Local Council

may regulate plying money

munner of ap

and labour.

By-law containing such order may be repealed;Effect of such repeal.

Money may be raised by as

sessment for roads and bridges.

Recital of case

have contributed largely to roads and bridges.

8. Any local council may make such by-laws and regulations as it deems necessary (not being inconsistent with any provision of this Act) for defining the manner in which the money, raised for road purposes, shall be expended and applied for the purpose of making and maintaining the roads which are to be made and maintained by the local municipality, and may enter into all contracts which they think necessary touching any work to be done to or upon the same;

9. Any such by-law may be repealed by another to come into force on the first day of January next after the time of its passing, and passed by a majority of two thirds of the members of the council; and thenceforth all the provisions of any procès-verbal, by-law or order, or of this Act, which were suspended while the repealed by-law was in force, shall again revive and have effect;

10. The council of every municipality, upon the petition of a majority of the persons interested, shall raise, by assessment, any sum of money required for making or maintaining any road, bridge or other work therein, and may apply the sum so raised to that purpose in such manner as they think proper, notwithstanding any thing to the contrary in any procès-verbal or by-law contained;

11. But inasmuch as in the cases provided for by this section, of persons who it would be unjust to compel persons, who for several years have made and maintained front roads or bridges, on or through properties held by them, as owners or occupants, at their own expense, to contribute equally with other owners and occupants of land in the same municipality towards works of a similar description, the following provisions shall apply and have effect in all the municipalities in this section specially mentioned, and in all others by the Council whereof a By-law requiring such works to be made and maintained by assessment, as hereinbefore provided, shall hereafter be enacted, so long as such By-law shall be in force:

Any such person may file a certain statement.

12. Any person may at any time deposit, in the office of the secretary-treasurer of the Council of any local municipality, a statement under oath, showing the amount expended by him or by his predecessors (auteurs) in making and maintaining a front road or bridge, or front roads and bridges, in front of, or through, any property held by him or his predecessors, as owner or occupant thereof, during ten years next preceding the first day of January, one thousand eight hundred and sixty-one, in all municipalities specially mentioned in this section, or next before the first day of January next after the passing of any By-law in any other municipality, requiring all such works to be made in future by assessment ;

person.

13. The Secretary-Treasurer shall thereupon open an account Account to be between the Municipality and the person depositing such State- kept with such ment in which he shall charge the Municipality with the amount mentioned therein, and shall credit such Municipality with all Assessments for roads and bridges, accruing upon the property therein specified, from time to time as they accrue, charging interest at the rate of six per centum per annum, from year, against the Municipality, upon the amount specified in such Statement and against the person depositing the Statement, upon all such Assessments from the day of their accrual, and the person filing such statement shall be exonerated from paying all such assessments in the Municipality until such account shall have been balanced;

year to

14. Every person making any such statement under oath False statefalsely, wilfully and corruptly, shall be guilty of perjury, and ment to be pershall be liable to be punished accordingly.

ROADS THROUG!! INDIAN RESERVES.

jury.

cause such

34. Whenever the Council of a County, in which any Indian Municipal Reserve is situate in Lower Canada, or the Council of any Local Councils may Municipality, surrounding or contiguous to any such Reserve, roads to be declares by Resolution that it is necessary that any land set opened and apart for a public road by the original survey of such Indian Reserve, should be opened or kept open by such Municipality, such Council may, through their road officers, enter upon such road, and cause the same to be maintained :

maintained.

lands.

2. And whenever it is declared, by a Resolution of any such May enter upCouncil, that it is expedient to take any part of an Indian on and take Reserve for the purpose of opening a new road, such Council may enter upon the same in the manner prescribed by this Act, and the price at which any such land is valued shall Compensation. be paid to the Superintendent General of Indian Affairs, for the use of the Tribe of Indians for which such land is held in trust;

by statute

3. Any road in any Indian Reserve in Lower Canada, Such Roads brought under the control of a Municipality by the preceding may be made section, may be maintained by Statute Labour, to be performed labour of Inby the Indians of such Reserve, according to a By-law or By- dians. laws passed by any such Municipality, and approved by the Superintendent General of Indian Affairs.

COLONIZATION ROADS.

to have powers

55. The Commissioner of Crown Lands and every person Commissioner employed by him in making roads and bridges by means of of Crown lands Legislative appropriations of public moneys, or partly by such of an Inspector, appropriations and partly by private contributions, shall in &c. respect of such works, have the same power and authority as every Inspector of Roads under this Act and al other Acts

concerning

concerning municipal affairs, has or shall have in respect of roads made by municipal authority, and shall moreover have full power and authority to take from any lot through which any such road passes, all timber, fascines, stone, gravel, earth, sand and all other materials which may be required for the making of such roads or bridges, and to cut or cause to be cut down, all trees to the distance of thirty feet from the line of every such road on both sides thereof, without paying any compensation whatever.

THIRD PART.

Valuation of

made by the valuators;

VALUATORS AND VALUATION.

56. The valuators shall make the valuation of all the real property to be and other assessable property in the local municipality for which they have been appointed, according to its true and real value, within two months after the date of their appointment, including in the said valuation the value of the houses and other buildings erected on such property:

Or a majority of 2. A majority of the said valuators may make or complete the them, and how. said valuation notwithstanding the absence of the other valuator; and such valuation may be made either at one time or at several times, the proceedings had at each meeting being signed or attested by the valuators who shall have assisted thereat;

As to lots being partly in one municipality and partly in another.

They may re

of the Secre

3. But when any lot occupied by a tenant or lessee is situated partly within the limits of any city corporation and partly within any village or parish municipality, the capital of the rent received by virtue of the said lease shall be deemed to be the value of the said lot during the existence of the said lease, and the amount of the assessment shall be paid to such city corporation and village or parish municipality in proportion to the extent of ground lying in their respective limits, notwithstanding any thing in this Act to the contrary;

4. In making the valuation, the valuators may require the quire assistance services of the secretary-treasurer of the council, or employ any tary-Treasurer clerk whom they may appoint ;-And every clerk so employed of municipality shall be entitled to receive for his services, on the certificate of two of the valuators, a sum not exceeding one dollar for every day during which he has been necessarily employed, and such remuneration shall be paid out of the general funds of the local municipality;

or employ a Clerk.

Valuation-roll

to be made;

5. A valuation-roll, setting forth such valuation, shall be drawn up and signed by the said valuators, or by such of them as have assisted in making the valuation, and shall be by them. delivered to the mayor of the municipality within eight days

from

from the making thereof;-and every such valuation-roll shall [Form B. B.] remain of record in the office of the council of such munici- And recorded. pality;

6. The valuators shall specify in the valuation-roll, not only the What it shall names and designation of all owners, tenants or occupants of real contain. or other assessable property, but shall also designate the real property, the proprietors of which are unknown, by the number and concession, or by the limits and boundaries, in case such real property has no number generally known, and instead of the name of the proprietor shall insert the word "unknown;"

use.

7. And the said valuation shall, so soon as the valuation-roli Its effect and is delivered to the mayor, be binding on all parties concerned, and be considered as the basis of any apportionment, assessment or collection which may from time to time be made, of any sum to be levied, or of the quantity and kind of materials. to be furnished, in the municipality, under this Act; subject Subject to however to such amendments as may be made thereto in amendment. the manner hereinafter provided ;

mit annual

Secretary

8. Every railway company shall annually transmit to the Railway Comsecretary-treasurer of every local municipality in which any panies to transpart of the road or other real property of the company is situate, statements of a statement describing the value of all the real property of the value of their company other than the roadway, and also the actual value of real property to the land occupied by the road in such local municipality, Treasurer of the according to the average value of land in the locality; the municipality. secretary-treasurer shall communicate the same to the valuators, and the valuators shall enter the same in their valuation roll as the valuation upon which the property of the company in such municipality shall be assessed;

be furnished,

9. Such statement shall be transmitted by every railway When such company to the secretary-treasurer of the municipality, during statement shall the month of March in each year, and in default thereof the valuators shall make the valuation of the properties belonging

to the company;

tors if valua

10. If the valuators appointed by the council have not made Governor to the said valuation, and transmitted the valuation-roll to the appoint valua mayor within two months from the date of their appointment, tion-roll be not the secretary-treasurer of the local council shall inform the made within a Governor, by letter addressed to the provincial secretary, of the failure of the said valuators in that respect, and the Governor shall thereupon appoint three other valuators;

certain time.

11. The valuators, so appointed by the Governor, shall make They shall prothe said valuation in the same manner as the valuators who ceed as the first valuators ought ought to have made the same in the first place, and shall exer- to have done. cise the same powers and authority, perform the same duties, and be subject to the same penalties in the event of any failure or neglect on their part;

Such valuation

to be made at the cost of the valuators in default.

Taxing such

costs.

Recovery of such cost.

Owners of as

sessed property ments in pro

to pay assess

portion to its value.

Assessments to

preferable

charge on the

property not requiring registration.

12. The valuation which the three last mentioned valuators, or the majority of them, shall make as aforesaid, shall be made at the expense of the former valuators who should have made the same; an allowance at the rate of three dollars shall accordingly be made to each of the said three last valuators, for each and every day during which he is employed in making the said valuation; the amount of the said allowance shall be determined and taxed by the mayor, whose certificate to that effect, stating the amount of the said allowance, shall be deemed an authentic document;

13. Each valuator, so appointed by the Governor, shall have a right of action in any court of competent jurisdiction against the valuators who failed to make the valuation and transmit the valuation-roll as aforesaid, jointly and severally, for the recovery of the amount of the allowance so determined and taxed as aforesaid;

14. The owners of assessable property, mentioned or described in the valuation-roll, shall respectively pay such sum or furnish such quantity and kind of materials, as they may be from time to time required to pay or furnish in proportion to the assessed value of such property, for their share of any apportionment or assessment authorized by this Act;

15. And whenever any such sum of money, quantity or be a special and kind of materials, so apportioned or assessed, the said sum of money, or the price of the said materials, shall, from the day of their being so apportioned or assessed, be a special charge on the real property so assessed, which shall not require to be registered in any registry office established for the registering of privileges and hypothecs, and shall have, nevertheless, a preference over all other charges, excepting debts due to the Crown;

Council may

revise and amend the

16. The council of the local municipality, in respect of which such valuation-roll was made, may, at any time within valuation-roll. thirty days next after the day on which it was delivered to the mayor, amend the valuation therein made, in the cases here inafter mentioned and in the manner hereinafter provided; and any such council may also in like manner amend the valuation-roll yearly, or in any year after that in which it was made;

How such amendments may be made.

Entry thereof.

17. If the council are of opinion that the valuation of any feal property has been made under its true value so as to prejudice the owners of other property, or above its value so as to prejudice the owner thereof, then the said council may amend the valuation-roll by fixing such sum as they shall think just and reasonable, as the value of such property;

18. All such amendments shall be entered upon the said valuation-roll or on a paper annexed thereto; the date thereof

shall