The Corpora tion may ac quantity of land over and above what is absolutely ne cessary for any such fine shall not exceed five pounds, currency, nor such imprisonment thirty days, in the Common Gaol of the, District. LXXXII. And be it enacted, That in all cases where, for the purpose of openquire a certain ing any new street, square, market-place, or other public highway or place, or for continuing, enlarging, or otherwise improving those streets, squares, market-places, or other public highways or places now made, or as a site for any public building to be erected by the said Council, the said Council shall deem it advantageous to purchase and acquire, or take and enter upon, more than the ground actually required for any of the said purposes, it shall be lawful for the said Council, so as aforesaid, to purchase and acquire an extent over and above what may be required for the above purposes; provided nevertheless, such extent do not exceed one hundred feet in depth, by whatever length may exist. street, square, or market place, &c. Public Act. LXXXIII. And be it enacted, That this Act shall be held and taken to be a public Act, and as such shall be judiciously taken notice of by all Judges, Justices, and persons whomsoever, without being specially pleaded. MONTREAL:-Printed by STEWART DERBISHIRE and GEORGE DESBARATS, An Act to amend the Ordinances incorporating the City of Quebec. WH [29th March, 1845.] Ordinance 3 and 4 Vict. cap 35. Ordinance 4 Vict. cap. 31. WHEREAS it is expedient to repeal in part and to amend the Ordinance Preamble. of the Legislature of Lower Canada, passed in the session held in the third and fourth years of Her Majesty's Reign, intituled, An Ordinance to incorporate the City and Town of Quebec, and the Ordinance of the said Legislature, passed in the fourth year of Her Majesty's Reign, intituled, An Ordinance to amend the Ordinance to incorporate the City and Town of Quebec, and to vest certain additional powers in the Corporation created by the said Ordinances: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to Re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the Corporation created by the Ordinance first above Corporate cited by the name of The Mayor, Aldermen and Citizens of the City of Quebec, shall hereafter be known and designated by the name of The Mayor and Councillors of the City of Quebec, but this shall not be understood to create any new Corporation, or in any way to affect any right or liability of the said Corporation or any proceeding by or against the same, which shall be continued without interruption in the corporate name hereby assigned. II. And be it enacted, That there shall hereafter be no Aldermen of the said City, and the ninth section of the Ordinance first cited, and the fifth section of the Ordinance secondly cited, and so much of any other part of the said Ordinances or name changed. There shall hereafter be no the said City. Aldermen of Day for the election of Councillors changed. St. John's Ward and St. Roch's Ward to be represented each by four Councillors instead of three. Poll may be closed imme diately if there be no contest. or of either of them, as assigns the title of "Alderman" to any Member of the Council of the said City, or as relates in any way to the office of Alderman, shall be and is hereby repealed. III. And be it enacted, That so much of the said Ordinances or of either of them as fixes the day of the election of Councillors of the said City shall be repealed, and that henceforth such election shall be held on the first Monday in February in each year; and the Councillors who without this Act would have gone out of office before the first Monday in February, one thousand eight hundred and forty-five, shall remain in office until that day. IV. And be it enacted, That Saint John's Ward and Saint Roch's Ward, respectively, shall hereafter be entitled to be represented in the Council of the said City by four Councillors instead of three, any thing in the fourteenth section of the Ordinance first cited notwithstanding; and to this end the electors of each of the said Wards shall, at the election to be holden on the first Monday in February, one thousand eight hundred and forty-six, elect two Councillors instead of one; and on the first Monday in February in each year thereafter one fourth of the number of Councillors representing each of the said Wards shall go out of office, instead of one third as provided by the said Ordinance. V. And be it enacted, That at all elections of Councillors, hereafter, the poll shall be opened at nine of the clock in the forenoon, and if the electors be unanimous in their choice, the officer or person presiding at the election shall forthwith proclaim the candidate (or candidates) so chosen to be duly elected Councillors, without its being necessary that any poll be held; and if the election be contested in any Ward, the poll shall be kept open from nine in the forenoon, until four days instead of o'clock in the afternoon, during two days instead of one; any thing in the seventeenth section of the Ordinance first cited to the contrary notwithstanding. If a contest, the Poll shall be open two one. VI. And be it enacted, That the Mayor or Chairman presiding at any meeting of the Council of the said City shall not vote, except in case the votes of the other Members be equally divided, in which case he shall give a casting vote; and so much of the thirty-sixth section of the Ordinance first cited, or of the eleventh section of the ordinance secondly cited, as enabled him to vote in any other case, is hereby repealed. VII. And be it enacted, That the Council of the said City may cause to be forthwith removed from off any market, street or public place therein, any person, animal, goods or effects, which may be placed or allowed to remain upon same, contrary to the rules and regulations of the said Council. the VIII. And be it enacted, That the Council of the said City shall be and is hereby authorized, to make By-Laws and Regulations concerning persons exercising the trade or calling of Butcher, Baker, Huckster, Pedlar, Carter, Boatman, Tavern Keeper or Inn Keeper, Porter or Messenger, and to oblige these classes of persons to take out licenses from the said Council, and to pay reasonable fees for the same. IX. And be it enacted, That the said Council may also make By-Laws and Regulations concerning dogs, and may impose a penalty on the owners of dogs who shall contravene the same, and may cause dogs to be shut up or destroyed if found at large, when they may deem it expedient for the safety of the citizens. Council may make regula tions as to certain trades and callings. And concern ing dogs. X. And be it enacted, That the Council of the said City shall publish their City accounts accounts annually, in both languages, in two newspapers published at Quebec. XI. And be it enacted, That any copy of a By-Law of the Corporation, or other document, certified by the City Clerk, and having the Common Seal of the said Corporation thereto annexed, shall be held authentic, and shall accordingly be received in evidence in all Courts, civil or criminal, without further proof unless it be expressly pleaded that such signature and seal are forged. XII. And be it enacted, That the Council of the said City, upon complaint of an overcharge of assessment, may reduce such overcharge in a summary manner, if after examination they shall see fit so to do. XIII. And be it enacted, That the Council of the said City may cause a general plan of the said City to be made, by which said plan all persons whosoever shall abide: Provided always, that the said plan shall be deposited during the space of six calendar months in the Office of the Prothonotary of Her Majesty's Court of Queen's Bench for the District of Quebec, in the Court House of the said City, for the inspection of the public, and that due notice thereof shall be given during the said term of six months, once a week, in two newspapers published in the said City; and that such notice shall mention the day on which application will be made to the said Court of Queen's Bench for the homologation of the said plan, and any person who shall deem himself aggrieved thereby, shall before the said day, fyle his opposition to such homologation, and the Court shall hear, try and determine in a summary manner each and every opposition so fyled, and shall graut costs to or against any such opposant or the Council of the said City as to law and justice may appertain, and the said plan shall, if approved and confirmed, be attested by one of the Justices of the said Court of Queen's Bench. to be published Copies of Bylaws, &c., cerClerk, to be tified by the deemed authentic. Council may charges on as reduce over sessinents. Council may cause a plan of the city to be made." Plan to be open tion; to inspec And persons aggrieved thereby may have recourse to Court of Bench. Queen's Council to have jurisdiction over the beaches of River St. Charles. Councillors removing from the city not to be subject to a fine. XIV. And be it enacted, That the Council of the said City shall have full and exclusive jurisdiction over the beaches of the River Saint Charles, within the limits of the said City, and over each and every street and lane down to low water mark, and may make By-Laws, Rules and Regulations with respect to the same. XV. And be it enacted, That the Councillors of the said City, who shall remove their residence permanently out of the City limits, and thereby become disqualified to sit in the City Council, shall not be subject to the penalty imposed by the twenty-ninth Section of the Ordinance first above cited, nor shall those who are absent for more than six months on business, and that part of the said Section relating to such penalty shall be and is hereby repealed: Provided always, shall be vacat- that in such cases the Council may declare the seats of such Councillors vacant, and may cause others to be elected in their stead. But their seats ed. Time of the annual election of the ed. XVI. And be it enacted, That the annual election of a Mayor of the said City shall take place at a meeting of the Council, on the second Monday in February Mayor chang- in each year; and the present Mayor and each of his successors in office may continue to act as such until another be appointed in his stead, unless he shall cease to be a member of the Council, in which case such Councillor, as the Council shall previously designate, shall act as Mayor until the new Mayor shall be elected at the annual election; and so much of the ninth section of the Ordinance secondly above cited, or of any other part of the said Ordinances as prescribes the period at which the Mayor shall go out of office, is hereby repealed." Meetings of the Council how to be held and called. Council may XVII. And be it enacted, That the said Council shall and may meet for the dispatch of the business of the City, at such fixed periods as shall be determined by a By-Law, and may adjourn from time to time to such day as they shall think fit, giving notice thereof to all the Councillors not present at the adjournment; and the thirty-eighth section of the said first above cited Ordinance shall be and is hereby repealed. XVIII. And be it enacted, That in the absence of the Mayor, the Council may appoint a mem- appoint one of the members thereof to act as Mayor in his stead during his ab sence; and all the provisions of the aforesaid Ordinances which may be repugnant to this section, shall be and are hereby repealed. ber to act for the Mayor in his absence. No Justice of the Peace to order any pay XIX. And be it enacted, That the thirty-third section of the Ordinance first above cited shall be and is hereby repealed, in so far as it authorizes any Justice ment out of the or Justices of the Peace to order payments to be made out of the funds of the said funds of the city. City. |