish manufactories within the city, or shall increase those already in existence, and for the portion so charged, .(should be enlarged). The corporation shall not be obliged to act uniformly, but shall, if deemed proper, decide each case on its own particular merits. The council may, by resolution, exempt the owners of the Chateau Frontenac hotel from municipal taxes, with the excep- tion of the water rates and school taxes, for the period of ten years at the most, or make an agreement with them for an amount to be payable annually for a period not exceeding ten years, as commutation for all municipal taxes, provided the said amount shall not be less than that now levied by the city of Quebec upon the Chateau Frontenac hotel and the immovea- bles which the said owners may demolish for the purpose of enlarging the said hotel and dependencies. 7 Ed. VII, ch. 62, art. 33. See also R. S. P. Q., art. 5922-5926, 5929-5931. 262. Should the Great Northern railway company or any other company build a grain elevator in the city of Quebec, the city may exempt such company from municipal taxes in respect of such elevator, for a period not exceeding ten years; but such exemption shall not apply to the water tax nor to the school tax. 63 Viet., ch. 48, art. 5. 263. The owners of the grain elevator built on the Louise embankment in the city, heretofore belonging to the Canadian Pacific railway company, may be exempted from the imposi- tion and payment of certain municipal taxes on such elevator for a period not exceeding ten years. 1 Ed. VII. ch. 42, art. 6. 264. If the Quebec Auditorium company limited, erects in the city of Quebec, the buildings necessary to carry out the objects of its charter, it shall be lawful for the council of the said city to exempt the said company from the imposition and pay- — 75 — ment of certain municipal taxes, by reason of the property possessed by it and made use of for its enterprise, during a term not exceeding ten years; but such exemption shad not apply to the water rate nor to school taxes. 2 Ed. VII, ch. 48, art. 10. 265. The city of Quebec may agree with the Quebec skating Rink for the annual payment of an amount to be mutually agreed upon in lieu of all taxes and water rates. 60 Viet., ch. 59, art. 7. 266. City, town and village corporations, constituted under special or general acts, may, by by-laws passed for that purpose, aid, in conformity with the laws governing them, the establishment and maintenance of free public libraries in their municipalities, or in adjoining municipalities and also grant, by such by-laws, similar aid to library associations and me- chanics’ institutes, upon the conditions imposed by the cor- poration or the free use by the public of their libraries. R. S. P. Q., art. 5933. 267. The city of Quebec is empowered to enter into an agreement with the Institut Canadien of Quebec, containing such conditions as may be agreed upon between the parties, to enable the said Institute to place its library and dependencies in the city hall and to exercise therein all the powers conferred by its charter, and to give the public free and gratuitous access to the said library and to the reading rooms of the said Insti- tute, the Institute being obliged to make over to the city the lot of land designated as No 2811 on the official cadastre for St-Louis ward of the city of Quebec. 60 Viet., ch. 59, art. 6. [N. B. It is under the authority of this law that, before the notary Joseph Allaire, a deed was passed, on the 17 april 1897, by which the Institut Canadien has ceded to the city the lot of land above mentioned, and in virtue of which deed the Institute has now its library and establishment in the city hall]. — 76 FINANCES OF THE CITY. 268. The fiscal year shall commence on the first day of may and shall end on the thirtieth day of april in each calendar year, both days inclusive, and the assessments, rates, taxes and duties imposed and levied each year shall be held and consi- dered as being for that period. 29 Viet., ch. 57, art. 37, parag. 1. 269. On or before the first day of april, in each year, the various committees of the council shall make reports to the finance committee stating the various requirements of the civic service for the following year and the sums required to meet the same. 51-52 Viet., ch. 78, art. 56. 270. After having examined these various reports and suggestions of the said committees as well as the resources of the corporation, the finance committee shall prepare the estimates for the ensuing fiscal year and shall report thereon to the council, suggesting the ways and means of defraying such expenses. 51-52 Viet., ch. 78, art. 57. 271 .It shall be the duty of the council of the said city to make every year, on or before the first day of may, an appro- priation of the amounts necessary to meet the expenses of the year then next by providing — a. For the payment of the interest, and sums required for the sinking fund on all the debt due by the said city; h. For the general and ordinary expenses of the city; c. For the sums required for contemplated improvements for which no special assessment is required; d. For a reserve of not less than five per centum to meet unforseen expenditure. 29 Viet., ch. 57, art. 37, parag. 3. — 77 272 . If the amounts which should be voted in obedience to the act 29 Victoria, chapter 57, section 37, subsection 3, and the act 51-52 Victoria, chapter 78, section 58, could not be voted on or before the first of may, they may Ije voted after that date, and the by-law necessary for that purpose may also be passed after that day. 55-56 Viet., ch. 50, art. 3. 273 . The total amount of tl^e taxes for any civic or fiscal year shall not exceed two per cent of tlie assessed value of the property. 57 Viet., ch. 58, art. 9. 274 . The mayor and members of council who shall have sanctioned the expending of any sum of money beyond the amounts appropriated and the amount at their disposal in conformity with the last mentioned subsections of this section, and the officer who shall pay the same shall l.)e guilty of mis- demeanor. 29 Viet., ch. 57, art. 37, parag. 12. 275 . Every member of the council who shall vote an appropriation otherwise than as above set forth shall be liable to a penalty of five hundred dollars, recoverable before the recorder’s court in the name of any elector of the city, and the amount thereof shall belong to the corporation, without prejudice to the personal responsibility hereinafter mentioned. 51-52 Viet., ch. 78, art. 59. 276 . The city treasurer shall not pay any sum of money to any one whomsoever without having a certificate from the cit}^ auditor to the effect that there is an appropriation covering the amount so payable or that such sum is exigible directly under the law or under a judgment of a court of justice. 51-52 Viet., ch. 78, art. 60. 277 . No debt contracted by the council or by its officers and not covered by a duly voted appropriation, shall be reco- verable from the corporation. — 78 It can be recovered only from the officer or members of the council who incurred it or authorized its being contracted. If the treasurer pays such debt out of the funds of the corporation he shall be personally liable for such amount towards the corporation. 51-52 Viet., ch. 78, art. 61. 278. Every municipal elector of the city may institute a suit against the city treasurer, before any court of justice having jurisdiction for the amount claimed, for the recovery of any sum of money illegally paid by the treasurer as afore- said. If the court condemns the treasurer as aforesaid, the latter shall pay the amount or capital thereof to the corpora- tion and the costs of suit to the person prosecuting. 51-52 Viet., ch. 78, art. 62. 279. The accounts of the corporation and of the water- works shall be strictly under the control of the treasurer. 51-52 Viet., ch. 78, art. 63. 280. But the city treasurer may receive water works debentures of which the payment is due, or coupons for interest due on the debentures, in payment of amounts due to the city as aforesaid, and the holder of these debentures in making such payment, shall inscribe his name upon the said debentures, and indicate the day, month and year in which such payment took place, and credit shall be given to the said treasurer in his account with the corporation, for the interest so paid by him upon the said debentures, up to the day so indicated. 29 Viet., ch. 57, art. 37, parag. 24. 281. The standing or select committees of the corporation, shall not hereafter order or cause work to be done, nor expend money, nor take any initiative involving the expenditure of money. 29-30 Viet., ch. 57, art. 42, parag. 33. — 79 — 282. The duties of the committees shall simply consist in ascertaining and making known to the council the require- ments of the civic service. 29-30 Viet., ch. 57, art. 42, parag. 34. 283. The finance committee shall have the management of the finances and the accounts, and no sums of money except in cases with respect to which other provision is made by law, shall be paid without the signatures of the mayor, the chair- man and another member of the committee. 29-30 Viet., ch. 57, art. 42, parag. 35. 284. No debenture or cheque shall be pa 3 ^able or valid until it has received the signature of the mayor and the trea- surer. 29-30 Viet., ch. 57, art. 42, parag. 38. 285. The treasurer shall deposit the money of the corpo- ration in one or more of the chartered banks of the said cit 3 ^ 29-30 Viet., ch. 57, art. 42, parag. 39. 286. It shall be the duty of the mayor to sue in the name of the corporation, for the recovery of all sums of money belonging to the corporation unlawfully expended by any officer thereof, and which the corporation shall have been obliged to pay by reason of any contract, promise or engage- ment, or written or verbal order, and the recovery of an}^ such sum of money shall be used for against the officer or employee who shall have so unlawfully expended it or caused it to be expended. 29-30 Viet., ch. 57, art. 42, parag. 40. 287. On the occasion of agricultural or industrial exhibi- tions within or without the city, of public rejoicings, of demons- trations of a public and popular character, of receptions of foreign public bodies and of distinguished personages, and under other similar circumstances, or whenever the city council deems it advisable to pay any sum for remuneration or com- — 80 — pensation, or to encourage or aid public bodies, or to grant relief in cases of fire or other great calamity, it is lawful for the said council, on a recommendation to that effect from the finance committee, to vote or authorize the expenditure of an amount not exceeding ten thousand dollars in any one year, such sum to be taken from the general funds of the city. 3 Ed. VII, ch. 61, art. 15. 288. The city may, on resolution of the council, guarantee the debentures issued by the school corporations situated within its limits and accept as a guarantee of the responsability thus contracted a transfer of the taxes to be levied by the said corporations to the amount required in principal and interest. 1 George V, ch. 47, art. 7. [By the law 9 Ed. VII, ch. 80, art. 9, the city is authorized to contribute, every year, for a sum not exceeding $10,000.00, to the maintenance of the technical school of Quebec]. LOANS. 289. The council of the city of Quebec may adopt such measures as it may deem expedient for the purpose of call- ing in the current bonds of the city of Quebec, either by redeem- ing them for cash, or by exchanging them for new bonds. 55-56 Viet., ch. 50, art. 15, parag. 1. 290. The council is authorized to obtain, by means of a loan, a sum not exceeding the amount required for redeem- ing the whole of the present or future debt of the city, and, for that purpose, to issue a sufficient amount of new bonds bearing an annual interest not exceeding four per cent, and to dispose of the same, on such conditions as it may deem most favorable. 55-56 Viet., ch. 50, art. 15, parag. 2. 291. It may determine the denomination of such bonds, the currency (pounds sterling, dollars or francs) in which — 81 -- they shall be made payable, and the period and method of their redemption. 55-56 Viet., ch. 50, art. 15, parag. 3. 292 . It may also enact that such bonds shall be issued for a period not exceeding sixty-five years, at the periods fixed by the council; or that they shall be payable by a certain number of yearly payments not exceeding sixty-five, or of half-yearly payments, not exceeding one hundred and thirty. 55-56 Viet., ch. 50, art. 15, parag. 4. 293 . It may stipulate and order that such new bonds shall or shall not have a sinking fund. 55-56 Viet., ch. 50, art. 15, parag. 5. 294 . The said bonds or the proceeds thereof shall be exclusively devoted to the redemption or conversion of bonds then due by the city, as well as to the necessary expenses incurred in effecting such conversion. 55-56 Viet., ch. 50, art. 15, parag. 6. 295 . The council is empowered to effect the conversion of the present debt of the city, by exchanging new debentures for the old ones, to effect such exchange at the rate of pre- mium which may be agreed upon with the holders thereof, and, if necessary, to grant a discount upon the new bonds equal to their cash value. 55-56 Viet., ch. 50, art. 15, parag. 7. 298 . The bonds, issued under this act, shall bear the seal of the city, and be signed by the mayor and countersigned by the clerk and the treasurer of the city of Quebec. They shall be registered in a book kept for the purpose by the accountant of the city, who shall initial each of them, to establish the registration. To each of such bonds, interest coupons shall be attached, with the city treasurer's signature thereon, which coupons shall be payable to the holders of such bonds when the instal- ment of interest represented by them become due. 6 — 82 No payment of any such coupons can be required of the corporation, unless the same be delivered to it; and the posses- sion of such coupons by it shall be primd facie evidence that it has paid the same. 55-56 Viet., ch. 50, art. 15, parag. 8. 297. Instead of bonds, the council may, in its discretion, issue consolidated registered stock, and may adopt measures for issuing the same and provide for the payment and mainte- nance thereof for a term not exceeding sixty-five years; and the powers conferred upon the said council by section 15 of the act 55-56 Victoria, chapter 50, to negotiate bonds of the city, shall apply equally to the said consolidated registered stock. 59 Viet., ch. 47, art. 29. 298. Notwithstanding any provison of any previous law to the contrary, when, in future, the city shall issue bonds or debentures to which interest coupons shall be attached, the signature of the city treasurer on such coupons may be stamped, lithographed or printed thereon. This provision shall also apply to the debentures, the issue whereof may have been previously authorized. 57 Viet., ch. 58, art. 10. 299. The city of Quebec is hereby authorized to borrow an amount of four hundred thousand dollars, two hundred thousand dollars of which being for the payment of the cost of the permanent works to be done in Limoilou ward, com- prising the former municipality of the town of Limoilou, now annexed to the city of Quebec; seventy-two thousand dollars for paving St-Andrew^s street; twenty thousand dollars for the acquisition of certain lands or servitudes of lands along the river St-Charles, above the dam of the city waterworks, in the parish of St-Ambroise, and to reimburse itself for the sum already paid for such object; fifteen thousand dollars to re- imburse itself for the cost of the permanent works and retain- ing walls on Cote d’ Abraham street, and for the compensa- tion and damages paid in connection with such works, and ninety-three thousand dollars for other permanent improve- ments and works in the city. 1 George V, ch. 47, art. 1. 300. The sum of two hundred thousand dollars which the city is authorized to spend for permanent works in the new Limoilou ward, may be spent according to the terms and con- ditions presented in a report of the finance committee of the city, dated the 21st day of april, 1910, and passed by the muni- cipal council of the said city on the 29th day of april, 1910. 1 George V, ch. 47, art. 2. 301. For the effecting of such loan, the city is authorized to issue bonds as it may deem necessary for the objects above set forth; the said bonds shall be for such amount as the city may deem advisable, and shall be payable within a period not exceeding fifty years from their date, whth interest at a rate not exceeding four per cent per annum. 1 George V, ch. 47, art. 3. 302. The city shall provide for the payment of such bonds, either by paying on the principal of such bonds, every six months or every year, at its option, an amount sufficient to pay off the principal of each such bond at maturity, or by establishing a sinking fund in such manner as it may deem ad- visable. Such sinking fund shall not be used for any other purpose than the payment of the said bonds. 1 George V, ch. 47, art. 4. 303. The city is authorized to borrow an amount not exceeding five hundred thousand dollars in exercise of the powers granted under the authority of the act 7 Edward VII, chapter 62, sections 35 and 36. (See art. 358 and 359 here- after. Article 36 has been replaced by 8 Ed. VII, ch. 83, — 84 — art. 4). The said loan to be made in accordance with section 3 (art. 301 heretofore) of this act. 1 George V, ch. 47, art. 5. BY-LAWS OF THE CITY. POWERS OF THE COUNCIL RESPECTING THEIR PASSING. 304 . In all cases where the city council is authorized to do or to decide upon anything, it may do or decide upon the same by resolution, unless the law expressly requires the pass- ing of a by-law in such case. 63 Viet., ch. 48, art. 8. 305 . There shall be two-thirds of the whole council present at the meeting for the passing of a by-law. 31 Viet., ch. 33, art. 3. 306 . The city council may, at any meeting or meetings thereof at which not less than two-thirds of the members thereof are present, make one or more by-laws for the following pur- poses, that is to say. 29 Viet., ch. 57, art. 29, parag. 1, no 1. 307 . For the good order, peace, security, comfort, improve- ment, cleanliness, internal economy and local government of the said city; for the prevention and suppression of all nuisan- ces, and of all acts, matters and things in the said city, opposed, contrary or prejudicial to the order, peace, comfort, morals, health, amelioration, cleanliness, internal economy or local government of the said city. 29 Viet., ch. 57, art. 29, parag. 1, no 2. [N. B. Every municipal council may render obligatory the vaccination and revaccination, in the limits of its locality, and make by-laws for that purpose]. R. S. P. Q., art. 3958-3966. — 85 — 308 . For imposing an additional tax of five cents in the pound on the annual value or rent of real property, upon the proprietors and tenants of those parts of the city, in which at least two thirds of such proprietors and tenants shall ask for the imposition of such tax to defray the expense of water- ing, sweeping or taking away the snow from such place or street. 29 Viet., ch. 57, art. 29, parag. 2. 309 . The council of the city may make by-laws to declare that the city shall undertake to remove snow or ice from its streets or from some of the said streets or from certain portions of the said streets as well as from the sidewalks of such streets or pajrts of streets; to compel the persons obliged to remove such snow or ice to repay to the city the actual cost of the removal of such snow or ice by the city, after de- ducting what has to be paid by the Quebec District Railway Company or any other electric tramway company on such streets as are traversed by such railway or electric tramway, and to regulate the m'anner of recovering and collecting the expense incurred by the city for that object. 61 Viet., ch. 52, art. 19. DAMAGES BY MOBS. 310 . For imposing a special tax upon proprietors of real property in the said city, in order to pay the damages which any mob, or tumultuous assemblages of persons disturbing the peace of the city, shall have caused to any private property; and if such by-law shall not be passed within six months following the day on which such damages or injury shall have been so occasioned, the person so injured shall have a right of action against the said corporation. 29 Viet., ch. 57, art. 29, parag. 3. — 86 — MARKETS. 311. For changing the sites of markets and market-places, and to establish others, and to abolish the said markets and market-places, as well as the market halls thereon erected, 50 Viet., ch. 57, art. 4. 312. For regulating the powers of the clerks of the markets, and every thing relating to the markets. 29 Viet., ch. 57, art. 29, parag. 5. 313. For preventing the purchase and sale, by any person whomsoever, of any produce or provisions, meat, fowls or other article whatsoever, intended for the public markets of the said city, in or upon any street or public place, or any yard, house or building, or any other place whatsoever in the said city, in which farmers or other persons coming to the said markets, deposit or store their produce, provisions, meats, fowls or other articles or effects whatsoever, before bringing them to the said markets; or on the wharves or on the steam- boats or other craft whatsoever, lying beside the wharves of the said city, and in which the produce, provisions, meat or other articles or effects whatsoever are brought in order to be sold on the markets of the said city. 29 Viet., ch. 57, art. 29, parag. 6. PUBLIC HEALTH. 314. To regulate disinterments which shall be effected under the directions and control of the person or persons appointed with the concurrence of the council, by the police committee of the corporation. 29 Viet., ch. 57, art. 29, parag. 10. 315. To prevent the establishment of new burial grounds within the city limits; preventing burials in the said city, and closing cemeteries therein, on payment of a reasonnable indem- !nity to the parties interested. 29 Viet., ch. 57, art. 29, parag. 11. — 87 — 316. To define and regulate the duties, powers and attri- butions of the health officers, in all matters pertaining to cleanliness, in the said city, and the health of its inhabitants. 38 Viet., ch. 74, art. 8, parag. 1. 317. To compel the superintendent of any cemetery in the city, or in any of the adjoining municipalities, to make and deliver to the corporation of the said city, regular returns of all persons buried in such cemetery, and to regulate the manner and form in which such returns may be made, to enact that in all cases of death occurring in the said city, the attending physician, or (in case no physician shall have attended the deceased,) a member or friend of the family of the deceased, shall within such time, and under such penalty, as the said council may determine, furnish to such superintendent, a certificate signed by such physician, member or friend, stating the age, birth-place, date, place of death, and the nature of the disease by which deceased came to death; and also, to pro- vide such other means of obtaining correct and reliable state- ments or information in reference to the mortality and its causes in the said city, as the said council may deem necessary. 38 Viet., ch. 74, art. 8, parag. 2. WEIGHTS AND MEASURES. 318. For regulating the weighing or measuring of firewood, coal, salt, grain and lime. 29 Viet., ch. 57, art. 29, parag. 12. 319. To regulate the weight and quality of bread, with the right of declaring forfeited, and forfeiting, all bread of light weight or of bad quality. 29 Viet., ch. 57, art. 29, parag. 13. ACCIDENTS BY FIRE. 320. The council may make by-laws for preventing accidents by fire. 29 Viet., ch. 57, art. 29, parag. 14. — 88 — 321. For governing and controlling all persons present at fires; and establishing fire companies for the protection of property. 29 Viet., ch. 57, art. 29, parag. 15. 322. To cause to be demolished and removed all buildings and fences which shall be deemed necessary to be demolished, or taken down, in order to arrest the progress of any fire. 29 Viet., ch. 57, art. 29, parag. 18. 323. To prevent thefts and depredations at fires. 29 Viet., ch. 57, art. 29, parag. 19. 324. To punish any person who shall maltreat any member or officers, or employe of the said council, in the execution of his duty, or who shall resist, interfere with, or prevent him from executing the same. 29 Viet., ch. 57, art. 29, parag. 20. 325. To pay any sums necessary to indemnify or to assist by an annual allowance, not in any case to exceed fifty dollars, any person who shall have been heretofore or shall be here- after 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. 29-30 Viet., ch. 57, art. 15. 326. The said council may also prescribe or regulate the manner in which houses or buildings shall be erected, in order to prevent accidents by fire, and may regulate the construction, dimensions and height of chimmeys, and specially in the cases of houses or buildings erected above other houses or buildings 89 — which they may adjoin, by whom, at whose expense, in what manner, to what height, and within what time, the chimneys of the less elevated houses and buildings shall be raised so as not to endanger the adjoining or neighboring houses. 29 Viet., ch. 57, art. 29, parag. 23. 327 . And may punish 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- cuted as such. 29-30 Viet., ch. 57, art. 16. 328 . For ordering that no building can be commenced within the city before the plans of such buildings have been submitted to the city inspector and approved by him, in so far only as the public heajth and safety are concerned. 53 Viet., ch. 68, art. 25, parag. 4. 329 . To regulate the height, construction and materials of all buildings, chimneys, stacks and other structures; to prevent the construction of such as are not of the required stability, and provide for their summary abatement or destruc- tion; to prescribe the depth of cellars and basements, the mate- rial and methods of construction of foundation and foundation walls, the manner of construction and location of drains and sewer pipes, the thickness, materials and construction of party walls, partition and outside walls, size and materials of floor beams, girders, piers, columns, roofs, chimney flues and heating apparatus; to regulate the architecture, dimensions and sym- metry of buildings in certain streets; to compel the proprietors to submit the plans thereof to, and previously obtain a certi- ficate in writing from the building inspector or any other officer; to prohibit the construction of buildings and structures not conforming to such by-laws, and to direct the suspension at any time of the erection of any such building as does not con- — 90 — form to such regulations, and to cause the demolition of any building not conforming to such by laws, if necessary. R. S. P. Q., art. 5638, parag. 1. 330. To compel persons, owning or using steam engines, steam boilers, factories, or other workshops or establishments, to provide the same with the necessary apparatus to consume the smoke and gas escaping therefrom, so as to effectually remove and abate any nuisance arising from the working of such establishment, and to impose a fine of one hundred dollars for the violation of any by-law made under the provi- sions of this paragraph, and to enact that, in default of imme- diate payment of the said fine and cost by the offender, he shall be condemned to an imprisonment not exceeding two months, unless the fine and costs shall have been paid before the expi- ration of such period, and a further fine of fifty dollars per day, for each and every day the offender shall continue in the violation of such by-law. R. S. P. Q., art. 5638, parag. 5. N. B. The law 7 Ed. VII, ch. 62, art. 39, has made appli- cable to the city of Quebec the parag. I and 5 of art. 383 of the law 3 Ed. VII, ch. 38, which are now the two preceding articles. 331. For compelling owners of buildings occupied as hotels, theatres, factories, schools, places of public entertainment, and of all other buildings which the city council shall designate, to provide the same with proper apparatus for saving life; for having the same examined, from time to time, by the city inspector, and to prohibit the use of such buildings as long as they are not so provided, and have not been inspected. 53 Viet., ch. 68, art. 25, parag. 5; 61 Viet., ch. 52, art. 29. 332. To regulate or prevent, within the limits of the c ity, the storage of petroleum, coal-oil, and explosive or inflammable substances of the like nature. 29 Viet., ch. 57, art. 29, parag. 24. — 91 — 333. To compel the citizens to have their chimneys swept by licensed chimney-sweepers, in certain ways and at certain times. 29 Viet., ch. 57, art. 29, parag. 25. 334. To impose a tax upon chimneys, to provide funds for the chimney and fire departments. 29 Viet., ch. 57, art. 29, parag. 26. 335. To prohibit the sale of fire crackers, fusees, Roman candles, serpents, and all other fire-works, of what kind or sort soever; and also, any projectile or missile made of powder. 29 Viet., ch. 57, art. 29, parag. 27. 336. The council may grant licenses to chimney sweeps, and fix the tariff of fees therefor; as soon as the council shall grant licenses for this purpose, no person shall sweep chimneys without a license; and any person who shall in such case Sweep chimneys without a license, or exact a higher rate than that fixed by the said tariff, shall be liable to a fine of five dollars. 29 Viet., ch. 57, art. 29, parag. 28. 337. The occupant of any house of which the chimney shall take fire shall be liable to a fine not exceeding five dollars, unless it be proved that such occupant complied with the regulations respecting the sweeping of chimneys. 29 Viet., ch. 57, art. 29, parag. 29. 338. The city council, as soon as suitable subways are constructed, may, by by-law: Order that, after the period specified therein, which shall not be less than three years, electric, telegraph, telephone, electric light companies, or all similar companies, shall remove from the streets or public squares in the city the posts on — 92 — which the electric wires of such companies are suspended, and that such electric wires be put under ground and not otherwise. In every by-law on this subject, the council may order that in default of such companies cutting down and removing the posts and wires within the delay specified in the by-law, the city shall have the right to have the same cut down and removed at the expense of the company in default. Companies shall have the right to construct their own subways with the consent of the corporation and under the superintendence of the city surveyor. 53 Viet., ch. 68, art. 24, 61 Viet., ch. 52, art. 29. 339. The council may further pass by-laws : 1. For regulating the intensity or strength of electric currents to be carried along the wires, and to impose penalties for every infringement of the by-law to that effect. 53 Viet., ch. 68, art. 25, parag. 1st. 340. Whenever a company authorized bylaw so to do, wishes to put up or erect in the streets or public squares or on grounds belonging to the city or of which the city has the enjoy- ment or possession, any poles for sustaining or supporting electric wires or cables or for any other purposes, such company shall, to do so, be previously authorized by resolution of the city council, and, in addition, shall cause the city surveyor to indicate to it in what streets and at what particular spot in any street or public square or other grounds as aforesaid the said poles may be put up or erected ; and every pole, so put up or erected without such indication or elsewhere than at the spot indicated may be considered by the municipal authority as a public nuisance. Nothing in this section contained shall affect acquired rights. 62 Viet., ch. 57, art. 19. 341. The city is authorized to adopt, by by-law, such — 93 - means as it may deem expedient to compel incorporated companies which erect poles within the city limits or which are proprietors or in possession of poles erected in the said city, or which have the use or make use of poles erected in the said city, to paint the same and to put certain marks thereon to indicate by what company they are used, and to suppress the poles not in accordance with the conditions required by such by-law. 3 Ed. VII, ch. 61, art. 8. 342 . The city is authorized to pass a by-law to fix and also to prevent the too prolonged stoppage of locomotives or cars, in front of stores or sheds or in other parts of the streets, and to impose a punishment in the manner provided by law for every infringement of such by-law. 62 Viet., ch. 57, art. 22. 343 . Every person or company having the right to make in streets or public places of the city, or on land belonging to the city or whereof it has the enjoyment or possession, excavations or trenches or underground conduits for the purpose of laying and maintaining pipes or ducts for conduc- ting and distributing gas, electricity or any fluid whatsoever, for the purpose of lighting, heating or other objects, shall not exercise said rights except under the control of the city and under the supervision of the city engineer or of such other officer as the council may name. 7 Ed. VII, ch. 62, art. 46. 344 . The city shall have the power to grant to the pro- prietors of the Chateau Frontenac hotel, permission to build one or two viaducts or other constructions above Des Car- rieres street, and one or more tunnels or passages, under- neath the said street, for the purpose of communication bet- ween their properties built on both sides of the street. 7 Ed. VII, ch. 62, art. 42. — 94 — 345 . The city council shall first determine by resolution all the conditions on which it proposes to grant such permis- sion, and when the said city and the proprietors of the said hotel shall agree upon all the said conditions, a by-law shall be passed by the said city council to order all the said con- ditions of the said permission; the said by-law shall enter into force only after a notarial deed, based on the said by-law and conformable thereto, has been passed between the par- ties. 7 Ed. VII, ch. 62, art. 43. 346. The city may, by by-law of the council, close that part of Des Carrieres street extending between St-Louis and Mont Carmel streets, and transfer to the Chateau Fron- tenac Company, on such conditions as it may deem proper, and as shall be set forth in a notarial contract between the parties, the land therein contained, in exchange for a strip of land for the opening of another street further west between St-Louis and Mont Carmel streets, which streets may be less than sixty feet wide. In the event of the said street being opened, the city shall have the power to grant to the Chateau Frontenac Company permission to build wings or other constructions of the proposed addition to its hotel over the said new street. 8 Ed. VII, ch. 84, art. 1. DIVISION OF LANDS INTO BUILDING LOTS. 347. For regulating and determining the depth of lots or properties to be divided into building lots in the city, provided the depth required be not more than one hundred feet. 53 Viet., ch. 68, art. 25, parag. 2. 348. For ordering that any plan of the division of a pro- perty into building lots and opening streets on such property shall, before the same can be completed, and before the lots can be put up for sale, be approved by the city engineer to whom — 95 — the plan shall be submitted and shall have the right to make the changes therein which he may deem necessary in the interest of the city to make it conformable to the preceding provision. 53 Viet., ch. 68, art. 25, parag. 3; 61 Viet., ch. 52, art. 29. ROADS, STREETS, VACANT LOTS, WHARVES. 349 - The council may also make by-laws respecting the cleanliness, security, tranquillity, good order and management of any street, square, promenade or public garden or wharf in the said city, and the accommodation and security of persons passing, or of other persons in or upon such street, square, promenade or public garden or wharf. 29 Viet., ch. 57, art. 29, parag. 30 350 . For obliging and compelling proprietors and occu- pants of real property, to enclose the same, and to keep the same clean and free from filth and dirt, and to make the neces- sary drains, sewers and privies on such property. 29 Viet., ch. 57, art. 29, parag. 31. 351 . And for fixing the lieight of the said fence and the materials of which it shall l)e constructed, to compel the pro- prietor or his agent to level the soil thereof, within a delay to be fixed. by such by-law; if within the said delay the said persons or any of them neglect to conform to the provisions of the said by-law, or if such property is vacant and its proprie- tor is unknown or absent from the district of Quebec, the said council may order the officer charged to see to the execu- tion of the said by-law to cause the said land to be fenced, cleansed or drained at the costs of the proprietor, and the said costs shall be a privileged claim and may be recovered from the said proprietor, agent, tenant, or occupant, by action of debt before the recorder’s court, saving the recourse of such agent, tenant or occupant against the proprietor. 29 Viet., ch. 57, art. 29, parag. 32. 352. For requiring the removal by any proprietor, tenant or occupant of any house, building, or real property what- — 96 — soever or of any portion thereof in the said city, of all snow, ice, manure, mud, soot, filth, or any matter or thing what- soever injurious to health or emitting a bad smell, or contrary to cleanliness, in or upon any street, lane or public place ad- joining such house, building or property on any side what- soever. 61 Viet., ch. 52, art. 27, 1st alinea. 353. By such by-law it shall be lawful for the council to order that the depth of snow or ice to be left in the streets or on the sidewalks may be less in some streets than in other streets or public squares. 61 Viet., ch. 52, art. 27, 2nd alinea. 354. But such proprietor, occupant or tenant shall be required to make such removal from one half only of such street or lane, or from a width of twenty feet on a public place, boulevard, or square, or at the intersection of streets adjoining such house, building or property, in accordance with the by- laws made or to be made in that behalf by the council of the city. 3 Ed. VII, ch. 61, art. 11. 355. Whenever the snow on any street alongside of an unoccupied house or building, or vacant lot belonging to a person not residing in the city, shall not be removed at the time fixed for so doing by the by-laws, the city surveyor, or any foreman employed by the city for the inspection of roads, may have such snow removed at the expense of the city, and the sum so expended may afterwards be recovered from the persons in default to remove such snow by action before the recorder’s court of the city. 57 Viet., ch. 58, art. 27. 356. All snow removed from any place whatsoever in the city must be deposited at the places indicated by a notice published by the engineer in the official newspapers of the corporation, or be carted outside the city limits under penalty of a fine not exceeding twenty dollars. 7 Ed. VII, ch. 62, art. 41, — 97 — 357. For lighting the city or any part thereof. 29 Viet., ch. 57, art. 29, parag. 34. 358. The city is authorized to provide for the establish- ment, under its control, of any system of lighting whatsoever, for the said city, both for the streets, public buildings and for private property and, for that purpose, to pass such by-laws as may be necessary or expedient, without prejudice to vested, rights. 7 Ed. VII, ch. 02, art. 35. 359. For the fulfilment of the objects mentioned in the foregoing article, the said city has the right to accpiire, lease or hold, both within and without the limits of the city, all properties, water-powers, workshops, conduits and works whatsoever, and to exercise, for such purposes, within the city all the rights of expropriation it now possesses for impro- vements and public works in the city. 8 Ed. VII, ch. 83, art. 4. 360. The powers mentioned in the two next preceding articles, shall be exercised by a by-law, which must be approved by the majority in number and in value of the electors being proprietors, who shall vote upon said by-law. 7 Ed. VII, ch. (52, art. 37. 361. For altering the level of the footpaths or sidewalks; and persons injured by such alteration to have legal remedy against the corporation. 29 Viet., ch. 57, art. 29, parag. 35. 362. And by such by-law the said council may order and direct that any matter or thing, projection or obstruction mentioned in subsection thirty-three and the last preceding subsection added thereto, shall be removed at the expense of the proprietor, tenant or occupant, by the officer or person who shall be appointed to see to the execution of such by- law. And the costs of such removal shall be recovered from such proprietor, occupant or lessee, by an action for debt, before the recorder’s court, in the name of the said corpo- 7 98 — ration, and recovered in pursuance of the law regulating the said court. 29-30 Viet., ch. 57, art. 18, parag. b. 363 . For directing and requiring the removal by any proprietor, occupant or tenant of any house or building, or of any part thereof, of the snow and ice from the roof of such house or building, when such roof slopes or inclines towards a street, lane or public square, and when such snow or ice may be dangerous to public safety. 29-30 Viet., ch. 57, art. 18, parag. c. 364 . To pull down, demolish and remove, at the expense of the proprietor, or occupant thereof, any buildings, walls, fences, or other buildings and erections encroaching on streets or public places, and any old, dilapidated or ruined walls, chimneys or buildings; which said expense shall be sued for and recovered in the manner set forth in the thirty-third para- graph of the present section. .29 Viet., ch. 57, art. 29, parag. 36. ' 365 . The said corporation shall regulate all that relates to roads, })ridges, canals, sewers, water-courses, drains, beaches, and public places within the limits of the said city. 29 Viet., ch. 57, art. 29, parag. 37. 366 . Proprietors or occupants of houses or buildings or other real property, in or under which any drain, canal or watercourse may pass, shall be bound to keep the same in good order, under tiie penalty of twenty dollars at most, and not less than four dollars. If after eight days’ notice given to them by the city engineer in writing, or by such notice l^eing left at their domicile or place of business, and given to any reasonable person of their family, or in their employ, they shall not do that which they are hereby bound to do, such engineer may cause the same to be done at their cost and charges, and which may be recovered from them by the corporation, by an action for debt before the recorder’s court of the said city, together with the costs of such action. 29 Viet., ch. 57, art. 29, parag. 38; 61 Viet., ch. 52, art. 29. — 99 367 . The council of the city may make by-laws to compel the proprietor or possessor or lessee in the city of bicycles, tricycles, velocipedes and other vehicles or machines of the kind used in the city, to pay to the city an annual special tax not exceeding two dollars for each such bicycle, tricycle, velocipede or other vehicle or machine as aforesaid. 61 Viet., ch. 52, art. 17. 368 . The said council may also make by-laws to compel any incorporated company to pay to the city an annual special tax not exceeding twenty-five cents for each pole which it uses or whereof it has the use or control in the streets or public places of the city for telegraph, telephone or electric light lines, or for the transmission of electric motive power, or destined for its use. 3 Ed. VII, ch. 61, art. 9. LICENSES, DUTIES, ETC. 369 . The council may also make by-laws for imposing duties or taxes on vehicles wherein are exposed or offered for sale, or sold in the said city, jirovisions, meat, or goods; or upon all persons selling, offering or exposing for sale, the said provisions, meat, goods or other effects, in the said city, in baskets, boxes or in any other manner. 50 Viet., ch. 57, art. 6, parag. 1. 370 . The council may also make by-laws, allowing huck- sters, butchers or other retailers of meat, such as beef, veal, mutton, fresh pork or any other, to sell the same in any store or shop situated in the city, and to impose dues or taxes on and for each of said stores or shops, and to issue licenses to allow the sale of meats, provisions, or produce, in each of said stores and shops, to an amount not exceeding two hundred dollars; the corporation having the power to make the amount of said dues, taxes and licenses greater in certain places in the said city than in others. 7 Ed. VII, ch. 62, art. 38. — 100 — 371. To compel all butchers or meat-sellers, selling in the halls or stalls leased by the corporation, bakers, hucksters, peddlers, carters and porters, residing or exercising their trade or business in the said city, and all bateaux-men, canoemen, and boatmen, carrying on their trade or occupation, for gain or hire, in the said city, to take a number and a license from the city clerk, for which number and license they shall not be required to pay more than twenty-five dollars ,if the person obhged to take such license resides within the city limits, and not exceeding thirty dollars if such person does not reside in the said city, but carries on his occupation therein. 50 Viet., ch. 57, art. 5. 372. Nevertheless, the council may, by by-law to that effect, exact for a peddler’s license a sum not exceeding five hundred dollars, and exact from peddlers not residing in the city a sum different from that exacted from peddlers residing therein. 62 Viet., ch. 57, art. 23, 1st parag. 373. The council may also, by by-laws, compel peddlers to procure from the city clerk a number or medal which they must wear so as to be visible. 62 Viet., ch. 57, art. 23, 2nd parag. 374. The said council may, by a by-law, fix and determine the dimensions of such numbers and the mode and manner of placing them on each vehicle, horse, boat, bateau or canoe used by any of the said persons in the exercise of their said trade or calling respectively. For each number so given by the said corporation there shall be paid a just and reasona- ble compensation to be fixed by the said by-law. 33 Viet., ch. 46, art. 26, parag. 2. — 101 375. Whosoever shall infringe any of the provisions of the by-law made in conformity with the present section shall incur for each offense a fine not exceeding twenty dollars, which shall be recovered according to law before the recorder’s court. 33 Viet., ch. 46, art. 26, parag. 3. 376. Whosoever shall habitually put, place, or cause to be put or placed a boat, canoe or bateau, at or near any landing- slip, strand or wharf whatever within the limits of the city of Quebec, or transport in such canoe, bateau or boat any person, effects or merchandize whatsoever, shall be considered as exercising the trade or calling of a canoeman, bateauman or boatman, for hire and profit as above stated, whether for himself or for any other person, and shall be liable to all the fines and penalties imposed by law or by the by-laws of the said city against persons exercising the trade or calling of boatman, bateauman or canoeman; and in all suits or com- plaints brought in virtue of the present provision, the defen- dant shall be held to allege and ])rove that he does not exercise the trade or calling of a bateauman, canoeman or boatman. 33 Viet., ch. 46, art. 26, parag. 4. 377. No person shall sell or expose or offer for sale any butcher’s meat, such as beef, veal, mutton, or fresh pork, outside of the stalls of the market halls of the city, or of any building appropriated for that purpose by the corporation, or of any store or shop for which a license shall have been given by the corporation, under penalty of a fine not exceeding one hundred dollars for each offense. 50 Viet., ch. 57, art. 8, parag. 1. 378. But farmers may sell on the said markets, by com- plying with the by-laws of the city, all kinds of meat, either by the carcase or by the quarter, being the yield of animals raised on their lands or farms, or owned by them for three — 102 — months, or the produce of their hunting; and, in all suits brought for violation of the provisions of this subsection, the corpo- ration shall not be required to prove that the defendant has sold, offered or exposed for sale, meat not being that of animals raised on his land or farm or the produce of his hunting. In such suits the defendant and his wife shall be competent witnesses, and, if the action be dismissed, the city shall pay the expenses of the witnesses and the cost of summoning them. 62 Viet., ch. 57, art. 24. 379. 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 exceeding forty dollars for each offence; and in any action or suit instituted for a violation of the provisions of this subsection, it shall 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. 29-30 Viet., ch. 57, art. 27, parag. 1. 380. Any person who buys, for the purpose of selling again by retail, any commodities or provisions commonly sold on the public markets of the said city shall be deemed to be a huckster. 29-30 Viet., ch. 57, art. 27, parag. 2. 381. To oblige all persons selling or offering for sale in the streets, squares or public promenades of the said city, any merchandise, object, article or effect whatsoever, to obtain from the said council a license for that purpose, which license shall be valid during the period fixed, and shall be given by the officer named for that purpose by the said by-law; and, for the price or cost of such license, there may be imposed a rate not exceeding the sum of twelve dollars. 29 Viet., ch. 57, art. 29, parag. 47. — 103 — 382. To compel every person, keeping horses or vehicles for hire in the city, to obtain a license for that purpose from the council, by paying for the said license a sum not exceeding- fifty dollars, and an additional sum, not exeeding ten dollars, for each horse and each vehicle intended only to l)e hired out at the domicile, office or place of business of the proprietor of such horses and vehicles, when the horses and vehicles, which shall be exempt from carrying numbers, shall not remain for hire on carter’s stands. 53 Viet., ch. 68, art. 30. MASTERS AND SERVANTS. 383. For the ruling and governing of masters, mistresses, apprentices, servants, employees and journeymen. 29 Viet., ch. 57, art. 29, parag. 49. 384. The said council shall, as regards the conduct and regulation of masters, clerks, apprentices, servants, hired persons and laborers in the said city, be invested with all the powers contained in the provisions of chapter twenty-seven of the Consolidated Statutes for Lower Canada, (now art. 7415-7428 of R. S. P. (^.) and may impose, by any by-law which it may make on this subject, a fine not exceeding twenty dollars, for the contravention of any disposition of such by- law. 29 Viet., ch. 57, art. 29, parag. 50. 385. Every prosecution or complaint, in virtue of such by-law, shall be brought before the recorder’s court of the said city, and shall be heard and decided in conformity with the law which regulates the said court. 29 Viet., ch. 57, art. 29, parag. 51. 386. The said recorder’s court, relative to the annulling of any engagement, as aforesaid, shall possess and exercise the powers conferred by the said act. (R. S. P. Q., art. 7415- 7428). 29 Viet., ch. 57, art. 29, parag. *52. — lOi — 387 . Any clerk, servant, hired person or laborer who, having been engaged in conformity with the provisions of the said act or of the by-laws of the said council, refuses or neglects, without just cause, to perform the said engagement, or who, after having entered into such engagement, and before beginning his term of service in conformity with the said enga- gement, contracts another engagement with another person, shall, on conviction, be liable to a fine not exceeding twenty dollars. 29 Viet., ch. 57, art. 29, parag. 53; R. S. P. Q., art. 7423. PUBLIC POUNDS. 388 . The council may also make by-laws to authorize all officers or constables of police of the said city, to conduct into any public pound, in the said city, now established or which shall be established by the said council, any horse, cow, pig, sheep, goat or ram, which may be found straying in any street, or pid^lic square, garden or public promenade or wharf in the said city, or without any proper person taking care of the same; and any such animal shall remain in such pound until it has been claimed by the proprietor, who shall pay such fine as shall be determined by the by-laws made for that purpose, as also the cost of keeping and feeding such animal. 29 Viet., ch. 57, art. 29, parag. 54. 389 . If such animal be’ not claimed within eight days following the day upon which it shall have been taken as aforesaid, it shall be sold by public auction, after notice given to that effect in the french and english languages, and the proceeds of the said sale shall be remitted to the treasurer of the said city, who shall remit the same to the proprietor of the said animal after deducting the fine and the costs of keeping and feeding. 29 Viet., ch. 57, art. 29, parag. 55. 390 . If the proprietor* does not present himself within — 105 — the six months following the said sale, the balance of the proceeds thereof, belonging to the said proprietor, shall be placed by the said treasurer to the credit of the said city, to form part of the funds of the said city. 29 Viet., ch. 57, art. 29, parag. 56. NUISANCES, &C. 391 . To compel every proprietor, tenant or occupant of any house or building or immoveable property in the said city, to clean and empty each and every water-closet or privy in such house or building, or on the ground upon which such house or building is erected, and to close in such privy, and to make and repair such closing and covering each time it shall be deemed necessary by the road inspector of the said city; reserving the remedy of such tenant or occupant who shall have the right of deducting from the price of the rent or occu- pation, every sum by him justly expended in obe^dng the order of the said inspector. 29 Viet., ch. 57, art. 29, parag. 57. 392 . To compel the owner or occupant of any grocery, cellar, tallow-chandler’s shop, soap factory, tannery, stable, barn, privy, sewer, garden, field, yard, passage, or lot of ground, or any other unwholesome or nauseous house or place what- soever, 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 bringing, depositing or leaving within the city limits any dead body, or any dead carcass, and to require the removal of the same, or any article or thing about or liable to become unwholesome, by the owner or occupant of any premises on which the same may be; and on his default, to authorize the removal or destruction thereof by some city officer, and to recover the expense thereof from the party or parties refusing or neglecting to remove or destroy the same, and recover the amount by action of debt before the said recorder’s court. 29 Viet., ch. 57, art. 29, parag. 58. — 106 — 393 . To prohibit, if deemed necessary by the said council, the erection in the said city of all soap and candle, or oil or oilcake factories, slaughter houses, dyeing establishments, cement factories and other factories or establisments wherein work, operations or processes is or are carried on, liable or having a tendency to endanger property, or to affect or endanger the public health or safety; but the said council shall have power also to permit such erection, use or employment, subject to such restrictions, taxes and duties, limitation and conditions, as the said council may deem necessary; and the council may require the obtaining of a license for which they may demand a sum not exceeding ten dollars. 29 Viet., ch. 57, art. 29, parag. 59. 394 . The said council may acquire or lease beyond the limits of the city, such grounds or places as they may deem ex])edient for the deposit of rubbish and filth, and may, by by-law, compel the inhabitants of the city to remove to and deposit at such places, all rubbish and filth ordered by any by-law to be removed from the premises of any such inhabi- tants respectively. 29-30 Viet., ch. 57, art. 40, parag. 4. 395 . If a majority of the rate-payers residing in any part of the city ask the city council to adopt measures for the removal of garbage by the city, the said council may adopt such measures applicable to certain parts of the city only or to the whole city, on varying conditions, according to the various cases and as may be deemed to the advantage of the inhabitants of the city. 9 Ed. VII, ch. 80, art. 8. * CRUELTY TO ANIMATES. 396 . The said council may also make by-laws and regu- lations for punishing persons who shall ill-treat, ill-use, over- drive or overload any animal. 29 Viet., ch. 57, art. 29, parag. 60. — 107 — PUBLIC ORDER. 397. For suppressing and regulating houses of prostitu- tion, houses of ill-fame or disorderly or reputed such, or any other building whatsoever in the said city, suspected of being a house of 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 build- ing, 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 l)e such, may be held responsible for any infringe- ment of the provisions of such l)y-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 her committed against such by-law, at the option of the prosecu- tor; and by such by-law, any infringement of the provisions thereof shall be punishable on conviction before the recorder’s court, by a fine not exceeding one hundred dollars, or in default of payment of the fine and costs, by imprisonment with hard labor, for a jieriod 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 payment. 29-30 Viet., ch. 57, art. 23. 398. All proprietors, usufructuaries or greves de substi- tution, agents, and all other persons knowingly leasing, sub- letting, causing or allowing to be occupied within the limits of the city of Quebec, any houses, premises or buildings what- soever to or by persons of ill-fame, or reputed as such, for purposes of prostitution, or reputed as such, shall incur, for each and every infringement of the provisions of the pre- sent section, a penalty not exceeding two hundred dollars — 108 — currency, or an imprisonment in the common gaol of the district of Quebec, for a period not exceeding six months; and in default of immediate payment of the penalty (if a penalty instead of an imprisonment is by the conviction im- posed), the offender shall be imprisoned in the said common gaol for a period not exceeding six months, unless such penalty be sooner paid. And all suits or complaints to recover such penalty shall be instituted in the name of the said corporation of the city of Quebec, before the recorder’s court of the said city. And to that end the said court has the power to summon the transgressor, although he may reside without the limits of its jurisdiction, in the province of Quebec, to appear before the said court to answer to the charge brought against him to defend and be judged in conformity with the law which governs the said court. 36 Viet., ch. 55, art. 11. 399. To prohibit cock-fights, dog-fights, or figths of other animals, and all cruel amusements in the said city, and all games whatsoever in the streets or public squares, gardens or public promenades, or wharves in the said city. 29 Viet., ch. 57, art. 29, parag. 62. 400. To prevent any person whatsoever, (druggists excepted) from selling or retailing, or causing to be sold or retailed, or exposed for sale on Sundays, any effects, merchan- dize or things whatsoever; and to punish every infraction of such by-law by fine not exceeding one hundred dollars, or by imprisonment for a term not exceeding two months, or both, in the discretion of the court which shall hear the complaint. 29 Viet., ch. 57, art. 29, parag. 63. 401. To enforce the closing on Sundays of all stores, shops, photographers’ and barbers’ establishments throughout the whole day. 51-52 Viet., ch. 78, art. 66. — 109 — 402. In every city and town, the municipal council may make, amend and repeal by-laws ordering that, during the whole or any part of the year, stores of one or more categories in the municipality be closed and remain closed every day or any day of the week, after the times and hours fixed and determined for that purpose by the said by-law, but the times and hours, so fixed and determined by such by-law, shall not be sooner than seven o’clock in the evening nor later than seven o’clock in the morning. Every infringement of a by-law made in virtue of this section shall render the person, found guilty thereof before two justices of the peace, lial)le to a fine not exceeding forty tlollars for each offence, and in default of payment to impri- sonment not exceeding two months. Prosecutions for infringements of the by-laws made in virtue of this section, shall be governed by part X\ of the criminal code, respecting summary convictions. R. S. P. Q., art. 5885. 403. The said council may also, by by-law, order the closing, throughout sunday, of theatres, moving pictures or other shows or entertainments to wliich the public is ad- mitted. 9. Ed. \TI, ch. 80, art. 7. 4C4. Police officers and constables shall have power to enter any l ouse, building or other place in which spirituous liquors are sold or exposed for sale on the days and during the hours on and during which such trade in liquors is prohi- bited by law or by the by-laws of the city council. 9 Ed. VII, ch. 80, art. 10. 405. And any person or persons who may be in any such house or building or place whatever herein above enumerated in the present section, as well as in the said last section above mentioned, or who may be in charge thereof, and who shall refuse, or, after due summons, fail to admit any such police — no — officer or constable, or in any way oppose or obstruct his admission to any such house, building or other place what- ever, shall incur, for each and every such offence, a penalty not exceeding fifty dollars currency, and in default of immediate payment of the said penalty an imprisonment not exceeding three 'months in the common goal of the district of Quebec. 36 Viet., ch. 55, art. 13, parag. 2nd. 406 . To prevent horse racing or furious driving in the streets of the said city, and any race or trotting match or other- wise on any highway or public road within a radius of nine miles beyond the limits of the said city. 29 Viet., ch. 57, art. 29, parag. 65. 407 . For suppressing, or regulating and taxing all gaming and gaming-houses. 29 Viet., ch. 57, art. 29, parag. 66. 408 . The owners or possessors of any dog in the city of Quebec, instead of the tax now imposed upon dogs in the said city of Quebec, shall be bound to take out annually from the clerk of the corporation of the city of Quebec, before the first day of may of each and every year, a license to have the right of keeping such a dog, for which license they shall be bound to pay to the treasurer of the said city a sum of one dollar and fifty cents for each such dog; and each such dog shall have around his neck a metal or leather collar with a number legibly inscribed on it, to wit: the number to be inserted in the said license by the said city clerk, which such number shall be a metal one, or painted on the said collar, the whole under pain of a fine not exceeding five dollars for each contra- vention to the provisions of the present section. 38 Viet., ch. 74, art. 5. 409 . To punish by fine, every person who shall keep or have in his possession a vicious dog, biting or attacking the passers by or other persons, or who shall keep any other — Ill — vicious animal, ferocious or dangerous, to the safety, or obs- tructing and disturbing the tranquility of the citizens or of others in the city; and to order that the said dog or other animal be shut up or killed, or cause to be killed, or destroyed, at the cost and charge of the proprietor or persons keeping the same. 29 Viet., ch. 57, art. 29, parag. 67. 410 . To award damages, not exceeding forty dollars, to any person bitten or wounded by such dog or animal, and the prosecution for the said fine or damages shall be brought before the said recorder’s court, and heard and judged accord- ing to the laws which regulate the said recorder’s court. If the person thus bitten or wounded be a minor of less than sixteen years of age, in such case the action and damages shall be brought in the name of the father, or mother, or tutor of such minor. 29 Viet., ch. 57, art. 29, parag. 68. HORSES, CARTERS, &C. 411 . To punish by fine the owner, keeper, or driver of any horse found in any street, lane, wharf, or other public ])lace in the city, without any competent person being in charge thereof. 29 Viet., ch. 57, art. 29, parag. 70. 412 . And by such l)y-law, the master, proprietor, or pos- sessors, of any such horse, may be prosecuted personally and condemned for any infringement of the provisions of this by law, whether the said infringement has resulted from the action of the said master, proprietor or possessor, or from the act of his domestic, servant or other person whosoever in his service, or to whoQi he may have loaned or leased the said horse. 29 Viet., ch. 57, art. 29, parag. 71. 413 . For the good government and discipline of carters, and for establishing carter’s stands in the said city; and to make, change and alter a tariff of fees to be taken and charged — 112 — by such carters; and upon all persons hiring out horses or vehicles in the city. 29 Viet., ch. 57, art. 29, parag. 72, no. 1. 414 . x\nd by any by-law so made, any person exercising the calling of carter may be held responsible for each and every violation of the said by-law committed b}^ such carter or by his hired men or servants, whether the said violation arises from the act of the said carter, or from the act of any such hired men or servants, and may be prosecuted and punished in conformity Avith the provisions of such by-law. But nothing- contained in the present clause, or in the one immediately preceding, shall prevent the person by whom such act has been committed from being prosecuted and punished by virtue of the l)y-laws mentioned in said clauses. 29 Viet., ch. 57, art. 29, parag. 72, no. 2. 415 . Any person who shall be in the habit of remaining with a vehicle with one or two horses harnessed thereto, or of causing such vehicle so to remain on a carter’s stand, or in a street, lane, porch, or the entry of a yard or house, or on a public square in the said city, or of carrying in such vehicle any persons, effects or merchandise whatsoever, shall be con- sidered as 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- laAvs of the city, on persons carrying on the business of a carter aforesaid; and in any suit or complaint brought by virtue of this provision, the onus of proving that he does not so exer- cise the business of a carter, shall lie upon the defendant. 29-30 Viet., ch. 57, art. 24. # FERRY OVER THE RIVER ST-LAWRENCB. 416 . The council may also make by-laws, to regulate the ferries and ferrymen on the River St-Lawrence between the said city and any place within the distance of twelve — 113 — miles from the said city ; to fix the tolls to be charged and exacted })y the said ferrymen; grant licenses to the said ferrymen, and fix the price or sum to be paid for each license and the period at which the same shall be renewed each year, — one half of the said sum shall belong to the said corporation and the other half to the municipality to which the said ferries extend; and every infraction of the provisions of such by-law shall be punishable by a fine not exceeding forty dollars reco- verable by a qui tarn action. 29 Viet., ch. 57, art. 29, parag. 73, as amended by 55-56 Viet., ch. 50, art. 1. 417 . The city council may, if it is considered more advan- tageous to the city, make a by-law authorizing the sale and adjudication, by public auction or by tenders called for as hereinafter provided, of the exclusive right of ferrying passen- gers, merchandize, animals and all other objects whatsoever between the said city and the town of Levis, for no longer than fifteen years, the said by-law fixing and defining the conditions of such sale. 55-56 Viet., ch. 50, art. 2, 1st parag.; — 9 Ed. VII, ch. 80, art. 2. 418 . The town of Levis shall have power to make such by-laws as it may deem necessary respecting the ferry between the town and the city of Quebec or any other place, and for imposing penalties against any person, company or ferrymen who shall refuse or neglect to comply with such b}^-laws, and the revenue from such penalties shall belong to the town of Levis. Provided always that the city of Quebec, while having the right to grant the contract for the ferry between Quebec and Levis, subject to the conditions and formalities herein- after set forth; and to grant a license to that effect for a period not exceeding nine years, shall be bound to pay to the town of Levis one half of the proceeds of the revenue from the said license. Moreover, the right to make and prepare by-laws for- carrying out the powers conferred by law upon the city of Que- 8 — 114 — bee and the town of Levis respecting the ferry between the city and the town shall be exercised jointly by their councils in the following manner from the expiration of the present con- tract between the city of Quebec and the Quebec and Levis Ferry company: a special committee consisting of three mem- bers chosen by the council of the city of Quebec and of three members chosen by the council of the town of Levis, convened by the mayor of the city of Quebec, at the city of Quebec, within a reasonnable delay of not less than one year, before the expiration of the present contract and before the granting of a new one, shall alone have power to make by-laws respect- ing the conditions of such contract, the granting and the price of the ferry license, the fixing of freight and passenger rates and other conditions which the special committee may deem advisable to impose. Such committee shall be presided over by one of its mem- bers elected by the majority of the members present, and, in the event of the votes being equal in the selection of a chair- man, he shall be selected by drawing lots. The chairman of the committee shall have the right to vote upon all questions, and, when the votes are equally divided, he shall have a cast- vote. The quorum of such committee shall be four. Such by-laws shall come into force after having been approved by the corporation of the city in the manner indica- ted by law and by the by-laws of the city of Quebec. 6 Ed. VII, ch. 49, art. 24 (Act of incorporation of the town of Levis). 419 . Any contract which may be passed with an indivi- dual or a company to establish a ferry service between the said city and the south bank of the river St. Lawrence, shall have no force or effect until approved by the lieutenant-go- vernor in council. ^ The city shall, two years at least before the expiration of such contract, call for tenders, in the ordinary manner, for the renewal thereof. 8 Ed. VII, ch. 83, art. 12. — 115 — 420. Notwithstanding the provisions of the act 7 Edward VII, chapter 46, the sale of the exclusive right of ferrying between the said city and the town of Levis, mentioned in the first paragraph of section 2 of the act 55-56 Victoria, chapter 50, may be for a period not exceeding fifteen years. 9 Ed. VII, ch. 80. 421. In the event of the city of Quebec and the town of Levis not undertaking the aforesaid ferry service over the river St-Lawrence, every contract made and entered into with any person or company for such service shall be based on a by-law drawn up by a joint committee of the members of the council of the said city and of the said town as set forth in section 24 of the act 6 Edward VII, chapter 49, {art. 418 heretofore)] and such contract must be approved by the lieute- nant-governor in council. 9 Ed. VII, ch. 87, art. 3. 422. The council may, b}^ resolution, fix the day, hour and place of such sale, or of the final reception and opening of tenders, and notices of the same shall be published in the official newspapers of the corporation for at least ten clear days between the first publication of the said notice and the day fixed for the sale or for the final reception and opening of tenders. In case for any reason whatever, the said sale does not take place upon the day so fixed, another day may be fixed by another resolution. 55-56 Viet., ch. 50, art. 2, 2nd parag. 423. A notarial deed of the said sale and adjudication shall be passed between the said city and the purchaser. The latter shall furnish two solvent sureties, accepted by the coun- cil, who will bind and oblige themselves, jointly and severally with him, towards the said city, to the payment of ten thousand dollars, and to the execution of all the conditions of the said deed. The security thus given shall continue to be binding during the whole term of the contract. 55-56 Viet., ch. 50, art. 2, 3rd parag. 116 — 424. The amount arising from such sale as aforesaid shall be divided between the said corporation and the muni- cipality to which the said ferry shall extend. 29 Viet., ch. 57, art. 29, parag. 76. 425. The said council may, by the by-law authorizing the said sale and adjudication, make such rules and regula- tions for the convenience and safety of the passengers and the mode of crossing, by fixing the time and number of the crossings to be made each day, and may impose a penalty not to exceed forty dollars for any infraction of the provisions of such by-law. 29 Viet., ch. 57, art. 29, parag. 77. 426. To regulate and fix the rental to be recovered by the said corporation, for all wharves, the property of the said corporation. 29 Viet., ch. 57, art. 29, parag. 79. 427. And also to make a tariff of the dues or rates of wharfage 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 depositing thereon for any other pur- pose, 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. 29-30 Viet., ch. 57, art. 26. 428. The city council may, by resolution, order the sale by auction of the revenues of all or any of the cattle-stands and weigh houses, and determine the manner and conditions of such sale and adjudication. 59 Viet., ch. 47, art. 8. 429. To fix and determine the fees to be exacted and levied by the respective officers of the said council, for any service by them done or rendered, at the demand of any per- son, or for searching for, making copies or extracts from any by-law or document whatsoever, of which they respectively have charge. 29 Viet., ch. 57, art. 29, parag. 82. — 117 — 430. The said fees shall form part of the funds of the said city; but no fees shall be exacted in those cases in which the law obliges the said council or its officers to give, gratui- tously, copies, extracts or communication of any by-law or document. 29 Viet., ch. 57, art. 29, parag. 83. GENERAL PROVISIONS RESPECTING BY-LAWS. 431. Every by-law shall be read twice by the council at a regular and separate meeting before being finally adopted and submitted to the lieutenant-governor in council, and after having undergone the first reading, it shall be published in an english and in a french newspaper published in the city, and be followed by a notice indicating at which day it shall receive its second reading, and an interval of at least two clear days shall elapse between such notice and such second reading; provided that the by-law may be altered or amended at such second reading, if the council see fit, without the need of any other publication of the by-law before its final adoption, unless the same be ordered by resolution of the council. 1 George V, ch. 47, art. 28. 432. Whenever the law orders that a by-law of the council shall be submitted to the approval of the rate-payers who are owners of real estate in the city, the vote of such rate- payers shall be given in accordance with the list then in force of electors qualified to vote at the election of aldermen whose seat is designated by the number one. 59 Viet., ch. 47, art. 15. 433. At least fifteen days before the day fixed for such voting, the city clerk shall give notice thereof in the official newspapers of the council; and for such voting there shall be a poll in every ward. Such polls shall be established by the mayor; and the clerk shall publish the list and description — 118 thereof in the said newspapers at least two clear days before the voting. 59 Viet., ch. 47, art. 16. 434. The city clerk shall make out poll-books for each poll according to schedule Q, annexed to this act. {Schedule 0 of the present compilation). 59 Viet., ch. 47, art. 17. 435. All the provisions of the law governing voting for the election of members of the council shall apply to the said voting for the approval of a by-law as aforesaid. 59 Viet., ch. 47, art. 18. 436. The ballot for each voter shall be a printed paper with an annex according to schedule R of this act. {Schedule P of the present compilation). 59 Viet., ch. 47, art. 19. 437. The voter shall mark the said ballot by making a cross with a pencil on the right side opposite the word ‘‘for,’' if he approves the by-law, or opposite the word “against,” if he disapproves of the by-law. 59 Viet., ch. 47, art. 20. 438. Immediately after the close of the poll, the officer presiding at the poll shall open the box and count the ballots in favor of, and the ballots against the by-law, and make out a statement thereof, indicating the number of ballots of each kind admitted. 59 Viet., ch. 47, art. 21. 439. On the day following the voting day, or on the first juridical day following, if the following day be not a juri- dical day, at the hour of eleven in the forenoon, at the clerk’s office, the latter shall open the ballot-boxes, and the mayor shall ascertain the number of votes for and the number of votes against the by-law, from the statements or returns — 119 — made by the officers presiding at the polls; and, if such by- law be approved by the majority of the said votes, the mayor shall sign a declaration to that effect, and such by-law shall afterwards be published in the usual manner. - 59 Viet., ch. 47, art. 22. 440. All copies written or printed, of any by-law, rule or order of council, certified by the city clerk, produced before the said recorder’s court, or any court of justice, shall be held authentic until proof to the contrary. 29 Viet., ch. 57, art. 30, parag. 2. 441. All rules, regulations, by-laws or orders heretofore legally made by the said city council, or heretofore legally made by the justices of the peace, or any other competent authority, and now in force, shall continue to be in force in the said city, until they shall have been abrogated and annulled. 29 Viet., ch. 57, art. 30, parag. 3. 442. The by-laws now in force in the said city, or which may in future be in force within the limits of the said city, shall be considered public acts, and knowledge shall be had of them by every court, judge and person whatsoever, without it being necessary to allege them specially. 29 Viet., ch. 57, art. 30, parag. 4. [It is declared and enacted that the by-law passed by the said council on the twenty-seventh day of april one 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 and binding to all intents and purposes whatever.] 29-30 Viet., ch. 57, art. 66. 443. A certified copy of every by-law adopted by the city council, shall be transmitted by the city clerk to the lieutenant-governor who, during the three months following- may disapprove of them, and such disapproval shall render such by-law null and void, in the same way that every by-law 120 — is null and void which is repugnant to any law of the province; but if this disapproval of the lieutenant-governor shall not be signified to the city council, such by-law shall continue to have full force and effect, unless contrary to any law in force. 29 Viet., ch. 57, art. 30, parag. 5. 444 . The right to demand the rescinding of a by-law passed by the city council is prescribed by three months from the date of its coming into force. This prescription also applies to the right to demand the setting aside of a resolution of the said council. 3 Ed. VII, ch. 61, art. 10. 445 . The council may, for the punishment of the infrac- tion of any by-law, impose a fixed or variable fine or penalty, and imprisonment in default of payment, and leave it to the discretion of the court to determine the amount of such fine or penalty, the time of payment, and the term of imprison- ment; the fine or penalty shall not in any case exceed forty dollars, and shall be sued for and recovered in the manner and form prescribed by the law regulating the recorder’s court of the said city, and the imprisonment shall not be for a longer period than two calendar months, unless a different penalty or imprisonment be fixed by law. 29 Viet., ch. 57, art. 30, parag. 6. 446 . The council may authorize any officer or constable of the police to enter any house, building, yard, premises or other locality whatsoever in the said city, to ascertain if any infringement of the laws or by-laws now in force or which may hereafter be passed by the said council is being therein committed. 5* 29 Viet., ch. 57, art. 30, parag. 7. 447 . All recognizances in penal matters, taken and received in virtue of the present act, shall hold good if taken before the recorder’s court, the recorder, or a justice of the peace of the district of Quebec, and shall be subject, as to forfeiture before the said court, to all the proceedings required for the 121 — forfeiture of recognizances before courts of criminal juris- diction. 29 Viet., ch. 57, art. 30, parag. 10. 448 . All recognizances required in penal matters, in all cases when the fine or penalty sued for shall belong to the said corporation, in case of the non-fulfilment of all and every the conditions mentioned in such recognizance, shall be given in favor of the said corporation, and in case of the forfeiture of such recognizance, the corporation may recover the amount thereof from the sureties jointly and severally, by action for debt before the said recorder’s court. 29-30 Viet., ch. 57, art. 29. POLICE FORCE. 449 . From and after the first day of may next [may 1889], the present police force of the city of Quebec shall be under the control of the council of the city. 51-52 Viet., ch. 78, art. 52. 450 . Every man forming part of the said corps shall be called a constable of police, and shall have all the powers and privileges attributed bylaw to constables; and shall be subject to the same responsibility in the exercise of the powers imposed upon him by the present act; and this provision shall apply to all officers of the said corps. 29 Viet., ch. 57, art. 31, art. 4. 451 . Before entering upon his functions, every officer or man of the said corps shall make oath, before the recorder’s court of the said city, {Schedule Q of the present compilation) to fulfil well and faithfully the duties imposed upon him in his said capacity. 29 Viet., ch. 57, art. 31, parag. 5. 452 . The said constables of police shall keep watch, day and night, to maintain good order and the public peace; to enforce the observance of all laws, rules, by-laws and ordi- nances in force in the said city, and to prevent misdemeanors and felonies in the said city. 29 Viet., ch. 57, art. 31, parag. 7. — 122 — 453. The powers of the police constables shall extend to the whole district of Quebec, but they cannot act outside of the limits of the city without the written authority of the mayor or an order of the recorder’s court. 51-52 Viet., ch. 78, art. 53. 454. The engagement of every police constable shall be deemed to be made for the period of one year and no more; but such engagement may be renewed with the consent of the council. 51-52 Viet., ch. 78, art. 54. 455. No police constable shall withdraw from the said force before the expiration of his term of engagement (except in case he shall have been discharged,) under pain of a fine not exceeding eighty dollars, or in default of payment, of impri- sonment for a period not exceeding three months. 29-30 Viet., ch. 57, art. 31, parag. 1. 456. Every police officer or constable, when in the exe- cution of his duty, shall arrest on view any person contra- vening the charter of the city or a by-law of the city council, as well as any vagrant, idle, loitering, loose or disorderly person whom he may find disturbing the public peace or whom he has just reason to suspect of some evil design, as well as any person whom he finds lying or loitering in any field, street, yard, or other place whatsoever in the said city, and not giving a satisfactory account of his presence in such field, street, yard, or other place; and he shall also arrest any person whom he finds committing any offense against the provisions of articles 2782 to 2794, (now art. 3578-3590 of R. S. P. Q. of 1909) inclusively, of the revised statutes. 61 Viet., ch. 52, art. 11. 457. Every vagrant arrested on view shall be taken be- fore the recorder’s court, if the court be sitting, and if the court be not sitting, such person shall be taken to the nearest police station, there to be detained until the next sitting of the courts unless such person gives the bail required by law. 61 Viet., ch. 52, art. 12. — 123 N. B. The art. 10-19 of ch. 102 of the C. S. L. C., (of 1861), known as the “police ordinance,’’ have been decla- red abrogated by the R. S. C., of 1886, annex A. However, they have been reenacted in the art. 2782-2794 of the R. S. P. Q., of 1888, and in the art. 3578-3590 of the R. S. P. Q. of 1909. That police ordinance is now embodied in the criminal code, art. 238, 239. It is doubtful that the legislature of Quebec may still have jurisdiction over that matter. 458. Any person arrested on view for an offence against any provincial law or against the by-laws of the city, may be admitted to bail by a justice of the peace or by the sergeant, or other officer or peace officer then in charge of the police station, who shall accept as sureties only persons of known solvency for the appearance of the person so arrested before the said recorder’s court, on the day named in the recogni- zance. 8 Ed. VII, ch. 83, art. 2. 459. The amount of the recognizance in such case as well as in the case of persons arrested under the provisions of subsections ten, eleven and twelve of this section, shall be forty dollars. And 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. 29-30 Viet., ch. 57, art. 32, parag. 2. 460. The thirty-second section of the act twenty-ninth and thirtieth Victoria, chapter fifty seven {art. J^5S and 4^4) shall apply to the infringements against Mie by-laws in force or which shall hereafter become into force in the said city. 33 Viet., ch. 46, art. 19. 461. Each and every police constable shall have the right to enter and visit any house, building or ground, or any place or house of public entertainment, in order to ascer- — 124 — tain whether any infringement of any act in force in the said city, or of the present act, is being therein committed. 29 Viet., ch. 57, art. 31, parag. 17. 462. Whoever shall abuse, threaten, assault, strike, or resist any constable or incite any person to assault, strike or resist such constable in the performance of the duties im- posed 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 said city; or Shall violently deliver or carry off a prisoner, or in any way whatsoever cause or procure the escape of a prisoner in the custody 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 dollars, or impri- sonment for a term not exceeding two months, or both fine and imprisonment together, in the discretion of the recorder’s court aforesaid. 29-30 Viet., ch. 57, art. 33. 463. Every police constable, who is guilty of disobedience, insubordination, drunkenness, negligence, bad conduct, abuse of power, partiality or malfeasance in the performance of the duties imposed on him by law, shall, upon conviction of such offense, before the recorder’s court, incur a fine not exceeding forty dollars. The council may, in addition, suspend or dismiss every such constable so guilty as aforesaid. No police officer or constable so dismissed can afterwards serve in the police force. 51-52 Viet., ch. 78, art. 55. 464. The city council may pass a resolution to determine and fix beforehand the salary to be paid to all special constables whom the mayor of the said city is hereby authorized to appoint and swear in, in cases of urgency, of riots, tumultuous or illegal — 125 — assemblies or other similar cases, to aid the police force of the city in preventing crime or for the maintenance of peace and good order in the city. 7 Ed. VII, ch. 62, art. 40. CONSTRUCTIONS PROHIBITED. 465 - It shall not be lawful for any person whomsoever to construct or erect any house or building whatsoever, or to repair the exterior walls of any such house or building, or make or repair any portion of the roof or exterior covering of any such house or building, otherwise than with incom- bustible materials. Brick-lined houses and sheds covered or lined outside with sheet iron or brick shall be deemed to be built of incom- bustible materials. It shall, however, be lawful to construct wooden wharves and to erect on such wharves wooden buildings covered outside with metal. 57 Viet., ch. 58, art. 16. 466 . Every roof shall be of sheet-iron, tin, zinc or slate, or other incombustible material which may be adopted or pres- cribed by a by-law of the city council. 57 Viet., ch. 58, art. 17. 467 . Every infringement of the provisions of the two preceding sections shall be punishable by a fine not exceeding thirty dollars, and, in default of payment, by an imprisonment not exceeding thirty days. If the party so condemned does not cause such building to be removed within the eight days following such condem- nation, such party may be sued for a further similar fine for every day he neglects to have such building removed or to comply with the law. 57 Viet., ch. 58, art. 18. — 126 — 468. The municipal council of the city may pass a by-law to permit the facing of certain houses or parts of houses or other buildings with incombustible materials other than brick. 9 Ed. VII, ch. 80, art. 6. 469. The municipal council of the said city is authorized to pass a by-law to order that in certain parts of the city or in certain streets or parts of streets, houses or other buildings shall be built in the manner prescribed by such by-law as regards symmetry, materials, the rules of solidity and hygiene, protection against fire and other objects. 9 Ed. VII, ch. 80, art. 4. PROVISIONS RESPECTING THE STREETS OF THE CITY. 470. Every street which shall hereafter be opened within the limits of the city, shall be at least sixty feet wide; and when a street already in existence is widened, it shall, after such widening, be at least forty feet wide; but Ste-Cecile street, in its prolongation towards the street called ‘^Boulevard Langelier”, may be thirty eight feet wide and not less. 60 Viet., ch. 59, art. 2. 471. The strip of land communicating between Hamel and Charlevoix streets, in Palace ward, as shown on the official cadastre as a projected street, may be opened as a street to its present width. 57 Viet., ch. 58, art. 21. 472. The projected streets on the plan of the official cadastre of the land known as St-Maloville, or other streets in St-Valier ward, may be opened to the width given them on the said plan. 57 Viet. ch. 58, art. 22. 473. The city of Quebec and the North Shore turnpike road trustees are hereby authorized to enter into an arrange- — 127 — merit for the transfer to the said city of such portion of the Cap-Rouge roads as adjoins the city of Quebec and fronts on the land above described, upon which conditions as may be agreed upon between them; and, in the event of such arrange- ment being made, the North Shore turnpike road trustees shall have a right to collect the same rates of toll upon all roads under their control as they are now permitted to collect, notwithstanding that any such road maintained by them shall be less in length tlian that fixed by section 10 of the ordinance 4 Victoria, chapter 17. 1 Ed. VII, ch. 42, art. 7, 2nd parag. 474 . The coriroration shall and may retake possession, without payment of any indemnity of the ground of any street, road, market or other public places, upon which any person may have encroached. 29 Viet., ch. 57, art. 33, parag. 2. 475 . The city engineer and inspector or inspectors of roads shall visit the streets, roads, lanes, bridges, market- places, and other places, and generally all the property of the said corporation, and cause all obstructions to be removed therefrom and also all encroachments, by the persons liable or interested therein, by giving such persons notice in writing, either by serving or causing it to be served upon them per- sonnally, or by leaving or causing to be left such notice at their domicile or place of business, in charge of a reasonnable mem- ber of their family, or person in their employ, requiring them to remove and suppress the said obstructions and encroach- ments, within a reasonnable time to be specified in such notice, and in default of their doing so within the time to be so specified, the said inspectors or any or either of them, shall cause the said obstructions to be so removed and the said encroachments to be suppressed, at the cost and charges of such persons, which cost and charges may be recovered, by a suit for debt brought in the recorder’s court in the name of the said corpora- tion, of and from such persons, together with the cost of such suit or action, and such persons shall further be liable to a — 128 — penalty, not exceeding forty dollars for non-compliance with such notice. 29 Viet., ch. 57, art. 33, parag. 3; 61 Viet., ch. 52, art. 29. 476 . The sidewalks in all the streets of the city shall be made, kept up and repaired by the proprietor of each immo- veable or property fronting on such sidewalk; and the corpo- ration shall reimburse to the said proprietor one fourth of the cost or value of such construction or repairs. If such proprietor neglects to make, keep up, repair or renew such sidewalk, as the case may be, the city engineer shall give him notice in writing to do what is necessary to such sidewalks. This notice should be addressed or left at the domicile of such proprietor, if he is a resident of the city, or at the house of the occupant of the said immoveable, if such proprietor does not reside in the said city. If the said proprietor does not reside in the said city and the said immoveable has no occupant, then the said notice is not necessary. If, within eight days following the said notice, the works required to be done to the said sidewalks have not been done, then such works shall be done by the corporation which may compel the proprietor to reimburse it by a sum of equal to three fourths of the cost of such construction or repair. This sum or amount equal to three fourths is recoverable as a tax, and in the same manner, and with the same privileges as all other taxes imposed upon real estate in the city; but the pro- prietor, except in cases of express agreement to the contrary, has no right to oblige his tenant to reimburse him any portion whatever of the same. 55-56 Viet., ch. 50, art. 5; 61 Viet., ch. 52, art. 29. 477 . The curb-stone of every sidewalk in the said city forms part of the said sidewalk; and the said council may, by resolution to that effect, decree and indicate the streets in which such curb-stone shall be of stone, whatever may be the materials of which the sidewalk is made in such streets, and after such resolution passed by the council, the city engineer — 129 may, at any time, if he deem it necessary and expedient, require that such curb-stone be laid in stone, the cost being divided between the city and the proprietors, as for the sidewalk itself. 56 Viict., ch. 50, art. 5; — 61 Viet., ch. 52, art. 29. 478. Every proprietor who shall so neglect to make, renew, maintain or repair such sidewalks, as the case may be, within eight days from the receipt of such notice, shall be also liable to a fine not exceeding forty dollars, and, in default of the payment of such fine and costs, to an imprisonment not exceeding eight days. After such first condemnation, a similar fine may also be imposed upon such person so in default for every day he shall neglect to do what he is obliged by law to do as aforesaid. 60 Viet., ch. 59, art. 5. 479. If the proprietor of land who is bound to make a sidewalk in any street of the city, offers the latter to make the said sidewalk in stone, in asphalt blocks, in asphalt or in cement, the whole upon a concrete foundation of at least four inches thick, in such case, if the city engineer has autho- rized and accepted the same, the city of Quebec shall repay to the said proprietor one half the cost of the said works. 7 Ed. VII, ch. 62, art. 44. 480. Without prejudice to the provisions of the law respecting the making and repairing of sidewalks of the city, the city may, with the consent of three fourths of the owners of lots on a street or part o'f a street in the city, make a side- walk with uniform materials of the said kind on such street or part of street. 1 George V, ch. 47, art. 8. 481. The said sidewalk may be made on both sides of the said street or one side only, according to the consent of the three fourths of the said owners of lots on either side of the said street. 1 George V, ch. 47, art. 9. 9 — 130 — 482. The said consent shall be given by a written docu- ment signed by three fourths of the said owners, and shall be deposited in the office of the city clerk and be submitted for approval of the city council. 1 George V, ch. 47, art. 10. 483. The council shall thereupon, by resolution, determine what materials shall be used in making the sidewalks; and after the passing of the said resolution, the city engineer shall call for tenders for making such sidewalks in the same manner as tenders are called for paving streets. 1 George V, ch. 47, art. 11. 484. To pay the cost of such works the city may, and as the same may be necessary, issue and sell bonds in the manner set forth for the loan authorized by the foregoing sections of this act, the proceeds of the bonds to be exclusively devoted to paying the cost of such works. 1 George V, ch. 47, art. 12. 485. The owner of land liable for the cost of the sidewalk shall repay to the city, on demand, one half of the cost in default whereof the amount so due may be recovered by suit before the recorder’s court. Such claim shall have the same privilege as municipal assessments and taxes. 1 George V, ch. 47, art. 13. 486. All amounts repaid to the city by the owners for their half of the cost of the sidewalks, shall be placed in the sinking fund established for the payment of the bonds at maturity. 1 George V, ch. 47, art. 14. 487. Any person desirous of building, reconstructing, demolishing, or repairing, any house, building, enclosure or wall on any street, road, lane, or public place, shall give notice to the city engineer of the time when such work will be commenced and finished, and obtain from him or other person duly authorized, a permit stating the width upon any such street, road, 1 ane, or public place, such person may occupy. — 131 — for placing building material or rubbish thereon, and such width shall not exceed one third of the said street, road, lane, or public place, and shall be enclosed by the person so building, demolishing or repairing, by a wooden fence of at least ten feet high; any person violating any of these provisions shall be liable to a penalty not exceeding forty dollars. 29 Viet., ch. 57, art. 33, parag. 5; — 61 Viet., ch. 52, art. 29. 488. The said corporation may charge a reasonable fee for such permit to the person to whom it shall be given. 29 Viet., ch. 57, art. 33, parag. 6. 489. No gallery, window, portico, staircase or other obs- truction shall extend or project from any house or building into or beyond the* line of any street, lane, road or public place in the said city otherwise than in such manner as may be prescribed and permitted by the by-laws of the municipal council of the said city. 9 Ed. VII, ch. 80, art. 5. 490. The city shall have power to grant to railway and street railway companies, making use of electricity, horses or other motive power, permission to make use of the streets for the purpose of laying their rails. 57 Viet., ch. 58, art. 19. 491. The city council shall first determine by resolution all the conditions on which it intends to grant such permission; and, when the city and the said company shall agree upon all the said conditions, a by-law shall be made and passed by the said city council comprising all the said conditions of the said permission, the said by-law to come into force only after the passing of a notarial contract between the parties, based on the said by-law and in conformity therewith. 57 Viet., ch. 58, art. 20. 492. From the first day of november until the first day of may in each year, the proprietors or occupants of houses, — 132 — lots or vacant spaces of ground in the city, shall keep in repair and good condition, the roads whereby their property is bounded on every side, conformable to the regulations which may be in force. 29 Viet., ch. 57, art. 33, parag. 8. EXPROPRIATION FOR PUBLIC IMPROVEMENTS. 493. The council of the said city of Quebec shall have full power and authority to provide by a by-law of the said corporation for 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 funds, or that the costs 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 formalities hereinafter prescribed, for opening streets, public squares, markets, or other public places, or for continuing, enlarging, or improving the same, or a portion of the same, or as a site for any public building to be erected by the said council. 29 Viet., ch. 57, art. 35, parag. 1. 494. The construction of public municipal buildings may be decided and ordered by resolution of the city council. 2 Ed. VII, ch. 48, art. 6. 495. All corporations or bodies, and all husbands, tutors, guardians, curators, greves de substitution, or trustees who are or shall be seized or possessed of, or interested in, any piece or pieces, lot or lots, of ground or real property within the said city, selected and fixed upon by the said council for any of the purposes aforesaid, may not only for themselves, but ~ 133 — for and on behalf of all persons whom they represent, or for whom, or in trust for whom they are, or shall be, seized, possess- ed 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 pro- perty to the said corporation; and such contracts, sales and conveyances shall be valid and effectual in law, to all intents and purposes whatsoever, any law or custom to the contrary notwithstanding; and all corporations and persons whatever so contracting, selling or conveying as aforesaid, are hereby indemnified for and in respect to such sale or cession which he, she, or they shall respectively make by virtue of, or in pursuance 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 convey- ances. 29 Viet., ch. 57, art. 35, parag. 2. 496. In case the council of the said* city, after having resolved upon undertaking and carrying out any of the said works or improvements for which it has been necessary to acquire one or more lots of ground or real property, or any part of such lots of ground or real property, within the limits of the said city, cannot come to an amicable arrangement with the persons seized or possessed of, upon any title what- soever, 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 cor- poration, 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: 29 Viet., ch. 57, art. 35, parag. 3. 497. Whenever the city cannot come to an understanding with the vendor or person entitled to compensation : 1. Upon the price of an immoveable or portion of a — 134 immoveable, or a servitude which the city wishes to acquire, either in connection with the water-works or for the widening, opening or extension of the streets, or as a lot for some muni- cipal building, or the establishing of public parks or squares, or for acquiring an active servitude, right of way, opening a drain or introducing pipes ; 2. Upon the price of a servitude upon any immoveable, situate within or without the limits of the city; 3. Upon the amount of damages caused by changing the level of a sidewalk within the city ; 4. Finally upon any object whatsoever connected with public improvements, and within the powers of the council; In such case the city engineer shall deposit in the office of the city clerk a certificate showing the amount of the price or compensation which he thinks should be allowed the vendor or the person entitled to such compensation on account of such immoveable or portion of immoveable or of any servitude and expropriation whatsoever as above men- tioned. 53 Viet., ch. 68, art. 5; 61 Viet., ch. 52, art. 29. 498. The amount mentioned in such certificate is then tendered by notarial deed to the said vendor or the person entitled to such compensation. 53 Viet., ch. 68, art. 6. 499. If the offer be not accepted, a copy of the deed of tender is deposited in the office of the said city clerk, and the city then applies by petition to the superior court, sitting at Quebec, or to a judge thereof, for the appointment of three experts to inspect the place and establish the price or amount of the compensation to be allowed. A notice of the petition shall be served, at least three clear days before it is presented, upon the person to whom the tender has been made. 53 Viet., ch. 68, art. 7. 500. If the person entitled to such price or compensation has no domicile in the said city, such offers may be made — 135 to his agent or attorney, managing such property; in such case, notice of the said petition may be served at the domicile of such agent or attorney. 53 Viet., ch. 68, art. 8. 501. As soon as the petition is presented, the said city may deposit in the office of the said superior court, the amount of such legal tender and, after such deposit, the city may take possession of any such immoveable or part of an immovea- ble mentioned in the petition and exercise the powers conferred upon it by law as if the compensation had been finally deter- mined and paid. 53 Viet., ch. 68, art. 9. 502. Articles 396, 397, 398, 399, 400, 401, 402, 403, 406, 408, of the code of civil procedure apply to references to experts under the charter of the city of Quebec. 61 Viet., ch. 52, art. 25. 503. The experts are entitled to a fee of four dollars a day for the period during which they perform their duties. 53 Viet., ch. 68, art. 11. 504. Immediately after the appointment of the said com- missioners, it shall be the duty of the city surveyor to furnish them with a plan or map showing the proposed improvement, as also the pieces or parcels of ground or real estate to be expro- priated. 29 Viet., ch. 57, art. 35, parag. 7. 505. The experts may hear the witnesses produced before them by the parties, and at their expense, and also the parties if they deem advisable. Such witnesses and the parties may be sworn by one of the experts, the examination shall be viva voce, and the depo- sitions shall not be taken down in writing. 53 Viet., ch. 68, art. 12. 506. The report of the experts shall be made on or before the day fixed for that purpose by the court or judge; it is signed by the experts or made in notarial form and en brevet. — 136 — In the case of difference of opinion between the experts as to the amount of the price or compensation, their award has full force and effect if two of them agree. A statement of the costs must accompany the report. 53 Viet., ch. 68, art. 13. 507. As soon as the experts’ report is filed in the office of the said court, the city or the parties interested may, after three days’ notice to the parties interested, apply to such court or to a judge thereof for homologation of the report to all intents and purposes; and the said court or judge, as the case may be, after ascertaining that the proceedings and formalities, above prescribed, have been duly followed, con- firms and homologates the report, which, as regards the parties concerned, is final and without appeal. 53 Viet., ch. 68, art. 14. 508. If the amount awarded by the experts does not exceed the amount tendered the party expropriated may be cond toned to pay all the costs of the expropriation; in the contrary case, such costs may be given against the city. 53 Viet., ch. 68, art. 15. 509. If the amount deposited in the prothonotary’s office by the city is less than that awarded by the experts, the city shall, within eight days from the homologation of the report, deposit the difference in the said office. 53 Viet., ch. 68, art. 16. 510. As soon as the deposit is made after the homologa- tion of the experts’ report, the prothonotary delivers to the city a certificate {acte) of such deposit with the description of the immoveable expropriated, and such certificate {acte) of deposit constitutes a legal title in favor of the city to the ownership of such immoveable, and is registered accordingly. 53 Viet., ch. 68, art. 17. 511. The said expropriation has the same effect as a judi- cial sale, as well as in the cases where the compensation is established by mutual agreement. — 137 — If the city council deem it advisable, it may expropriate the whole or a portion only of the immoveable. 53 Viet., ch. 68, art. 18. 512. After delivering such certificate of deposit, the pro- thonotary must, at the request of any party interested, and at the expense of such party, obtain a registrar’s certificate in connection with the said immoveable; he shall also publish, during two consecutive weeks in the Quebec Official Gazette, and twice in an english and in a french newspaper, published in the city, a notice of such deposit, ordering the filing, within eight days from the final publication of the notice, of all oppo- sitions for payment. 53 Viet., ch. 68, art. 19. 513. After the expiration of the delay for filing the oppo- sitions, the prothonotary draws up a report of distribution of the amount of the deposit as in ordinary cases before the court. Nevertheless, the amount of the deposit is not liable to any tax, commission or impost whatsoever. The costs adjudged or taxed in favour of an interested party, or incident to the proceedings, shall be collocated in favour of those who are entitled to the same. 53 Viet., ch. 68, art 20. 514. The corporation of the said city may open, continue or widen any streets or highways, and establish public parks or squares, beyond the limits of the said city, and acquire any piece or parcel of land required for any of the said purposes, in the same manner, and by following the same formalities as those prescribed in and by the present act, for similar impro- vements within the limits of the said city; provided, always, that before exercising any of the powers conferred upon it, by the present section, the said corporation shall obtain the consent of the municipality within the limits of which such powers are to be exercised, and such last mentioned munici- pality is hereby empowered to exempt from any tax or assess- 138 ment, if it sees fit so to do, the public parks, squares or public places to be opened or established as aforesaid. 29 Viet., ch. 57, art. 35, parag. 22. 515. Corporations, ecclesiastical or civil, whose property or any part of whose property, shall be conveyed to, or taken by the said corporation of the city of Quebec, under the autho- rity of this act, may invest the price or compensation paid for the property so conveyed or taken, in other real property in any part of this Province, and may take and hold the same, without Her Majesty’s letters of mortmain, any law to the contrary notwithstanding. 29 Viet., ch. 57, art. 35, parag. 23. 516. Every person without a domicile or place of business within the limits of the said city, shall be deemed to be absent, within the meaning of the present section. 29 Viet., ch. 57, art. 35, parag. 30. 517. Any bailiff of the superior court for the district of Quebec may serve and post up the notifications required by the present section, and make a return thereof under his oath of office. 29 Viet., ch., 57, art. 35, parag. 31. 518. The city is authorized to build one or more free bridges over the river St-Charles to connect Limoilou ward with its other wards and to borrow for such purpose a sum of not more than one hundred and fifty thousand dollars. It may also subscribe in favour of any person, firm or company a certain amount to aid in building the said bridge or bridges. Such rights shall not be exercised by the city until it has obtained the consent of the North Shore Turnpike Trustees. The city may expropriate any land required for such purpose, in accordance with the provisions of its charter. 1 George V, ch. 47, art. 30. 519. The roads now under the control of the Quebec North Shore Turnpike Trust, and which are now within the city imits shall be maintained by the city and be under its control, 139 -- when the city has built such bridges and opened them for travel. 1 George V, ch. 47, art. 31. THE CITY WATER WORKS. 520 . The corporation of the City of Quebec is authorized to make, erect, construct, repair and maintain, in the city of Quebec, and without the limits of the said city for a distance of fifty miles, water works, together with all appurtenances and accessories necessary to introduce, convey and conduct throughout the said city and parts adjacent a sufficient quan- tity of good and wholesome water, which the said corporation is authorized by the present act to take and distribute for the use and supply of the inhabitants of the said city and for the parts thereto adjacent; and also 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 places or sources of supply thereof ; and also to erect, construct, repair and maintain all the buildings, houses, sheds, engines, water-houses, reser- voirs, cisterns, ponds and basins of water, and other works necessary and expedient to convey water to the said city and parts adjacent thereto: — For this purpose the said corporation may purchase, hold and acquire any lands, tenements and immoveable estates, servitudes, usufructs and hereditaments in the said city, or within a circuit of fifty miles from the limits of the said city; and also to make contracts for the acqui- sition of lands necessary for the said water works; acquire a right of way whenever it may be necessary; pay any damages occasioned by such works either to buildings or lands; enter into and make agreements and contracts with any person for the construction of the said water works in whole or in part; superintend and direct the works completed ; name and appoint an engineer and all officers and laborers necessary, and fix their salaries or wages; enter during the day-time, upon the lands of private individuals for the purposes aforesaid and also make excavations and take and remove stones, soil, rubbish, trees, roots, sand, gravel and other materials and things, but 140 — by paying or offering a reasonable compensation for the said materials and things^ and by conforming in all things with the provisions of this section. 29 Viet., ch. 57, art. 36, parag. 1; 59 Viet., ch. 47, art. 12. 521 . The said corporation may assign and make over, for a period not exceeding twenty years, all the rights and privi- leges conferred by the present section, and may re-purchase them after having been so assigned. 29 Viet., ch. 57, art. 36, parag. 2. 522 . All bodies politic or corporate, or corporate or colle- giate corporations, aggregate or sole, communities, husbands, tutors or guardians, curators, greves de substitution, executors, administrators and other trustees or persons whatsoever, are authorized to sell to the said corporation such lands, tene- ments, servitudes, usufructs and hereditaments, which the said corporation may require for the purpose of the present section, and which they may be possessed of in their present qua- lities; they may also agree with the said corporation in the same way as private individuals, respecting all matters relative to the works mentioned in the tenth and eleventh subsections (art. 524 525 hereafter), of the present section; and all contracts, agreements, references to arbitrators, sentences and verdicts rendered for or against them, shall be equally binding upon those whom they represent, wherever the pro- perty or interests of such may be concerned. 29 Viet., ch. 57, art. 36, parag. 3. 523 . The governor in council may grant or give to the corporation, on such condition as he may deem expedient, beach, lots or ground covered by water, to enable the said corporation more fully to carry this section into effect. 29 Viet., ch. 57, art. 36, parag. 4. 524 . The said corporation shall have power to dig, break up and remove the soil, fences, sewers, drains, pavements, gravelled ways, of any public highways, roads, streets, squares, hills, market places, lanes, open areas, alleys, yards, courts, waste grounds, footways, quays, bridges, gates, tollgates. — 141 — enclosures, ditches, walls, boundaries, and other passages and places, but making or causing no unnecessary damage, and to enter upon and make use of any private lands, and use the same, and to dig and sink branches, and lay and drive pipes, appurtenances and accessories thereof, and to widen common passages, for the laying and fixing of pipes and all such m.atters and things as may be necessary thereto, and necessary to convey the water to houses, or other buildings, and also to alter, repair, replace and maintain such pipes, and other materials, and works, and finally make and do any other act, as shall or may be necessary or expedient for the purposes of the present section. 29 Viet., ch. 57, art. 36, parag. 10. 525. It shall be lawful for the said corporation to pass pipes along the outside of any house or other building, to furnish water to any other property, and open and unpave common passages, and make trenches to lay pipes and other appurtenances and accessories, and in such case shall indemnify the proprietors for any damage occasioned to or sustained by them. 29 Viet., ch. 57, art. 36, parag. 11. 526. Whoever, having the right to do so, shall open or cause to be opened any trench, shall take care to preserve a free and uninterrupted passage through the street or place, while the works are in progress, and shall fill up the trenches and replace the pavement and ground in the same condition as that in which they were before the works were begun, and without unnecessary delay; and shall 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 a fine or penalty of twenty dollars, to be recovered before the recorder’s court, by summary process and upon oath of one credible witness; this fine shall not deprive any person injured by the said excavation of a right to an action of damages against the corporation. 29 Viet., ch. 57, art. 36, parag. 12. — 142 — 527. The said water works and the accessories thereof shall be so located and maintained as in nowise to endanger the public health or safety. 29 Viet., ch. 57, art. 36, parag. 13. 528. Whoever, not having any right thereto and without the authority or permission of the council of the said city, shall take or use, in any manner whatsoever, water from the said water works, shall incur, on conviction for the said offence, before the recorder’s court of the said city, a fine not exceeding one hundred dollars, and in default of payment of the said fine with costs, shall be imprisoned and kept at hard labor, in the common gaol of the aistrict of Quebec, for a period not exceeding three months, unless the fine, costs of prosecution and of imprisonment, be sooner paid. 29 Viet., ch. 57, art. 36, parag. 14. 529. If any person shall bathe, or wash, or cleanse any- thing in any of the reservoirs, cisterns, ponds, lakes, basins or fountains from whence the water to supply the said city is obtained cr conveyed, or shall throw or put any filth, dead carcass, or other noisome or offensive thing therein, or cause, or permit the water of any sink, sewer, or drain, to run or be conveyed into the same, or cause any other annoyance or derangement to be done to the said water, such person shall be liable for each offence to a fine not exceeding one hun- dred dollars of which one-half shall belong to the said corpo- ration, and the other half to the informer, which said fine shall be levied in the manner prescribed by the next preceding subsection; if the said recorder’s court, before which shall be brought any complaint for the commission of any of the offences above mentioned, shall deem it expedient, the offender shall be condamned, in addition to the fine or fines above mentioned, to an imprisonment not exceeding three months in the common gaol of the district of Quebec. 29 Viet., ch. 57, art. 36, parag. 15. 530. All persons whomsoever, other than the riparian owners who shall not be affected by this act, are forbidden — 143 — to use canoes, boats or other vessels for navigating on the river St-Charles above the dam of the city waterworks in the parish of St-Ambroise de la Jeune Lorette; and every person infringing this provision shall be liable to a fine not exceeding one hundred dollars, and in default of payment of such fine and costs to imprisonment not exceeding three months. 1 Ed. VII, ch. 42, art. 8. 531. It is forbidden to float timber on the river St-Charles above the dam of the city waterworks, in the parish of St-Am- broise, when such floating pollutes the waters of the said river. 1 George V, ch. 47, art. 29. 532. Every person operating a saw-mill on the river St-Charles, between lake St-Charles and the city waterworks’ dam in the parish of St-Ambroise or on any tributary of the said river St-Charles or of the said lake St-Charles, is forbidden to throw saw-dust from such mill into or to allow the same to be carried away by the said river or tributary or by the water of the said lake, under penalty of the fine imposed by the act I Edward VII, chapter 42, section .8, which fine shall like wise be recoverable before the recorder’s court of the city of Quebec in the manner provided by law. 2 Ed. VII, ch. 48, art. 7. 533. Every person who knowingly and voluntarily soils or contaminates, in any manner whatever, the water of a well, spring, stream, lake, pond, river or reservoir, used for drinking by men or animals, and every person who voluntarily soils or contaminates the intake of any aqueduct, whether such intake be frozen or not, and every person who deposits in such intake or upon the ice thereof the carcass of any dead animal or any other matter injurious to health, is liable to a fine not exceeding one hundred dollars, and in default of payment, to imprisonment not exceeding two months. R. S. P. Q., art. 3911. 534. If any person shall prevent the said corporation — 144 — or any person employed by the said corporation, from erecting, repairing or completing any of the works of the said water- works, or from exercising any of the powers and rights accorded by this section, or shall embarrass or shall interrupt them in the exercise of such rights, or cause any injury to the said waterworks, apparatus or accessories thereof, or obstruct, embarrass, hinder or prevent the working of the said water- works, or the apparatus 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 recor- der’s court, be punished by a fine not exceeding one hundred dollars, or by an imprisonment not exceeding three months, or by both at once, at the discretion of the said court, without prejudice to the damages caused, which the said corporation may recover, together with costs of suit, by an action before the said court, and the said court shall proceed in the said action as prescribed by the law regulating the said court. 29-30 Viet., ch. 57, art. 43. 535. The said corporation shall have the power to make by-laws or orders prohibiting, upon pain of a fine not exceeding forty dollars, or an imprisonment not exceeding one month, or both, any occupant of a house or any other real property or of any part thereof, supplied with water from the said waterworks from furnishing water to others, or from using it otherwise than for his own use, or for increasing the supply of water agreed for, or from wasting it. 29 Viet., ch. 57, art. 36, parag. 17, no. 1. 536. The corporation shall also have the power to make by-laws or orders, to regulate the time, the mode and nature of the supply of water from the said waterworks, to those to whom it ought to or shall be furnished, the price of the water, the time and mode of payment; and all and every matter or thing having reference to the said waterworks, which it may be necessary or proper to direct, regulate or deter- mine for issuing to the inhabitants of the said city a regular and abundant supply of pure and wholesome water, and to — 145 — prevent the practising of frauds upon the said corporation with regard to the water to be so supplied. 29 Viet., ch. 57, art. 36, parag. 17, no. 2. 537. The said corporation shall have power to appoint one or more inspectors empowered to enter, at all reasonable hours, into any house or building, and upon lands traversed by the water of the said water works, and to examine the cocks, pipes, service pipes, conduits, cisterns, reservoirs, or apparatus placed in such houses, buildings, lands and the dependencies thereof, and such entrances and examinations shall be regulated and determined by the by-laws for this purpose made, or to be hereafter made, by the said corpora- tion, and to which the said inspectors and all other persons residing either permanently or temporarily in the said city shall conform and submit, under such penalties as may or shall be fixed or prescribed by the by-laws, and the fine in such case shall not exceed forty dollars, and the imprisonment shall not exceed two months in the common gaol in the district of Quebec; both these penalties may be imposed together, or one or the other only, at the discretion of the court. 29 Viet., ch. 57, art. 36, parag. 18. 538. As soon as water from the city waterworks is intro- duced into a street, the city shall supply and lay the water pipe from the main pipe in the street to inside the foundation of the house or building wherein such water is to be distributed, if such house or building be erected on the line of the street, and three feet beyond such line if the said house or building be not on the said line. 62 Viet., ch. 57, art. 4. 539. The city shall /ifterward maintain the said water pipe, but if the water freeze in it, or if the tap placed in the cellar by the city be damaged through the fault of the proprie- tor or occupant of the building, and if it be necessary to replace or repair the pipe or tap or to excavate the street to repair the damage, the cost thereof shall be borne by the proprie- tor. 62 Viet., ch. 57, art. 5. 10 — 146 — 540. In the case of immoveable properties wherein water from the waterworks is not introduced, the tax for the said water shall be three cents in the dollar on the annual assessed value of such properties. 62 Viet., ch. 57, art. 6. 541. In the case of immoveable properties wherein water from the water-works has been introduced, the tax for such water shall be twelve and a half cents in the dollar on the annual assessed value of such properties, whether the proprie- tors thereof consent or do not consent to receive the said water or to make use of the same. 62 Viet., ch. 57, art. 7. 542. The said tax for water from the waterworks is over and above the special taxes which have been or may be imposed for the use of the water for animals or for other purposes established by law or by the by-laws of the city council. 62 Viet., ch. 57, art. 8. 543. At the same time that the water is introduced into a street, the city shall also lay the drains therein, including the pipes between the main sewer in the street and the build- ings, as in the case of the water-pipe. 62 Viet., ch. 57, art. 9. 544. If, after the laying of the lateral drains, it should become necessary for any reason whatsoever to excavate a street for the purpose of repairing or replacing them, no such excavation shall be made by a citizen until he has first obtained permission from the m.anager of the water-works and it shall be made at the expense of such citizen, unless it be established by the manager of the water-works, after being put in default so to do, that such repairs are rendered necessary through some cause arising from the main sewer in the street. 62 Viet., ch. 57, art. 10. 545. No municipality shall take or allow proceedings, and no corporation, company or person shall take proceedings to carry out public or private drainage works before submitting — 147 — the plans to the board of health and obtaining its approval. R. S. P. Q., art. 3909, 1st parag. 516. If the annual assessed value of a property or of any portion of a property is less than forty dollars, the pro- prietor shall pay to the city an annual specific tax of five dollars for water from the water-works. 61 Viet., ch. 52, art. 22. 547. The said council, by one or more by-laws to be made as aforesaid, may impose a tax or special taxes on each horse, cow or other animal supplied with water from the said water works; or 2. On each steam-engine fed by the water of the said water works, and on each other engine worked by the said water; or 3. On each court house, gaol or other public establishment supplied with the water of the said water works; or 4. On each theatre in the said city; or 5. On each hotel, boarding-house, coffee-house, restau- rant or other house of pul)lic entertainment in the said city to which the water of the said water works is supplied or may by supplied according to law; or 6. On all breweries, tanneries and other manufactories supplied with water for the purposes of their manufactories. 29 Viet., ch. 57, art. 36, parag. 21. 548. On each water-closet an amount of not exceeding five dollars per annum. 31 Viet., ch. 33, art. 13. 549. In each and every case in wdiich any tax or rate for water heretofore imposed by any by-law, or which may hereafter be imposed by the said council, by virtue of the preceding subsections, shall not have been paid within the thirty days following the day on which such tax or rate shall have become due and payable, the said council may order the stoppage or suspension of the supply of water to any such person, institution, establishment, house or building — 148 — hereinabove mentioned, by whom the said tax or rate may be due. 29 Viet., ch. 57, art. 36, parag. 22. 550 . Notwithstanding the stoppage or suspension of the said supply, the said tax or rate shall continue to be due, in future, in the same manner as if the said supply were con- tinued. 29 Viet., ch. 57, art. 36, parag. 23. 551 . The cost of stoppage or suspension of the said supply shall be paid by the person, institution or establishment in arrear aforesaid. 29 Viet., ch. 57, art. 36, parag. 24. 552 . The said corporation shall have the right to notify any proprietor, tenant or occupant of the brewery, distillery, manufactory, livery stable, hotel, or any building or property in which any steam-engine shall be used, or any building or property in which it shall be considered that there is, or ought to be, more than an ordinary consumption of water, that the corporation does not intend to furnish him with water from the said water works at the ordinary price, and thereupon the said corporation shall and may cease to furnish water to the said proprietor, tenant or occupant, who shall also cease to be held liable for the payment of the said rate or assess- ment with regard to such property; but the said corporation and the said proprietor, tenant or occupant, may enter into an agreement, with respect to the rate or price at which the said water shall or may be furnished to the said property; and any such agreement, being reduced to writing and signed by both parties, shall be valid and binding. 29 Viet., ch. 57, art. 36, parag. 27. 553 . Hereafter the council shall not have power to make any contract for the supply of water to be furnished to any brewery, distillery, tannery or other buildings mentioned in subsection twenty-seven of the said section thirty-six, for manufacturing purposes, or for workshops or industrial esta- blishments, for a longer period than five years. 29-30 Viet., ch. 57, art. 44. — 149 — 554. The officers appointed by the council shall, at all reasonable times, have the right to enter upon the premises, in respect of which any such agreement has heretofore been made or may hereafter be made, to see that the quantity of water stipulated for by the agreement and no more is fur- nished to the property, and the said council may, in their discretion, cause tanks calculated to contain such stipulated quantity and no more, to be erected on such property, and cause the same to be filled daily by their officers, and all further supply of water to be cut off from the premises. 29 Viet., ch. 57, art. 36, parag. 28. 555. The said council is hereby authorized to cause hydro- meters to be placed for the purpose of regulating, determining and measuring the quantity of water to be supplied by the said water works, either to every house or building to which the said water is or may be supplied, or to every public insti- tution, court-house, gaol, house of public entertainment of whatsoever nature, or boarding house; or to every distillery, factory, manufactory, establishment, or art, trade, commerce or industry of any nature whatsoever, in the exercise of which the water of the water works is or may be used, or to any one of the same; and the said council may for the purpose adopt any by-law which it may deem necessary. 29 Viet., ch. 57, art. 36, parag. 29. 556. Nevertheless, the city shall be bound to place hydro- meters, to regulate, determine and measure the quantity of water to be supplied by the said water works to any insti- tution or religious or teaching community, already exempted by law from taxation, situate within the limits of the said city, which shall apply therefor in writing, and to supply them water, as aforesaid, at a rate fixed by the city council, but not to exceed sixty cents per thousand gallons of water, except charitable institutions supported by public subscriptions, such as the Sceurs de la Charite de Quebec, the Asylum of the Good Shepherd, Quebec, Jeffery Hale Hospital, St-Bridget’s Asylum, and the Ladies’ Protestant Home, for whom the rate , 150 — shall not exceed twenty-five cents per thousand gallons of water. The institutions or communities which shall have obtained hydrometers, as above provided for, shall pay to the city the cost thereof and place them in position at their own expense; and the city shall have the right to inspect the hydrometers whenever they deem it expedient so to do. 57 Viet., ch. 58, art. 28; — 59 Viet., ch. 47, art. 13. 557. It may compel each and every proprietor, tenant or occupant of any house or building; or each and every person, public institution, court-house, gaol, hotel, house of public entertainment of any nature whatsoever, boarding house, brewery, distillery, manufactory, art, trade, commerce or industry whatsoever, as aforesaid, to pay for the fitting up and rent of any hydrometer, such sum as may be determined by such by-law. 29 Viet., ch. 57, art. 36, parag. 30. 558. All actions or suits against any one whomsoever, for anything done under this section, respecting the water works shall be instituted within six months after the commis- sion of the act or thing done, or in case of damages, within six months after the damage shall have been done, and the defendant may plead the general issue, offer the present act in proof, and allege that the act or thing was done under the authority of the present act, and if this shall appear to be the case, or if the action shall have been brought after the delay fixed by this subsection, judgment shall be rendered in favor of the defendant, with treble costs against the plaintiff, who shall also be bound to pay them in case where he shall make default, or discontinue the action or suit, and such costs shall be levied in the ordinary way. 29 Viet., ch. 57, art. 36, parag. 35. 559. And whereas difficulties have arisen as to the correct interpretation of the words “occupied house and store’’ in the acts relating to the water works of the said city: it is hereby declared and enacted that the words “occupied house or houses” in the section of this act, relating to the water — 151 works, and in the by-laws of the council of the said city, have signified, do signify, and shall signify any house occupied as a dwelling or for any other purpose whatever, except as a store; and the words “store and other similar buildings” in the said act and by-laws have signified, signify, shall be held to and will signify in the said section of this act, any building whatever used for storage and sale by wholesale only of mer- chandize and effects, notwithstanding any matter, thing or enactment contrary thereto in the said act, section or by-laws contained. 29 Viet., ch. 57, art. 36, parag. 36. 560 . Judicial or other sales of lots, the official cadastre numbers of which cover lands belonging to the city for the purposes of its ^vater works, or used for the purposes thereof, shall not affect the rights of the city in or to such lots. 59 Viet., ch. 47, art. 14. 561 . Every action, suit or claim against the city for dama- ges is prescribed by six months, counting from the day wdien the right of action arose, any article or provision of the civil code to the contraiy notwithstanding. But no such action, suit or claim can be instituted unless a notice containing the particulars of such claim and the address of the domicile of the claimant, be previously given to the said city within thirty days from the date on wiiich the accident happened, and no such action or suit can be taken before the expiration of thirty days from the date of such notice. The default to give the above notice shall not deprive the victims of accidents of their right of action, if they prove that they w^re prevented from giving such notice by irresistible force or for other reasons deemed valid by the judge or the court. 7 Ed. VII, ch. 62, art. 45. INTERPRETATION 562 . This act shall not in any manner affect the powders and authority of the Trinity House of Quebec, but the said - - 152 — council shall exercise exclusive jurisdiction over the whole limits mentioned in the third section of the present act : 2. This act shall not affect in any manner the rights of Her Majesty, Her Heirs and Successors; 3. Whenever the following words occur in this act they shall be understood as meaning as follows : 4. The word ‘‘governor” shall mean the Governor General of the province of Canada, or the person administering the go- vernment thereof ; 5. The words “council,” “city council,” shall mean the council of the corporation of the city of Quebec, unless the context necessarily or plainly indicates a different meaning; 6. The words “mayor,” “alderman,” “aldermen,” [“coun- cillor,” “councillors,”] “members of the council,” “treasurer,” “city treasurer,” “clerk,” “city clerk,” shall mean that the same are respectively the mayor, aldermen, [councillors,] members of the council and the treasurer and clerk of the corporation of the city of Quebec; 7. The words “corporation,” “said corporation,” shall mean the corporation of the said city of Quebec; 8. The words “recorder’s court,” shall mean the recorder’s court of the city of Quebec; and the words “recorder,” “said recorder,” shall mean the recorder of the city of Quebec; 9. The word “act,” shall also mean and comprehend the word ordinance; 10. The words “city,” or “said city,” mean the corpora- tion of the city of Quebec, in conformity with the provisions of this act ; 11. All words employed in the singular number, or in the masculine gender only, shall mean one or more matters and things of the same kind, and one or more persons, men and women; and bodies corporate, as well as private individuals, unless the contrary shall be specially stated, or that the context plainly or necessarily conveys a different meaning; and the word “shall,” shall be considered imperative, and the words “shall not,” shall be prohibitory, and the word “may,” shall be permissive. 29 Viet., ch. 57, art. 39. 153 - 563. All formalities prescribed by law, with reference to any matter or thing required to be done by the council of the said city, or by its officers, or by the assessors of the said city, or by any of them, shall be presumed to have been done and executed until proof to the contrary. 33 Viet., ch. 46, art. 22. 564. If the day on which any thing is to be done in con- formity with this act is non-juridical day, such thing may be done with equal effect on the next juridical day thereafter. 33 Viet., ch. 46, art. 16. 565. This act shall be a public act. 29 Viet., ch. 57, art. 39, parag. 17. RECORDER'S COURT OF THE CITY OF QUEBEC COMPOSITION. 566. There shall be a court of record in the said city of Quebec, to be called the ‘‘Recorder’s court of the city of Que- bec.” 24 Viet., ch. 26, art. 1. 567 . The said court shall be held daily in the town hall of the said city, or in such other building or place as shall be set apart for the purpose by the council of the said city. 24 Viet., ch. 26, art. 5. 568. The said court shall be held by the recorder, or, in the event of his absence. or inability to act, for any cause whatso- ever. or when there is no recorder, by the mayor of the city, or by the mayor with a member of the council, or by two mem- bers of the council, or by a single member of the council, provi- ded that, in the latter case, such member of the council be an advocate. 58 Viet., ch. 49, art. 25. 569. The said recorder’s court may be held everyday, and may sit as many times as may be necessary each day after adjournment in contested matters, and without adjourn- ment or notice in non-contested, penal and other matters. 61 Viet., ch. 52, art. 1. — 155 — 570. The recorder of the city of Quebec shall be a barrister of Lower Canada, of at least five years standing, and shall be appointed by the crown during good conduct, he shall be ex officio a justice of the peace in and for the city and district of Quebec. 24 Viet., ch. 26, art. 6, parag. 1; 59 Viet., ch. 48, art. 3, parag. 1. 571. He may be dismissed by the lieutenant-governor on a joint address of the legislative council and legislative assem- bly. 59 Viet., ch. 48, art. 3, parag. 2. 572. His salary shall be four thousand dollars a year payable monthly in equal instalments, out of the funds of the city. If the recorder, after having served for fifteen years, resigns, or if, while in office he becomes afflicted by some per- manent infirmity which prevents him from performing his duties, the city shall pay him a pension equal to three fourth’s of the salary he was receiving at the time of his resignation or disability, as the case may be, and such pension, which shall begin to run immediately after his resignation or disability, shall be paid him during his life time, and shall be exempt from seizure. This paragraph shall apply to the present recorder as well as to his successors. 1 George V, ch. 46, art. 1. 573. In case of the sickness or absence, or of legal recusa- tion, of the recorder, the crown, on the application of the council of the said city, shall appoint a deputy recorder, who shall also be a barrister of Lower Canada of at least five years standing. 24 Viet., ch. 26, art. 6, parag. 3, as amended by 34 Viet., ch. 11, art. 4. 574. The said deputy, while acting as such, shall have and possess in all respects all the powers and authority conferred upon the recorder by this act. 24 Viet., ch. 26, art. 6, parag. 4. 156 — CLERK HIS DUTIES. 575. The clerk of the said recorder’s court shall be appoint- ed by the council of the said city during pleasure. The person so appointed shall be a barrister of Lower Canada. 24 Viet., ch. 26, art. 18, parag. 1 and 2. 576. The said clerk shall appoint a deputy whom he may dismiss and replace at pleasure, and suqh deputy shall be a person competent to act as such, and subject to the approval of the mayor. 24 Viet., ch. 26, art. 18, parag. 3. 577. So long as he holds office, the said deputy shall fulfil all the duties, and shall be invested with all the powers imposed or conferred by this act on the clerk of the said court. 24 Viet., ch. 26, art. 18, parag. 4. 578. The writing containing the appointment of such deputy shall be acknowledged before the recorder or before the mayor of the said city, and shall be deposited and remain of record in the office of the clerk of said court. 24 Viet., ch. 26, art. 18, parag. 5. 579. In the event of the clerk of the recorder’s court and his deputy being absent or unable to act, the mayor may appoint another deputy clerk to replace them temporarily. 58 Viet., ch. 49, art. 26. 580. The clerk of the said court shall prepare and make out all the summonses, orders, writs and warrants whatsoever, which shall be issued, out of or by the said court. 24 Viet., ch. 26, art. 19, parag. 1. 581 . He shall enter daily, and in a succinct manner, in a register which shall be kept for that purpose, the proceedings had in each cause or complaint brought in the said court, and he shall register at length the judgments, others and convictions rendered and pronounced by the said court. 24 Viet., ch. 26, art. 19, parag. 2. — 157 — 682 . The clerk of the saidjrecorder’s court shall conduct 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. 29-30 Viet., ch. 57, art. 54. E83. The said clerk shall keep a record of all convictions pronounced by the said recorder’s court; setting forth the names of the defendants, the nature and date of the offence, the date of the conviction, the amount of the fine or other penalty imposed ; and such record shall suffice, notwithstanding any law or usage to the contrary. 29-30 Viet., ch. 57, art. 55, parag. 1. 584. In the event of the death of the said clerk, the deputy clerk shall continue to act as such, until another clerk shall have ])een appointed by the council. 29-30 Viet., ch. 57, art. 55, parag. 2. 585. The clerk of the recorder’s court or his deputy shall discharge all and singular the duties imposed by the third section of the one hundred and eleventh chapter of the conso- lidated statutes for Lower Canada, in so far as the said chapter may apply to the said recorder’s court. 33 Viet., ch. 46, art. 25. {^ee now R. S. P. Q., art. 3572, parag. 9 and 10, and art. 357 Ji, 3575, 3576.) 586. The said clerk shall be governed at all times by the orders he may receive from the recorder or from the said recorder’s court, as to management, administration, keeping and arrangement of the office of the court, and shall be under the exclusive control of the said recorder as to all matters relating to his office; the said recorder may suspend the said clerk from his functions, and report such suspension to the mayor of the city; such suspension shall not take place except for a violation by the said clerk of the duties and obligations imposed on him by the law; and during such suspension the deputy clerk shall discharge the duties of the said clerk. 29-30 Viet., ch. 57, art. 56, parag. 1. — 158 — 587. The mayor shall communicate the report of the recorder to the council, who may dismiss the said clerk. 29-30 Viet., ch. 57, art. 56, parag. 2. 588. The said clerk and his deputy shall take an oath of office before the said recorder’s court; and the said oath shall be inscribed on the back or other part of the document appoint- ing such clerk or deputy clerk. 29-30 Viet., ch. 57, art. 56, parag. 3. BAILIFFS. 589. The council of the said city shall appoint from time to time, by resolution, a sufficient ri umber of persons competent to fulfil the duties of bailiffs of the said recorder’s court, and the said council may dismiss such persons at any time, and appoint others in their stead. 24 Viet., ch. 26, art. 20, parag. 1. 590. Upon such appointment being made, the mayor of the said city, shall issue commissions appointing such persons bailiffs of the said court, under the seal of the city, and signed by himself and by the clerk of the said city. 24 Viet., ch. 26, art. 20, parag. 2. 591. Every bailiff shall take an oath of office in the said recorder’s court. 24 Viet., ch. 26, art. 20, parag. 3. 592. Every bailiff, the bearer of a writ of summons, or writ of execution, or of any other writ issued out of the said court, shall make a return under his oath of office of all proceed- ings taken by him in relation to such writ, and such return shall suffice for all purposes whatsoever. 24 Viet., ch. 26, art. 20, parag. 4. — 159 — POWERS AND JURISDICTION OF THE COURT. In penal and civil suits. 593 . The said court shall cause order to be maintained during its sittings, and may punish by fine or imprisonment, or by both, any person guilty of contempt of the said court during the sittings and in the presence of the said court. 24 Viet., ch. 26, art. 16. 594 . Articles 7, 8, 9, 17, 18, 19, 21, 22, 125, 126, 128, 129, 131, 132, 133, 134, 136, 137, 138, 139, 140, 141, 142, 143, 144, 147, 148, 151, 152, 215, 236, 519, 639, and 679 to 697, inclusi- vely, of the code of civil procedure apply, mutatis mutandis, to the recorder of the said city and to the said recorder’s court. 61 Viet., ch. 52, art. 4. 595 . The said court shall have original jurisdiction over, and shall hear and decide summarily: Any action brought by the corporation of the said city, for the recovery of any sum or sums of money due to the said corporation, for any tax, assessment, impost or duty whatso- ever, legally imposed by any by-law now in force in the said city, or that may hereafter be passed by the council of the said city; Any action for the recovery of any sum, tax, assessment, impost or duty now imposed, or to be hereafter imposed or levied in and upon the said markets ; Any action for the recovery of any sum of money or revenue whatsoever, which may be due and payable to the said corporation, for any supply of water, given or furnished by the Quebec water works, in or to any house, buildings or depen- dencies, or given or furnished, to or for the use of any person or persons in the said city; Any action for the recovery of the costs of introducing any pipe or pipes from the said water works, into any house, building or dependency in the said city, and at the instance of. — 160 — or for use and benefit of any person or persons in the said city; Any action for enlarging, maintaining and repairing, altering or removing any such pipe, in any such house, build- ing or dependency; Any action for the recovery of any sum or sums of money paid by the owner or proprietor of any immoveable property within the said city for water rate or for any other tax, assess- ment, impost or duty whatsoever for and on account of his lessee, or agreed to be paid or satisfied by the said lessee accord- ing to the terms of his lease or otherwise. 24 Viet., ch. 26, art. 3. Any action for the recovery of the wages of servants, apprentices, domestics or persons engaged by the day, or for damages arising therefrom, when the p mount does not exceed twenty-five dollars. 59 Viet., ch. 58, art. 1. 596. The said recorder’s court shall also have summary jurisdiction in cases of lease, use and occupation of stalls, markets, cattle stands or other immoveable property of the said corporation for the recovery of the rent or of the sum due to the said corporation for the use and occupation thereof, and in every other case where in law the lessor or proprietor has a right to demand the resiliation of the lease or the eject- ment of the tenant or occupant, in conformity with the provi- sions of article 1624 of the civil code of Lower Canada. 2. And the said court and the said recorder shall have and exercise for this purpose, all the powers and jurisdiction granted in this respect by law to the superior or circuit courts or to the judges thereof.^ 34 Viet., ch. 11, art. 3. 597. The said recorder’s court and the said recorder, v/ith 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, — 161 — or any exception, 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 powers and authority which would be enjoyed in such cases by the superior or circuit court of Lower Canada^ and the judges of the said courts, if such actions, matters or proceedings had been instituted or brought before the said superior or circuit court instead of before the said recorder s court. 29-30 Viet., ch. 57, art. 58. 598. The said recorder’s court shall have power to make a tariff of the costs and fees to be demanded and levied by the clerk, the bailiffs and other officers of the said court, and may repeal, alter and amend such tariff; but the said tariff and the amendments thereto shall not be binding until the same shall have been approved by the governor in council. 29-30 Viet., ch. 57, art. 59. 599. The said recorder’s court shall have the power to grant fees to the advocates or counsel practising before it in every civil suit, in all cases where complaint has been made or proceeding taken by a private individual either in his own name or in the name of the said corporation. The said court may also make a tariff of the said fees, subject nevertheless to the approval of the lieutenant-governor in council. 34 Viet., ch. 11, art. 5. 600. In every prosecution for fine or penalty instituted as mentioned in the preceeding section, (art. 598) the said court may in its discretion, if such prosecution be dismissed, condemn such private prosecutor to pay all the costs incurred in such prosecution, and in default of payment, order that he be imprisoned for a term not exceeding one month, unless the said costs and costs of imprisonment be sooner paid, or direct the levying of such costs by a writ of seizure and execu- 11 — 162 — tion against goods and chattels of the said prosecutor as in civil matters. 29-30 Viet., ch. 57, art. 60; — 34 Viet., ch. 11, art. 6. 601. The recorder’s court may use its discretion in award- ing or withholding costs, or ordering each party to pay his owm costs. 33 Viet., ch. 46, art. 24. 602. Every fine and penalty imposed by the said act, or by the present act, for the punishment of any offence com- mitted against the provisions of the said act, or of this act, or of any by-law in force, or which shall be in force in the said city, shall (unless it be otherwise expressly provided by the said act, or this act,) be sued for before the said recorder’s court, and heard and decided in a summary manner, in con- formity with the law regulating the said court, and enforced by the payment of the fine and costs, or in default of payment, by the imprisonment of the defendant for a period not exceed- ing two months, in the discretion of the said court, unless the fine and costs, together with the costs of imprisonment, be sooner paid, notwithstanding anything to the contrary jn the said by-laws. 29-30 Viet., ch. 57, art. 45, 1st parag. 603. The said 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 of the act twenty- ninth Victoria, chapter fifty-seven, or against the provisions of this act or the by-laws now in force or which shall here- after be in force in the said city. 29-30 Viet., ch. 57, art. 50, parag. 1st. 604. The said court may take cognizance of and determine all offences mentioned in articles 2782 to 2794, {now art. 3578- 3590 of R. S. P. Q., of 1909) inclusively, of the revised statutes of this province in so far as such provisions are applica- — 163 — cable to the city; and article 2782 {now 3578) of the revised statutes shall apply to the recorder, mutatis mutandis. 61 Viet., ch. 52, art. 3. N. B. See note under article 457 heretofore. 605. In all cases of offences as aforesaid, and in all cases of offences committed against the by-laws of the said city now in force, or which hereafter shall be in force, the said recorder’s court may summon the offender from any place within any of the districts of Quebec, Beauce, and Mont- magny, to appear before the said court, or may issue a warrant against him to bring him before the said court. 29-30 Viet., ch. 57, art. 50, parag. 2, as modified by 33 Viet., ch. 46, art. 20. PROCEEDINGS IN PENAL SUITS 606. Every summons, order, writ or warrant of any nature whatsoever, issued out of or by the said court, shall run and be in the name and style of His Majesty, His Heirs or Succes- sors; they shall be sealed with the seal of the said court and be signed by the clerk of the said court. 24 Viet., ch. 26, art. 7. 607. In all cases where a person is arrested on view by a police constable, it is not necessary . that the complaint be reduced to writing, but a verbal complaint under oath, made before the said court by the constable who has arrested such person, shall be deemed a sufficient complaint. If such person demand that the complaint be reduced to writing, the clerk shall reduce it. 61 Viet., ch. 52, art. 5. 608. V/henever the recorder’s court, on the trial of the holder of a carter’s licence, or a driver of a vehicle for the owner of such licence, for a penal offence committed in the exercise of his calling of a carter, finds the conduct of the defen- — 164 — dant as a carter is unworthy and contrary to good order, it may order the cancelling of such licence or the suspension thereof for an indefinite period, during which such licence cannot be used. 57 Viet., ch. 58, art. 23. 609. All actions instituted by the corporation in virtue of the present act or any other act relating to the said city, or of any by-law, rule, order or regulation, in force in the said city, shall, when the fine and penalty belongs to the corporation, be brought in the recorder’s court of the city of Quebec and not elsewhere, in the name of The city of Quebec. 29 Viet., ch. 57, art. 38, par. 5; 51-52 Viet., ch. 78, art. 1. 610. The said recorder, or the said recorder’s court, on the complaint made under oath of any father, mother, tutor or guardian of any minor child of either sex, that such minor has without reasonable cause, abandonned or left the domicile of his or her father, mother, guardian or other person entrusted with the care or keeping of such minor, and that such child is concealed or living in any place whatsoever within the district of Quebec, may cause to issue from the said court a warrant for the arrest of the said minor, and directing that he or she be brought before the said court; and the said court, after hearing the parties or their attorneys, shall, if it deem it just, order the said minor to return to the domicile of such father, mother, tutor, guardian or other person aforesaid; the said warrant may be addressed to the sheriff of the district or to a bailiff of the superior court or of the said recorder’s court, or to a police constable. 3 Ed. VII, ch. 61, art. 12. 61 i. Any master or mistress, or any person being master or mistress of a house of prostitution, house of ill-fame, disorderly house, or house reputed to be so, who shall receive, lodge, keep, or conceal, or who shall detain by compulsion in any such house, a minor female child, or who shall incite or induce in any manner or by any means whatsoever, a female minor to — 165 abandon or leave the dwelling of her father, mother, tutor, guardian or other person having the care or charge of such minor, and to live, reside or stay in a house of prostitution, house of ill-fame, disorderly house or house reputed to be so ; or Any person who shall invite or induce in any manner or by any means whatsoever a female minor to commit any of the acts mentioned in the present section, may on complaint under oath before the said recorder’s court, by the father, mother, tutor, guardian, or person having the care or keeping of such minor, or of any relative or friend of such minor, be arrested and brought before the said recorder’s court, and on summary conviction of the offence before the said court, shall be condemned to pay a fine not exceeding two hundred dollars, or to imprisonment for a period not exceeding six months, or to both fine and imprisonment, in the discretion of the said court. 29-30 Viet., ch. 57, art. 62, par. 2 and 3. The complaint, in the cases above mentioned, may also be made by any person taking an interest in such minor child or female minor. 8 Ed. VII, ch. 83, art. 6. 612. The said court may, by writ as aforesaid, summon any person accused of any offence against the provisions of any act or by-law, rule or order as aforesaid, or from whom any sum of money is claimed for any one or more of the causes aforesaid, and such writ of summons shall set out the grounds of the action or complaint, in a succinct and explicit manner, and shall be served upon the defendant by a bailiff or constable as hereinafter provided, by leaving a certified copy of such writ either with the defendant personally or at his domicile, speaking to some grown member of the family of the said defendant. 24 Viet., ch. 26, art. 8. 613. Whenever any person is accused of an offence against the provisions of the charter or of a by-law of the city, and the person so accused is not taken and arrested on view, he may — 166 — be summoned by a writ of summons to appear before the said recorder’s court to answer unto the complaint clearly and succinctly set forth in the said writ. Such writ of summons shall be served by any bailiff or peace officer, provided, however, that, in the case of an offence punishable by fine or imprison- ment under the charter or by-law, as aforesaid, proceedings may be taken against the offender, either by writ of summons, as aforesaid, or by a warrant of arrest issued by the recorder on an affidavit laid before him. 8 Ed. VII, ch. 83, art. 3. PROCEEDINGS IN CIVIL SUITS. 614. The recorder’s court of the city of Quebec may sum- mon to appear before it any person residing within the limits of the province of Quebec, who may be indebted to the corpo- ration of the said city for assessments, taxes or municipal dues of whatsoever nature. 34 Viet., ch. 11, art. 1, Irst par. 615. In any civil action there shall be an interval of at least two clear days between the service of the writ of summons and the day of its return into court. 24 Viet. ch. 26, art. 9. If the defendant reside outside the city, the delay is enlar- ged by one day for every fifty miles distance from the city. 2 Ed. VII, ch. 48, art. 8. 616. The delay of summons in the case of seizure by gar- nishment after judgment (saisie arret apres jugement) shall be the same as that in ordinary civil actions issued by the recorder’s court. 34 Viet., ch. 11, art. 2; 55-56 Viet. ch. 50, art. 9. If the defendant resides within the limits of the district — 167 - of Quebec, the service may be made by any bailiff of the said court or of the superior court. 34 Viet., ch. 11, art. 1, 3rd par. 617. When the defendant resides outside the limits of the district of Quebec, but within the limits of the said province, the service of the writ of summons shall be made by the sheriff or a bailiff of the superior court of the district in which the defendant is so resident. 34 Viet., ch. 11, art. 1, 4th par. 618. In every suit before the recorder’s court of the city of Quebec for a sum of money due to the city, if a bailiff make a return to the court that the defendant has no known domicile in the city, and that, from information obtained by him, he has been unable to find where such defendant resides, and that he has in consequence been unable to serve the writ of summons on him, such defendant may be summoned by public notice published in the newspapers according to law. 63 Viet., ch. 48, art. 11. 619. If any person summoned to appear before the said court, as defendant, as witness, as garnishee, or otherwise, does not appear in person or by attorney, then proceedings by default are taken against such person. 61 Viet., ch. 52, art. 6. 620. In cases of prosecutions for offences, if the summons is effected by a constable or police officer, the service is proved in open court by the oath of such constable or police officer. 61 Viet., ch. 52, art. 7. 621. If the defendant appears, the court shall cause the plea put in by him to the action or complaint to be entered; it shall hear the witnessess produced by the parties, and shall decide in conformity to law and justice, awarding costs to the successful party. 24 Viet., ch. 26, art. 10, par. 2. 168 — 622. If the defendant confesses judgment either in person or by attorney, the court, if the confession of judgment is accep- ted by the plaintiff, shall cause judgment to be entered in con- formity with such confession, in case of prosecution or complaint for any offence against the provisions of any act or by-law as aforesaid; if the defendant pleads guilty the court shall declare the defendant convicted. 24 Viet., ch. 26, art. 10, par. 3. 623. The said court may grant a delay of not less than one month nor more than three months, to any defendant who con- fesses judgment after the return of the action brought against him. 24 Viet., ch. 26, art. 10, par. 4. 624. If in a complaint or summons made for an offence within the jurisdiction of the said recorder’s court, the prose- cutor negatives any exemption, exception, proviso or condition in the statute or by-law on which such complaint or summons is founded, it shall not 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 such exemption, excep- tion, proviso or condition, in his defence, if he would take advantage of the same. 29-30 Viet., ch. 57, art. 57. 625. In all cases where in any summons or process in civil or penal matters there shall be variance between the allegation and the proof relative to the Christian or surname, the addition, description, or residence of any party mentioned in such sum- mons or process, or to any other fact alleged in such summons or process, the said court may at any stage of the case, before, during or after the enquHe, or before judgment or conviction, or at the request of an interested party, direct the amending of such process or summons, if necessary, and allow the adverse party a sufficient delay to prepare a defence to the summons or 169 — process so amended, if the party require it for the ends of justice. 29-30 Viet., ch, 57, art. 61. 626. The said court shall have power to compel witnesses to appear in any action, prosecution or complaint, pending before the said court, and answer all legal questions put to them. 24 Viet., ch. 26, art. 11. 627. The court may permit and require interrogatories on fails et articles or the serment decisoire or judiciaire to be put to any party to a cause in all cases in which such interrogatories or oath are alloAved by law in the ordinary courts of civil jurisdiction in Lower Canada. 24 Viet., ch. 26, art. 12, par. 1. 628. The court shall have power to compel the execution of and to force obedience to any writ, order, warrant, or sum- mons issued as aforesaid by the said court, and to that end it shall be invested with all the powers and authorities enjoyed in that respect by the ordinary courts of civil and criminal jurisdiction in Lower Canada. 24 Viet., ch. 26, art. 12, par. 2. 629. In any civil action the said court shall, as regards the admissibility of oral testimony and the competency and the number of witnesses, follow the rules prescribed in that respect by the law in relation to civil matters, unless it be otherwise provided by this act. 24 Viet., ch. 26, art. 13. 630. In any civil action or proceeding, or in anyproce- cution or complaint for any offence committed against any by-law of the said city, or against the provivions of the acts here- inbefore cited, any councillor of the said city, (excepting the mayor or councillors sitting in the said court), and any employee, officer or servant of the said corporation shall be a competent witness, provided he has no direct interest in the result of such — 170 — action, prosecution or complaint, or is not incompetent from any other cause. 24 Viet., ch. 26, art. 14, par. 1. 631. Any assessment, tax, duty or sum of money due to the said corporation as aforesaid, and any penalty or fine which may be claimed or sued for in the said court, shall be recoverable on the oath of one competent witness, and any person accused in the said court, of any offence within the cognizance of the said court, may also be condemned on the oath of one credible witness. 24 Viet., ch. 26, art. 14, par. 2. 632. Any person examined before the said court as a wit- ness or as a party, who shall wilfully and knowingly give false testimony, or make a declaration knowing it to be false, in any cause pending in the said court, or in any proceeding what- soever had in the said court, shall be guilty of perjury, and shall be liable to the pains and penalties of wilful and corrupt perjury. 24 Viet., ch. 26, art. 14, par. 3. 633. The depositions of the parties or of the witnesses, both in civil cases and in cases of complaint or prosecution for offences as aforesaid, shall not be reduced to writing, but the said court shall take such notes of the said depositions as it shall consider requisite and necessary. 24 Viet., ch. 26, art. 15. 634. When the owner of an immoveable property situate within the city of Quebec, and liable by privilege to the city for taxes or assessments, is unknown or uncertain, the city may apply, by simple petition, to the recorder’s court of the city, for the sale of such immoveable; and, for that purpose, articles 1026 to 1036, inclusively, of the code of civil procedure apply, mutatis mutandis^ to the said court, which has all the powers conferred on the superior court by the said articles. 61 Viet., ch. 52, art. 10. -- 171 — CERTIORARI 635. Every petition to obtain a writ of certiorari to revise a judgment of the recorder’s court of the city of Quebec, shall, in future, be presented to the superior court during the next term of the said court or to one of the judges thereof, within eight days after the date of the said judgment, and if the said writ of certiorari is allowed, it shall be made returnable within the eight days following that upon which it was so allowed, in default of which the said judgment of the said recorder’s court may be carried into execution. 45 Viet., ch. 27, art. 1. 636. The notice, given to the recorder and to the opposite party, of such application for certiorari, shall, in such case, be accompanied by a certificate from the prothonotary of the said superior court, establishing that the petitioner has depo- sited in the hands of the said prothonotary a sum of twenty- five dollars, as security for the costs of the opposite party, in the event of the petition being refused or the WTit of certio- rari set aside with costs. 45 Viet., ch. 27, art. 2. OTHER GENERAL PROVISIONS. 637. All fines and penalties sued for, imposed, levied or recovered in the said recorder’s court, under and by virtue of any statute, now or hereafter to be in force, shall belong to and form part of the general fund of the said city; any law to the contrary notwithstanding. 29 Viet., ch. 57, art. 38, par. 6. 638 To the council alone shall appertain the right of remitting the whole, or part of any fine belonging to the said city, as well as of the costs of the suit occasioned by the prosecu- tion for the said fine. 29 Viet., ch. 57, art. 38, par. 7. 172 — 639. This remission shall be made, in each case, by a simple resolution adopted by the majority of the council, on a petition presented to the said council, for that purpose, by the persons asking for such remission, and not otherwise. 29 Viet., ch. 57, art. 38, par. 8. 640. And no such fine, after conviction or judgment, shall be remitted in whole or in part by the said council, except with the approval of the recorder of the said city, given to 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. 29-30 Viet., ch. 57, art. 45, 2nd par. 641. The mayor or any member of the said council who shall infringe the provisions of the two next preceding subsec- tions, or any officer of the said council, who shall receive any sum due to the said council, without the costs which shall have been incurred at the time of the payment of the said sum, shall incur a fine not exceeding twenty dollars for each offence, which shall be ^ued for and recovered before the said recorder’s court, as hereinabove set forth. 29 Viet., ch. 57, art. 38, par. 9. 642. Any remission of any fine, or of any sums or costs, in violation of the provisions of this section, shall be consi- dered as null and no of effect, to all intents and purposes what- soever. 29 Viet., ch. 57, art. 38, par. 10. N. B. — How does art. 32 of the R. S. P. Q. affect the six preceding articles ? 643. But in all cases in which a fine has been incurred by a corporation, association or society recognized by law, such fine and costs shall be levied by the seizure and sale of the goods and effects of the said corporation, association or society, in virtue of a writ of execution issued from the said court; and proceedings shall be had upon the said writ in the manner pre- scribed for seizure and execution in civil matters. 29 Viet., ch. 57. art. 38, par. 2. — 173 — 644. Any one or more joint owners or occupiers of any lot, house or premises, or other real property in the said city, com- plained 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 against the provisions of any by-law of the said council, may be sued alone or conjointly in the said recorder’s court, as may be deemed advisable, as also the agent or agents of the said joint owners or occupiers, or any one of them; and in the suit to be instituted, it shall be sufficient to mention in the name of one of the owners, occupiers or agents, with the addi- tion of the words “and others,” and the oral testimony of such ownership or occupancy, whether sole or joint, or of such agency shall be deemed sufficient; any law, usage or custom, to the contrary notwithstanding. And the said corporation, or any municipal elector may institute any proceedings for that purpose in the name of the City of Quebec. 29 Viet., ch. 57, art. 38, -par. 3.— 51-52 Viet., ch. 78, art. 1. 645. In any suit, action or prosecution brought by the said corporation, it shall not be necessary to specify or recite the act or by-law under which such suit, action or prosecution shall be brought. 24 Viet., ch. 26, art. 27, par. 1. 946. It shall not be necessary to allege or to prove that the formalities required for the passing of a by-law have been observed, nor that any by-law has been transmitted to the lieutenant-governor, but the observance of the said formali- ties, and the said transmission shall be presumed until proof to the contrary be shewn. 27 Viet., ch. 21, art. 6; 29 Viet., ch. 57, art. 38, par. 14. 647. The by-laws, rules, regulations or orders now in force tn the said city, and those which shall hereafter be made by ihe council of the said city, shall be held and taken to be public — 174 — 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 specially pleaded. 24 Viet., ch. 26, art. 27, par. 2. EXECUTIONS 648. The execution of any judgment rendered in any civil action as above mentioned, shall be levied by the seizure and sale of the goods, moveables and effects of the defendant. 24 Viet., ch. 26, art. 22, par. 1. 649. No writ of execution shall be issued until the expi- ration of eight days after the day on which judgment shall have been rendered. 29-30 Viet., ch. 57, art. 51, par. 2. 650. The right of issuing writs of saisie execution, saisie arrU and other writs of execution in the recorder’s court, on judgments obtained in the said court, shall be extended to the notices issued by the city treasurer under the thirtieth section of the act Thirty-third Victoria, chapter forty-six, the said notices, in default of payment as mentioned in the said section, having the same legal effect as a judgment of the said recorder’s court. 36 Viet., ch. 55, art. 8. 651. Writs of execution issued by the recorder’s court of the said city are made returnable without any fixed delay, and remain in force so long as the same remain unsatisfied. 2 Ed. VII, ch. 48, art. 9. 652. 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 said court shall direct the sheriff or bailiff having such writ to make such return; and any refusal or neglect to make such return as prescribed by this section, shall be punished as a con- — 175 tempt of court in the manner prescribed by section sixteen of the act twenty-fourth Victoria, chapter twenty-six, {art. 593 heretofore.) 29-30 Viet., ch. 57, art. 51, par. 3. 653. Every writ of execution issued by the recorder’s court against the goods and chattels of a defendant may be executed in any district of this province, and shall be addressed to the sheriff or to a bailiff of the district in which the defendant or his property may be. 58 Viet., ch. 49, art. 27. 654. The bailiff, the bearer of the writ of execution, shall proceed to the seizure and sale in the manner prescribed and practised in cases of seizure and sale under execution issued by any ordinary court of civil jurisdiction in Lower Canada. 24 Viet., ch. 26, art. 22, par. 2. 655. The recovery of all fines adjudged in the said recor- der’s court shall be proceeded with in pursuance of the by-law, rule, regulation or order imposing such fine, by writ of saisie execution, against the goods and chattels of the defendant, or by the imprisonment of the defendant, as the case may be, and such writ and warrant shall be issued in the manner above stated. 24 Viet., ch. 26, art. 26. 656. In case a defendant debtor to the corporation for assessments or other municipal dues does not possess any moveables, or if he does not possess sufficient moveable property for the payment of the debt and the costs, or of any portion of the debt and costs which may be due, then if such defendant possesses any estate, lands and tenements in the district of Quebec or in any other district in Lower Canada, a writ de terris for the seizure and sale of the said real estate, lands and tenements, shall be issued from the recorder’s court according to law, at the instance of the treasurer of the corpo- ration, upon the return of the bailiff, having the execution of — 176 — the writ, setting forth the absence or insufficiency of moveable property. 29-30 Viet., ch. 57, art. 11, par. 7. 657. The writ shall be addressed to the sheriff of the district in which the real estate is, and returnable into the superior court for the district of Quebec. 29-30 Viet., ch. 57, art. 11, par. 8. 658. The sheriff shall proceed upon the writ in all respects as provided by law in all cases of sales of real estate by au- thority of justice, and shall make a return of the said writ and his proceedings upon it to the said superior court. 29-30 Viet., ch. 57, art. 11, par. 9. ' 659. Any opposition, incidental claim or proceeding con- nected with the execution of the writ and the distribution of the moneys produced by the sale of the real property, lands and tenements shall be made, filed and determined by the said superior court as if the said writ had issued from it 29-30 Viet , ch. 57, art. 11, par. 10. 660. The said recorder’s court may issue writs of saisie- arret after judgment, in the same manner as the ordinary courts of civil jurisdiction, and shall follow in relation thereto the rules and procedure prescribed in such courts in relation to the issuing, return, and judgment, in matters of saisie-arret. 24 Viet., ch. 26, art. 25. 661. Any warrant of commitment after judgment, issued by the recorder’s court, may be executed in any judicial district of the province by the sheriff or by any bailiff of the district in which the person to be arrested happens to be. 61 Viet., oh. 52, art. 9. — 177 — 662 . In all cases, were a defendant shall have been con- demned to imprisonment, or to imprisonment in default of payment of the fine imposed and of the costs, under different convictions, each additional period of imprisonment shall com- mence only at the expiration of a preceding period of impri- sonment. 29-30 Viet., ch. 57, art. 64. 663 . The police of the said city, or any other peace officer or constable, may bring before the said court, or before the said recorder, or his deputy in the absence of the recorder, and if he has no deputy, before the mayor or the councillor discharging the duties of mayor of the said city, in the absence of the recorder or his deputy as aforesaid, any person offending as aforesaid against any of the provisions or of the by-laws afo- resaid, and any vagrant, loose, idle or disorderly person, and any person arrested as aforesaid, to be then and there dealt with according to law, as the said recorder’s court, the said recorder, or his deputy, res*pectively, or the mayor or councillor aforesaid, may adjudge and determine. 24 Viet., eh. 26, art. 30, par. 2. 664 . The said reeorder’s eourt, on due proof of the offenee, aeeording to the law whieh regulates tlie said eourt, shall con- demn any of the persons mentioned in the three next preceding subsections, to ]')ay a fine not exceeding forty dollars, and, in default of iininediate payment, to an imprisonment, with or without hard labor, for a s])aee of time not exceeding four months, unless the said fine and all costs shall be sooner paid. 29 Met., ch. 57, art. 31, par. 13. 665 . Whenever in the ])resent or any other act relative to the said city, or in any by-law, rule or order, as aforesaid, imprisonment is iiii}X)sed, such imprisonment shall be unders- tood to be in the common gaol of the district of Quebec. 29 Viet., ch. 57, art. 38, par. 11. 12 — 178 — APPEAL FROM THE DECISIONS OF THE RECORDERS AND recorders’ courts in matter of TAXES. 666 . In all cases or proceedings in which the amount in dispute relates to one or more municipal or school taxes or assessments or fines or penalties, imposed by any municipal by-law, exceeding in all the sum of five hundred dollars, or to the interpretation of a contract to which the municipality is a party, the subject matter whereof is of the value of at least five hundred dollars, there shall be an appeal from the final decision of any recorder or recorder’s court to the court of re- view or the court of king’s bench. If the amount in dispute does not appear upon the face of the proceedings, it may be established by affidavit. R. S. P. Q., art. 7573. 667 . The appeal i^ instituted by an inscription made before the recorder’s court, within eight days from the rende- ring of the judgment or decision, and served upon the clerk of the said court within the said delay; which service shall stay the execution of the judgment. R. S. P. Q., art. 7574. 668 . As soon as the inscription is filed, the record, a copy of the judgment, and the inscription, shall be sent to the court of king’s bench or to the court of review, as the case may be, in accordance with articles 47 and 53 of the code of civil pro- cedure, and the case shall thereafter be continued in the same way as an ordinary case in appeal or review. R. S. P. Q., art. 7575. 669 . The parties to any suit or proceeding may, for the purposes of the appeal, have the evidence taken down at length, or cause the same to be taken, either by stenography or otherwise, under the direction of the court, and such evidence shall form part of the record. R. S. P. Q., art. 7576. 179 670 If the proceeding before the recorder or recorder's court has been commenced by a summary complaint for over- charge of assessment, the complainant, so soon as a declaration is made that the complaint is not acquiesced in, may produce a detailed complaint, and if the proceeding has been commenced by writ, the defendant may plead specially in writing. R. S. P. Q., art. 7577. 671 . The appeal provided for by the present law maybe taken notwithstanding the provisions of any special statute. R. S. P. Q., art. 7578. 672 . Articles 7576 and 7577 shall apply to the appeals provided for by sections 30, 37a, 41, 88, 89 and 90 of chapter 139 of the revised statutes of Canada, 1906. R. S. P. Q., art. 7579. 673 . Whenever by the judgment in any suit, case or pro- ceeding, before a recorder or a recorder’s court, future rights may be affected, the defendant may evoke the suit, case or proceeding and require it to be removed to the superior court in the same district, for hearing and judgment, and in such case articles 49 and 1130 of the code of civil procedure shall apply. R. S. P. Q., art. 7580. 674 . An appeal shall lie to the supreme court from the judgment of any court of last resort created under provincial legislation to adjudicate concerning the assessment of property for provincial or municipal purposes, in cases where the person or persons presiding over such court is or are by provincial or municipal authority authorized to adjudicate, and the judgment appealed from involves the assessment of property at a value of not less than ten thousand dollars. R. S. C., ch. 139, art. 41. — 180 — SCHEDULE A In connection with article 17. OATH TO BE TAKEN BY THE MAYOR AND ALDERMEN I, A. B., having been elected mayor, [or alderman, as the case may be] of the city of Quebec, swear that I will fulfil the duties of the said office faithfully and to the best of my judg- ment and capacity; that I own, in the said city, for my own use, immoveable property of the value of at least five thousand dollars [for the office of mayor, and two thousand dollars for the office of alderman seats Nos. 1 and 2, and one thousand dollars for seat No. 3,] over and above any rents, hypothecs or charges on such immoveables, and that I have not obtained the said property by fraud or collusion; that I will be faithful and bear true allegiance to the lawful sovereign of the United Kingdom of Great Britain and Ireland, and that I will defend him to the best of my power from all conspiracies or attempts that may be made against his person, crown and dignity. So help me God. Schedule A of 1 George V, ch. 47. IN CONNECTION WITH ARTICLE 72 . 181 § 'B* o *«> ss I 1 Oi I oq 1 Ballot papers prepared with assistance of returning officer. Electors voting after others have voted in their name. •UOAlS SO'^.O^ Refused to be sworn. •UJOAVg cc Proprietors, g tenants or ■§ occupants. O •oDuapisa^ •uoissapjj Names of voters. SJ8:).OA JO sjaqmn^ — 182 — SCHEDULE C In connection with article 77. {It is the schedule B of the act 29 Viet., ch. 57, mentioned in the act 33 Viet., ch. ^6, art. 10, parag. 14) OATH TO BE TAKEN BY POLL-CLERKS I, A. B., swear that I will faithfully, punctially and impar- tially to the best of my ability, fulfil the duties of poll-clerk at the election of an alderman [or councillor], (as the case may he) for the ward of this city, which election shall be held on the So help me God. — 183 — SCHEDULE D In connection with article 80. BALLOT PAPER FOR THE ELECTION OF THE MAYOR Being schedule D of the law 7 Ed. VII, ch. 62. 1 ADAM (Pierre, merchant) 2 BEAUDOIN (Alexandre, shoemaker) X 3 MONGEON (Jacques, notary) ANNEX — 184 — SCHEDULE E In connection with article 80. BALLOT PAPER FOR ELECTION OF ALDERMAN FOR SEAT NO. 1 Being schedule M of the law 7 Ed. VII, ch. 62. 1 1 ADAM (Pierre, merchant) 1 BEAUDOIN ! O t|-H /— < 2 ' X M .2 *-+3 o 0) 3 (Alexandre, shoemaker) MONGEON 2 ' (Jacques, notary) ANNEX Election for ward — 185 — SCHEDULE F In connection with article 80. BALLOT-PAPER FOR ELECTION OF ALDERMAN FOR SEAT NO. 2 Being schedule N of the law 7 Ed. VII, ch. 62. 1 AUGER (Jean, merchant) 1 2 i GARIEPY (Pierre, carpenter) X 3 LANGLOIS (Arthur, notary) ANNEX — 186 — SCHEDULE G In connection with article 80 BALLOT-PAPER FOR ELECTION OF ALDERMAN FOR SEAT NO. 3 d Being form K of the law 7 Ed. VII, ch. 62. I - ■ "] 1 ADAM (Pierre, merchant) 2 BEAUDOIN (Alexandre, shoemaker) X 3 MONGEON (Jacques, notary) 1 1 ANNEX — 187 — SCHEDULE H In connection with article 84. Schedule S of the electoral law of Quebec OATH OF AGENT OF CANDIDATE « I, the undersigned, G. H., agent for (or elector representing as the case may he) J. K., one of the candidates at the election now pending of an alderman for ward of the city of Quebec, solemnly swear that I will keep secret the name of the candidate for whom any of the voters, at the poll in which I will represent the said J. K., may have marked his ballot-paper in my presence at this election. So help me God. Sworn before me at Quebec, this day of one thousand nine hundred and A. B. President at the 'poll. or C. P. Justice of the peace. SCHEDULE I In connection with article 89 voters’ oath I swear that my name is (here insert or give the name) and that I am the person named in the copy of the voters’ list for the election of mayor or alderman, for {here name the ward) ward of the city of Quebec, for the municipal elections, which — 188 — is now shown to me ; that I am duly qualified ; that I have not voted at this election in this ward; that I have not received either directly or indirectly, any money, note, or promise, or reward for my vote ; that I am not an officer or a servant of the corporation, or receiving any income or wages from the corpo- ration, as such ; and that I have not now any contract with the corporation or any iqterest in such contract such as to disqualify me for voting; that the taxes, assessments, or rates due by me have not been paid in whole or in part by any person to induce me to vote for any candidate at this election; and that I am twenty-one years of age and a British subject. So help me God. Schedule S of 7 Ed. VII, ch. 62. SCHEDULE J In connection with article 170. Being schedule E of 29 Viet. ch. 57. QUALIFICATION OATH BY AUDITORS I, A. B., having been named auditor for the city of Quebec, sincerely and solemnly swear that I will faithfully discharge the duties of that office, to the best of my skill and ability. So help me, God. SCHEDULE K In connectiom with article 185. OATH TAKEN BY ASSESSORS I, A. B., having been appointed assessor for the city of Quebec, swear that I will fulfil the duties of the said office faithfully and to the best of my judgment and capacity; that I own, in the said city, for my own iise, property of the value of at least one thousand dollars over and above my just debts, — 189 — and that I have not obtained the said property by fraud or collusion: that I shall be faithful and bear true allegiance to the lawful sovereign of the United Kingdom of Great Britain and Ireland • and that I shall defend him to the best of my power from all conspiracies or attempts that may be made against his person, crown and dignity, the whole without any equivocation or mental reservation whatsoever. So help me, God. SCHEDULE L [n connection with article 238. Being form G of the net 33 Viet., eh. 4^. Public notice is hereby given that the assessment roll of the city of Quebec, for the ward of the said city, (or the supplementary roll for the ward of the city) is completed, and is now deposited in the office of the undersigned. 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 ten days from this day, without further notice. Chty Treasurer. Quebec, (date). — 190 SCHEDULE M In connection with article 238. Being schedule H of the act 33 Viet., ch. 1^6, sec. 30, re- placing 29 Viet., ch. 57, sec. 2J^, parag. 1. Corporation of Quebec Corporation of Quebec Mr. Mr. Copy of account To the corporation of the city of Quebec Notice served $ To assessments, &c., or water ra- tes, &c. {Date of notice). {Here state account) Costs, Sir, Notice, Take notice that having failed to pay the above mentioned sum within the time prescribed by public notice, you are hereby required within fifteen days from the date hereof, to pay the same to me at my office, together with the costs of this notice and service thereof, as below, in default whereof, execution will issue against your goods and chattels. Quebec, {date) Costs. (Signature) Notice, City Treasurer. — 191 — SCHEDULE N In connection with article 238 Being schedule J of the act 33 Viet, ch. 43. Province of Canada, City and In the recorder’s court of the city of District of Quebec. Quebec. The recorder of the city of Quebec. Debt Costs Warrant To any bailiff of the recorder’s court of the city of Quebec, in the said city and district of Quebec. Whereas A. B., {name and designation of debtor,) hath been required by the treasurer of the said city of Quebec, 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 19 ; and whereas the said A. B. hath neglected and refused to pay unto the said treasurer, within 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 to pay the money arising from such sale unto the treasurer of the said city, that he may apply — 192 — 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 into me, to the end 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 Quebec aforesaid, this day of in the year of Our Lord \ . T. X., Clerk, of the recorder’s court. SCHEDULE O 193 Ballot papers pre- pared with the as- sistance of the offi- cer in charge of poll Electors voting after others have voted in their name. Votes given Refusing to swear i=! O m 0^ pec^oofqO oouapiso'y; uoi^'BdnooQ Names of voters Numbers of voters 13 — 194 — SCHEDULE P In connection with article 436. BALLOT-PAPER FOR APPROVAL OF A BY-LAW FOR X AGAINST ANNEX SCHEDULE Q In connection with article 451. Being schedule F of the act 29 Viet., ch. 57. I OATH OF ALLEGIANCE TAKEN BY POLICE CONSTABLES I, A. B., sincerely swear and promise that I will be faithfull and bear true allegiance to His Majesty King George V (or to the sovereign then reigning), lawful sovereign of the United Kingdom of Great Britain and Ireland, and of this province, as depending of the United Kingdom and thereto belonging; that I shall defend him to the best of my power, against all conspiracies and treasons or designs whatever that may be made against His person, His Crown and dignity, and that I shall use my utmost endeavors to disclose and make known to His Majesty, His Heirs and Successors, all conspiracies, treason or traitorous designs that I shall know to exist against Him or any of them; all this I swear without equivocation, restriction — 195 — or mental reservation whatever, and renouncing all pardons and dispensations from any person or persons whatsoever to the contrary. So help me, God. II OATH OF OFFICE BY EACH MEMBER OF THE POLICE FORCE I, A. B., of the city of Quebec, having been appointed a member of the police force of the said city, sincerely and solem- nly swear that I will faithfully discharge my duties as a member of the police force, to the best of my skill and ability. So help me, God. INDEX A Articles. Absence of aldermen for six months or more 22 Absence of mayor for more than three months 20-28 Absence of mayor from sittings of council 145 Absence of mayor without legal cause— fine for 20-28 Acceptance of office by aldermen 23, 25 Accidents by fire — by-law for 320-337 Accounts kept by city treasurer 115, 156, 279 Act of incorporation — is public 565 Actions against the city 561 Actions against consorts separated as to property 252 Actions before the recorder’s court — are in the name of the Corporation 609 Actions hypothecary before the recorder’s court 634 Adjournment of sittings of council 136 Admission to bail of prisoners at the police stations 458 , 459 Agent and agency — definition of the words 226 Agent of candidate at poll — oath of 84 Aid to exhibitions, public rejoicings, &c., &c 287 Aid to firemen or policemen wounded 325 Aldermen becoming insolvent 28 Aldermen cannot have contract with corporation 28 Aldermen declared elected by city clerk 108, 109 Aldermen elected for more than one warc^ 24 Aldermen — entry in office of 118 Aldermen — ex oficio justices of the peace 26 Aldermen — fine for absence without cause of 22 Aldermen — fine for refusal to accept office 22 Aldermen — how put in nomination as candidates 60-66 Aldermen — list of seats of 30 Aldermen — may resign office 27 Aldermen — presentation of 60-66 Aldermen — proclamation of election by city clerk 108, 109 — 197 — Articles. Aldermen — qualification of 16, 17 Aldermen — qualification of electors to vote for 31-34 Aldermen — take oath of office 17 Aldermen — vacancy in office — how filled 119-124 Allegiance — oath of mayor and aldermen 17 Amendment of procedure in recorder’s court 625 Animals astray 388-390 Animals — cruelty to — by-law relating to 396 Animals vicious — by-law relating to 409, 410 Annexation of neighbouring municipalities 5—10 Appeal from judgments of recorder’s court 666-674 Apprentices — by-law relating to 383-387 Appropriations — debts exceeding 274-278 Appropriations — voting of 271-275 Arrest on view by policemen 607 Articulated facts to corporation — answered to by city clerk. . . 163 Articulated facts in recorder’s court 627 Assessment board 181, 186, 189 Assessment — by-law to impose 216-218 Assessment due by consorts separated as to property 252 Assessment in case of emphyteutic lease 254 Assessment in case of non resident proprietor 246 Assessment — maximum of 273 Assessment may be on rental or saleable value 197 Assessment — minimum payable 242 Assessment — prescribed by five years 255, 256 Assessment — privileged debt 249-251 Assessment — property exempt of 258-265 Assessment — proprietor alone responsible for 244, 245 Assessment — recovery of 238-257 Assessment — revision of roll for 199-214 Assessment roll-complaints against 201-214 Assessment roll — deposit of 201 Assessment roll how makes proof 215 Assessment roll — revision of 201-214 Asse.s“ment — when exigible before completion of roll for current fiscal year 251 Assessors — appointment of 181 Assessors — complaints by them to correct assessment roll 209, 210 Assessors — duties and powers of 187-204 — 198 — Articles. Assessors — fine for refusal to accept office of 183 Assessors — prepare electoral lists 35-37 Assessors — qualification of 182 Assessors — salary of 184 Assessors — take oath of office 185 Auditor — appointed by council 165 Auditor — duties of 171, 172 Auditor — takes oath 170 Auditor — qualification of 165-167 Auditor — vacancy in the office of 168 Auditor — refusal to accept office of 169 Auditorium 264 Award of experts in arbitration — homologation of 507 B Bail bond by persons arrested on view. 458, 459 Bail bond in penal actions 447, 448 Bail bond — recovery in case of forfeiture 448 Bailiffs of recorder’s court — appointed by council 589 , 590 Bailiffs of recorder’s court — duties of 404, 452, 453, 461, 592, 594, 663 Bailiffs of recorder’s court — take oath of office 591 Bakers — license for 371 Ballot-boxes — after election 106-108 , 110 Ballot-boxes — supplied by city clerk 78 Ballot papers — form of 80 Ballot papers — supplied by city clerk 79 Bicycles — tax on owners of 367 Bay-windows projecting over streets 489 Board of revisors 39-52 Board of revisors — proceedings before 45-55 Board of revisors — when sits 43, 44 Boatmen — license for 371, 376 Boilers — inspector of 149 Book-keeping for city finances 279 Bread — quality and weight of 319 Bridge over river St. Charles ' 518 Budget — submitted to council 269-272 Buildings decayed — demolition of 364 Buildings of corporation— construction of 494 — 199 — Articles. Buildings wooden — prohibited 465-469 Building lots — division of land into 347, 348 Buildings — plans for — submitted to city engineer 328 Butchers — license for 370 Butchers — may sell meat outside of markets 370 By-laws — approval by rate-payers 432-439 By-laws — are public acts in city 442 , 647 By-laws — authenticity of 440, 442, 646, 647 By-laws — concerning water-works 535, 536 By-laws — contestation of 444 By-laws — for internal government 142 By-laws — general provisions concerning 431-444 By-laws — how remain into force 441 By-laws — legalization of by-law No. 200 442 By-la ws — passing of 431 By-laws — to allow railway companies to use streets 490, 491 By-laws — to be approved by lieutenant-governor 443 By-laws — to levy taxes 216-226 e Cabmen — by-law regulating 411-415 Cabmen — license for 371, 374-376 Cabmen — license may be revoked by recorder’s court 608 Cabmen — stations for 413 Cabmen — tariff for 413 Canadian Institute 267 Candidates — may be present or represented in poll 82 Candidates — may withdraw from candidateship 74 Candidates — must owe nothing to the corporation 65 * Candidates — to the office of aldermen or mayor-presentation of 60-66 Canoemen — license for 371 , 374-376 Cap Rouge — road to 473 Capitation tax — who pays 227, 228 Carters — by-law regulating 411-415 Carters — license for 371 , 374-376 Carters — stations for 413 Carters — tariff for 413 Casting vote of chairman of committees 175 Cattle stands — sale of revenue of 428 — 200 — Articles. Cemeteries — exempt from assessment 260 Cemeteries — not allowed in city 315 Certiorari — petition for 635, 636 Chapels — exempt from assessment 260 Chateau Frontenac — taxes on 261 Chateau Frontenac — viaducts for 344 Chimneys decayed — may be demolished 364 Chimneys — sweeping of 333, 337 Churches — exempt from assessment 260 City clerk — answers to articulated facts for corporation 163 City clerk — appointed by council 148 City clerk — declares members of council elected 108 — 111 City clerk — gives notices of deposit of electoral lists 38 City clerk — gives notice of sittings of board of revisors 48 City clerk — in case of equality of votes 109 City clerk — is clerk of board of revisors 52 City clerk — keeps list of seats of aldermen 30 City clerk — ^keeps minutes of deliberations of council 153 City clerk — liable to fine for neglect of duty 58 City clerk — maintains order at elections 112 City clerk — posts names of candidates at elections 68 City clerk — prepares poll-books 72 City clerk — supplies lists and ballot-papers to presidents at polls 79 City council — appoints bailiffs of recorder’s court 589 City council — appoints clerk of recorder’s court 575 City council — appoints officers and employees 148, 149 City council — cannot grant pensions 150 City council — choose chairman in absence of mayor or pro- mayor 145 City council — how composed 12 City council — how voting made in 140 City council — its sittings public 147 City council — makes budget 271, 272 City council — makes by-laws to levy taxes 216, 217, 218 City council — may have inquests made by recorder 176 City council — may hold inquests 177 City council — may remit fines 638-642 City council — names committees 174 City council — quorum of 138 201 — Articles. City council — when meets 136 City engineer — appointed by council 149 City engineer — duties and powers of 475-489 City engineer — gives permits 487, 488 City engineer — supervides construction of sidewalks 476 City engineer — values lands for expropriation 497 City — how divided into wards 4 City — limits 3 City limits — extension of 5-10 City treasurer — appointed by council 148 City treasurer — complaints by him against assessment roll. . . . 213, 214 City treasurer — deposits money in banks 285 City treasurer — keeps accounts of corporation 155, 279 City treasurer — may be sued for illegal expenses 278 City treasurer — pays debts of corporation 276, 277 Cleanliness of city 349 , 350 , 392-395 Clerk of markets — appointed by council 148 Clerk of recorder’s court — appointed by council 575 Clerk of recorder’s court — appoints his deputy 576 Clerk of recorder’s court — duties of 580-588 Clerk of recorder’s court — gives notice of hearing of complaints against assessment roll 201 Clerk of recorder’s court — may be revoked 587 Clerk of recorder’s court — takes oath of office 588 Closets — tax on 548 Closets — to be kept clean 391 Coal — by-law for weighing of 318 Coal oil— by-law. for storing of 332 Cock fighting — prohibited 399 Coheirs — how may be sued 241, 644 Commercial travellers — after article 237 Committees — appointed by council 174, 269, 270, 282 Committees — cannot order expenses 281 Committees — may hold inquests 177 Complaints against assessment roll 201-214 Complaints against assessment roll by assessors 209, 210, 212 Compiaincs against assessment roll by city treasurer 213, 214 Complaints verbal before recorder’s court 607 Composition of city council 12 Confession of judgment in recorder’s court 622, 623 — 202 — Articles. Constables of police — duties and powers . .44b , 452—454, 456, 461, 463 Constables of police — engagement of 454 , 455 Constables of police— insult or resistance to 462 Constables of police — special 464 Constables of police — take oath 451 Constables of police — their punishement for bad conduct 463 Construction of buildings — council may regulate 326-331 Construction of buildings — in wood prohibited 465 Construction of buildings — public by corporation 494 Contestation of elections for fraud 133-135 Contestation of notice of city treasurer for payment of. taxes. 239 Contracts of the corporation 178-180 Contracts for supply of water from water works 552, 553 Co-proprietors — how may be sued 241, 644 Cord wood — measuring of 318 Corporation — general powers 2, 148, 216-220, 306, 445 Corporation — legal name of 1 Corrupt practises at municipal elections 132-135 Costs in recorder’s court 598, 599 Crackers 335 Cruelty to animals 396 Curb for sidewalks 477 D Damages by vicious dogs or other animals 409, 410 Damages caused by mobs 310 Damages to water- works 534 Debentures of school corporations 288 Debentures — issuing of 284 , 289-298 Debts in excess of appropriation 274-278 Delay for summons in recorder’s court 614-616 Delay to issue execution 649 Demolition of buildings at fires 322 Deposit — act of — granted by prothonotary 510 Deposit into court of tenders in expropriation 501 , 509 Deposit of assessment roll-notice of 201 Deposit of electoral lists in city clerk’s office — notice of 38 Deposit of filth 394 Deposit with petition for certiorari. 636 203 — Articles. Depositions in recorder’s court 633 Deputy clerk of recorder’s court 576-579, 584 Deputy clerk of recorder’s court takes oath. 588 Deputy recorder — his power 574 Deputy recorder — when and by whom appointed 573 Des Carrieres street — closing of 346 Ditches — keeping of 350 , 365 , 366 Division of city into wards 4 Division of lands into buildings lots 347, 348 Documents under seal of city 154 Dogs — fighting of — prohibited 399 Dogs — license for 408 Dogs — must wear collar 408 Dogs — vicious — by-law concerning 409, 410 Door steps projecting on streeets 362 Drainage — authorized by board of health 545 Drains — construction and maintenance of 350, 365, 366 Duos for wharfage 426, 427 E Election — contestation of 133-135 Election — null for fraud and corruption 133 Election — fraudulent practises at 132 Election — keeping of good order during 112-116 Election — of aldermen in case of vacancy 119-124 Election of mayor 13 Election of pro — mayor 15 Electoral municipal lists — communicated to electors 38 Electoral municipal lists — for polls 73 Electoral municipal lists — how kept after revision 56 Electoral municipal lists — petition for insertion or erasure of name on 45-49 Electoral municipal lists — prepared by assessors 35-37 Electoral municipal lists — revision of 43-53 Electors — dequalified 34 Electors — may be sworn at poll 89-92 Electors — may have communication of electoral lists 38 Electors — qualification of 31-33 Electors — where may vote 88, 89 — 204 Articles. Electric light — by-law concerning company for 338, 339 Electric light — wires over streets 338, 339 Elevator — Great Northern 262 Elevator — on Louise enbankment 263 Employees — seizure of salary of 164 Encroachments on streets 474, 475 Engagement of policemen 454, 455 Engineer of city — appointed by the council 149 Engines of railway — stopping in streets 342 Entry in office of aldermen and mayor 118 Equal number of votes for two candidates 109 Excavations in streets by companies 343 Execution in recorder’s court 648-658 Execution of immoveable property , 656-658 Execution on notice by city treasurer for taxes 650 Exemption of municipal offices 29 Exemption of taxes on certain properties 258-265 Exemption of taxes on manufactories 261 Exhibitions — aid to 287 Exhumations — by law for 314 Experts fees in expropriation 503 Experts for expropriation — petition to appoint 499, 500 Experts — proceedings by 502, 505-507 Experts — proof before 505 Experts — report by 506, 507 Expropriation — appointment of experts for 499, 500 Expropriation — costs in case of 508 Expropriation — for public improvements 493-516 Expropriation — procedure for 496-512 Expropriation — purges hypothecs 511 Extension of city limits 5-10 F Fabrication of certain objects — may be prohibited 393 Farmers — sale of meat on markets by 378 Fees in recorder’s court 598, 599 Fences 350, 351 Ferry man over river St Lawrence — license for 416 Ferry man over river St. Lawrence-sale of exclusive right of. . . 417 — 205 — Articlep. Finance committee — controls accounts 283 Finance committee — prepares budget 270 Finances of the city 268-286 Fine against alderman absent without cause 22 Fine against assessors 59 Fine against clerk of revisors 58 Fine against mayor for absence without cause 20 Fine against members of council voting illegally expenses 274, 275 Fine against mayor or alderman having contract with city. ... 28 Fine against merchants not residing in city-without license. . . . 237 Fine against officers at municipal election 117 Fine against owners of steamboats without license 236 Pine against persons covering buildings otherwise than with incombustible materials 467 Pine against persons deceiving assessors or refusing to give informations 198 Fine against persons troubling council 144 Fine against revisors for refusal or neglect to act 57 Fine belongs to corporation 637 Fine for corrupt practises at election 132 Fine for damaging water-works 534 Fine for encroachment on streets 475 Fine for impeding works at water-works 534 Fine for impeding inspector or officers on water-works 534, 537 Fine for illegal use of water of water-works 528, 535 Fine for infraction to by-laws 445 Pine for refusal of access to policemen 405 Pine for refusal of the office of mayor 20 Fine for refusal to accept office of alderman 22 Fine for refusal to accept office of assessor 183 Fine for refusal to accept office of auditor 169 Fine for sale of goods on Sundays 400-402 Fine for soiling water of water-works 529-533 Fine for trading without license 234 Fine — maximum of 445 Fine recoverable before recorder’s court 600, 602, 604, 655 Fine — remittance of 638-642 Fire — by-law concerning accidents by 320-327 Fire — commissioner 193 Fire — aid on case of 287 — 206 — Articles. Fire-works 335 Fiscal year — definition of 268 Floating of timber on river St. Charles 531 Fraud in voting at elections 132 G Games — by-law to prohibit 407 Gaming houses — by-law concerning 407 Girls minor — in houses of prostitution 61 1 Good order — by-law concerning 349 Goods sold outside of markets. .. 313, 370, 381, 377, 378 Great Northern elevator company 262 H Hackney carriages — license for 382 Hazard plays or games — by-law to prohibit 407 Health officers 316 Homologation of award of experts in expropriation 507 Horses left alone in streets — by-law concerning 388, 411, 412 Hotels — closed during polling days 115 Houses for games — by-law concerning 407 Houses of prostitution — by-law concerning 397, 398 Hucksters — license for 371, 379, 380 Hucksters — sale on markets by 379 Hydrometers for wziter from wates -works 555-557 I Ice on roofs 363 Illegal expenses 274-277 Immoveable property — exempt of assessment 258-265 Immoveable property — exempt of assessment occupied by lessee. . . 253 Immoveable property — valuation of 192, 193, 197 Imprisonment for infraction to by-laws 662 Improvements — expropriation for public 493-517 Incompatibilities for office of alderman or mayor 19, 28 Incorporation of city — declaration of 1 Ineligibility to municipal offices 19 — 207 — Articles. Inoculation — may be obligatory 307 Inquests at request of council 176 Inquests by committees 177 Inquests by council 177 Inquests by recorder 159 Insertion of names on municipal electoral lists 45-49 Insolvency of mayor or alderman 28 Inspector of boilers 149 Inspector of water-works 537 Interest on debts due to corporation 257 Internal government of council — by-law for 142 Interpretation clause of charter 562-564 Intoxicating liquors — police to visit places where sold 404, 405 J Judgments of recorder’s court — appeal from 666-674 Judicial sale of immoveable 656-658 Jurisdiction of recorder’s court 595-601, 610-612 L Lease-emphyteutic — how lots of land assessed in case of 254 Lease for market stalls 179, 180 Lease of wharves of corporation 426 Legal name of corporation 1 Lessee — alone responsible for his personal tax 248 Lessee — of property exempt from assessment 253 Lessee — recourse of proprietor against — for assessments 245 Lessee — when liable for assessments due by proprietor 246 Level of sidewalks — altered 361 Library -public — aid to 266 License for bakers, butchers, hucksters, carters, boatmen, canoemen 370, 371, 377 License for peddlers 371-373 License for cabmen — revoked by recorder’s court 608 License for hackney cariiages 382 License for livery stable keepers 382 License for trades of any kinds 232-237 License — how issued 233 — 208 — Articles. . License — how long into force 235 License for owners of steamboats 236 License for merchants not residing in city 237 License to keep dogs 408 License to ferry on river St. Lawrence 416 Lighting supplied by corporation 303 , 357-360 Lime — measuring of 318 Limits of city 3 Limits of city — extension of 5-10 Limits of wards of the 4 Limoilou — loan for ward of 299, 300 List of seats of aldermen 30 Lists of electors for polls 73 Lists of electors — when revision of — to be closed 53 Livery stable keepers — license for 382 Loans 289-303 Loans for Limoilou ward 299-302 Locomotives of railways — stopping in streets 342 Lumber — floated on river St. Charles 531 M Manager of water-works 537 Manufactories — exemption of taxes on 261 Manufactories — of certain objects — prohibited 393 Markets — by-law concerning 311-313 Markets — clerks of — appointed by council 148 Markets — sale of goods outside of 313, 370, 371, 377, 381 Markets — sale of revenues of 428 Markets — stalls in — lease of 179, 180 Masters and servants — by-law concerning 383-387 Maximum of assessment 273 Mayor — absent for more than three months 28 Mayor — appoints assistants to absent or sick officers 152 Mayor — appoints presidents at polls. . .♦ 75 Mayor — becoming insolvent 28 Mayor — cannot have contract with corporation 28 Mayor — casting vote of 141 Mayor — emolument of 14 Mayor — ex officio justice of the peace 21 — 209 — Articles. Mayor — fine for absence of 20 Mayor — how elected 13 Mayor — maintains order during sittings of council 143 , 144 Mayor — may request recorder to hold inquests on conduct of officers 159 Mayor may resign office 27 Mayor may suspend officers 160 Mayor — orders election in case of vacancy of office of alderman 119 Mayor presides sittings of council 137, 141 Mayor — qualification of 16 Mayor — refusal to accept office of 20 Mayor — takes oath of office 17 Mayor — vacancy in office of 28 Mayor — votes at meetings of committees 175 Measuring of cord wood ; 318 Meat dealers — license for 370 Meat sold outside of markets 313, 370, 377 Meetings of city council 136-147 Merchants — definition of word 221 Merchants — non resident- license for 237 Minimum of assessment 242 Minor children, deserted and concealed 610, 611 Minutes of deliberations — are authentic 154 Minutes of deliberations— how kept 153 Mobs — damages by 310 Municipal lists of electors — revision of 43-56 Municipal offices — persons exempt of 29 N Name of corporation 1 Navigation on river St. Charles 530 Notice by alderman of acceptance of office 23-25 Notice by city clerk of deposit of electoral lists 38 Notice by city treasurer for payment of taxes 238, 239 Notice by city treasurer of deposit of assessment books 201 0 Oath of agent of candidate in poll 84 14 — 210 Articles. Oath of assessors 185 Oath of auditor 170 Oath of mayor and alderman 17 Oath of policemen 451 Oath of poll clerks 77 Oath of presidents in poll 76 Oath of voters at election 89 Obstructions in streets 362, 475 Officers of council — assistant to — appointed by mayor 152 Officers of council — cannot have pension 150 Officers of council — fees exigible by 429 , 430 Officers of council — may be suspended by mayor 160 Officers of council — mayor may order investigation concerning 159 Officers of council— render accounts 157, 158 Officers of council — seizure of their salary 164 Opening of stieets 493 Opposition to execution of immoveable property 659 Opposition to seizure of moveables on notice of city treasurer. 239 P Painting and marking of posts in streets 341 Peddlers — license for 371-373 Permit for using part of streets for building materials 487, 488 Personal tax of lessee — proprietor not responsible for 248 Persons exempt of municipal offices 29 Petition against notice of city treasurer for payment of taxes. 239 Petition for insertion or erasure of names on electoral lists — must be served 46 Petition for recount of ballot-papers by judge 125-130 Petition for writ of certiorari 635, 636 Petition to have experts named in expropriation cases 499 , 500 Plans of building — submitted to city engineer- 328 Playing in streets — prohibited 399 Police force 449-464 Police force under control of council 449 Policemen — engagement of 454 , 455 Policemen — may enter buildings 461 Policemen — powers and duties of 446, 453, 454, 456, 461, 463 Policemen — punishment for bad conduct of 463 ~ 211 — Articles. Policemen — resistance to 462 Policemen — take oath of office 451 Poll books at elections 72 Poll clerk at elections . 70 , 71 Poll clerk at elections takes oath 77 Poll — opening of 85 Polling days — hotels closed on 115 Pond 388-390 Porticos projecting on streets 489 Posts in streets — tax on 368 Posts in streets — painting and marking of 341 Posts in streets — permit to erect 340 Prescriptions of actions for taxes 255 Presentation of candidates at elections 60-66 Presidents at polls 75-77 Presidents at polls appoint poll clerks 77 Presidents at polls take oath 76 Privilege of corporation for assessments and taxes 249-251 Procedure before board of revisors of electoral lists 43-56 Procedure for expropriation of lands 493-517 Projections over streets 489 Prolongation of streets 493 Pro-mayor — election of 15 Proof before recorder’s court 633 Proof of service of penal actions 620 Proprietor — his recourse against lessee 245 Proprietor — makes sidewalks 476 Proprietor — non resident 246 Proprietor — not responsible for personal tax of tenant 248 Proprietor— responsible alone for assessment 244 Prostitution — houses of 397 , 398 Public buildingw — water for 547 Public order 39#" Public places under control of corporation 365 Public rejoicings — voting of money for 287 Q Qualification of aldermen 16, 17 Qualification of assesssors 182 212 — Articles. Qualification of auditors 165-167 Qualification of electors 31-33 Qualification of mayor 16, 17 Quebec Skating club— contract with — for taxes 265 Quorum of council 138 R Racing of horses — by-law to prohibit 406 Railway companies — how allowed to use streets 490, 491 Railway engines — stopping in streets 342 Recorder — how appointed 570 Recorder — is justice of the peace 570 Recorder — may holds inquests 159 , 176 Recorder — salary of 572 Recorder — who may be 570 Recorder’s court — appeal from its judgment 606-674 Recorder’s court — by whom held 568 Recorder’s court — its creation 566 Recorder’s court — jurisdiction and powers of .. .238, 593, 634, 059, 664 Recorder’s court — may give delay to debtors 623 Recorder’s court — may issue seizure by garnishment 650, 660 Recorder’s court — may make tariff for its proceedings 598-601 Recorder’s court — may revoke cabmen’s license 608 Recorder’s court — when may sit 569 Recorder’s court — where holds sittings 567 Recount by judge of ballot-papers 125-130 Reimbursement of water tax 247 Remitting of fines by council 638-642 Requisition for presentation of candidates at elections 61-65 Resignation of mayor or aldermen 27 Resolution instead of by-law 304 Revision of assessment roll 201-214 Revision of municipal electoral lists 43-56 Revisors — composition of board of 39-52 Revisors — take oath of office 42 Riots — damages by 310 River St. Charles — bridge over 518 River St. Charles — navigating on 530 River St. Lawrence — ferrying over 416-425 — 213 ~ Articles. Roads 365 Roads inspector— appointed by council 148 Roads inspector — duties and powers 475 Roads — keeping of — during winter 492 Roofs of buildings — ice or snow on 363 Roofs of buildings — in incomsbustible materials 466 Rubbish — removal of by city 395 s Salary of assessors 184 Salary of mayor 14 Salary of recorder 572 Salary — seizure of 164 Sale of goods on Sundays 400-402 Sale of goods outside of markets 313, 370, 377 Sale of immoveable by sheriff. 656-658 Sale on execution of moveable effects 648-654 Sale of lands to city for public improvements 495 Sale of revenue of cattle stands 428 Sale of revenue of markets 428 Sale of revenue of weigh house 428 Savety apparatuses 331 School corporations — acceptance of debentures of 288 Scrutiny — examining of at polls 101-106 Scrutiny — for voting in council 140 Seats of aldermen — list of 30 Secrecy of voting at election 99, 100 Seizure by garnishment in recorder’s court. 660 Seizure by garnishment in other courts — treasurer declares. . . . 163 Seizure for tax in virtue of notice of treasurer 650 Seizure of immoveable 646-658 Seizure of salary of municipal employees 164 Sellers in streets 313, 381 Separation of consorts as to property — taxes due in case of . . . . 252 Servants and masters — by-law concerning 383-387 Service of actions from recorder’s court 617, 618 Service of penal actions — how proved 620 Shops — closed on Sundays 400-402 Sidewalks — by whom made and kept in repair 476-486 214 — Articles. Sidewalks — change of level of 361 Sidewalks — made by city 480-486 Sidewalks — curb stone of 477 Signs overhanging streets 489 Sinking fund 271, 293 Sittings of board of revisors 43-52 Sittings of council — are public 147 Sittings of council — convening of and adjournment 136 Sittings of council — mayor maintains order during 143, 144 Sittings of council — presided over by mayor 137, 141 Sittings — of recorder’s court 567-569 Smoke consumers 330 Snow on roofs 363 Snow — removal of by corporation 308 , 309 Snow — removal of by occupants or others 352-356 Societies — taxon 222, 223 Stalls— lease of 179, 180 Stations for carters 413 Steam powers — water supplied for 547, 552 Steamboats — when owners to take license 236 Streets — encroachments on 474, 475 Streets — keeping of during winter 492 Streets — obstructions in 362, 475 Streets — opening of 493 Streets — permission to companies to use 490, 491 Streets — projections over 489 Streets — prolongation of. ... 493 Streets — widening of 493 Striking out names on electoral lists 45-51 Subscriptions by corporation 287 Summons before recorder’s court — delay for 614- 618 Sundays — closing of shops, theatres 400-404 Sundays — sale of goods on 400—404 Suspension of officers by mayor 160, 161 Sweeping of chimneys 333, 336, 337 T Tariff for carters 413 Tariff for ferrymen 416 — 215 - Articles. Tariff of fees in recorder’s court 598, 599 Tariff of wharfage 427 Taverns — to be closed on polling days 115 Tax against non resident proprietors 246 Tax — collection of 238-257 Tax is privileged debt 249-251 Tax — exemption for manufactories 261 Tax may be on rental or saleable value 197 Tax — mfnimum payable 242 Tax on trades, partnerships 218-232 Tax personal of $2.00 230, 231 Tax — prescribed by five years 255, 256 Tax — proprietor alone responsible for 244 , 245 Technical school 288 Telegraph companies 338, 339 Telephone companies 338, 339 Tenders in expropriation cases 498-501 Theatres — closed on Sundays 403 Timber floated on river St. Charles 531 Trotting of horses — by-law concerning 406 V Vacancy of office of alderman 28, 119-124 Vacancy of office of auditor 168 Vacancy of office of mayor 18 Vagrants — arrest and trial of 456, 457 Valuation of immoveable property 192, 193, 197 Velocipedes — tax on owners of 367 Viaducts of Chateau Frontenac 344 Voters at elections — oath of 89-92 Voting at general election of members 67-100 Voting — closing of 101-107 Voting for election of alderman in case of vacancy 119-122 Voting — how takes place 86-88, 91-10i Voting in council — is open 14 q Voting — keeping of order during 112-110 Voting of budget 271, 272 — 216 — w Articles. Walls decayed — demolition of 364 Wards — division and limits of 4 Water closets 350 Water closets — by-law for tax on 548 Water closets — to be kept clean 391 Watercourse 365, 366 Water of water-works — defence to soil 529-533 Water supplied for animals, engines 547 Water tax 540-552 Water tax — minimum payable 546 Water tax — reimbursement of 247 Water — turning of to parties refusing to pay tax 549-551 Watering of streets — by-law for • 308 Water-works — general provisions concerning 520-559 Water- works — sale of lands where they lay 560 Weigh house on markets — sale of revenue of 428 Weights and measures 318 , 319 Wharfage — tariff of 427 Wharves — by-law concerning 426, 427 Widening of streets . 493, 514 Width of streets 470-472 Wives separated as to property 252 Wooden buildings — prohibited 465-469 Writ of execution — delay for issuing 649 Writ of execution — how addressed 651, 652 Writ of execution — of recorder’s court 648-658 Writ of execution — to seize lands 656-659 Writ of summons in recorder’s court 606 Writ of summons in recorder’s court — by whom served 617