Proviso. Proviso. Clerk of the at each election of a Mayor. any party as in their discretion they shall deem right: Provided always, that so far as may be consistent with this Act, the forms of proceeding in any such case as aforesaid, shall be as summary as may be consistent with a due examination into the merits of the case: And provided also, that this Act shall apply to cases where the party complained of exercised, or assumed or attempted to exercise the office in question before the passing of this Act; and that any proceedings commenced in Term before the Court may be continued before two or more Justices thereof in vacation, and any proceedings commenced before such Justices in vacation may be continued before the said Court in Term: and such Justices in vacation shall have as ample power to summon, compel the attendance of, swear and examine all parties or persons whose evidence may be required, as the said Court hath in any case when sitting in Superior Term. II. And be it enacted, That notwithstanding any thing to the contrary in the City to preside Act passed in the eighth year of Her Majesty's Reign, and intituled, An Act to amend and consolidate the provisions of the Ordinance to incorporate the City and Town of Montreal, and of a certain Ordinance amending that Ordinance, and to vest certain other powers in the Corporation created by the said first mentioned Ordinance, the Clerk of the City shall preside at each election of a Mayor of the said City, and not the person who shall have been Mayor for the then last Term, although he be still a Member of the Council; and if there be no Clerk of the City, then a Councillor shall be chosen by a majority of the Councillors present to preside at the election, and such presiding Councillor shall vote as a Councillor, and if the votes be then equally divided, shall have a casting vote and so determine the election. If there be no Clerk, a Councillor to be chosen to pre side. To have a casting vote. Mayor to ap elections for the East Ward. III. And be it enacted, That it shall be lawful for the Mayor of the said City, point a day for to appoint a day on which the Inhabitant householders and persons duly qualified to vote in the East Ward of the City, shall assemble and elect from the persons duly qualified to be Members of the Council, a person to fill the vacancy now and since the first Monday in March last past, existing in the representation of the said Ward, in the said City Council, and two fit and proper persons to be Assessors for the said Ward for the present year and until a new election for Assessors in the said Ward will be required to be held by law: And whensoever hereafter it may happen that from any cause whatsoever an election for a Member or Members of the said Council of the said City shall not take place in any Ward or Wards of the said City at the time fixed therefor by law, or appointed therefor by the Mayor of the said City, it shall be lawful for the said Mayor, as soon thereafter as expedient, to appoint a time and place when an election or elections, in lieu and place thereof, shall be held and take place. Notice to be given. Assessments may be made after 10th May. IV. And be it enacted, That notwithstanding any thing to the contrary in any Act or law heretofore passed, or in force in this Province, it shall not be necessary for the assessment in the said City to be made between the tenth day of May and the tenth day of June in each year, but that the powers and authority of the Assessors elected and appointed or to be hereafter elected and appointed under and by virtue of the said Act passed in the eighth year of Her Majesty's Reign, and intituled, An Act to amend and consolidate the provisions of the Ordinance to incorporate the City and Town of Montreal, and of a certain Ordinance amending that Ordinance, Ordinance, and to vest certain other powers in the Corporation created by the first Ordinance, shall be and continue in force, and may be exercised for and during the period and term of their election and appointment, to wit, until the first Monday in March in the year next following their said election and appointment. V. And be it enacted, That it shall be lawful for the said Council, at any meeting or meetings composed of not less than two-thirds of the Members thereof, to make a By-law or By-laws, which shall regulate and determine the time-wren the Assessors of the said City shall annually commence their duties, the manner in which they shall perform them, the period within which they shall annually make their first general return of the assessments to be levied and obtained in the said City, and the time and manner in which they may or shall correct their said return, by extending the same, and adding thereto the names of any parties omitted or who shall have become known to the said Assessors, or shall have arrived in the said City subsequently to the making thereof, or who shall have become liable to pay any assessment, tax or duty to the said City, at any time after the said general return shall or may have been made; and in the event of any vacancy or vacancies occuring in the office of Assessor or Assessors, by the nonelection of any Assessor or Assessors, at the time fixed by law therefor,r by the absence or death of any person or persons elected or appointed to that office, or by the refusal or inability of any Assessor or Assessors elected or appointed, to attend to, perform and fulfil the duty or duties which he or they are or may be bound or required by law to attend to, perform and fulfil, it shall and may be lawful for the said Council, at any quarterly or special meeting thereof, to elect, nominate and appoint one or more competent and duly qualified person or persons to fill and supply such vacancy or vacancies. Council to make certain VI. And be it enacted, That this Act shall be a public Act, and as such shall Public Act. be judicially noticed by all Judges, Justices and other persons whomsoever, without being specially pleaded. MONTREAL :-Printed by STEWArt DerbisHire & GEORGE DESBARATS, ΑΝΝΟ ΝΟΝΟ VICTORIÆ REGINÆ. CAP. XXII. An Act further to amend the Ordinances incorporating the City of WH [23rd May, 1846.] Preamble. & 4 Vict. c. HEREAS it is expedient to amend the Ordinance of the Legislature of Lower Canada, passed in the Session held in the third and fourth years of Her Majesty's Reign, and intituled, An Ordinance to incorporate the City and Town Ordinances 3 of Quebec, and the Ordinance of the said Legislature, passed in the fourth year of 35 & 4 Vict. Her Majesty's Reign, and intituled, An Ordinance to amend the Ordinance to incor- c. 31 cited. porate the City and Town of Quebec, and to vest certain additional powers in the Corporation erected by the said Ordinances: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That in all cases where a vacancy now exists, or shall hereafter exist in the office of Assessor for any of the Wards of the said City, from death or from an omission on the part of the Electors to elect an Assessor or Assessors at the time or times fixed by law, or whenever it shall so happen that an election of an Assessor or Assessors so made shall become void, or whenever a vacancy from any other cause shall exist in the said office, it shall and may be lawful for the Mayor and Councillors of the said City to declare such office of Assessor to be vacant, and thereupon to cause an Assessor to be elected to fill such vacancy, in the manner by law prescribed in cases where a vacancy occurs in the office of a Councillor for the said City. How vacancies occurring in Assessor in may be filled. the office of the said City II. And be it enacted, That for the present year the assessment for the St. Lewis St. Lewis and and Champlain Wards of the said City may be made at any time during the said Champlain year, which may be appointed by the Council of the said City. III. And whereas the great number of Hawkers, Pedlars and Petty Chapmen, trading and selling goods on the markets, streets, and public places within the limits of the City of Quebec, causes great inconvenience and annoyance to the public: Be it therefore enacted, That from and after the first day of July next, it shall not be lawful for any Hawker, Pedlar, Petty Chapman, or other person, to sell, After 1st, July, 1846. no person to sell goods on the public streets, &c., in the City of Quebec. Penalty. This Act not selling of certain articles. sell, expose to sale, or offer for sale, on any market, street, lane or public place within the limits of the City of Quebec, any goods, wares or merchandize; and if any such Hawker, Pedlar, Petty Chapman, or other person, shall, from and after the said first day of July next, be found selling, exposing to sale, or offering for sale, any goods, wares or merchandize, on any market, street, lane or public place, within the limits of the said City of Quebec, every person so offending shall, for each and every such offence, forfeit a sum not exceeding five pounds, currency, to be recovered and applied as hereinafter mentioned; any thing in any Act, Ordinance, or Law, or in any License granted under the same, to the contrary notwithstanding. IV. Provided always, and be it enacted, That nothing in this Act contained shall to prevent the extend or be construed to prohibit any person or persons from selling any Acts of the Legislature, Proclamations, Gazettes, Almanacs, or other printed papers, nor to hinder any person or persons, who are the real makers or workers of any goods, wares or manufactures, or his or their children, apprentices, agents, or the servants of such real workers or makers of such goods, wares or manufactures only, from exposing, offering or selling, by retail or otherwise, any of the said goods, wares Nor hucksters and manufactures, nor to hinder or prohibit hucksters, or persons having stalls or stands in the markets in the said City, from selling or exposing to sale, any fish, fruits or victuals, in such stall or stands, they complying with such rules and regulations as by the City Council or other proper authority, are or may be established in that behalf. having stalls in the Markets. Mode of re covering penalties under this Act. How such penalties be levied. penie may Distribution of penalties. Proviso, if sufficient distres be not found, V. And be it enacted, That each and every penalty by this Act imposed, may be recovered with costs of suit, before any Justice of the Peace for the District of Quebec, on proof of the offence, either by voluntary confession of the party or parties accused, or by oath of one or more credible witness or witnesses, other than the informer, (which oath every such Justice of the Peace is hereby authorized and empowered to administer ;)" and if not paid within eight days after conviction, shall be levied by distress and sale of the offender's goods or chattels, by warrant under the hand and seal of such Justice of the Peace, directed to a Bailiff of the Court of Queen's Bench for the District of Quebec; and any such penalty (when paid) shall, by the said Justice of the Peace, be paid over to the Treasurer of the said City of Quebec, and shall make part of the funds of the said City: Provided always, that if the offender shall not have sufficient goods and chattels to pay and satisfy such penalty and costs, it shall be lawful for such Justice of the Peace to commit such offender to the Common Goal of the District of Quebec, for such time not exceeding eight days, as to such Justice of the Peace shall seem meet. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS, |