All questions such penalties as may be provided by any By-law to be made by such Council; and

to be decided by a majority of votes-the Mayor or Chairman to have a casting vote, but no other.

Quarterly Metings appointed.

Council may

meet at other times to be appointed by them.

Proviso: fail

ure to meet not Corporation.

to dissolve the

Councils to make rules

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.

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 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 aforesaid.

XXIV. And be it enacted, That each Council shall have power to make and from touching their time to time alter such rules and regulations as they shall deem requisite for the conmode of pro- duct and good order of their proceedings. ceeding, &c.

Councils to

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

officers.

Secretary

Treasurer.

Voyer-his

powers.
Three Asses-
sors or Valua-
tors.

One or more
Collectors.

Surveyors and

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 their appointment; and such Inspectors and Pound Keepers shall be governed in the performance of duties of their offices, by the provisions of the Act of the Legislature 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.

Overseers of

Roads &c

Pound keepers

Inspectors of fences, &c.

Term of office.

Pound keepers

W. 4. c. 56. &c.

Councils may raise and as

sess monies for

the purposesici

XXVI. And be it enacted, That each Council shall have power, after a previous 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 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.

six pence in the yearly value, to be calper cent. on the actual

the pound of

culated at six

value. Proviso: previous estimate indispensable.

rates shall be

payable and from whom reTo be a special charge on the

coverable.

XXVII. And be it enacted, That the said rates shall be payable by and recoverable By whom the 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.

real property, on which they

are due.

And after five ment the pro

years non-pay

perty may be sold for such rates.

given.

XXVIII. And be it enacted, That the manner of proceeding to the sale of any lands Mode of selling or of a portion thereof, after the rates due thereon shall have remained unpaid during five rates. years, shall be as follows, that is to say: the Secretary-Treasurer shall, by order of the Notice to be 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 SecretaryTreasurer, 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.

Effect of a deed

Secretary

of sale by the Mayor or Treasurer, to the purchaser for rates. Proviso: sales only, and land to be immediately resold if the price be not paid down.

of lands sold

to be for cash

XXIX. And be it enacted, That where lands have been originally granted by the What portion acre, not more than eleven rods and a half of the front by the whole depth of the lot shall be put up and where they have been so granted by the arpent, not more than ten perches in front to sale at once. 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

Proviso; any

surplus of the price, to be paid into the Circuit Court

or Court of Q.

Term, to be

distributed ac

cording to law.

whole depth of the lot, shall then and there be offered for sale by the Secretary-Treasurer, and so on until the whole amount due shall be levied: Provided always if there be any surplus of the price remaining, it shall be returned into the Circuit Court for the place in which the land which shall be sold is situated, and in case the same shall not be Within the limits of any Circuit Court, then such surplus of price shall be returned into the Court of Queen's Bench sitting in the inferior term for the District in which the municipality is situate, to the end that it may be distributed amongst the Creditors of the Debtor according to Law, and such Creditors are hereby required to fyle their oppositions upon the surplus of the said price at the office of the Clerk or Prothonotary of the Court within ten days after such sale and not afterwards, and if there be no oppositions fyled, or if the claims of the Creditors be declared unfounded by the Court, the said surplus price shall be returned to the owner or proprietor or his Attorney for him when called for within twelve months after the sale, and if not called for during twelve months after such sale, the said surplus shall be kept by the Municipal Council to cover the rates which may thereafter become due by the owner of the remainder of where no other the same land; Provided that if the whole lot of land be sold and no other rateable property remains to the party within the Parish or Township, the surplus shall be returned as above mentioned when demanded even after six months as aforesaid

Money not

claimed within twelve calendar months.

the case

rateable pro

perty of the party shall re

main in the municipality.

The owner of the property

sold for rates, may redeem it year after the

during one

XXX. And be it enacted, That during the whole year next following such sale, the original owner or proprietor of the land so sold, or his Attorney for him, shall have the right of taking back the said land or portion of land on his re-imbursing the principal, interest, costs and ten per cent. above the whole amount, to the purchaser; and in that case the mortgages or hypothèques existing previously on the land so sold, otherwise than under the provisions of this Act, shall revive and be re-established and Consequences shall have their effect as if such sale had not taken place.

sale; and on what conditions.

of such redemption. Assignments to be laid

equally on all immoveable property in

XXXI. And be it enacted, That the Councils of the several Municipalities shall cause the necessary assessments to be equally rated upon all the immoveable property within their jurisdiction in proportion to the value of such property respectively, in cluding private which shall be included for rate all private domains and mill property belonging to Seigniors, though unconceded by such Seigniors; Provided that unconceded lands in the Seigniories shall be free from assessment, but that all Seigniors shall pay on account of their lucrative rights one-fortieth part of the sum assessed in the Municipalities lands not to be (paying in proportion to their Seigniory in the same, that is to say, one fortieth if the

domains and Mill property

of Seigniors.

Proviso: unconceded

assessed, but Seigniors to pay a certain portion of the whole sum assessed in the

Municipality in which their

Seigniory extends over the whole Municipality, and a proportionately less sum if it extends only over a portion of the Municipality,) of which they are Seigniors; Provided that in the sum total of assessment of which such fortieth part shall be taken, shall not be comprised the sum which the Seignior shall have paid or been assessed for on his domain and mill property; Provided that all buildings set apart for the use of the Civil Government, or for Military purposes, or for purposes of Education or of religious worship, parsonage houses and all charitable institutions or hospitals incorporated by Act of Parliament, and the lot of ground or land on which such buildings are or shall be erected, and also all burial grounds, shall be exempt from all rates to be imexempted from posed for the purposes of this Act.

seignories lie.

Proviso as to mode of cal

culating such proportion. Proviso: certain property

assessment.

Rates or as

sessments imposed before

XXXII. And be it enacted, That any rate or assessment imposed before the first day of June, one thousand eight hundred and forty-six, shall not be deemed invalid on ac1st June, 1846, count of its having been imposed after the time limited by the first above recited Act,

declared valid.

nor

nor shall the repeal by this Act of any Act or law under which the same shall have been imposed affect any arrears of such rates or assessments which shall remain unpaid after this Act shall come into force, but such arrears and all fines and penalties incurred under any such repealed law before the repeal thereof, shall and may be received, recovered and levied by the Council and proper officers of the Municipality within the limits of which the same shall have been imposed or incurred, as if the same had been imposed or incurred under the provisions of this Act.

Repeal of

former acts not to affect rates imposed impos under them.

By whom the same, and also penalties under

former may be recovered, &c.

XXXIII. And be it enacted, That the powers and authority of each Council shall Powers of the extend to the following objects:

several Councils.

First. The opening, constructing, widening, altering and removing of highways and Roads and public bridges within the County, conformably to law, and for indemnifying the owners Bridges. for any land taken for the same for which they are or may be by law entitled to be indemnified.

Secondly. The division of each Parish or Township into Surveyor's and Overseer's Establishment Districts.

of Overseers and Surveyors Districts.

Thirdly. The direction of the labour required by Law for the making, repairing Statute labour. and gradual improvement of the highways and public bridges.

Fourthly. The establishment of Public Pounds for the safe keeping of animals found Public Pounds. astray or doing damage on the highways or public bridges, or on the land of others than the owners of such animals.

Tolls to be ap

Fifthly. The establishment and construction, erection and keeping in order of Toll Toll-roads and Roads and Toll Bridges, within their local limits, and the fixing of the Tolls to be paid, Toll bridges. which Tolls shall not be levied until they shall be sanctioned and approved by the Governor in Council: Provided always, that the powers hereby given to the said Councils, respectively shall not be construed to extend to any Road on which Tolls are by an Act, Ordinance, or Law authorised to be collected by Trustees or any Private Party, by whom the same may have been made or improved, nor shall this Act in any wise affect the Law relative to such Roads.

proved by the Governor in Proviso: in Trustees, or private parties

Roads vested

ed.

to be affect

Sixthly. The borrowing and giving security, for any sum of money to be applied to Borrowing any of the purposes for which the said Councils are constituted, subject to the restric- money. tions contained in this Act.

Seventhly. The requiring of sufficient security from all persons accountable for the Municipality monies, and from all contractors with the Councils, and the fixing of the amount of such security.

Taking security from Con

tractors, &c.

Contracts.

Eighthly. The making of all contracts relative to matters under their control, which Entering into after being duly considered by the Council, shall be signed by the Mayor, and countersigned by the Secretary-Treasurer.

Ninthly. The imposing of any rate payable in money, produce or work, which may Imposing rates be required for the purposes of the Corporation.

payable in money, work or produce.

Time of pay

Tenthly. The fixing and altering, as occasion may require, the times at which the contributions of rates are to be paid by the parties liable, and the mode of levying in and mode

-Superintending the rating of assessments.

Licensing of
Ferries.

Acquiring and managing the requisites requisite real

property, roads

and bridges.

Investment of monies belonging to the municipality.

Paying their
Officers.

Proviso:

Eleventhly. The superintendence of the due rating or apportionment of all sums or contributions assessed or imposed by them.

Twelfthly. The sole granting of Licenses for Ferries and fixing the levying of Tolls at such Ferries, as well as making such rules, regulations and by-laws for the Government of persons plying as Ferrymen across any river, stream, lake or water from and to any place or places, within the limits of the power and authority of each Council respectively, and for the fixing and regulating landing places within such limits.

Thirteenthly. The purchasing and acquiring of immoveable property, and the management thereof, and the acquisition from the Province gratuitously, or for consideration and on condition of keeping the same in proper repair, of any portion of a highway or of a public bridge made or erected by the Province, within the limits of the Municipality, whenever the Governor in Council may deem the said purchase and acquisition advantageous to the interests of the Province.

Fourteenthly. The advantageous investment or deposit either in Savings Banks or in Public Securities or otherwise, so as to create income for the Corporation of any balance of monies which at any time may be in their hands.

Fifteenthly. The determining what officers it may be expedient to pay, and the fixing the amount of their salaries and the time and mode of paying them: Provided

Councillors to always, that the said Mayor and Councillors shall not receive any such salary.

serve gratuitously.

Fines and

hours of sittings.

Causing rateable immovea

Sixteenthly. The fixing and determining, as occasion may require, the times and hours of their sittings, in addition to the Quarterly sittings hereinbefore prescribed.

Seventeenthly. The causing to be made by the Assessors or other proper persons, a ble property to valuation of the rateable immoveable property of the inhabitants of the Municipality

be valued once in five years.

Use of such

valuation.

Officers for taking the Census.

Making regu

lations for

once in every five years, such valuation to be considered as the basis of assessments, rates and contributions to be levied in the Municipality under the provisions of this or any other law whatsoever.

Eighteenthly. The causing the said Assessors or other fit and proper persons to be appointed by the Council, to take the Census of the Municipality at the periods and in the manner provided by law, which persons may, with their own consent, be taken from without the limits of the Municipality.

Nineteenthly. The making of rules and regulations for ensuring the due execution giving effect to of all laws which it may be their duty to carry into effect, and the imposing of fines

laws.

Limitation of

penalties.

Licenses to showmen, traders, &c.

Augmenting

and penalties on persons contravening such rules and regulations, no such penalty exceeding in any case two pounds ten shillings, currency.

Twentiethly. The obliging each Circus Company, or Showman, or Exhibitor of Wild Beasts coming into the Municipality to pay to the Secretary-Treasurer, for the use of the Municipality, a duty of not less than five pounds nor more than ten pounds under penalty of twenty pounds on contravention thereof; and any wholesale or retail Trader to take out a license for keeping his store or shop for the sale of any goods excepting spirituous liquors, and the proportioning the sums to be paid for the same, which shall not be less than twenty shillings nor more than one hundred shillings,

the duty onen currency; and the augmenting the amount to be paid on Tavern-keepers' licenses to any sum not exceeding seven pounds ten shillings, currency: Provided always, that no