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CHAPTER THIRD.

AMENDMENTS TO THE MUNICIPAL CODE.

SECTION I.

AMENDMENTS TO THE PRELIMINARY TITLE.

6025. Article 4 shall read as follows:

4. Every such corporation, under its corporate name, has perpetual succession, and may :

1. Acquire real and personal property by purchase, donation, devise, or otherwise, and hold and enjoy or alienate

the same;

2. Enter into contracts, transact, bind and oblige itself and others to itself within the limits of its functions;

3. Sue and be sued in any cause and before any court; 4. Exercise all the powers in general vested in it or which are necessary for the accomplishment of the duties imposed upon it;

5. Have a seal, of which, however, the use is not obligatory." 34 V., c. 68, s. 4; 41-42 V., c. 10, s. 1.

6026. Article 19 shall read as follows:

"19. The following expressions, terms and words, whenever they occur in this Code or in any municipal bylaws or other municipal orders, have the meaning, signification and application, respectively assigned to them in this article, unless the context of the provision declares or indicates the contrary:

1. The word "municipality " means solely the territory erected for the purpose of municipal administration.

In every municipality bounded by a navigable or a floatable river, the limits of the municipality extend to the middle of such river.

2. The terms "rural municipality" or "country municipality" include and mean parish municipalities, municipalities of part of a parish, of a township, of part of a township, of united townships, and generally every local municipality other than town or village municipalities.

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3. The adjective "local," when it qualifies the words municipality," "corporation," "council" and "councillor," refers indifferently to country, village or town councils, councillors, corporations or municipalities.

4. The word " parish" means any territory erected. into a parish by civil authority.

5. The word "township" means any territory erected into a township by proclamation.

6. The word "district" means a judicial district estab 'ished by law, and refers to the district in which the municipality is situated.

7. The word "county" means a territory erected into a county, for the purposes of representation in the Legislative Assembly of the Province.

If two or more counties are united to constitute an electoral district, the word "county" means each of such counties severally.

8. The term "chef-lieu" ("chief place") means the locality where the county council holds its sessions.

9. The terms" Circuit Court of the county " or " county Circuit Court" mean the Circuit Court in and for the county; and, if there is more than one Circuit Court in the county they include all that are therein established.

10. The terms "magistrate's court or "magistrate's court of the county" mean the magistrate's court established in the county by proclamation of the LieutenantGovernor and presided over by the district magistrate.

11. The words "head of the council" apply equally to the warden of a county and to the mayor of a local municipality. The terms "head of a corporation,” or “ head of a municipality" are also used.

The person referred to by the word "head" performs his duties under the name peculiar to his office, either as mayor or as warden.

12. The term "member of the council" means the head of the council or any councillor of the municipality.

13. The term "justice of the peace" refers also to the head of the council acting ex officio as justice of the peace

under article 125.

14. The word " session," employed alone, refers indifferently to an ordinary or general session and a special session.

15. The term " municipal office" includes all the duties. or functions discharged either by the members or officers of a municipal council.

16. The word "appointment " means and includes every election made by the municipal electors and every appointment made by the Lieutenant-Governor or by the municipal council, whenever, by the terms of the context, it does not refer specially to one of these cases.

This provision applies to the term "appoint" and its derivatives.

17. The term "taxable property" means and includes only the real property subject to municipal taxation, and the personal property declared taxable by article 710.

18. The word" owner" or "proprietor" means every one having the ownership or usufruct of taxable property or possessing or occupying the same as owner or proprietor, or occupying Crown lands under a location ticket; it applies to all co-proprietors, and to every partnership, association, iron or wooden railway company, or corporation whatsoever.

19. The word "occupant" denotes the person who occupies any immoveable under any title other than that of

proprietor, tenant, or usufructuary, either in his own or his wife's name, and who dwells upon the same and derives revenue therefrom.

19a. The word "tenant' includes also the person who is obliged to give to the proprietor any portion whatever of the fruits and revenues of the immoveable occupied by him, and such tenant shall, unless the tenant of a store, farm, shop or office, dwell upon such property.

20. The word "absent" denotes all persons whose domicile is without the limits of the municipality, nevertheless any person, corporation, iron or wooden railway company or any other company, which has any place of business whatever in the municipality, is deemed present or domiciled in such municipality.

21. The word "rate-payer" means any proprietor, lessee, occupant or other individual, who, by reason of the taxable property which he possesses or occupies in a municipality, is liable for the payment of municipal taxes or for the construction or maintenance of municipal works by contributions in materials, labor or money.

22. The term "municipal tax" means and includes:

1. All taxes and contributions in money imposed by municipal councils or under procès-verbaux or acts of apportionment;

2. All taxes and contributions in materials or labor imposed upon rate-payers for municipal works, under procès-verbaux or other municipal acts, and liquidated by a resolution of the council after special notice given to the rate-payers interested or by the judgment of any court;

3. All duties, fines or penalties declared in express terms "to be assimilated to municipal taxes" by the provisions of this Code, by municipal by-laws or any other law.

23. The word "range" refers to a succession of neighboring lots usually abutting on the same line; it means also a "concession" or a "row" (côte) taken in the same

sense.

24. The words "real estate" or "land" mean all lands or parcels of land in a municipality, possessed or occupied by one person or by several persons conjointly and include the buildings and improvements thereon.

25. The word "lot" means any land situated in any range as conceded or sold by the original title or by the oldest title that is to be found; it includes any subdivisions of such land made since the said concession or sale, with the buildings and other improvements thereupon,

26. The term "municipal bridge" means any bridge of eight feet in span or more, under the management of a municipal corporation.

It does not include the bridges mentioned in article 883. 27. The word "road" includes high-roads, streets, lanes, front roads, and local or county by-roads.

28. The term "boundary fence" means the fence dividing two public or private properties adjacent one to another. 29. The word "month" means a calendar month.

30. The expression "following day" does not mean nor include holidays, except when an act may be done upon a holiday.

31. The words "intoxicating liquors" or "strong liquors" mean all spirituous or malt liquors, all wines and every mixture of liquors or drinks, whereof any part is intoxicating.

32. The word "bond" means and includes all debentures issued by municipal corporations for the purpose of raising money.

33. The term "Municipal Code" used in any act, statute, by-law, writing, procedure, or document whatever, is a sufficient citation and designation of the Municipal Code of the Province of Quebec." ~34 V., c. 68, s. 19; 36 V., c. 21, s. 1; 40 V., c. 27, s. 1; 45 V., c. 35, s. 1.

6027. Article 20 shall read as follows :

"20. Every lot or piece of land is described by its number and by the name of the range or street, or by the limits and abuttals thereof, or in the manner prescribed by a resolution of the council.

In every municipality included in a registration division, in which the provisions of articles 2168 or 2176a of the Civil Code, respecting the plan and book of reference, are in force, the description of every lot of land is given by the corresponding number upon the plan and in the book of reference; if the lands forms part of a numbered parcel of land, it is described by declaring that it forms part of such parcel of land; and if it is composed of portions of more than one numbered parcel of land, it is described by declaring that it is so composed, and by indicating what portion of each numbered parcel of land it contains.' 34 V., c. 68, s. 20; 41 V., c. 18, s. 1.

6028. Article 21 shall read as follows:

"21. Every iron or wooden railway company is obliged to construct and maintain all fences, roads, bridges, and water-courses on the properties possessed or occupied by it in a municipality, and is subject to the provisions of the by-laws, procès-verbaux or other municipal enactments passed to that effect, even if such works for fences, roads, bridges and water-courses should not be of advantage to the company." 41 V., c. 18, s. 2.

6029. The following article is added after article 22:

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22a. The provisions of articles 21 and 22 also apply to federal and local government railways, whether such railways be worked by the government or by private parties." 45 V., c. 35, s. 2.

SECTION II.

AMENDMENTS TO TITLE FIRST OF BOOK FIRST.

OF THE ERECTION OF MUNICIPALITIES.

6030. Article 23 shall read as follows:

"23. Every territory which is declared by the provisions of this Code to form of itself a distinct county or local municipality dates its formation as such municipality, under its corporate name, as soon as such territory comes within the required conditions." 34 V., c. 68, s. 23; 48 V., c. 28, s. 1."

6031. Article 24 shall read as follows:

"24. Saving the exceptions contained in article 1081, every territory erected into a county for the purpose of representation in the Legislative Assembly of the Province constitutes by itself a county municipality, under the name of 'The municipality of the county of (name of the county). A county united to another county to constitute an electoral division does not cease to form by itself a separate county municipality." 34 V., c. 68, s. 24; 40 V., c. 27, s. 1.

6032. Article 33 shall read as follows:

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33. The county council may, in the same manner, annex to a parish municipality, any territory situated in one or more townships, or parts of townships, whether erected or not into municipalities, whether such territory has not been already joined to such parish for civil purposes, provided that such territory and parish be entirely situate in the same county." 34 V., c. 68, s. 33 ; 45 V., c. 35, s. 3.

6033. Article 35 shall read as follows:

"35. Any territory erected into a township situated entirely in one and the same county, and having a population of at least three hundred souls as appears of the last census or otherwise, forms of itself a township municipality.

The secretary-treasurer of a municipality, so organized, shall immediately give notice of the date of such organization, by publishing it in the Quebec Official Gazette.

A township with a population of less than three hundred souls must be annexed to an adjoining rural municipality in the county." 34 V., c. 68, s. 35; 51-52 V., c. 29, s. 1.

6034. The following article is added after article 37 :

"37a. The county council may, by resolution, erect into a municipality of part of a township any territory

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