proceed to elect two persons to be Councillors qualified to act as such as hereinafter provided: Provided always, that such meeting shall be called by a notice to be given How the meet publicly at least eight days previous, at the doors of the churches or other places of ing shall be public worship in each such Parish or Township, or if there be no churches or places of public worship, then at two of the most frequented places therein, by any one of the persons who by this Act may preside at the meetings therein mentioned, or by any three electors of such Parish or Township.

whom the elec

cillors shall be

conducted and

Poll Lists to
Poll be de-

be kept if a

manded.

V. And be it enacted, That the said inhabitants, being householders, shall at every How and by such meeting proceed to the election of the said two Councillors, and the poll for such tions of Counelection if demanded by any candidate or by any three electors then present, shall begin at ten of the clock in the morning, and shall be kept open to an hour not later determined. than five in the afternoon of the first day of such meeting, and from ten in the morning of the following day until five in the afternoon, and then shall finally close; and the name of each elector voting at such election shall be written in poll lists, to be kept at such election by the Justice of the Peace or other person holding the same ; and after the final close of such poll, such Justice or other person presiding thereat, shall forthwith proceed publicly to declare the number of votes given for each candidate, and shall declare the person or persons having the majority of votes in his or their favor, to be duly elected Councillors as aforesaid; and if there should be at such final closing of the Poll, an equal number of votes polled for two or more persons to be Councillors as aforesaid, it shall be lawful for such Justice or other person holding such election, and he is hereby required, whether otherwise qualified or not, to give a vote for one or other of the persons having such equality of votes, and so determine the election; and the poll lists kept at such election, shall by such Justice of the Poll Lists to Peace or other person, be delivered, after the conclusion of every such election, to the the Clerk of Clerk of the Council for which such election shall have been held; and the person tandonames having presided at such election shall report the result thereof and the names of the of the CouncilCouncillors elected, to the Provincial Secretary within eight days next after the election.

Case of equa provided for.

lity of votes

be delivered to

Council.

lors returned

to the Secretary of the Province.

mode of hold

Elections.

VI. And be it enacted, That at each subsequent General Meeting of the inhabitants Fines and of each Parish or Township, which shall be held in every year on the second Monday ing subsequent in July or any subsequent Monday in the same month at nine o'clock in the forenoon, the senior Councillor or the senior Justice of the Peace in the Parish or Township, or in default thereof, such person as the majority of voters at such meeting shall choose, shall and may preside, and an election shall be made and the report thereof shall be Report to the made to the Provincial Secretary as provided in the next preceding section.

Provincial Secretary.

Period of sercillors.

vice of Coun

to

VII. And be it enacted, That the persons chosen as before mentioned, and duly qualified as aforesaid to be Councillors, shall form the Council, and shall have the management of all the affairs of the Corporation; and such Councillors shall be elected for two years: Provided always, that on the day of each annual meeting after the first Proviso: one election, one of the Councillors for each Parish or Township (to be determined by lot retire at each in the first instance) shall go out of office, and in this manner for each ensuing year, tonal electio until both those elected at the first election shall have gone out, after which they shall mined in the go out in the order in which they shall have been elected, but any Councillor so going by lot. out may be re-elected with his own consent: Provided always, that nothing herein Proviso: Procontained shall be construed to invalidate any proceedings had by any municipality Cedings on

annual

first instance

of

der repealed established under the provisions of the recited Acts until the same shall be repealed or

Acts to remain

valid until re

voked or al

tered under

this Act.

How actions

shall be

brought by or

VIII. And be it enacted, That every action brought by or against the Corporation shall be brought by or against the same by its corporate name as aforesaid: and in all such actions, service of process on the Secretary Treasurer for the time being of such

against the said Corporation, shall be a good and valid service thereof.

Corporations.

What shall be

sufficient ser

vice of process.

Places at

which the

Meeting of the

IX. And be it enacted, That the Council of each Municipality shall hold its Meetings at the Parishes, Villages or places following respectively, to wit:

Councils shall The County of Gaspé, Division first at Percé,

be held in the

several Coun

ties and divi

sions of Coun

ties.

Who shall be entitled to vote at elections of Councillors.

X. And be it enacted, That no person shall vote at any general meeting for the election of Councillors, unless he be of the male sex, of the full age of twenty-one years, and a subject of Her Majesty by birth or naturalization; nor unless he be in Property quali possession as proprietor, and for his own proper use and benefit, of a real estate in the Parish or Township, held in franc aleu, free and common soccage, en fief, or en censive, of the yearly value of forty shillings, currency, or upwards, or shall hold as a tenant or lessee or otherwise occupy an estate of the yearly value of at least five pounds, currency, nor unless, in either case, he shall have resided in the Parish or Township during the year next preceding such meeting and election; nor unless he shall have Residence and paid all rates or local taxes due by him at any time before the election.

payment of

rates.

Treasurer.

son elected

XI. And be it enacted, That none of the following persons shall be elected a Coun- Disqualificacillor or appointed to any office in the appointment of the Council: First, Persons in tions. Holy Orders or being Ministers of any religious denomination; Secondly, Judges of the Court of Queen's Bench, Circuit Judges or Clerks of any Courts of Justice or Clerks of Commissioners' Courts for the trial of Small Causes, but any such Clerk Proviso as to may with his own consent be appointed a Secretary-Treasurer to the Corporation; SecretaryThirdly, Officers of Her Majesty's Army or Navy on full pay: And the following Exemptions, persons shall be exempt from serving in any such office except with their own consent: unless the perFirst, Members of the Legislative Council, Members of the Legislative Assembly, shall consent. Members of all Municipal Councils at the passing of this Act or who have been Members thereof within two years next before the passing of this Act during four years from the time they shall have so served: Practising Physicians, Surgeons and Apothecaries, School-masters actually engaged in teaching: Secondly, Any Miller who shall be the only one employed in a Mill; Thirdly, Persons of more than sixty years of age; Fourthly, Persons who have served in any of the said offices or paid the penalty for refusal to accept shall be exempt during the four years next after such service or payment.

XII. And be it enacted, That the person presiding at the general meeting shall require the Councillors elected and then present to take before him the oath of office mentioned in this Act; and he may also at the request of any Candidate require the oaths in the Schedules to this Act or any of them to be taken by any person offering to vote; and he shall for the purpose of maintaining order, enforcing obedience and committing for contempt of his authority, have all the powers which are or may be then by law vested in the Returning Officer at the election of a Member to serve in the Legislative Assembly of this Province: Provided always, that if the President of such meeting be elected Councillor he shall take the oath of office herein ordered before any Justice of the Peace or before the Mayor of the Council if in office.

at the election to admi

Person presid-
in
nister oaths of
and of office.
Powers to
maintain good
Proviso if
himself elect-

qualification

such person be

ed.

siding at elec

tions of Councillors to be the peace, during such

conservators of

elections.

He may com

XIII. And be it enacted, That the person presiding at any meeting for the election Persons preof Councillors in any Parish or Township shall, during the whole of the time during which such election shall be held, be a conservator of the peace and shall be invested with the same powers for the preservation of the peace and the apprehension and committal for trial or holding to bail or trying and convicting violators of the law and good order as are vested in the Justices of the Peace in this Province, and whether the said person so presiding shall possess or not the legal property qualification of a Justice of the Peace; and that for the purpose of keeping the peace and preserving good order at any such election, it shall be lawful for the person presiding thereat to command the assistance of all Justices of the Peace, Constables and other persons present at such election, to assist him in doing so, and also to swear in as many Special Constables as he shall deem necessary and expedient; and it shall be lawful for the person presiding to commit any person for a breach of the peace or violation of good order to the charge and custody of any Constable or Constables, person or persons, on view, for such time as he shall deem expedient, or by writing under his hand, to commit such offender to the Common Gaol of the District in which such Municipality is situated, for any period not exceeding ten days.

mand the as-
sonatables and
others.
May commit

Councillors to

XIV. And be it enacted, That each Councillor shall, at the same time that he shall of qualification take the oath of office as aforesaid, take also an oath of qualification in the form of the

take an oath

at the same

time with the

oath of office. Councillors ceasing to

hold the pro

tion to go out of office.

Schedule to this Act number one or number two as the case may require, or to the same effect; such oath being made before the same person who shall administer the oath of office, and being subscribed by the Councillor taking the same; and if at any time the property described in any such oath as forming the qualification of the Counperty qualifica cillor taking the same shall be alienated or he shall cease to hold the property mentioned in such oath, if he shall have qualified as a Lessee, then the seat of such Councillor shall be vacated and another elected and appointed in his stead, unless he shall within one month after such time again take and subscribe an oath of qualification before some Justice of the Peace as aforesaid, describing therein other property qualifying him to be a Councillor and each such oath of qualification shall be forthwith transmitted by the person before whom it is taken, to the Secretary of the Council to of the Council. be by him kept among the records of his office, and shall be open to the inspection of Bankruptcy to all voters at all reasonable times; and the seat of any Councillor who shall become or disqualify. be a Bankrupt, shall be immediately vacated and another shall be elected in his stead.

Exception.

Oath of quali

fication to be

transmitted to the Secretary

Governor in
Council to ap-

lors for any

Parish or
Township

XV. And be it enacted, That if any Parish or Township shall refuse or neglect to point Council elect Councillors in the manner hereinbefore provided, the Governor in Council shall appoint them or so many as ought to have been appointed, but were not, ex officio upon a statement made on oath before some Justice of the Peace by any two Electors, that no election of such Councillors has been had within the time limited by this Act; and the Councillors so appointed shall be subject to the same duties and penalties as if they had been elected at a general meeting, and shall go out of office and be replaced as directed by this Act.

failing to elect

them.

Councillors so appointed to be subject to the

same provisions as if

elected.

Councillors

elected in their absence to

XVI. And be it enacted, That the Councillors elected at any general meeting, but not present thereat, shall within eight days after their election shall have been notified take an oath of to them by the person presiding at such meeting, take before the said person or any Justice of the Peace in such County, who shall certify the same to the said person, an oath of office in the following form:

office within a certain time.

The oath,

act until he has taken such oath.

"You, A. B., promise and swear (or affirm) that you will faithfully, and to the best "of your judgment and ability, discharge the duties of Councillor of the municipality "of so help you God."

No person shall And any person elected a Councillor shall, after having taken the said oath or made the said affirmation, and after having taken the oath of qualification hereinafter mentioned, and not before, be deemed to be legally appointed to the said office, and shall be bound to perform the duties thereof.

Each officer

or functionary

of the Council to take a like

oath of office.

How recorded.

Within what time Councillors and func

XVII. And be it enacted, that a like oath (or affirmation) of Office shall be made before the Mayor or Secretary Treasurer of the Council, or a Justice of the Peace, (each of whom is hereby authorized to administer the same,) by each officer or functionary appointed by the Council, and a record of the taking of such oath or affirmation, shall be made in the Journal of the Council.

XVIII. And be it enacted, That every person elected or appointed to the Office of Councillor as aforesaid, and every other officer and functionary appointed by the tionaries must Council as herein provided, shall within eight days at farthest after receiving notice of

of office.

contravention. How recover

his election or appointment, accept the said Office, and every such Councillor shall take such oath take the oath of Office and of Qualification hereinbefore prescribed, and every such officer and functionary shall take the oath of Office hereinbefore prescribed, under a penalty on contravention in either case, of not less than Fifty Shillings, nor more than Penalty for Five Pounds Currency, which penalty, if not forthwith paid, may be forthwith sued for in the manner hereinafter mentioned, and may be levied at any time after the expira- ed, levied and tion of eight days, after such refusal or neglect, by seizure and sale of so much of the appropriated. Offender's Goods and Chattels as may suffice, by virtue of a Warrant under the Hand and Seal of a Justice of the Peace, to be issued at the instance of the Secretary-Treasurer, or of any Inhabitant elector of the Municipality, upon the oath of any one competent witness, and one third of such penalty shall belong to the Prosecutor, if he be not a Public Functionary or Officer, and the remaining two thirds to the Corporation, and if the prosecutor be a Public Functionary or Officer, the whole shall belong to the Corporation: Provided always, that nothing herein contained shall subject any person Proviso as to elected or appointed a Councillor, to a penalty for not taking the oath of office and of persons not qualification, if he be not qualified.

qualified.

functionaries

refusing to serve shall be replaced by others elected or appointed in

XIX. And be it enacted, That after the refusal or neglect as aforesaid, of any person Councillors or elected as Councillor, for a Parish or Township, to take the oath herein required to be taken as the case may be, or either of them, it shall be lawful for the other Councillor, having taken the oath of office and of qualification, and if there be no other Councillor, then for three qualified voters in such Parish or Township and he or they is and are hereby required to call a general meeting of the such Parish or Township, to elect another Councillor in the place of such person, by public notice given eight days previously, in the manner provided by this Act; and after such refusal by any officer or functionary appointed by the Council, such Council shall appoint another in his stead.

XX. And be it enacted, That in case of a vacancy in the office of any such Councillor, functionary or officer, by reason of his death or permanent absence from the Municipality, or his absence for more than six months, or incapacity happening after his election or appointment, such vacancy shall be filled either by election at a General Meeting called as aforesaid, if for the election of a Councillor, or by the Council, if for the election of a functionary or officer as the case may require.

XXI. And be it enacted, That on the day appointed for the first meeting of the Council, the Councillors then present, having taken the requisite oath of office and of qualification shall meet and choose from among themselves a Chairman, whose place in case of absence at any time may be filled by a temporary Chairman, to be chosen by the Members present; and such Chairman shall be designated by the name of "The Mayor of the Municipality of

," adding the name of the

County and the number of the division if the County be divided, and he shall not hold office for more than one year, unless re-elected if he continue to be such Councillor; and whenever a vacancy shall occur in the Mayoralty by the Mayor going out of office as a Councillor or otherwise, the Council shall at its first meeting thereafter proceed to elect a Mayor.

their

How the meet

ing for the new be called.

Election shall

How vacancies occasioned sence &c. shall

by death, ab

be filled.

Each Council shall at its elect a chair

first meeting

man or mayor.

His term of
office.
the office how
to be filled.

Vacancies in

XXII. And be it enacted, That a majority of the Council shall be a quorum for the Quorum of transaction of business; provided that a smaller number may adjourn from time to each Council time, and the absent members may be compelled to attend in such manner and under Proviso.