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Certificates for tavern licenses to be granted by Council

only.

Limitation of actions for

1. All lands and property belonging to Her Majesty, Her Heirs and Successors, held by any public body, officer or person, in trust for the service of Her Majesty, Her Heirs and Suc

cessors;

2. All Provincial property and buildings ;

3. Every place of public worship, presbytery and its dependencies, and every burying-ground;

4. Every public school-house and the ground on which the same is constructed;

5. All buildings, grounds, and property occupied or possessed by hospitals or charitable or educational establishments.

51. From and after the passing of this Act, the said town Council shall alone be authorized to grant and deliver certificates for obtaining Tavern Licenses, any law, usage or custom to the contrary notwithstanding; and such certificates shall be signed by the Mayor and the Secretary-Treasurer of the said Council, and sealed with the common seal of the said Council..

52. If any action or suit shall be brought against any person for any matter or thing done by virtue or in pursuance of this under this Act. Act, such action or suit shall be brought within four calendar months next after the fact committed, and not afterwards.

things done

Removal of encroachments

or squares.

53. It shall be lawful for the said town Council to order the on public streets Inspector of the said town to notifiy any parties who shall have made or shall hereafter make encroachments upon the streets or public squares of the said town, by means of houses, fences, buildings, or obstructions of any kind, to cause the removal of such encroachments or obstructions, giving to such persons a reasonable delay for the purpose, which delay shall be specified by the said town Inspector in giving his notice; and if such persons shall not have removed such encroachments or obstruetions within the delay specified, the Council may order the said Inspector to remove such encroachments or obstructions, taking with him the assistance necessary for that purpose; and. the said Council may allow to the said Inspector his reasonable expenses, and recover the same before any Court having competent jurisdiction, from any person making such encroachment or obstruction.

Penalty for granting or using false re

in order to

essen taxes.

54. From and after the passing of this Act, every proprietor or agent, who shall wilfully grant a certificate or receipt, setting ceipts for rent forth a less sum than the rent really paid or payable for the premises therein mentioned or referred to, and every tenant, who shall present to the assessors of the said town such a receipt or certificate, falsely representing the value of the rent paid by such tenant, in order to procure a diminution or abatement of his assessment, or who shall directly or indirectly

deceive

deceive the said assessors as to the amount of such rent, shall be liable, on conviction thereof, before the Mayor or a Justice of the Peace, to a penalty of twenty dollars or less, or to imprisonment during one calendar month or less, according to the judgment of such Mayor or Justice of the Peace.

erection of

55. It shall be lawful for the said Council, whenever any Council may house shall encroach upon any of the streets or public squares prevent reof the said town, to prevent the proprietor of such house from buildings in rebuilding on the site occupied by the demolished house; and certain cases. it shall be lawful for the Council to purchase any part of such lot encroaching upon any street, or to require the proprietor of such land to dispossess himself thereof, in consideration of an indemnity therefore, and such indemnity shall be fixed by arbitrators appointed respectively by the said Council and by the party they are desirous of dispossessing; and the said arbitrators, in case of difference of opinion, shall apoint a third, and the said arbitrators, having been sworn by a Justice of the Peace, shall take cognizance of the matter, in dispute, and after visiting the place in question, shall decide upon the amount of indemnity to be granted to such proprietor; and the said arbitrators shall be authorized to decide which of the parties shall pay the costs of arbitration.

lands

56. The said Council shall have full power to purchase and Council may acquire, out of the revenues of the said town, all such lots, acquire lan lands, and real property whatsoever within the said town, as purposes. they shall deem necessary for the opening or enlargement of any street, public square or market-place, or the erection of any public building, or generally for any object of public utility of a municipal nature.

agreement as

for town pur

57. When the proprietor of a lot, which the said Council Arbitration in shall be desirous of purchasing, for any object of public utility cases of disof a municipal nature, shall refuse to sell the same by private to the value of agreement, and shall refuse to appoint an arbitrator, or in case property taken such proprietor shall be absent from the Province, or in case poses. such lot of land shall belong to infants, issue unborn, lunatics, idiots, or wives sous puissance de maris, the said council may apply to a judge of the superior court, and in his absence, to the prothonotary of the said court, for the appointment of an arbitrator, appointed by the said court to make, conjointly with the arbitrator appointed by the said council, a valuation of such lot, with power to the said arbitrators, in case of a difference of opinion, to appoint a third; and when the said arbitrators shall have made their report to the said council, at a indemnity regular meeting thereof, it shall be lawful for the said council awarded. to acquire such lot on depositing the price at which it has been valued by the said arbitrators, in the hands of the prothonotary of the superior court in and for the district of Joliette for the use of the person entitled thereto; and if no person entitled to If not claimed such indemnity shall appear within six months after such within six

amount

Deposit of

months.

Penalties for refusal to accept office.

Mayor.

Councillor.

On valuators neglecting their duties.

Penalties for refusing to

of office.

amount shall have been deposited in the hands of such prothonotary, to claim the sum so deposited, it shall be lawful for the said prothonotary, and he is hereby required, to remit such sum to the secretary-treasurer of the said council, to be deposited by him with the moneys of the said town, and such sum shall bear interest at the rate of six per centum; and both the capital and the interest accruing thereon shall be payable by the said council to any person entitled to receive the same, within three months after a formal notification to the mayor and to the secretary-treasurer of the said town to pay the same.

58. Every person who, being elected or appointed to any of the offices mentioned in the following list, shall refuse or neglect to accept such office, or to perform the duties of such office, during any portion of the period for which he shall have been so elected or appointed, shall incur the penalty mentioned in such list opposite the name or designation of such office, that is to say:

The office of Mayor, thirty dollars;

The office of Councillor, twenty dollars :

2. Whenever the valuators neglect to make the valuation which they are required to make under this Act, or neglect to draw up, sign and deliver the valuation roll containing such valuation to the Secretary-Treasurer of the Council, within three months from the date of their appointment, every such valuator shall incur a penalty of two dollars for each day, which shall elapse between the expiration of the said period of three months, and the day upon which such valuation roll shall be so delivered, or upon which their successors in office shall be appointed ;

3. Every member of the Council, every officer appointed by perform duties such Council, every Justice of the Peace and every other person, who shall refuse or neglect to do any act, or perform any duty required of, or imposed upon him by this Act, shall incur a penalty not exceeding twenty dollars, and not less than four dollars;

For voting

without qualification.

On inspectors

of roads for neglect of duty.

4. Every person who shall vote at any election of Councillors without having, at the time of giving his vote at such election, the qualification by law required to entitle him to vote at such election, shall thereby incur a penalty not exceeding twenty dollars;

5. Every inspector or officer of roads, who shall refuse or neglect to perform any duty assigned to him by this Act, or by the by-laws of the Council, shall, for each day on which such offence has been committed or shall continue, incur a penalty of one dollar, unless some other and heavier penalty be by law imposed on him for such offence;

cers in the per

6. Every person who shall hinder or prevent, or attempt to Penalties for hinder or prevent any officer of the Council, in the exercise of hindering offiany of the powers or in the performance of any of the duties formance of conferred or imposed upon him by this Act, or by any by-law their duties. or order of the said Council, shall incur a penalty of twenty dollars for every such offence, over and above any damages which he may be liable to pay;

&c.

7. Every person who shall wilfully tear down, injure or de- Persons deface any advertisement, notice or other document, required by facing notices, this Act or by any by-law or order of the said Council, to be posted up at any public place, for the information of persons interested, shall incur a penalty of eight dollars for every such

offence.

recovered.

59. All the penalties imposed by this Act, or by any by-law Penalties made by the Council, may be recovered before the Circuit how to be Court for the district of Joliette, or before any Justice of the Peace residing in the said town; all penalties and fines incurred by the same person may be included in the same action, and in any such action the party failing shall be condemned with costs of suit in accordance with the tariff of such Court, provided always that the Justice of the Peace who signed the writ of summons or warrant, shall be empowered to sit alone at any stage of the case to the exclusion of all others.

60. This Act shall be deemed a Public Act, and shall go Public Act. into force on the first day of January, one thousand eight hun- Commencedred and sixty-four.

SCHEDULE No. 1.

Public notice by the Secretary-Treasurer of the completion of his Collection Roll.

Public notice is hereby given that the Collection Roll of the town of Joliette is completed and is now deposited in the office of the undersigned, and all persons whose names appear therein, as liable for the payment of any assessment, are required to pay the amount thereof to the undersigned, at his office, within twenty days from this day, without further

notice.

CAP. XXIV.

An Act to incorporate the Village of Beauharnois as a
Town.

[Assented to 15th October, 1863.]

WHEREAS from the increase of the population of the

Village of Beauharnois, the provisions of the Municipal Acts do not suffice to enable the inhabitants thereof to carry

out

ment.

Preamble.

Town of Beauharnois incorporated.

Corporate name and powers.

out the improvements which they are desirous of making; and whereas the Municipal Council of the said village have represented that is is necessary that more ample provisions be made in that behalf, and that the said village be incorporated as a town, under the name of "Beauharnois": Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

1. From and after the passing of this Act, the inhabitants of the Town of Beauharnois, as hereinafter described, and their successors, shall be and are hereby declared to be a body politic and corporate, in fact and in law, by the name of the Mayor and Council of the Town of Beauharnois, and separated from the County of Beauharnois for all Municipal purposes; and by the same name they and their successors shall have perpetual succession, and shall have power to sue and be sued, implead, and be impleaded, answer and be answered unto, in all courts and in all actions, causes, and suits at law whatsoever, and shall have a common seal, with power to alter and Real property, modify the same at their will and pleasure; and shall be in law capable of receiving by donation, acquiring, holding and departing with any property, real or moveable, for the use of the said town, of becoming parties to any contracts or agreements in the management of the affairs of the said town, and of giving or accepting any notes, bonds or obligations, judgments or other instruments or securities, for the payment of, or securing the payment of any sum of money borrowed or loaned, or for the execution of any duty, right or thing whatsoever,

Bonds, notes, &c.

Boundaries of the town.

Division into wards.

North ward.

Centre ward.

2. The boundaries and limits of the said Town of Beauharnois shall be as follows:-Commencing at the Lake St. Louis, on the line between lots two and three, Lake St. Louis Range, Ormstown, thence following the said line south-easterly until it connects with the continuation of the rear line of the land of the District Gaol and Court House, thence westerly by the line in rear of the Gaol and Court House to the Beauce Road, thence westerly on a line parallel with Hannah street in the said Town of Beauharnois, to the north-westerly side of the St. Louis Road, thence north westerly and at right angles with the St. Louis Road to the centre of the River St. Louis, thence following the said River St. Louis to the said Lake St. Louis and thence to the place of beginning: And the said Town shall be divided into three wards:

First.-North Ward, which shall include St. Laurent street along its whole length, and all the streets extending to the River St. Lawrence, commencing in St. Laurent street aforesaid, and all the lots fronting on the said last mentioned street.

Second.-Centre Ward, which shall include Ellice street along its whole length, all the small streets extending from St. Laurent street to Ellice street, and all the lots fronting on Ellice

street.

Third.

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