containing a population of at least three hundred souls, which already forms part of a municipality of a township, of part of a township or of united townships or of the municipalities of several contiguous townships situated in the same county, on petition signed by at least two-thirds of the electors of such territory, and by a majority of electors of the remaining portion of the said municipality; provided that there remains in each municipality, from which such territory is detached, a population of at least three hundred souls.

Such resolution must be preceded by a public notice given for such purpose and be approved and published in the manner prescribed by article 41." 35 V., c. 8, s. 1; 41 V., c. 18, s. 3; 41-42 V., c. 10, s. 2; 42-43 V., c. 22, s. 1.

6035. Article 38 shall read as follows:

"38. The name of a township municipality is Municipality of the township of (name of the township).' The name of a municipality of part of a township is Municipality of the part of the township of' (naming the township and substituting in the place of the word North, South, East or West to suit

*

*

the case.)

(name

That of a municipality composed of portions of several townships is Municipality which is given to it by the county council.)" 34 V., c. 68, s. 38; 41-42 V., c. 10, s. 3.

6036. Article 40 shall read as follows:

"40. United townships form a local municipality under the name of 'Municipality of the united townships of' (name of the townships)." 34 V., c. 68, s. 40; 48 V., c. 28, s. 2.

6037. Article 42 shall read as follows:

"42. The territory thus annexed to the rural municipality becomes part of such municipality for all municipal purposes." 34 V.. c. 68, s. 42 ; 48 V., c. 28, s. 3.

6038. Article 46 shall read as follows:

"46. The territory, so separated forms of itself a distinct local municipality, under its proper name, according to the rules already established." 34 V., c. 68, s. 46; 48 V., c. 28, s. 4.

6039. The following articles are added after article 48:

"48a. Whenever there is, within the limits of a rural municipality, a group of at least sixty houses on a territory not exceeding two hundred and fifty arpents in superficies, the council of such municipality may, upon a

petition signed by two-thirds of the municipal electors who are at the same time proprietors resident in the said territory, pass a by-law to define the extent and the limits of such territory, and to cause it to be known as an unincorporated village under such name, as it may deem. expedient to give it. 41 V., c. 18, s. 4.

"48b. As soon as such by-law comes into force, the council of the municipality is vested with the same powers and authority to make by-laws, with regard to such unincorporated village, as that of the council of a village municipality working under the provisions of this Code, except however those conferred by articles 617 to 623a and 637 to 640, inclusively." 41 V., c. 18, s. 4.

6040. Article 52 shall read as follows:

"52. The county council, on presentation of a petition. signed by two-thirds of the municipal electors, who are at the same time proprietors resident in the territory which is sought to be erected into a village municipality, names a special superintendent charged to visit such territory for the purpose of ascertaining the number of houses therein built and inhabited, and to report on such petition." 34 V., c. 68, s. 52; 41 V., c. 18, s. 5.

6041. Article 63 shall read as follows:

"63. The proclamation comes into force on the day of its publication in the Quebec Official Gazette; and two copies thereof, certified by the Provincial Secretary, must be sent to the office of the county council." 34 V., c. 68, s. 63; 41 V., c. 18, s. 6. ̧

6042. The following article is added after article 65:

65a. Every rural municipality having a population of ten thousand souls, as established by the last general census, or by a special census certified by the mayor or secretary-treasurer, may be erected into a village municipality by proclamation of the Lieutenant-Governor in Council, upon petition of the majority in value of the proprietors of the said municipality according to the valuation roll then in force, and upon a resolution of the council of the municipality, setting forth that it is in the interest of the inhabitants of the locality that such erection into a village should take place; provided always that the territory does not exceed forty-five arpents in superficies, and that such resolution be accompanied with a plan showing the metes and bounds of the municpiality. The territory, as described in the proclamation, forms a village municipality under its own name, dating from the coming into force of the proclamation; but the councillors in office remain so until the expiration of their

term, as if the erection had not taken place." 49-50 V., c. 21, s. 1.

6043. Article 72 shall read as follows:

"72. Every territory forming part of a rural municipality, adjoining a town or village municipality, situated in the same county as such town or village, may, by a resolution of the county council, be annexed to such town or village municipality." 34 V., c. 68, s. 72; 47 V., c. 18, s. 1. 6044. Article 74 shall read as follows:

"74. Every town or village municipality may be annexed to another adjoining local municipality in the county, by proclamation of the Lieutenant-Governor, on a petition signed by at least two-thirds of the electors of such town or village municipality, as well as by two-thirds of the electors of the municipality to which such first named municipality is sought to be annexed.

Any part of a town or village municipality may, in the same manner, be annexed to any local adjoining municipality in the county, provided there remains, in the town or village municipality, a territory of sixty arpents in superficial extent, containing forty inhabited houses.

Nevertheless, when a village municipality is situated partly in one and partly in another of two adjoining parishes, either of such parts of the village municipality may be annexed to the municipality of the parish of which such portion of the village municipality forms part, provided that the petition, praying for such annexation, be signed by all the proprietors residing in the portion which demands such separation, and provided also that there remains, in the municipality of the village, a territory of sixty arpents in superficies, containing forty inhabited houses." 34 V., c. 68, s. 74; 36 V., c. 21, s, 2; 41-42 V., c. 10, s. 4.

6045. Article 76 shall read as follows:

"76. The territory of the town or village so annexed to any local adjoining municipality, forms part of such municipality, from the date of the coming into force of the proclamation; and if the whole of the municipality has been so annexed, it ceases from such time to form a distinct municipality." 36 V., c. 21, s. 3.

6046. Article 82 shall read as follows:

82. The council bound for the settlement of joint debts and obligations, and its officers, are authorized:

1. To collect, throughout the whole territory liable for such debts and obligations, the taxes imposed for the payment of the same by the by-laws in force at the time of the change of limits; or

2. To impose thereon, by by-law, new taxes to effect the full payment of such debts and obligations, with all the same rights and powers conferred upon the council and its officers that governed the same before the division and separation of the territory; or

3. The municipal corporation bound for the payment of the common debts and obligations may, after three months' notice duly served, claim and exact directly from the municipal corporation, charged with the administration of any portion of territory bound for such debts and obligations, the whole share collectively due by all the proprietors or occupants of taxable property comprised in such portion of territory.

The corporation, charged with the municipal administration of any such portion of territory so bound, may recover from the rate-payers bound for such debts and obligations, by means of by-laws or repartitions which it makes for such purpose, the amounts which it has so paid." 34 V., c. 68, s. 82; 48 V., c. 28 s. 5.

6047. Article 90 shall read as follows:

"90. No rate-payer of a territory detached or separate from a local municipality is obliged, in virtue of any procès verbal, act of repartition, by-law or order, in force at the time of the change of limits, to perform work upon municipal roads or bridges up to that time deemed to be local, and situated in the remaining part of the local municipality from which such territory has been detached or separated.

Notwithstanding article 5, the same rule applies to the ratepayers of any local municipality from which any territory has been detached or separated, respecting works of a similar nature situated within the limits of such territory." 34 V., c. 68, s. 90; 47 V., c. 18, s. 2.

SECTION III.

AMENDMENTS TO TITLE SECOND OF BOOK FIRST.

OF PROVISIONS COMMON TO ALL MUNICIPAL CORPORATIONS.

6048. Article 98 shall read as follows:

"98. The council or committees, on every question or matter pending before them, may:

1. Take communication of all documents and writings produced in evidence;

2. Summon any person residing in the municipality; 3. Examine under oath the parties and the witnesses produced by the parties, and administer or cause to be administered to them an oath or affirmation by one of their members or by the secretary-treasurer.

The council may declare who shall bear and pay. the costs incurred for the production of the witnesses

heard, or for the summoning of witnesses who have made default, and tax such costs, including the reasonable travelling expenses and fifty cents a day for the time of

the witnesses.

The amount thus taxed may be recovered, either by the corporation or by the person who has advanced and paid the same, as the case may be, in the manner prescribed for the recovery of penalties imposed by this Code." 34 V., c. 68, s. 98; 41-42 V., c. 10, s. 5.

6049. Article 110 shall read as follows:

110. An entry of the taking of the oath of office by the councillors and the head of the council, before one of the officers mentioned in article 6, shall be made in the minute book of the council." 46 V., c. 28, s. 1.

6050. Article 132 shall read as follows:

"132. The presiding officer of the council maintains order and decorum and decides questions of order, saving appeal to the council.

He has and may exercise, subject to appeal to the council, all powers conferred by article 301 on the presiding officer at an election." 34 V., c. 68, s. 132; 41-42 V., c. 10, s. 6.

6051. Article 134 shall read as follows:

"134. The chief of the council and the presiding officer, if also members of the council, vote each time a question is put to the vote; and in case of an equal division of votes, they have in addition the casting vote.

If the presiding officer be not also a councillor, he can only vote in the case of an equal division of votes. In case of an equal division of votes, the presiding officer is always bound to give the casting vote.' 34 V., c. 68, s. 134; 45 V., c. 35, s. 4.

6052. Article 144 shall read as follows:

"144. Every secretary-treasurer, before acting as such, must make oath to discharge well and faithfully the duties of his office, and must, within thirty days next following, give security in the manner prescribed by this Code.

Nevertheless the want of security shall in nowise prevent the secretary-treasurer from performing the duties of his office; but those members of the council under whom he acts, who have not exacted or demanded such security, shall be jointly and severally responsible in the same manner as are the sureties in virtue of article 147." 34 V., c. 68, s. 144; 41-42 V., c. 10, s. 7.

6053. The following article is added after article 155 :

"155a. The secretary-treasurer may, with the consent