Proviso; any

surplus of the price, to be paid into the Circuit Court

or Court of Q.

Term, to be

distributed ac

cording to law.

whole depth of the lot, shall then and there be offered for sale by the Secretary-Treasurer, and so on until the whole amount due shall be levied: Provided always if there be any surplus of the price remaining, it shall be returned into the Circuit Court for the place in which the land which shall be sold is situated, and in case the same shall not be Within the limits of any Circuit Court, then such surplus of price shall be returned into the Court of Queen's Bench sitting in the inferior term for the District in which the municipality is situate, to the end that it may be distributed amongst the Creditors of the Debtor according to Law, and such Creditors are hereby required to fyle their oppositions upon the surplus of the said price at the office of the Clerk or Prothonotary of the Court within ten days after such sale and not afterwards, and if there be no oppositions fyled, or if the claims of the Creditors be declared unfounded by the Court, the said surplus price shall be returned to the owner or proprietor or his Attorney for him when called for within twelve months after the sale, and if not called for during twelve months after such sale, the said surplus shall be kept by the Municipal Council to cover the rates which may thereafter become due by the owner of the remainder of where no other the same land; Provided that if the whole lot of land be sold and no other rateable property remains to the party within the Parish or Township, the surplus shall be returned as above mentioned when demanded even after six months as aforesaid

Money not

claimed within twelve calendar months.

the case

rateable pro

perty of the party shall re

main in the municipality.

The owner of the property

sold for rates, may redeem it year after the

during one

XXX. And be it enacted, That during the whole year next following such sale, the original owner or proprietor of the land so sold, or his Attorney for him, shall have the right of taking back the said land or portion of land on his re-imbursing the principal, interest, costs and ten per cent. above the whole amount, to the purchaser; and in that case the mortgages or hypothèques existing previously on the land so sold, otherwise than under the provisions of this Act, shall revive and be re-established and Consequences shall have their effect as if such sale had not taken place.

sale; and on what conditions.

of such redemption. Assignments to be laid

equally on all immoveable property in

XXXI. And be it enacted, That the Councils of the several Municipalities shall cause the necessary assessments to be equally rated upon all the immoveable property within their jurisdiction in proportion to the value of such property respectively, in cluding private which shall be included for rate all private domains and mill property belonging to Seigniors, though unconceded by such Seigniors; Provided that unconceded lands in the Seigniories shall be free from assessment, but that all Seigniors shall pay on account of their lucrative rights one-fortieth part of the sum assessed in the Municipalities lands not to be (paying in proportion to their Seigniory in the same, that is to say, one fortieth if the

domains and Mill property

of Seigniors.

Proviso: unconceded

assessed, but Seigniors to pay a certain portion of the whole sum assessed in the

Municipality in which their

Seigniory extends over the whole Municipality, and a proportionately less sum if it extends only over a portion of the Municipality,) of which they are Seigniors; Provided that in the sum total of assessment of which such fortieth part shall be taken, shall not be comprised the sum which the Seignior shall have paid or been assessed for on his domain and mill property; Provided that all buildings set apart for the use of the Civil Government, or for Military purposes, or for purposes of Education or of religious worship, parsonage houses and all charitable institutions or hospitals incorporated by Act of Parliament, and the lot of ground or land on which such buildings are or shall be erected, and also all burial grounds, shall be exempt from all rates to be imexempted from posed for the purposes of this Act.

seignories lie.

Proviso as to mode of cal

culating such proportion. Proviso: certain property

assessment.

Rates or as

sessments imposed before

XXXII. And be it enacted, That any rate or assessment imposed before the first day of June, one thousand eight hundred and forty-six, shall not be deemed invalid on ac1st June, 1846, count of its having been imposed after the time limited by the first above recited Act,

declared valid.

nor

nor shall the repeal by this Act of any Act or law under which the same shall have been imposed affect any arrears of such rates or assessments which shall remain unpaid after this Act shall come into force, but such arrears and all fines and penalties incurred under any such repealed law before the repeal thereof, shall and may be received, recovered and levied by the Council and proper officers of the Municipality within the limits of which the same shall have been imposed or incurred, as if the same had been imposed or incurred under the provisions of this Act.

XXXIII. And be it enacted, That the powers and authority of each Council shall Powers of the extend to the following objects:

several Coun

cils.

Bridges.

First. The opening, constructing, widening, altering and removing of highways and Roads and public bridges within the County, conformably to law, and for indemnifying the owners for any land taken for the same for which they are or may be by law entitled to be indemnified.

Secondly. The division of each Parish or Township into Surveyor's and Overseer's Establishment Districts.

of Overseers and Surveyors Districts.

Thirdly. The direction of the labour required by Law for the making, repairing Statute labour. and gradual improvement of the highways and public bridges.

Fourthly. The establishment of Public Pounds for the safe keeping of animals found Public Pounds. astray or doing damage on the highways or public bridges, or on the land of others than the owners of such animals.

Fifthly. The establishment and construction, erection and keeping in order of Toll Roads and Toll Bridges, within their local limits, and the fixing of the Tolls to be paid, which Tolls shall not be levied until they shall be sanctioned and approved by the Governor in Council: Provided always, that the powers hereby given to the said Councils, respectively shall not be construed to extend to any Road on which Tolls are by an Act, Ordinance, or Law authorised to be collected by Trustees or any Private Party, by whom the same may have been made or improved, nor shall this Act in any wise affect the Law relative to such Roads.

bridges.

Toll-roads and Tollproved by the Governor in Proviso:

Council.

Roads vested

in Trustees, or private parties

not to be affected.

money.

Sixthly. The borrowing and giving security, for any sum of money to be applied to Borrowing any of the purposes for which the said Councils are constituted, subject to the restrictions contained in this Act.

Seventhly. The requiring of sufficient security from all persons accountable for the Municipality monies, and from all contractors with the Councils, and the fixing of the amount of such security.

Taking security from Con

tractors, &c.

Contracts.

Eighthly. The making of all contracts relative to matters under their control, which Entering into after being duly considered by the Council, shall be signed by the Mayor, and countersigned by the Secretary-Treasurer.

Ninthly. The imposing of any rate payable in money, produce or work, which may Imposing rates be required for the purposes of the Corporation.

payable in money, work or produce.

Tenthly. The fixing and altering, as occasion may require, the times at which the Time of paycontributions of rates are to be paid by the parties liable, and the mode of levying of levying ing and mode

them.

rates.

-Superintending the rating

Eleventhly. The superintendence of the due rating or apportionment of all sums or of assessments. contributions assessed or imposed by them.

Licensing of
Ferries.

Acquiring and managing the requisite real

and bridges.

Twelfthly. The sole granting of Licenses for Ferries and fixing the levying of Tolls at such Ferries, as well as making such rules, regulations and by-laws for the Government of persons plying as Ferrymen across any river, stream, lake or water from and to any place or places, within the limits of the power and authority of each Council respectively, and for the fixing and regulating landing places within such limits.

Thirteenthly. The purchasing and acquiring of immoveable property, and the management thereof, and the acquisition from the Province gratuitously, or for consideraproperty, roads tion and on condition of keeping the same in proper repair, of any portion of a highway or of a public bridge made or erected by the Province, within the limits of the Municipality, whenever the Governor in Council may deem the said purchase and acquisition advantageous to the interests of the Province.

Investment of monies belong

Fourteenthly. The advantageous investment or deposit either in Savings Banks or ing to the mu- in Public Securities or otherwise, so as to create income for the Corporation of any nicipality. balance of monies which at any time may be in their hands.

Paying their
Officers.
Proviso:

Fifteenthly. The determining what officers it may be expedient to pay, and the fixing the amount of their salaries and the time and mode of paying them: Provided Councillors to always, that the said Mayor and Councillors shall not receive any such salary.

serve gratuitously.

Fines and

Sixteenthly. The fixing and determining, as occasion may require, the times and hours of sit hours of their sittings, in addition to the Quarterly sittings hereinbefore prescribed.

tings.

Causing ratea

ble immovea

Seventeenthly. The causing to be made by the Assessors or other proper persons, a ble property to valuation of the rateable immoveable property of the inhabitants of the Municipality once in every five years, such valuation to be considered as the basis of assessments, rates and contributions to be levied in the Municipality under the provisions of this or any other law whatsoever.

be valued once in five years.

Use of such valuation.

Officers for taking the Census.

Making regulations for

Eighteenthly. The causing the said Assessors or other fit and proper persons to be appointed by the Council, to take the Census of the Municipality at the periods and in the manner provided by law, which persons may, with their own consent, be taken from without the limits of the Municipality.

Nineteenthly. The making of rules and regulations for ensuring the due execution giving effect to of all laws which it may be their duty to carry into effect, and the imposing of fines and penalties on persons contravening such rules and regulations, no such penalty exceeding in any case two pounds ten shillings, currency.

laws.

Limitation of

penaltics.

Licenses to

showmen, traders, &c.

Twentiethly. The obliging each Circus Company, or Showman, or Exhibitor of Wild Beasts coming into the Municipality to pay to the Secretary-Treasurer, for the use of the Municipality, a duty of not less than five pounds nor more than ten pounds under penalty of twenty pounds on contravention thereof; and any wholesale or retail Trader to take out a license for keeping his store or shop for the sale of any goods excepting spirituous liquors, and the proportioning the sums to be paid for the same, which shall not be less than twenty shillings nor more than one hundred shillings, the Licen- currency; and the augmenting the amount to be paid on Tavern-keepers' licenses to any sum not exceeding seven pounds ten shillings, currency: Provided always, that no

Augmenting duty on

ses.

such

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.

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 regulating 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.

Requiring acJustices receiving penal

counts from

Twenty-secondly. The causing proper accounts to be rendered to the Council at fixed periods, by any Justice of the Peace, or by the proper officer of any Court of Civil Jurisdiction, of all penalties imposed by the Council and recovered before such Justice or Court within the Municipality and payable for the uses thereof or for the the Municipa use 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.

Regulations

for the preven

Twenty-fourthly. The making of By-laws for the prevention of fires, by regulating 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 particu lar portion of the Municipality, to the Imposing local rates for local Proviso as to

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 portion thereof, or village or section thereof, in and to which they shall have been respectively levied, and they shall be applied towards the building, repairing or reconstruction 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 this Act any person contributing to any such work or improvement shall be assessed according to the value of his, her or their property, and not according to its extent in front or superficies as heretofore; any law, usage or custom to the contrary in notwithstanding.

any wise

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 roads in each Parish or Township, who shall cause the same to be worked and used by such a number of the inhabitants of his division, as he shall judge sufficient for its use, and in rotation, after each and every fall of snow, so as to keep the road open and beaten to the width of at least eight feet, and the cost of such snow ploughs shall be 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.

XXXV.

for which such

raised.

Mode of ascertain local

sessing for

works after the passing of this

Act.

Councils in 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 carfor regulating ried on upon the shore, or upon any River Stream adjacent to or passing through the Municipality, and subject to its jurisdiction.

the fisheries.

Former powers

of the Grand

Voyers vested cils, in so far as may not be with this Act.

in the Coun

inconsistent

Councils may

cancel or alter

existing Proces

Verbaux.

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 baux not to be 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 should be confirmed or homologated by any Court of Quarter Sessions: Nor shall the 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.

Procès-Ver

necessary

hereafter.
Nor the inter-
vention of any

Court of Quar

ter Sessions.

But the exer

cise of the said powers to be

subject to the Courts of Review hereinafter

constituted.

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