.

Wilful false

swearing or

LI. And be it enacted, That any person who shall wilfully swear or affirm falsely in

affirming to be any matter in which an Oath or Affirmation is required by this Act, shall be deemed guilty of wilful and corrupt perjury, and shall be liable to be punished accordingly.

perjury.

Until first

January, 1819, not affect any

Procès-Verbal under which any persons may be bound to perform work out of

LII. And be it enacted, That until the first day of January one thousand eight hundred and forty-nine, nothing in this Act contained shall have the effect of delaying, annulling or preventing the operation of any Procès-Verbal or By-law of a Municipal Council obliging the inhabitants of one or of several Municipalities, or any of them, to perform labour on any public road, bridge or watercourse out of their respective Municipalities, but that such public road, bridge or watercourse shall be kept up, maintained, repaired and constructed anew in such manner as may be directed in such ProcèsVerbal or By-law, and that for this purpose the Council of the Municipalities wherein the public road, bridge or watercourse on which such non-resident inhabitants may be obliged by such Procès-Verbal or By-law to perform labour, may be situate, shall have Procès-Verbal, jurisdiction over such non-resident inhabitants, and is hereby authorized to oblige them

their own mu-
nicipality-
Powers of
the Council
consequent
upon such

Effect of any such Procès Verbal to cease

on first Jany., roads and bridges to be made

1849, and

and repaired

solely by the

inhabitants of

the Municipat

lity in which

they lie.

Proviso: Tolls

may be levied

on such roads

or bridges for

merly made or repaired by inhabitants of

another Municipality.

Proviso as to watercourses.

Inhabitants of

a Village

having a cer

tain number of a certain area,

houses within

by all lawful means to perform their respective portions of labour, as if they were resident inhabitants, until it be otherwise ordered.

LIII. And be it enacted, That upon, from and after the first day of January one thousand eight hundred and forty-nine, the next preceding section shall cease to have force and effect; and that upon, from and after the said day, all the roads and public bridges in any Municipality shall be opened, made and kept in repair by the inhabitants thereof alone, but the Council of any Municipality may, before or after the said day, make a turnpike or toll road or a toll bridge, of any road or bridge, which before the said day shall have been, under any Procès-Verbal, By-law or Law, made or kept in repair by the inhabitants of some other Municipality: Provided always, that nothing in this section shall extend to the making, changing or cleansing of any watercourse.

SECOND PART.

VILLAGES, TOWNS OR BOROUCHS.

LIV. And be it enacted, That the inhabitants qualified as aforesaid to vote at elections of Municipal Councillors in each Village or Town not already incorporated, containing forty houses or upwards, within a space of thirty superficial arpents or acres, shall be entitled to hold a meeting, at which the Senior Justice of the Peace or may address Senior Officer of Militia shall preside, on being thereunto requested by any three the Municipa- land-holders in such Village or Town, and may at such meeting determine whether a limits assigned requisition shall or shall not be made to the Council of the Municipality, praying them to fix limits and boundaries for such Village or Town for the purposes of this Act.

the Council of

to it.

to have

How a Meeting shall be called for de

termining whether such

address shall

LV. And be it enacted, That it shall be the duty of the Senior Justice of the Peace, on being thereto requested by any thirty land-holders in any Village or Town containing forty houses within a space of thirty superficial arpents or acres, to call, by public notice to be given at the door of the Parish Churches and places of public worship, (and if there be no places of public worship, then at two of the most frequented places in the Municipality in which the Village or Town shall be situate,) a Meeting shall meeting of the land-holders and of the tenants paying respectively a rent of not less than

be presented. Notice.

Of whom the

than five pounds, currency, resident in the Village or Town, to consider whether it be or be not expedient to apply to the Council of the Municipality to fix limits and boundaries to such Village or Town.

Petition to be
upon by the
Council of the
Municipality.

forthwith acted

clamation.

LVI. And be it enacted, That in the first session of the Council held after the presentation of the said petition, (provided such session be not held before the expiration of eight days after such presentation,) it shall be the duty of the Council of the Municipality to fix the limits and boundaries of the Village or Town so applying, and to describe the same in writing, and the Governor in Council shall have power, on Governor in receipt of a duly attested record of the proceedings had by such Council of the Muni- Council may cipality, and after ascertaining the sufficiency of the description of the limits and limits by proboundaries therein set forth, by proclamation to declare the same to be such limits and boundaries, and copies of such Proclamation shall be posted up during two consecutive weeks at the door of the Church or place of public worship of the most numerous religious denomination in the Parish or Township in which such Village or Town shall lie, or at two of the most frequented places therein, if there be no place of public worship; and a further copy thereof shall be transmitted to the Justice of the Peace or Officer of Militia who shall have presided at the meeting in the Village or Town, to be by him delivered to the Mayor thereof, whenever the Council of such Village or Town shall be constituted in the manner hereinafter provided: Provided always, that nothing herein contained shall authorize the Council of any Municipality to diminish the limits of any Town, Borough, or Village already fixed by competent authority. And provided also, that if upon petition and enquiry the Governor in Council shall deem the limits so assigned to be insufficient, the said Council of the Municipality may alter such limits and establish others in their stead.

LVII. And be it enacted, That within eight days after the publication of the limits assigned to any Village, Town or Borough, by the Council of the Municipality, one of the Councillors of the Parish or Township in which such Village or Town shall lie, shall call a public meeting of the land-owners and tenants in such Village or Town, by a public notice to be posted up during eight days before the meeting, at two of the most frequented places in the Village or Town, and shall preside at such meeting, at which seven persons resident therein, and being electors, shall be elected to be Councillors for such Village or Town: Provided always, that no elector for any Village or Town shall, after the Incorporation thereof, vote at any election under this Act, for the Municipality in which such Village or Town may lie, nor shall any elector for the Municipality thereafter vote at any election, for such Village or Town, nor shall any person vote at any election under this Act, for any place within which he shall not be resident.

1

Proviso: limits

already incor

of Villages porated not to be disturbed. Governor in Council may alter the limits first assigned

Proviso:

upon petition

by the Munici-
pal Council.

Public meet-
lified inhabi
village to be
called and held
of seven Coun-
cillors.

ing of the qua

tants of the

for the election

Proviso: who wards vote at elections for lity or for the Village.

shall after

the Municipa

After such

election the in

LVIII. And be it enacted, That forthwith after such election shall have been completed by the taking of the oath of office by the Councillors elected, the inhabitants of habitants shall such Village or Town shall be, and are hereby constituted a body politic and corporate, by the name of "The Corporation of the Village (or Town) of

دو

porabo
," Name.
To have, with-

be a body cor

in the Village or Town, the same powers as the Council of

as the case may be ; and such Corporation shall, within the limits of the Village or
Town, have the same privileges and powers as the Corporation of any Municipality
hath within the limits thereof, and shall be represented by the Council elected in con-
formity with the next preceding section; and such Village or Town shall thereafter
be wholly detached from the Municipality, the Council whereof shall have thereafter lity within the

the Municipa

1

Proviso: No
Turnpike or

no jurisdiction in such Village or Town: Provided always, that the Council of such Toll Road to Village or Town shall have no power to establish any Toll or Turnpike Road within

be established

within any

Village or

Town.

Order and time

in and at which the Councillors

the limits of such Village or Town.

LIX. And be it enacted, That three of the Councillors to be determined by lot of each Village or Town shall go out of office at the end of the first year, and shall be replaced or may be re-elected at a General Meeting, for two years; and the three re

shall go out of maining Councillors and the Councillor who in the first year shall have been elected

office.

Councillors to

as Mayor shall go out at the end of the second year; and after so going out, those elected in their stead, or themselves if re-elected, shall remain respectively two years in office.

LX. And be it enacted, That forthwith after having taken the oath of office, the elect as Mayor, Councillors for such Village or Town shall meet and choose from among themselves

Inspector.

Duties of the

Inspector.

Powers of the
Village or
Town Coun-

cil.

Also to orga

nize Compa

nies of Fire

men and to

establish

and regulate markets.

Mayor to be elected in each year.

a Chairman, who shall be the Mayor of the Village or Town, and shall continue to act as such for one year; and an Inspector in and for the said Village or Town who shall cause to be executed the provisions of this Act in reference to such Village or Town, and all such rules, regulations and By-laws as may by the said Councillors be duly made and established from time to time for such Village or Town under the provisions hereof; and from that time the said Councillors shall have within the limits of such Village or Town the same powers and functions, in so far as they may be applicable, as the Councils of Municipalities have within the limits thereof, and shall, moreover, have power to form one or more organized companies of firemen for extinguishing or arresting the progress of fires, and to make regulations for the internal Police of such Village or Town, and the right ordering, establishment or construction of Markets; any law or custom to the contrary notwithstanding.

LXI. And be it enacted, That the election of a Mayor shall take place once in each year; and in case of his absence from the Council, his place shall be filled by a TemQuorum of the porary Chairman elected by the Members of the Council then present; and the quorum of any such Council shall be an absolute majority of the total number of Councillors, including the Mayor.

Council fixed.

Further powers of the Council as to Public streets and places.

Proviso as to private property.

Further powers of the Council.

Prevention of fires.

LXII. And be it enacted, That the Council of any Village or Town shall also have power to make By-laws for the laying out, making, straightening, levelling, draining, repairing or gradually widening of the Streets, and the draining of any lot of land therein, as they shall deem expedient or necessary for the health and embellishment of the Village or Town; Provided they oblige no party, without his consent, to pull down any building without compensation, or to furnish without compensation the ground which may be deemed requisite for making such streets or for any public squares.

LXIII. And be it enacted, That the Council of each Village or Town shall also have power to make By-laws for the following purposes, that is to say:

First. For the prevention of fires, either by regulating the mode of placing stoves or stove pipes, flues, furnaces or ovens in any house, or the mode of keeping ashes.

Secondly.

and streets upon them.

Secondly. For prescribing the manner in which any vacant lots in the Village or Vacant lots Town shall be enclosed, and fixing the direction and width of any streets to be made on such vacant lots in the Village or Town.

roofs of houses.

Thirdly. For obliging proprietors of houses to have ladders from the ground to the Ladders to roofs of their houses, and from such roofs to the tops of the chimnies.

Fourthly. For obliging such proprietors to provide themselves with proper fire- Fire buckets. buckets.

Fifthly. For preventing persons from entering stables, barns, or out-houses with Entering a candle or lamp without having the same well enclosed in a lantern, or entering the with lights not same with a lighted cigar or pipe, or carrying into the same any fire not properly properly in

secured.

closed.

in out houses

Sixthly. For preventing any person from lighting or having any fire in any wooden Lighting fires out-house or building, unless the same be in a chimney or in a stove of iron or metal, without proper or from conveying fire through any street, or public place, garden or yard, without chimnies, &c. confining the same in some metal vessel.

Seventhly. For preventing persons from putting hay, straw or fodder in any dwel- Keeping hay ling house.

or straw in dwelling houses.

furnaces of

bakers, potash makers, &c.

Eighthly. For preventing any baker, potter, blacksmith, brewer, manufacturer of pot Regulating or pearl ashes, or other manufacturer, or other person, from building, making, having or using any oven or furnace, unless the same adjoin and open into some chimney of stone or brick, which shall rise at least three feet higher than the top of the house or building in which such oven or furnace shall be.

Ninthly. For providing for the safe keeping of gun-powder in boxes of copper, tin or Safe keeping lead, and for preventing the sale thereof after sun set.

Tenthly. For preventing persons from passing along the streets or public places in or with any vehicle or on horse back at any faster pace than an ordinary trot.

and sale of Gun powder.

Fast Riding or Driving.

Eleventhly. For preventing the throwing of any filth, rubbish or ordure into any street Throwing filth or public place, and for enforcing the removal thereof.

into streets,

&c.

coal.

Twelfthly. For preventing the erection of any furnace for making charcoal of wood. Making CharThirteenthly. For preventing the lighting of any fire in any street or public place. Lighting fires

Fourteenthly. For regulating the mode in which quick lime may be kept or depo- Keeping quick

sited.

lime.

Fifteenthly. For preventing hogs, sheep, goats, horses, cattle, poultry or other ani- Preventio mals from straying at large in any street or public place.

straying in streets, &c.

Sixteenthly. For preventing, punishing and removing all encroachments and nui- Preventingensances on streets and public places.

Seventeenthly. For empowering their Inspector or other officer to visit houses, outhouses and buildings in which they may suspect offences against such By-laws are committed, (such officer, first obtaining a Warrant from some Justice of the Peace, who is hereby empowered to grant it,) and for punishing all persons who shall refuse admittance

croachments or nuisances.

Empowering visit houses and buildings ditions, and at

Making rules for ensuring executions of By laws, and

pe

imposing nalties, not ex

ceeding£210s.

Rates imposed by the Council of the Munici

pality to be

paid until re

pealed or al

tered by the

Village or

Town Council.

Until any Vil

lage or Town

is made a sepa

rate Corpora

tion, the Coun

cil of the Mu

nicipality to have the powers aforesaid.

This Act not to affect the incorporation of auy Village

or Town under former Acts.

Or the elections of Coun

cillors, &c. Exception: Councillors to be elected on

the same day

as for the Mu

nicipalities, and under the same provisions.

The like as

to Villages and Towns hereafter incorporated.

All elections after the first to be on the same day.

into such house, out-house or building, to any Inspector or other officer having such Warrant, between the hours of nine in the forenoon and four in the afternoon.

Eighteenthly. For making rules and regulations for ensuring the due execution of all such By-laws, as it may be their duty to carry into effect, or as may be required to be observed, and the imposing of fines and penalties on persons contravening the said Bylaws, rules and regulations; no such penalty in any case to exceed the sum of fifty shillings currency.

LXIV. And be it enacted, That the proceeds of all assessments or taxes theretofore laid upon the Village or Town by the Council of the municipality shall be paid by the parties liable thereto to the Treasurer of the Village or Town, until repealed or altered by the Council thereof.

LXV. And be it enacted, That until any Village or Town shall be actually separated from the municipality under the provisions of this Act, the Council of the municipality shall have in such Village or Town the same powers and authority, and for the same purposes, as are conferred on the Council of any Village or Town when so separated.

LXVI. Provided always, and be it enacted, That nothing herein contained shall be construed to alter or affect the limits or invalidate the incorporation of any Village or Town incorporated and made a municipality under the provisions of any Act hereby repealed or any other Law, or to affect the constitution of the Village or Town Council or the tenure of office of any Mayor, Councillor or Officer, the incorporation, elections and appointments of all of which shall remain valid as if incorporated, had, appointed and elected under this Act, save and except that on the day hereinbefore appointed for the first General Election of Councillors for the municipalities hereby established, the Councillors and Mayor of each such Village or Town shall go out of office, and a new election of all the Councillors shall be had on such day, and not before, at whatever time they may have been elected, and the proceedings at, previous or subsequent to such election shall be governed by the provisions of this Act; and on whatever day the first election of Councillors shall be had for any Village or Town incorporated after the passing of this Act, the Councillors who are next to retire from office shall so retire on the day of general election of Councillors next after the expiration of one year from such first election; anything hereinbefore contained to the contrary notwithstanding, it being the intention of this Act that after the first election in any Village or Town, the election of Councillors therein shall be on the day of the General election of Councillors.

This Act to be printed and distributed without waiting for

GENERAL PROVISIONS.

LXVII. And be it enacted, That it shall be the duty of the Provincial Secretary forthwith after the passing of this Act, to cause to be printed a sufficient number of copies of the same, and to cause them to be distributed to all the Parishes or Town

the other Acts. ships, without waiting for the ordinary printing and distributing of other Acts. LXVIII. And be it enacted, That this Act shall extend only to Lower Canada.

To extend only to Lower Canada.