such Trader or Tavern-keeper shall sell or trade without such license, under a penalty

of not less than ten pounds, currency, to be levied as hereinafter provided.

regulating

Twenty-firstly. The granting of licenses to keep Temperance Houses of public en- Licensing and tertainment, or for the general accommodation of Travellers, the sum to be paid for Temperance which shall not be less than twenty shillings, nor more than seventy-five shillings cur- houses. rency, and on contravention and non payment thereof by any such keepers of a Temperance House, he shall be subjected to a penalty of not less than ten pounds currency, to be levied as hereinafter provided.

counts from

Twenty-secondly. The causing proper accounts to be rendered to the Council at Requiring acfixed periods, by any Justice of the Peace, or by the proper officer of any Court of Justices Civil Jurisdiction, of all penalties imposed by the Council and recovered before such ceiving penalJustice or Court within the Municipality and payable for the uses thereof or for the the Municipause of other Municipalities, and for causing the amount to be paid over to the Secretary- lity. Treasurer.

ties payable to

Twenty-thirdly. The making rules and regulations for trying contested elections of Trying conmembers of their own body, and the trying of the said contested elections.

tested elections of Councillors.

for the preven

Twenty-fourthly. The making of By-laws for the prevention of fires, by regulating Regulations the mode of placing stoves and stove pipes, flues, furnaces and ovens in any house or tion of fires. other building, or the safe keeping of ashes.

Giving out the keeping of roads in repair in any particuthe Municipality, to theder.

lar portion of

purposes.

Twenty-fifthly. The giving out by contract, to the lowest bidder, the keeping in repair the summer and winter roads in any District or Township or portion thereof, or in any village or section thereof, in any Municipality, and the imposing and levying of any sum or sums of money at any time, in any such Parish, Township or portion thereof, or village or section thereof, at the discretion of the Council of the Municipality, provided that such sum shall be applied and expended only in such Parish or Township or Imposing local portion thereof, or village or section thereof, in and to which they shall have been res- rates for local pectively levied, and they shall be applied towards the building, repairing or recon- Proviso as to struction of any bridge, the entertaining or improving of any By-road, or the making the purposes of any improvement within the intent and meaning of this Act in any such Parish, rates shall be Township or portion thereof, or village or section thereof, and that after the passing of raised. this Act any person contributing to any such work or improvement shall be assessed Mode of asaccording to the value of his, her or their property, and not according to its extent in certain local front or superficies as heretofore; any law, usage or custom to the contrary in any wise passing of this notwithstanding.

for which such

sessing for

works after the

Act.

Councils may tion cause a

XXXIV. And be it enacted, That it shall be discretionary in the Council of each Municipality to procure a snow plough or other machine or contrivance sufficient to keep the roads opened and beaten as hereunder mentioned, for each Overseer's division, and to place the same in the custody and under the charge of the several Overseers of contrivance to roads in each Parish or Township, who shall cause the same to be worked and used be provided for by such a number of the inhabitants of his division, as he shall judge sufficient for its each overseer's use, and in rotation, after each and every fall of snow, so as to keep the road open and district. beaten to the width of at least eight feet, and the cost of such snow ploughs shall be Cost how to be defrayed. defrayed out of the funds at the disposal of the Council, or by a rate to be imposed for that purpose equally on the whole Parish or Township.

1

Penalty on Councillors not causing

valuation to be

made and rates

to be levied as

herein provid

How such pe

nalty shall be recovered and

applied.

Councilsin-the
District of

Gaspé to have

XXXV. And be it enacted, That if any Municipal Council shall refuse or neglect for the space of four months after their first meeting as aforesaid, to cause the taxable property in their Municipality to be valued in the manner required by this Act, or to cause such sums as they are hereby required to raise to be rated and levied as herein provided, each and every Councillor, (except such as shall have recorded their vote for making such valuation and levy as aforesaid) shall incur a penalty of not less than fifty shillings and not more than one hundred shillings currency, to be recovered by and for the use of any person who shall sue for the same in any Court having jurisdiction in civil matters to the amount of such penalty, and one moiety of such penalty shall belong to the Municipality, and the other moiety to the person who shall sue for

the same.

XXXVI. And be it enacted, That in the District of Gaspé each such Council shall in addition to the powers and authority hereby given, have also power and authority certain powers to provide rules and regulations for the Salmon Fisheries and other local fisheries carthe resulting ried on upon the shore, or upon any River Stream adjacent to or passing through the Municipality, and subject to its jurisdiction.

fisheries.

Former powers of the Grand

Voyers vested

in the Coun

cils, in so far

as may not be with this Act.

inconsistent

XXXVII. And be it enacted, That all and every the powers and authorities which by any Act or Acts, Ordinance or Ordinances, of the Legislature of Lower Canada, or By-law, were formerly vested in and might have been legally exercised by the Grand Voyers of the said Province, with regard to any highways or bridges or water courses for other than agricultural purposes (except in so far as the same are inconsistent with or repugnant to any of the provisions of this Act) shall from and after the first election or appointment of Councillors under the provisions of this Act, become and be vested in the several Municipal Councils hereby established within their respective limits; which Councils shall have full power and authority to cancel and alter all or any existing Procès-verbaux in which the said municipality shall be interested, and to apportion and distribute the public work to be done on the roads and bridges within the said Municipality, as the said Council thereof may deem expedient; and the Council shall have power to have the said highways and bridges examined by the Deputy Grand Voyer who shall report thereon to them; and in the exercise of such powers and authorities it shall in no case be requisite that a Procès-Verbal, for turning an old or opening a new highway or a new by-road, or to change an old bridge, or mark out a new one, or for any other purpose whatsoever, should be drawn up or that the same Court of Quar- should be confirmed or homologated by any Court of Quarter Sessions: Nor shall the

Councils may existing Procès

cancel or alter

Verbaux.

Procès-Verbaux not to be

necessary hereafter.

Nor the intervention of any

ter Sessions.

But the exercise of the said powers to be subject to the

Courts of

Review

hereinafter

constituted.

By-laws for the purposes aforesaid to have effect from the time of their passing.

intervention of any such Court or the exercise of its powers, be in any manner required for or in respect of the legal and effectual exercise of the said powers and authorities by the said Municipal Councils respectively as aforesaid; any law, usage or custom to the contrary notwithstanding; but the said exercise of such powers and authorities shall, in certain cases hereinafter specified, be subject to the approval of the Courts of Review hereinafter established.

XXXVIII. And be it enacted, That every by-law of the Council of 'any Municipality for changing the place of an old highway or by-road (route) or opening a new one, changing the place of, or reconstructing an old bridge or building a new one, annulling an old apportionment of work (répartition) or establishing a new one, with regard to any of the objects aforesaid, shall have force and effect after the same shall have been passed by the Council of the Municipality; provided that it shall be competent for

any

any person interested in the matter of such By-law, and deeming himself aggrieved thereby, to appeal therefrom within fifteen days after the passing thereof to the proper Court of Review hereby constituted for such purpose, notice whereof shall be given to the said Council within the said fifteen days.

Saving the party to appeal within a cer

right of any

. tain time to the proper Court of Review.

Such Court of the Circuit Court, or the

Review to be

Court of Q. B.

XXXIX. And be it enacted, That such Court of Review is hereby constituted of the Circuit Court sitting in each Municipality or nearest thereto, or the Court of Queen's Bench for the District in Inferior Term if the Municipality be within the local jurisdiction of such Inferior Term, and shall have power and is hereby required to hear in Inferior and finally determine all matters of difference or reference submitted to the same under the provisions of this Act; and the Court shall assign the reasons of its judgments, and such reasons shall be entered with the judgment in the register of the proceedings of the Court, by the Clerk of the said Circuit Court or Court of Queen's Bench in Inferior Term, as the case may be.

Term as the case may be.

Court to assign the reajudgments,

sons of its

and cause them to be entered.

Clerks of such

By-laws re

XL. And be it enacted, That it shall be the duty of the Clerks of such Courts, to Duties of the keep a register of the judgments of the said Courts, in matters heard and determined Courts as to therein under the provisions of this Act, and of the reasons assigned for the judgment, proceedings on when any By-law shall be rejected, to enter such By-laws at full length if homologa- jected or conted, and to keep minutes of the proceedings of the Court; and the mode of proceeding firmed. of the said Courts of Review shall be, as nearly as may be, similar to that in the Cir- Form of procuit Courts or Court of Queen's Bench in Inferior Term, and the Clerk of each said casdingin each Circuit Court or Court of Queen's Bench in Inferior Term, shall be also the Clerk of the said Court of Review.

proceedings.

XLI. And be it enacted, That the said Clerk shall be entitled to demand and receive Fees to the for all fees and emolument on each appeal one shilling for each one hundred words of Clerk on such the original judgment, to be paid by the Councils of the Municipalities interested, and six pence for every hundred words in each subsequent copy of the same, when such copy shall be applied for by any party, to be paid by the party so applying.

XLII. And be it enacted, That there shall be delivered to the several municipalities interested therein, to be deposited among the records thereof-the registers, papers and documents of the heretofore municipal Districts established in virtue of the Ordinance of the Governor and Council of the late Province of Lower Canada, passed in the Fourth year of Her Majesty's Reign, and the registers, papers and documents of the Parish and Township, Municipalities now subsisting and the several Procès-verbaux heretofore made and homologated at any time in reference to any roads and bridges within the said respective Municipalities; and in all cases where two or more Municipalities shall be interested in the same road or bridge, the documents and Procès. Verbal in relation thereto shall be deposited with the municipality containing, according to the last census return, the largest amount of population, and such municipality shall be held and is hereby required at its own expense, to furnish and deposit with the other municipality or municipalities interested in the road or bridge mentioned in the said Procès-Verbal a true copy of the said documents and original Procès-Verbal thereof, which copy shall be signed by the Mayor and Secretary-Treasurer of the said municipality having such original in deposit, and the said copy shall be held and considered authentic and have like force and effect as if the same were the said original Procès-Verbal; any thing to the contrary notwithstanding.

ments belong

Registers, pa pers and docu ing to former bridalities to the Councils Municipalities, and also all baux concerning roads, &c.

to delivered

of the new

Case where two Munici

palities shall be the same road

interested in

or bridge, provided for.

Copies to be

delivered to the Municipalities

interested and original docu

Secretary-
Treasurer to

keep minutes

XLIII. And be it enacted, That the Secretary-Treasurer of the Council shall keep a book, in which shall be entered the minutes of proceedings of the Council and the By

of all proceed- laws, Rules and Regulations made by the same ; and shall also receive for the said

ings of the Council.

And to de

mand and re

ceive money,

property, books, docu

former Municipalities, which are

Council of which he is an officer.

Council from the Parish or Township Councillors or Officers, or other person or persons whomsoever having charge thereof, all money, property, books, documents, plans, maps, manuscripts or records of whatsoever kind pertaining to the said Parish or Township Councils within the municipality and he shall cause the provisions of this

ments, &c., of Act in respect of such municipalities, and the rules and regulations established by the Councils thereof, and every matter or thing required to be done or performed under the authority of this Act, or of any of the said recited Acts or parts thereof, to be hereby assign- enforced against and executed by the parties subject thereto and the said Councillors or Officers of such Parish or Township Councils having charge of the same shall be and are hereby required to deliver up the same on demand to the Secretary-Treasurer Parties having of the Council of the County or municipality constituted under this Act under the penalty of fifty pounds, currency, to be awarded by the Court on application thereto, and shall also keep a register of all papers and documents on which any action shall have been taken by the Council, and such minutes and registers shall be signed at each sitting by the Mayor or temporary Chairman of the Council, and countersigned by the Secretary-Treasurer, and copies of such documents, so signed as aforesaid, shall be received in evidence in all Courts of Justice in this Province.

the custody thereof shall

deliver such

monies, papers, &c.

Penalty for refusal.

Minutes and documents on

which the Council shall take action to be signed and

XLIV. And be it enacted, That every officer or functionary appointed by the Councountersigned. cil shall be bound to return to them, at the time they shall prescribe, all papers and

pies to be evidence.

Officers and functionaries to deliver up

documents which shall have been furnished to him, or which he shall have prepared or caused to be prepared in the performance of his duties, under such penalty as the Council, or the Court before whom any prosecution shall be brought against him for

papers entrust- neglect or refusal to return the same, shall in its discretion inflict upon him, under the

ed to or prepared by them,

when called

upon by the

Persons having money,

papers, de be

longing to former Munici

palities may be

deliver the

same to the

proper Coun

provisions of the next following section.

XLV. And be it enacted, That any officer or person having in his hands at the time Council todoso this Act shall come into force, any money, property, papers or documents which before that time belonged to any former Municipal District or to any Municipality which by the operation of this Act shall cease to exist, shall forthwith pay over and deliver the same to the Secretary-Treasurer of the Council of the Municipality within the local limits whereof the former Municipal District or the Municipality which shall so cease to exist, or the greater portion of either according to population by the last census, shall be included, shall appoint to receive the same; and that any such Council may, by action before any competent Court compel any party having any papers or documents, or any money or property moveable or immoveable belonging or which ought to belong to the Corporation, to restore the same ; and the Court may further in its discretion, condemn any defendant who shall have wilfully or negligently refused to restore the same, to pay a fine not exceeding twenty-five pounds currency; Provided always, that the Council receiving any sum of money from any such Municipal District or Municipality ceasing to exist in other Munici- manner aforesaid, shall account to any other Municipality for such proportion of the

cil established

under this Act.

Action given

to recover the same.

Court may im

pose a penalty

in addition.

Proviso: account to be rendered to

palities in

same as such other Municipality may be entitled to claim in proportion to the amount terested. of population therein, and such proportion shall be paid to the said Municipality enApplication of titled to claim the same as aforesaid, and all such monies so received shall be applied covered by any first to the payment of debts due by such Municipal Districts or Municipalities ceasing Municipality.

re

to

to exist, and if any balance remain after payment of such debts, such balance shall be applied to the general purposes of the Municipality established by this Act.

Commissionin default, the ers' Court, or nearest Justice

of the Peace to the party

contestant, to to decide on any claim of a Municipal Council, what

be competent

XLVI. And be it enacted, That every Court of Commissioners for the trial of Small Causes held within the Parish or Township, or if there be no such Court then the Justice of the Peace in such Parish or Township residing nearest to the residence of the party contestant, shall be and is hereby declared a competent tribunal to take cognizance of, hear and determine any contest which may arise relative to any sum of money or thing claimed by any Municipal Council, or any officer or person acting for or by the order of such Council under this Act, or any part thereof, whatever be the nature or amount of the claim preferred, or of the fine or penalty to be imposed, and to enforce the same, eight days after judgment, by seizure and sale of so much of the goods and chattels of the defendant as may suffice, saving always the right of appeal, as pro- incurred. vided for in the next following section.

XLVII. And be it enacted, That an Appeal shall lie from such Judgment to the nearest Circuit Court, or to the Court of Queen's Bench for the District in inferior Term, if the municipality be not within some Circuit, on the Appellant's giving security that if the Appeal be dismissed, the costs incurred on the original contest aforesaid, and on the said Appeal, and the sum or thing touching which the Appeal is brought, shall be paid, delivered or re-imbursed.

XLVIII. And be it enacted, That the Appellant shall give notice of his intention to appeal within six days after the rendering of the Judgment, to the Court who shall have rendered it, by service of such notice on the Commissioners of the said Court, and such Appeal shall be begun by a summary Petition to, and prosecuted before such Circuit Court or Court of Queen's Bench in inferior Term, at its then first sitting, provided there shall intervene at least fifteen days before the said sitting, and if less than fifteen days shall intervene, then at the next sitting of the said Circuit Court or Court of Queen's Bench; and the Judgment of the said Court of Appeal shall carry costs or not at the discretion of the said Court, and as to justice may appertain.

XLIX. And be it enacted, That all fines and penalties imposed by this Act, or by any By-laws made or in force by the authority thereof, shall belong to the municipality in which or with respect to which the offence shall have been committed, unless it be otherwise herein specially provided.

L. And be it enacted, That nothing in this Act shall extend to those portions of the Parishes of Quebec, St. Roch and Montreal which are within the limits of the Cities of Quebec and Montreal respectively as incorporated by Law; but the Councillors of the said Parishes shall be elected by the inhabitants of those portions thereof which shall be out of the limits of the said Cities; Provided always, that wherever a Parish or Township shall extend into two municipalities, then the qualified voters in each portion thereof shall severally elect Councillors for each such portion, to wit, two Councillors for the more populous portion according with last Census, and one Councillor for the less populous portion, who shall represent the said Parish or Township in the Council of the municipality within * such portions shall be respectively situate.

ever be the amount of the sum claimed or of the penalty

Right of appeal saved.

by this Act. where a Parish or Township shall extend

Proviso: case

into two Mupicipalities