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. tions. Proviso as to Secretary- Exemptions, son elected XI. And be it enacted, That none of the following persons shall be elected a Coun- Disqualifica cillor or appointed to any office in the appointment of the Council: First, Persons in 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 may with his own consent be appointed a Secretary-Treasurer to the Corporation Thirdly, Officers of Her Majesty's Army or Navy on full pay: And the following persons shall be exempt from serving in any such office except with their own consent: First, Members of the Legislative Council, Members of the Legislative Assembly, 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. XIII. And be it enacted, That the person presiding at any meeting for the election of 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. XIV. Person presid ing at the elecnister oaths of and of office. Powers to maintain good tion to admi qualification order. Proviso if such person be himself elect ed. Persons presiding at elections of Councillors to be the peace, during such conservators of elections. He may command the asconstables and sistance of others. May commit offenders to Gaol. 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 lors for any Parish or 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. Penalty for contravention. How recover ed, levied and appropriated. his election or appointment, accept the said Office, and every such Councillor shall take such oath take the oath of Office and of Qualification herein before 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 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 expiration of eight days, after such refusal or neglect, by seizure and sale of so much of the 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. XIX. And be it enacted, That after the refusal or neglect as aforesaid, of any person 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. XXII. And be it enacted, That a majority of the Council shall be a quorum for the transaction of business; provided that a smaller number may adjourn from time to time, and the absent members may be compelled to attend in such manner and under such qualified. Councillors or refusing to serve shall be replaced by others elected or appointed in How the meeting for the new be called. functionaries their stead. Election shall How vacances occasioned sence &c. shall by death, ab be filled. to be decided All questions such penalties as may be provided by any By-law to be made by such Council; and that all questions arising in any Council shall be decided by the majority of votes; and in case of equal division, the Mayor or temporary Chairman shall have the casting vote; the said Mayor or temporary Chairman having in no other case a right to vote. by a majority of votes-the Mayor or Chairman to have a casting vote, but no other. Quarterly Me tings ap pointed. Council may meet at other XXIII. And be it enacted, That after the first meeting as aforesaid, there shall be four regular Quarterly Sittings of each Council in every year, to be held on the second Monday in each of the months of June, September, December and March; besides which regular sittings, each Council may meet so often as they may deem it expedient times to be ap- SO to do for the despatch of business; and they shall themselves fix the time of all except the Quarterly Sittings, and the place within the locality hereinbefore appointed for each County or division of a County, and the hour of all, and shall give public notice accordingly; and their sittings shall be public: Provided always, that if the Council of any Municipality shall not meet at any time when by Law they ought to meet, they shall not therefore be deemed to be dissolved, but such Council may thereafter hold any future Quarterly or other meetings, as if they had not failed to meet as pointed by them. Proviso: fail ure to meet not to dissolve the Corporation. Councils to make rules touching their mode of proceeding, &c. Councils to officers. Secretary- Voyer-his powers. One or more aforesaid. XXIV. And be it enacted, That each Council shall have power to make and from time to time alter such rules and regulations as they shall deem requisite for the conduct and good order of their proceedings. XXV. And be it enacted, That each Council shall appoint a Secretary-Treasurer of appoint certain the Council, who shall at the same time, be the Secretary and the Treasurer of the Corporation, one Deputy Grand Voyer for the County, who shall have and exercise the superintendence of roads and bridges in the municipality, and the laying out and Deputy Grand making of the same under the direction of the said Council, and also for each Parish or Township, three Assessors who shall be also the valuators of all property liable to assessment and rates therein; one or more Collectors, and so many Surveyors and Overseers of roads and bridges, Inspectors of fences and ditches, Pound Keepers and other public officers, as they shall deem convenient, useful and necessary for the due execution of the laws relative to matters under their administration and superintendence; all which said officers and functionaries shall remain in office two years after Pound keepers their appointment; and such Inspectors and Pound Keepers shall be governed in the Inspectors of performance of duties of their offices, by the provisions of the Act of the Legislature Term of office. of Lower Canada, passed in the sixth year of the Reign of King William the Fourth, Inspectors and and intituled, An Act to repeal a certain Act therein mentioned, and more effectually to to be guided by remedy divers abuses prejudicial to agriculture, and of any other Act or Law having Act of L. C.6 relation to their said duties, in so far as the same may not be inconsistent with this Act. Surveyors and Overseers of fences, &c. Pound keepers W. 4. c. 56. &c. Councils may raise and as the purposes of the Municipality, on all rateable property therein, XXVI. And be it enacted, That each Council shall have power, after a previous sess monies for estimate of the expenses necessary to be incurred for any purpose within their jurisdiction, to raise and assess such sum as may be necessary to cover the amount of such estimate, and cause the same to be apportioned by rate upon the owners of property liable to assessment and being within the municipality, (whether such owners be or be after a previous not resident therein) in proportion to the value of their respective rateable property in the municipality, provided that such rates shall not in any one year exceed in the whole six pence in the pound on the annual value of such property, which annual estimate. Proviso: rates not to excecd value shall be taken at six per centum of the actual value of such property, as ascertained by the valuation thereof, to be made by order of the Council of the Municipality as herein provided for; and provided also, that all rates imposed by any Municipal Council (whether of a City or Town, save and except the Cities of Montreal and Quebec, and Town of Three Rivers) or of a Village or Rural Municipality without such previous estimate as aforesaid, shall be null and void. XXVII. And be it enacted, That the said rates shall be payable by and recoverable from the owner, occupant or possessor of rateable property, and if such owner, occupant or possessor be unknown, the said Secretary-Treasurer shall for the purposes of such rates and their collection only be held to be the owner, occupant or possessor of such property, and that the said rates shall, if not paid, (in default of personal property or goods or chattels, to be sold or disposed of as provided by this Act) be a special charge, bearing hypothéque and not requiring registration to preserve it, on all immoveable property on which such rates shall be due, which said property or so much thereof as may be necessary, shall be liable to be sold after a lapse of five years, whatever be the amount due. XXVIII. And be it enacted, That the manner of proceeding to the sale of any lands or of a portion thereof, after the rates due thereon shall have remained unpaid during five years, shall be as follows, that is to say: the Secretary-Treasurer shall, by order of the Municipal Council announce publicly during three consecutive Sundays at the door of the Church or other place of Public Worship in the Parish or Township in which such lands are situate, immediately after Divine Service in the forenoon, or by advertisement affixed during the same space of time at two of the most public places in such Parish or Township if there be no place of Public Worship therein, and also by advertisement published three several times in the Canada Gazette, that so many acres or arpents or other quantity of such lands, as the case may be (describing such property by its number if known, or by its metes and bounds) will, on the day appointed for the purpose in the said advertisements, and which shall not be before the expiration of two months from the date of the first advertisement in the said Gazette, be sold by public auction, as shall be sufficient to pay the said rates with interest at six per cent per annum from the time they became due, together with the costs of advertising and sale ; and a deed of sale to the purchaser, executed and signed by the Mayor and Secretary Treasurer, shall be a legal title for the portion so sold, and shall confer on the said purchasers the same rights with regard to the same, as a judgment of confirmation of title confers by law, and cancelling also the mortgage or hypothéque created by this Act on the remainder of the lands for the non-payment of rates; Provided always, that the condition of such sale shall be, that the purchaser shall pay at the time of adjudication the amount of his purchase, and in default thereof he shall have no right whatsoever to the property so bought, but the same shall immediately and without further notice be put up for sale de novo and adjudged to the highest bidder. of the land shall be put up sale at once. XXIX. And be it enacted, That where lands have been originally granted by the acre, not more than eleven rods and a half of the front by the whole depth of the lot and where they have been so granted by the arpent, not more than ten perches in front to also by the whole depth of the lot, shall be offered for sale in the first instance; and if the proceeds be not sufficient to cover the amount of rates, interest and costs as above mentioned, another eleven and a half rods, or another ten perches, in front by the |