(16 VICTORIA, CAP. 128.) An Act to amend the provisions of the several Acts for the Incorporation of the City of Montreal. W (Sanctioned 23rd May, 1853.) HEREAS the Corporation of the City of Montreal have by their petition prayed that divers alterations should be made in the provisions of the Act incorporating the said city, and it is expedient to grant the prayer of the said petition: 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 from and after the passing of this Act, the delay for the production and deposit by persons qualified to vote for the election of Mayor and Councillors for the said city, of their certificates of qualification to vote, shall be between the hours of Ten in the forenoon and Four in the afternoon of the last six judicial days in the month of February of each year. 2. And be it enacted, That it shall be the duty of the Council of the said city, and they are hereby empowered, at each and every Quarterly Meeting of the said City Council, to elect from among themselves a Member to act as Mayor, in the event of the absence or sickness of the Mayor of the said city, or of any vacancy in the office of Mayor of the said city; and such Member so elected shall, during such absence or sickness, or vacancy, have and exercise, until the ensuing Quarterly Meeting, all the power, authority and rights, vested by law in the Mayor of the said city. 3. And whereas in and by the seventy-seventh section of the Act passed in the Session held in the fourteenth and fifteenth years of Her Majesty's Reign, intituled, An Act to amend and consolidate the provisions of the Ordinance to incorporate the City of Montreal, and of a certain Ordinance and certain Acts amending the same, and to vest certain other. powers in the Corporation of the said City of Montreal, it is provided that a privilege shall be granted to secure five years' assessment, and doubts exist as to the nature and extent of the said privilege as regards third persons having mortgages or other privileged claims upon the real property affected thereby; Be it declared and enacted, and it is hereby declared and enacted by the authority aforesaid, That the privilege of the said Corporation was not intended to have and shall have no priority or preference over all or any mortgage or privileged claims of third parties upon the real property of any person liable for such debts, save and except of the assessment actually due and owing upon or by such real property, but the proceeds of the said real estate sold and realized by justice shall, after payment of such assessment actually due thereon, be distributed among such mortgage or privileged claimants according to their respective legal rights, and the balance, if any, to the said Corporation on account of or for the said debt, and no assessments for which the said Corporation shall have been collocated by any judgment of distribution of the proceeds of any real property, to the prejudice of any mortgage or privileged claimant thereon, other than for the assessments upon such real property shall be held to be paid by the person or persons owing such assessments, but the mortgage or privileged claimant so prejudiced shall be to all intents and purposes subrogated in the rights of the said Corporation, as to such assessments, and shall have the power to proceed in his or her own name for the recovery of such assessments either by action or opposition to the same extent, and in the same manner that the said Corporation could have done if such collocation had not taken place. 4. And be it enacted, That when the said Corporation deposit any price or compensation in the hands of the Prothonotary of the Superior Court under and in virtue of the provisions of the sixty-ninth section of the Act last above cited, or any other Act or Law in that behalf, the said Court shall prescribe the mode of calling before it all parties interested, and make such orders in relation to the same as in its discretion shall seem just. 5. And be it enacted, That the Recorder's Court of the said City of Montreal shall have jurisdiction to hear and determine all suits and prosecutions that may be brought for the recovery of any fine or penalty that may hereafter be incurred and be due and payable under any of the provisions of the Act passed in the seventh year of Her Majesty's Reign, intituled, An Act to authorize the Mayor, Aldermen and Citizens of Montreal to purchase, acquire and hold the property now known as the Montreal Water Works, or of any Act amending the same. 6. And be it enacted, That all and every the provisions of any law in force in respect of the Incorporation of the said city, inconsistent with the provisions of this Act, shall be and are hereby repealed from and after the passing of this Act. Preamble. 18 V., c. 162. Act 18 V., repealed. c. 162, Sect. 2 of 14, 15 amended. (23 VICTORIA, CAP. 72.) An Act to amend the provisions of the several (Sanctioned 19th May, 1860.). HEREAS it is expedient to repeal the Act passed in the eighteenth year of Her Majesty's reign, intituled, An Act to amend the provisions of the several Acts for the Incorporation of the City of Montreal, and also to repeal in part, and to amend the provisions of other pre-existing Acts relating to the Incorporation of the City of Montreal, and to vest certain further powers in the Corporation thereby constituted, and to remove certain doubts which have arisen as to the true intent and meaning of certain clauses in the saidActs: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. The said Act passed in the eighteenth year of Her Majesty's reign, intituled, An Act to amend the provisions of the several Acts for the Incorporation of the City of Montreal, shall be and the same is hereby repealed. 2. The second section of the Act made and passed in the Victoria, c. 128, Session held in the fourteenth and fifteenth years of Her Majesty's reign, and intituled, An Act to amend and consolidate the provisions of the ordinance to incorporate the City and Town of Montreal, and of a certain Ordinance and certain Acts amending the same, and to vest certain other powers in the Corporation of the said City of Montreal, shall be, and is hereby amended by striking out the words "fiftysecond and fifty-third," in the fifth and sixth lines thereof, and substituting the words "fifty-fourth and fifty-fifth" in their places respectively. of 14, 15 V., c. 3. The eleventh and twenty-fourth sections of the said last Sects. 11 and 24 cited Act, fourteenth and fifteenth Victoria, chapter one 128, repealed. hundred and twenty-eight, shall be, and the same are hereby repealed. Councillors 4. The Mayor and the Councillors of the said City of By whom the Montreal, at the periods hereinafter appointed, shall be shall be chosen. chosen by the majority of the votes of the following persons, who may not be disqualified by law from voting, and whose names shall remain duly registered, on the revised voters' lists of the said city, as ordered to be made and revised by the Act fourteenth and fifteenth Victoria, chapter one hundred and twenty-eight, that is to say: voters. 1. Every male person entered on the then last Assessment Qualification as Roll, revised, corrected and in force in the said city, as the owner of real property within the Ward for which the elec- Owners. tion shall be had, of the assessed value of three hundred dollars or upwards, or of the assessed yearly value of thirty dollars or upwards; Provided that when such property is Proviso. owned by several persons par indivis, they may severally vote thereon, if their respective shares in the said property be assessed at not less than three hundred dollars value, or at a yearly value of not less than thirty dollars each; voters. occupants. 2. Every male person, being an inhabitant householder in Qualification as the city, whose name shall be entered on the said last Assessment Roll, as the tenant or occupant of a dwelling-house Tenants or in the Ward for which the election shall be held, of the assessed value of three hundred dollars or upwards, or of the assessed yearly value of thirty dollars or upwards; Provided that every such person shall be possessed of the said dwellinghouse on the first day of January next preceding such election, that he shall have been a resident householder in the said city from at least the first day of May next before any such election, and that he shall have resided within the particular Ward for which such election shall be had not less than three months next before the first day of January preceding such election; and part of a dwelling-house in which any such person, being a tenant as aforesaid, shall reside as a householder or occupier, but not as a boarder or lodger, M |