« PreviousContinue »
under oath before a justice of the peace, establishing the amount of such assessment for which the land is liable.
In all cases, however, in which the land in question has been adjudged and sold before the issue of the letterspatent from the Crown, such sale merely vests in the purchaser the right of pre-emption or other rights already acquired in relation to such land.” 34 V., c. 68, s. 1013; 39 V., c. 29, s. 19.
6214. Article 1022 shall read as follows:
“ 1022. The owner of any land sold under the provisions of the preceding chapter, may, within the two years next following the day of the adjudication, redeem the same, by reimbursing to the secretary-treasurer of the council of the municipality in which such land is situated, the amount laid out for the purchase of such land, including the cost of the certificate of purchase and the notice to the registrar, with interest, at fifteen per cent. per annum, every fraction of a year being reckoned as a year.” 34 V., c. 68, s. 1022 ; 47 V., c. 18, s. 10.
AMENDMENTS TO TITLE FIRST OF BOOK THIRD.
OF EXECUTION OF JUDGMENTS RENDERED AGAINST
6215. The following article is added after article 1030:
1030a. If the judgment has been rendered on debentures or coupons issued in virtue of a by-law, made by a county council, in conformity with article 974 of this Code, or to any special act to the same effect as such article, the apportionment to be made by the sheriff shall be in accordance with the terms of such by-law, and in the same proportion as the apportionment made by the county council under article 974; and in such case mention shall be made both in the judgment and the writ of execution that the county corporation has been condemned in virtue of such by-law.” 39 V., c. 29, s. 20.
AMENDMENTS TO TITLE SECOND OF BOOK THIRD.
OF THE RECOVERY OF PENALTIES IMPOSED IN VIRTUE OF
6216. Article 1049 shall read as follows:
“ 1049. In default of payment of the fine inflicted by the court and the costs, within fifteen days from the rendering of the judgment, the property of the person so
condemned is seized and sold, up to the amount of the penalty and costs; and, in default of property sufficient, the person condemned must be imprisoned for any time not exceeding thirty days, which imprisonment ends, however, on payment of the sum due.
Such imprisonment discharges the person who undergoes it from the obligation of satisfying the judgment against him.” 34 V., c. 68, s. 1049; 39 V.,
6217. Article 1050 shall read as follows :
“ 1050. The plaintiff or the complainant, whose demand or complaint has been dismissed with costs, is bound to pay such costs, under penalty of seizure or of imprisonment, in the manner and within the delay prescribed in the preceding article.” 34 V., c. 68, s. 1050 ; 39 V., c. 29, s. 22.
6218. Article 1061 shall read as follows :
“ 1061. An appeal lies to the Circuit Court of the county or of the district :
1. From every judgment rendered by justices of the peace, in suits brought under the provisions of this Code or of municipal by-laws ;
2. From every decision given by a county council respecting any procès-verbal made and homologated or any act of apportionment amended under the authority of such council, sitting otherwise than in appeal;
3. From every refusal to homologate a procès-verbal by a county council, sitting otherwise than in appeal; and from the dismissal, by any county council or by its superintendent, of any petition requiring the opening, construction, enlarging changing, altering or maintenance either of a road, bridge or water-course which is or should be under its jurisdiction ;
4. From any decision given by a local municipal council, in virtue of articles 7334, 738, 746 and 7464, respecting a valuation roll, whether the decision be rendered by the council of its own motion, or on complaint against the roll produced before it;
5. Whenever a local municipal council has neglected or refused to take cognizance of any written complaint made in virtue of article 735, or to obtain the revision and the amendment of the valuation roll in conformity with articles 746 and 7464, within thirty days after the expiration of the delay in which it might have taken cognizance thereof.
The costs of appeal are taxed, at the discretion of the judge, for or against such of the parties, municipal corporation or councillors personally, as he shall deem advisable, and are recoverable under a writ of execution issued in the usual manner.” 34 V., c. 68, s. 1061; 41-42 V., c. 10, s. 36 ; 43-44 V., c. 28, s. 1; 41-45 V., c. 22, ss. 4 and 5; 48 V., c. 28, s. 18.
6219. Article 1063 shall read as follows :
" 1063. The word “judgment,” employed in the following provisions of this title, includes also the decisions rendered by a municipal council or by a board of delegates, the dismissal by any superintendent of a county council of a petition, or the neglect or refusal of a local municipal council in the case inentioned in article 1061." 34 V., c. 68, s. 1063; 41-42 V., c. 10, s. 36; 43-44 V., c. 28, s. 1; 44-45 V., c. 22, s. 4; 48 V., c. 28, s. 18.
6220. Article 1064 shall read as follows:
“ 1064. The party who desires to appeal therefrom must, within thirty juridical days after the judgment is rendered :
1. Give an ordinary notice of such intention to the justice of the peace, or to one of the justices of the peace who rendered such judgment, or to the clerk, or at the office of the municipal council, if any municipal council is in question, or to the secretary of the board of delegates, if the appeal is from a decision of such board);
2. Furnish, before the clerk of the court where the appeal is brought, good and sufficient security to effectively prosecute the appeal, to satisfy the judgment and to pay the damages awarded, and costs incurred, as well of the inferior court, the council, or the board of delegates, as in appeal, in the event of the judgment being confirmed.” 34 V., c. 68, s. 1064 ; 39 V., c. 29, ss. 2 and 24.
6221. Article 1066 shall read as follows:
“1066. The appeal is brought before the court by means of a writ of appeal, signed by the clerk, setting forth that the appellant complains of having been aggrieved by the judgment appealed from, and commanding the justice of the peace or one of the justices of the peace, by whom such judgment was rendered, or their clerk or the secretary-treasurer of the council if the decision of any municipal council is in question, or the secretary of the board of delegates if the appeal is from a decision of such board, to transmit the record in the cause." 39 V., c. 29, s. 24 ; 45 V., c. 35, s. 30.
6222. Article 1067 shall read as follows:
“1067. A copy of the writ of appeal, certified by the
clerk or by the appellant's advocate, together with a notice of the day when it shall be presented to the court, must be served, within the thirty days next after the rendering of the judgment, on the respondent or his advocate, and on the justice of the peace or on one of the justices of the peace who rendered the judgment, or on their clerk, or at the office of the council, if the decision of a municipal council is in question, or on the secretary of the board of delegates, if the decision of such board is in question.” 34 V., c. 68, s. 1067 ; 39 V., c. 29, s. 2 ; 49-50 V., c. 34, s. 1.
6223. Article 1070 shall read as follows:
1070. The writ of appeal must be returned to the Circuit Court on or before the first juridical day of the term following the expiration of the forty days after the judgment was rendered, in default thereof the appeal lapses.
The appellant must produce on the day of the return of the writ of appeal, together with a return of the bailiff establishing the necessary services, a petition setting out summarily the title of the cause, the date of the judgment, the notice given, the security furnished, the grounds of appeal, with conclusions praying for the setting aside of the judgment and for the rendering of that which ought to be rendered.” 34 V., c. 68, s. 1070; 39 V., c. 29, s. 2.
AMENDMENTS TO EXCEPTIOXAL PROVISIONS.
6224. Article 1080 shall read as follows:
· 1080. In the municipality of the city of Sherbrooke, in the local municipalities of the counties of Compton, Stanstead, Brome, Missisquoi, in that of the county of Richmond, excluding the municipality of St. George of Windsor, and in those of the county of Shefford, excluding the municipalities of the townships of Milton and Roxton, in those of the county of Huntingdon, excluding the municipality of the parish of St. Anicet, and in the municipality of the township of Leeds, in the county of Megantic, as well as in the municipalities of L'Avenir, South Durham and the township of Durham, in the county of Drummond, all works on municipal roads and bridges are executed at the expense of the corporation in the same manner as if a by-law was passed to that end under article 535.
The councils of these municipalities may, by a by-law or resolution, ordain that the tax imposed for such works be commutable into statute labor according to a scale or tariff at a fixed rate.
The councils of these municipalities may make such
provisions as they deem the most equitable for the making and maintenance of the fences along municipal roads, or for ordering that such fences and all those making an angle with the fences of such municipal roads, for a distance of twenty-tive feet, be, during part of the year, kept down within twelve inches of the ground.
Such by-laws or orders may be put into force, as the councils may deem most equitable, either by compelling the proprietors of the adjacent lands to make such fences or to take them down as aforesaid, or in any other manner.
These provisions do not apply to quick-set hedges, to picket fences or those at a greater distances than twentyfive feet from the road, nor to those which cannot be taken down or replaced without great expense.
The councils of these municipalities may, by procèsverbal, define the time during which any by-road shall be built, without it being obligatory on the corporation to build any particular part of such road in any special time.” 34 V., c. 68, s. 1080 ; 39 V., c. 50; 41 V., c. 18, s. 38; 44-45 V., c. 22, s. 6; 45 V., c. 35, s. 33 ; 49-50 V., c. 21, s. 4; 51-52 V., c. 31, s. 1.
6225. Article 1081 shall read as follows:
108). The councils of the following local municipalities possess the functions and powers conferred upon county councils, in addition to those conferred upon local councils and they do not form part of the municipalities of the counties within which they are situated :
The municipality of l'Isle aux Coudres, in the county of Charlevoix ;
The municipality of Crane Island, in the county of Montmagny;
The municipality of the parish of Saint-Pierre de la Pointe-aux Esquimaux, and the municipalities of Tadousac and Escoumains, in the county of Saguenay.
The county of Charlevoix forms two separate county municipalities as follows:
The parishes of St. Siméon, St. Fidèle, St. Etienne de la Malbaie, St. Irénée, and Ste. Agnès, the townships of Callières, Chauveau, and De Sales, and the unorganized territory to the North of these parishes and townships, form a county municipality under the name of the Municipality of the first division of the county of Charlevoix '; and
The parishes of St. François Xavier de la Petite Rivière, Baie St. Paul, St. Urbain, Eboulements, and St. Hilarion and the unorganized territory to the North of these parishes form another county municipality under the name of the Municipality of the second division of the county of Charlevoix.'
The county of Chicoutimi forms two separate county municipalities as follows:
That part of the county to the North, East and South