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How, when, and where the elections of Mayor and Councillors

conducted.

candidates.

that the candidates for any of the said offices shall be publicly known, and that none other but those named shall be or may be elected: Be it therefore enacted, that hereafter the twelfth day of February in each year, or if that be a holiday, then the shall be had and next following not being a holiday, shall be, and the same is hereby fixed as the nomination day for all candidates for the offices of Mayor of the said City and of Councillors for the several Wards thereof; and such Alderman or City Councillor as shall, at the last previous meeting of the City Council, have been named and appointed for that purpose, shall preside at each of the nominations of candidates for the offices of Mayor and of Councillors respectively, which shall be held in the open air; that for the office of Mayor at the Bonsecours Market, and those for Councillors at such places in the several Wards, to be fixed by the said Council, as that all the electors Nomination of may have free access thereto; and at ten o'clock in the forenoon of the said day, the Alderman or Councillor appointed to preside at each such nomination shall proceed to the place where the same is to be held as aforesaid, and shall then and there require the electors there present to name the person or persons whom they wish to choose as Mayor, or as Councillor or Councillors, as the case may be, and any two duly qualified electors of the said city may openly and publicly address to the Alderman or Councillor presiding at the nomination for the office of Mayor, a demand or requisition that the person by them named be elected Mayor of the said city, for the next ensuing term of the said office of Mayor; and in the event of there being only one such demand or requisition made as aforesaid, or that all the demands or requisitions so made shall be for one and the same person, then the Alderman or Councillor presiding shall proclaim the said person duly elected Mayor of the said city for the next ensuing term of the said office; and any two qualified electors in any Ward of the said city may, on the day aforesaid, openly and publicly address to the Alderman or Councillor presiding at the nomination for the office of Councillors in such Ward, a demand or requisition that the person or persons named by them be elected Councillor or Councillors for the said Ward in which

Proclamation

if there be no contest.

the said requisitionists are electors as aforesaid; and if there be only one demand or requisition made for the election of a Councillor or Councillors in any Ward of the said city, or if all the requisitions made in any such Ward be for the election of the same person or persons as Councillor or Councillors for the said Ward, then the said Alderman or Councillor presiding shall proclaim the said party or parties named in the said requisition or requisitions, (as the case may be,) duly elected Councillor or Councillors for the said Ward for the next ensuing term of the said office or offices; and each and every such election made as aforesaid without dissent or division therein, shall be forthwith published in at least one English and one French newspaper in the said city, and the said presiding Alderman and Councillors respectively shall in due course report the said elections to the Council of the said city; in In what case a the event of demands or requisitions being made by two or more granted. duly qualified electors as aforesaid for the election of two or more persons as Mayor of the said city, or as Councillor or Councillors in any Ward thereof, a poll shall be granted for each and every such election by the said presiding Alderman and Councillors respectively, and the said election shall be proceeded with in the manner heretofore and now done, in all cases of contested elections for the office of Mayor of the said city, or of Councillor or Councillors in any of the Wards thereof; Provided, however, that no person may or shall be Proviso. voted for at any such election, or may or can be elected thereat, for whose election a demand or requisition shall not have been made as aforesaid on the twelfth day of February aforesaid.

poll shall be

when a vacancy occurs in the office of member

8. If after the passing of this Act, any extraordinary Proceedings vacancy shall occur in the office of Member of the Council of the said city, the Mayor of the said city, or in the event of of the Council. his omission or refusal, the Council thereof, shall fix a day and place for the nomination of candidates for the said office, to be made in the form and manner, and between the hours provided in the next preceding section of this Act; and the said Mayor or Council (as the case may be) shall at the same time fix a period, within which the election for the candidates

Salary of Recorder fixed.

Recorder may

appoint a De

to be named may subsequently take place, if necessary; and in the event of there being only one demand or requisition, made on the said nomination day, or of all the demands or requisitions made thereon, being for the same candidate, then the said party shall be proclaimed duly elected, in the form and manner already provided for; but in the event of their being two or more persons nominated for any such vacancy, a poll shall be granted, and the election shall be proceeded with in the manner provided for, in and by the said Act fourteenth and fifteenth Victoria, chapter one hundred and twenty-eight.

9. For and notwithstanding any thing to the contrary contained in the said Act fourteenth and fifteenth Victoria, chapter one hundred and twenty-eight, the salary of the Recorder of the said city shall not be less than two thousand dollars per annum, payable monthly out of the funds of the said city, and so much of the said Act as provides that the Recorder of the said city shall be assisted in holding the Recorder's Court by one or more of the Aldermen or Councillors of the said city, or that in the absence of the Recorder from sickness or other causes, the Mayor or one of the Aldermen or Councillors of the said city shall preside in the said Court, shall be, and the same is hereby repealed; and it shall be puty, and how. lawful for the said Recorder, from time to time, by an instrument in writing under his hand and seal, to be deposited, filed and registered in the office of the Clerk of the said Recorder's Court, to nominate and appoint some fit and proper person, being an advocate of not less than five years' standing at the Bar of Lower Canada, to be and act as his Deputy in the event of his illness or necessary absence from the said city, and any such nomination and appointment from time to time to revoke and again to make, as circumstances may seem to him to require; and cach and every person so nominated and appointed shall, for and during the period of time limited in the instrument containing his appointment, or if no period of time be therein limited, then from the date of the regis tration thereof as aforesaid until the revocation thereof, have, hold, use, occupy, possess and enjoy, and be vested with all

and every the jurisdiction, rights, powers, privileges and
authority, and be bound to discharge all the duties of the
Recorder for the said city, to the exclusion, for the time
being, of the person so nominating and appointing him as
aforesaid: Provided, nevertheless, that the said Recorder's Proviso.
Court shall not at any time be deemed to have been illegally
held, nor shall the acts of any Deputy Recorder of the said
city be deemed invalid, by reason of the absence of the Re-
corder not being deemed to be necessary within the meaning
of this Act.

may make By

purposes

For preservapeace and good

tion of the

order, the sup

ing and vice,

&c., and as

regards

10. It shall be lawful for the said Council, at any meeting, City Council or meetings of the said Council, composed of not less than laws for certain two-thirds of the Members thereof, to make By-laws, which shall be binding on all persons, for the following purposes : 1. For the preservation of peace and good order, and the suppression of vice in the said city;-for the benefit of the trade, commerce and health thereof;—to restrain and pro- pression of gamhibit all descriptions of gaming in the said city, and all playing of cards, dice, or other games of chance, with or without betting, in any hotel, restaurant, tavern, inn or shop, either licensed or unlicensed, in the said city;-to prevent and Riots. punish any riot or noise, disturbance or disorderly assemblages;-to give power and authority to enter into all groce- Grog-shops. ries, grog-shops, taverns, hotels, and all other houses or places of public entertainment, whether licensed or unlicensed in the said city;-to detect and arrest on view such per- Gaming. sons as may be found gaming, playing at cards, dice, or other games of chance, or cock-fighting or dog-fighting therein, contrary to any By-laws restraining or prohibiting the same, or making, causing or creating any riot, noise, disturbance or disorder therein; to restrain and punish vagrants, Prostitution. mendicants, street-beggars, common prostitutes and disorderly persons;-to license, regulate or prohibit the exhibi- shows. tions of common show-men, and shows of every kind, and the exhibitions of any natural or artificial curiosities, caravans, circuses, menageries and theatrical representations;-to prohibit or to punish cock-fighting, and dog-fighting, and all Cock-fighting, other cruel sports in the said city;-and also to prevent and Racing, &c.

&c.

Flying kites, &c.

Removing snow, &c.

streets.

&c.

punish horse-racing and immoderate driving or riding in the streets or highways thereof;-to prohibit and punish the flying of kites and every other game, practice or amusement in the public streets or elsewhere, having a tendency to frighten horses, or to injure or annoy persons passing in or along the highways of the city, or to endanger property ;— to compel all persons to remove the snow, ice and dirt from the roofs of the premises owned or occupied by them, and also from the side-walks in front of such premises, and to Encumbering punish them for not so doing ;-to prevent the encumbering of the streets, sidewalks, squares, lanes, alleys or highways, with carriages, carts, sleighs, sleds, wheel-barrows, boxes, lumber, timber, fire-wood, or any other substance Peddling fruit, or material whatsoever;-to prohibit and punish, or license, or regulate the sale or pedlery of fruits, nuts, cakes, refreshments, bread, jewellery, and merchandise of all kinds, in and upon or along the wharves, streets, side-walks, alleys, and public squares of the city;-to compel the owner or occupant of any grocery, cellar, tallow chandler shop, soap-factory, tannery, stable, barn, sewer, garden, field, yard, passage or lot of ground, or any other unwholesome or nauseous house or place whatsoever, to cleanse, remove or abate the same, from time to time, as often as may be necessary for the health, comfort and convenience of the inhabitants of the said city;-to prohibit any person from bringing, depositing or leaving within the city limits, any dead body or any dead carcass, or other unwholesome or offensive substance, and to require the removal of any such substance, or of any article or thing about or liable to become unwholesome, by the owner or occupant of any premises on which the same may be; and on his default, to authorize the removal or destruction thereof by some city officer, and to recover the expense thereof from the party or parties refusing or neglecting to remove or destroy the same;

Nuisances.

Dead bodies, & c.

Steam engines, soap factories, &c.

2. To prohibit, if deemed necessary, the erection, use, or employment in the said city of all steam-engines, soap and candle, or oil, or oil-cake factories, India-rubber or oil-cloth factories, slaughter-houses, dyeing establishments and other

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