In default of any three to fill vacancies. I. In any Village, Town or Borough Municipality, which · the Council, has omitted or neglected or shall omit or neglect to proceed within the period fixed by law, to the Election of new CounElectors may call a Meeting cillors to fill the places of those going out of office, any three for Election Electors of such Municipality may and are hereby authorized of Councillors to cail, by public notice, in the manner prescribed by the laws now in force, a meeting of the Electors of such Municipality, to be held at the usual place of meeting of the Municipal Council, for the purpose of proceeding to such Election; and the Councillors so elected and the said Municipality shall have the same rights, powers and authorities, which they would have had if the said Election had taken place within the time required by law; Provided always, that for every such Election which should have taken place before the passing of this Act, the notice above mentioned shall be given within the six months following the passing of this Act, and not afterwards. Proviso. Proceedings at such Elec. tion. All former clared valid notwithstanding certain technical defects. II. Such Election shall be had at the time and place appointed therefor, in the same manner as if it had taken place at the time appointed by law. III. All Elections of Councillors before the passing of this Elections de- Act, in any Village, Town or Borough Municipality, made after the expiration of the period limited by the laws then in force in Lower Canada, and with regard to which the formalities prescribed and appointed by law were not observed, shall be and are hereby declared valid and legal to all intents and purposes whatsoever; and all By-laws and Orders, and generally all proceedings whatever, of the Councils of such Municipalities, shall be as valid and shall by virtue of this Act have the same force and effect as if the said Elections had been made within the period limited by the law, and with all the formalities thereby required. Pending proceedings not affected. Extent of Act. Preamble. 12 V. c. 57. IV. Nothing contained in this Act shall be held in any manner to affect any judicial proceeding pending at the time of the passing of this Act, which proceedings shall be determined and decided as though this Act had not been passed. V. This Act shall extend only to Lower Canada. CAP. XIX. An Act to amend the Act to encourage the establishment of Building Societies in Lower Canada. W [Assented to 18th December, 1854.] THEREAS in consequence of the large number of Shareholders in the Quebec Building Society, exceeding six hundred, it is expedient to amend the Act which was passed in the twelfth year of Her Majesty's Reign, intituled, An Act to encourage the establishment of Building Societies in Lower Canada, Canada, as far as regards the said Society: 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, 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, as follows: I. So much of the seventh Section of the said Act as Part of section enacts, That no Rule shall be altered, rescinded or repealed, 7 repealed as regards the unless at a General Meeting of the Members of any such Quebec BuildBuilding Society, which Meeting shall consist of not less ing Society. than one third of the Shareholders, shall be, and the same is hereby repealed, in so far as the Quebec Building Society is concerned. II. Provided more than one half the number of Members General Meetof the said Quebec Building Society sign a requisition for ing for ameudment of By. a General, Meeting of the Shareholders, advising an altera- laws, how to tion, amendment, rescision or repeal in or of the Rules of be called. the said Society, and specifying the terms thereof, such General Meeting, without limitation as to the number of the Shareholders present, shall be and is hereby empowered to pass and make such alteration, amendment, rescision or repeal. CAP. XX. An Act to provide for the holding of the several County Courts in Upper Canada, in case of the illness or unavoidable absence of the County Judge. W [Assented to 18th December, 1854.] HEREAS it is expedient to provide for the holding of Preamble. the several County Courts in Upper Canada, in cases where the Judge of any such Court shall be ill or unavoidably absent 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, as follows: I. In case of the illness or unavoidable absence of the Judge Another Coun of any County Court in Uer Canada, it shall be lawful for ty Judge may the Judge of the County Court for any other County to hold act for absent Judge, or the the Court and to act in the place of the Judge so ill or absent, latter may ap and with the same powers; or for such first mentioned Judge point a deputy. to appoint some Barrister of not less than five years standing to act as his Deputy during such absence. Powers of De Notice to II. Every Deputy so appointed shall, during the time for puty Judge. which he shall be so appointed, have all the powers, and be subject to all the duties vested in or imposed by law on the Judge by whom he shall have been so appointed; and notice of every such appointment shall be forthwith sent by the Judge or Deputy Judge to the Governor of this Province, and such notice shall specify the name, residence and profession of the Deputy Judge, and the cause of his appointment; and no such appointment shall be continued for more than three calendar months, without a renewal of the like notice; and it shall be lawful for the Governor to annul any such appointment of which he shall disapprove. Duration of appointment. Governor may annul it. Sheriff may adjourn the County Court in the absence of a Judge. Duration of this Act. Preamble. III. It shall be lawful for the Sheriff of any County or United Counties, or his Deputy, in case of the illness or absence of the Judge of any such County Court, and no Judge being present to hold such Court on the day the same is required to be held according to law, or any adjournment thereof, to adjourn the opening or proceedings of the said Court from day to day, or until such day as he shall be advised that the same can be legally held. IV. This Act shall be in force for one year from the passing thereof, and no longer. CAP. XXI. An Act to make legal the Assessments made in Upper W [Assented to 18th December, 1854.] HEREAS in many Municipalities in Upper Canada the Assessments were not completed within the time limited by law, and doubts exist whether Taxes in such Municipalities can be legally collected, and it is advisable to remove such doubts: 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, as follows: 1854. Assessments in U. C. for 1854, legalized. Cap. 21, 22. confirmed. 85 I. All the Assessments made in Upper Canada during the Assessments year of our Lord, one thousand eight hundred and fifty-four, for 1854 in shall be and are hereby declared to be legal and binding, not- Upper Canada withstanding the Assessors did not complete the same or the Assessments Rolls, or make their returns, within the time fixed by the Statute in that behalf; and the taxes and rates imposed by the Councils of the Municipalities wherein such default or errors have occurred, shall be collected as if the said Assessments and returns had been made and completed according to law. of 16 V. c. II. The twenty-fourth Section of the Statute of this Province Time allowed passed in the sixteenth year of Her Majesty's Reign, chapter by section 24, one hundred and eighty-two, shall be, and the same is hereby 182, extended. amended, and the time limited thereby for the completion of Assessments and return of the Assessments Rolls, shall be extended to the first day of May in each year, instead of the fifteenth day of April as thereby limited. not collect by a certain day. III. In any case when a Collector of any Municipality may Another perhave heretofore failed or omitted, or may hereafter fail or omit son may be to collect the taxes mentioned in his Collection Roll, or any collect taxes employed to portion thereof, by the fourteenth day of December, or by such which the Colother day in the year for which he may have been or may here- lector does after be Collector, as may have been or may hereafter be appointed by the Municipal Council of the County, it shall and may be lawful for the Council of such Municipality to authorize and empower by Resolution the said Collector or any other person in his stead to continue the levy and collection of such unpaid taxes in the manner and with the powers provided for by law for the general levy and collection of taxes; Pro- Proviso. vided always that nothing herein contained shall be held to alter or affect the duty of the Collector to return his Collection Roll, or to invalidate or otherwise affect the liability of the said Collector or his sureties in any manner whatsoever. CAP. XXII. An Act to amend the Upper Canada Joint Stock Pier, [Assented to 18th December, 1854.] NOR the better protection of the rights of Shareholders in Preamble. the Companies formed under the Act hereinafter mentioned-Be it 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, as follows: Section 4 of amended. I. That the fourth section of the Statute of this Province 16 V. c. 124, passed in the sixteenth year of Her Majesty's Reign, chapter one hundred and twenty-four, intituled, An Act to provide for the formation of Joint Stock Companies for the construction of Piers, Wharves, Dry Docks and Harbours, shall be amended by adding to the same the following words: Proviso to the "And provided further that at any election of Directors of any such Company as is therein referred to, after the formation "thereof, each Stockholder shall be entitled to one vote for every share of Stock he may hold or be possessed of in "any such Company, and upon which such Stockholder "shall not be in arrear for or upon any call in respect thereof; "and that any person being a Stockholder having paid all calls "made, shall be eligible as a Director." said section: Shareholders to have one vote for each Share. Preamble. Bytown to become the City of Ottawa, and when. แ CAP. XXIII. An Act to erect the Town of Bytown into a City under the name of the City of Ottawa. WH [Assented to 18th December, 1854.] HEREAS the Mayor and Corporation of the Town of Bytown, have in behalf of the inhabitants thereof, expressed their desire that the said Town should be erected into a City, to be called the City of Ottawa; And whereas from the great and rapidly increasing population and commercial importance of the said Town, it is desirable to comply with their request: 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, as follows: I. Upon, from and after the first Monday in January, in the year of our Lord one thousand eight hundred and fifty-five, the Town of Bytown shall be a City, and shall be called and known as the City of Ottawa, and the first Municipal Election How bounded. therein as a City shall take place on the said day; and the said City of Ottawa shall be bounded in the manner set forth as regards the Town of Bytown in the Schedule B to the Upper Canada Municipal Corporations Act of 1849. Division into five Wards. II. The said City of Ottawa shall be and is hereby divided into five Wards, viz: That portion of the City lying easterly from the Rideau Canal shall constitute three Wards, and the portion of the City lying westerly from the Rideau Canal shall constitute two Wards, which latter two Wards shall be divided by the centre of Wellington street, George street, Victoria Terrace |