into a Town or Village Municipality of any tract of land whatsoever situated in the local Municipality in which the petitioners reside, and clearly defined in the petition, the County Council shall refer the said petition to the person appointed as special Superintendent, with orders to visit such tract, and to report on the petition."

Sec. 39 amended.

Proceedings

for closing a Road, &c.

Agreement between

Councils for terminating differences.

Who may act

either.

DELIVERY OF PAPERS.

5. The third sub-section of the thirty-ninth section shall apply to all Municipalities.

NEW PROCÈS-VERBAUX AND REPARTITIONS.

6. The proceedings to close or abolish any road in a Municipality, and to cause a procès-verbal to be repealed or amended, shall be the same as those prescribed by the forty-fifth and fortysixth sections of the said Act for the opening, constructing, widening or maintaining of a road, and the same powers to that effect are given to every County or local Council.

7. Any Municipal Council may make a formal agreement with the Municipal Council of any neighboring Municipality for the purpose of terminating all differences respecting roads, bridges, fences, watercourses, debts and accounts, in which two such Municipalities, or part thereof, are interested; any as attorney for member of the said Council, or the Secretary-Treasurer thereof, authorized by a special resolution of the said Council to that effect (which resolution shall contain the purpose and conditions of the said agreement) may act as attorney for the Council in making such agreement, and if such agreement relates to a ment relates to road, a bridge or a watercourse, the Councils may by By-law make apportionment of and make provision for the execution of the works to be done in their respective Municipalities.

If the agree

a water-course.

Work may be apportioned instead of

raising money

to pay for it.

PUBLIC WORKS MADE BY ASSESSMENT IN MISSISQUOI.

S. Notwithstanding any thing to the contrary in the fiftythird section of the said Act, the Council of any local Municipality situated in the County of Missisquoi, may, by any bylaw which shall come into force on the first day of January next after its passing, order that the roads, with the exception of the public bridges thereon, in any such local Municipality, which the proprietors or occupants of land in such local Municipality or any of them are bound to make and maintain, shall hereafter be made and maintained, not by means of money raised for the purpose by assessment, but by an apportionment of the work, to be made in conformity with the provisions of the forty-seventh section of the said Act.

COLONIZATION

COLONIZATION ROADS.

9. The powers conferred by section fifty-five of the said Act, Powers under the Commissioner of Crown Lands shall be also vested Sec. 55, in in the Minister of Agriculture.

upon

VALUATORS AND VALUATIONS.

roll

whom vested.

Act der s. 56 to be made in June statement under pars. 8 and 9 mitted in June.

or July, and

be

to be trans

10. Notwithstanding anything to the contrary in section Valuation unfifty-six of the said Act and in section fourteen of the twenty-fourth Victoria, chapter twenty-nine, the valuation required by the said section shall, after the present year, made and deposited between the first day of June and the first day of August of the years in which such valuation roll is required to be made, and the statement required by the eighth and ninth subsections of the said fifty-sixth section shall be transmitted in the month of June in every year hereafter, instead of in the month of March, as required by the said subsections.

SALES OF PROPERTY.

11. Every action for the annulling of any sale made by any Actions for Municipal Council, in virtue of section sixty-one of the said annulling sales to be brought first mentioned Act, shall be brought within the two years next within a cerafter the adjudication of the property sold, and any action for tain period. the annulling of any sale made before the passing of this Act, in virtue of the said section, shall be brought within two years from the passing of this Act.

PROSECUTIONS, &c.

12. Subsections three and four of section sixty-four of the Part of Sec. 64 said Act are repealed, excepting as regards works executed repealed. subsequently to the passing of the provisions contained in the said subsections.

APPEALS FROM LOCAL COUNCILS TO COUNTY COUNCILS.

13. The words "thirty days" are substituted for the words Sect. 66 "fifteen days" in the first subsection of section sixty-six of the amended. said Act, and the following words shall be added at the end of County Council may award subsection two of the said section: "and the County Council and tax costs. may award costs (and the expenses of the necessary notices) upon the homologation, amendment, confirmation or rejection thereof, which costs may be taxed by the said County Council."

SPECIAL PROVISION RESPECTING APPEALS.

14. The following words shall be added to section sixty- Sec. 68 eight of the said Act :-" But any person who shall consider amended. himself aggrieved by any procès-verbal made by the County Appeal to CirCouncil sitting otherwise than as a Court of Revision, may cuit Court.

appeal

appeal therefrom to the Circuit Court in and for the County or District in which the procès-verbal has been made, and such appeal shall be prosecuted in the manner and form, within the delay, and subject to the conditions prescribed by section sixtyseven of the said Act."

As to prose

cutions for infringing Bylaws relating

to sale of liquors.

Proviso as to judgments heretofore

rendered, &c.

DECLARATORY SECTION.

15. The collectors of inland revenue have and have always had the right to institute prosecutions for the infraction of the by-laws of Municipal Councils in Lower Canada, touching the sale of intoxicating liquors; and no provisions of the Lower Canada Consolidated Municipal Act, or any Act amending the same, by which the right of instituting such prosecutions is extended to the local councils of municipalities, shall be interpreted as having affected or affecting the rights and powers of the said collectors of inland revenue; Provided always, that nothing in this section contained shall affect any judgment to the contrary heretofore rendered by any Court; but no person who shall, before the passing of this Act, have paid any penalty for the infraction of such by-laws to any collector of inland revenue shall be entitled to recover them from such officer.

Sec. 11 of 24 V., cap. 29, amended.

Certam local

erected in the

County of

Shefford.

LOCAL PROVISIONS.

16. After the word "Bagot" and before the word "composed " in the sixth line of the eleventh section of the Act to amend the Lower Canada Consolidated Municipal Act, (twentyfourth Victoria, chapter twenty-nine) the following words shall be inserted, and shall make part of the said section: " and the Local Municipalities of the Townships of Miiton and Roxton, in the County of Shefford."

17. Upon, from and after the first day of January next Municipalities after the passing of this Act, each of the following severally described territories in the County of Shefford, shall be and is hereby constituted a corporation or body politic, under the name and designation hereinafter set forth, for all municipal purposes, and to all intents whatsoever, as if the erection of the said Municipality had taken place at such day in the ordinary manner and within the terms of the said Lower Canada Consolidated Municipal Act, and the Acts amending the same; that is to say:

North Ely.

1. That part of the Township of Ely, now included within the limits of the school municipality of North Ely, under the name and designation of the "Corporation of the Township of North Ely;" and the remainder of the Township of Ely shali continue to form a Municipality under its present name and form, and shall not be held to be a new Municipality within the meaning of the said Acts or of this Act;

2. That part of the Township of Milton, included within the Ste. Cécile de limits of the Parish of Sainte Cécile de Milton, as canonically Milton. and civilly erected under the name and designation of the "Corporation of the Township of Sainte Cécile de Milton."

Milton.

3. That part of the Townships of Milton and Roxton, inclu- St. Valérien de ded within the limits of the Parish of St. Valérien de Milton, as canonically and civilly erected, under the name and designation of the "Corporation of the Township of St. Valérien de Milton."

and election.

18. On the second Monday of the month of January afore- First meetings said, the inhabitants of each of the said Municipalities of of inhabitants "North Ely," "Sainte Cécile de Milton," and "Saint Valérien de Milton," as above described, shall meet in each of their respective Municipalities for the purpose of making the first election of Municipal Councillors to serve for the said several Municipalities under and according to the provisions of the said Lower Canada Consolidated Municipal Act.

19. Upon and from and after the first day of January, Municipality of next after the passing of this Act, the Parish of St. André Acton divided. d'Acton, and that of St. Théodore d'Acton, now forming one Municipality under the name of the Corporation of the Township of Acton, shall form two separate and distinct Municipalities, the one under the name and designation of the "Corporation of the Parish of St. André d'Acton," and the other under the name and designation of the "Corporation of the Parish of St. Théodore d'Acton."

appointment

20. It shall be the duty of the Warden of the County of Notice of first Shefford, on or before the fifteenth day of December next, to elections, and give public notice to the inhabitants of the several Munici- of persons to palities so erected as aforesaid, of the time and place at which preside thereat. the said elections shall be held, and to appoint a chairman in each of the said Municipalities to preside over the election therein, who shall have all the powers and discharge all the duties assigned by the said above recited Acts to the person presiding over such municipal elections; and the first election of councillors for the said municipalities having been made as aforesaid, all future elections shall be made at the time and in the manner required by the Acts cited in this Act.

21. All the clauses of the Lower Canada Consolidated Con. Municipal Municipal Act and the Acts amending it shall apply to the Act to apply to new municipalities established by this Act.

such new Municipalities.

22. Nothing herein contained, or that may be authorized or Liabilities for done in pursuance of this Act, shall have the effect of releasing debts not aany part of the territories so erected into municipalities as Act. aforesaid from the debts or obligations contracted before the passing of this Act by any Municipality of which it formed a part.

5

САР.

Preamble.

Sect. 20 of Con.
Stat. L. C. c.
18 amended.

Proceedings for election of new

Trustees in certain cases.

Meeting for

such election to

curé, &c.

САР. Х.

An Act to amend the Act respecting the erection and division of Parishes, and the building and repairing of Churches, Parsonage Houses and Church Yards and Fabrique Meetings.

H

[Assented to 15th October, 1863.]

ER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

1. The first, second and third sub-sections of the twentieth section of chapter eighteen of the Consolidated Statutes for Lower Canada, are hereby repealed, and the following substituted therefor :

"20. In case of the death, serious illness, madness or lunacy, removal of domicile out of the parish or mission, insolvency, "legal excuse or incapacity of any of the Trustees, it shall be "the duty of the Trustees remaining in office, or one of them, "to require the Curé or Missionary administering the parish (( or mission, to call a meeting of the inhabitants of the parish or mission for the purpose of electing one or more Trustees "in the place of him or those whose places are to be filled;"

แ

"2. Upon the requisition of the Trustees remaining in office, be called by the or one of them, it shall be the duty of the Curé or Missionary "administering the parish or mission, to call such meeting "and proceed to the election required; and such meeting shall "be called, presided over and held, and such election shall "be conducted in the manner prescribed for the election of the "first Trustees who remain in office;"

In default commissioners to appoint.

If the election is had.

Sect. 22 of the said Act repealed.

"3. If the Trustees, Curé or Missionary, refuse or neglect to proceed to the election of such Trustees, then, on the petition "of the majority of the freeholders, the inhabitants of the "parish or mission may apply to the Commissioners for their "appointment, but the Trustee or Trustees so appointed must possess the qualification required by the eighteenth section "of this Act;"

"4. If at such meeting the election is proceeded to, the "Chairman shall proclaim the person who shall have received "the majority of votes, elected; and a minute thereof shall be "entered on the Register of the Fabrique, signed by the "Chairman and the Secretary, or by two witnesses."

2. The first paragraph of the twenty-second section of chapter eighteen of the Consolidated Statutes for Lower Canada is repealed, and the following substituted therefor: