The Pamphlet Collection of Sir Robert Stout: Volume 47
Municipal Code
Municipal Code.
Chap. 18.—Municipal corporations may have and use a seal, but its use is not obligatory. Where lots cannot be described by number and range or street a resolution of Council settles their description. Railway Cos. must maintain the fences, roads and bridges upon and through property occupied by them, according to law and procès verbaux, although of no direct advantage to them. A new municipality may be formed out of part of a township or several adjoining townships whether united or not or whether comprised in a civil or canonical parish or not. When the limits of a village municipality contain portions of two or more townships or parishes, the inhabitants of the portion in one of them may apply to be re-annexed to it, if there be left in the village 60 arpents in superficies and 40 inhabited houses. A municipality formed of a part of another may receive its new name from the County Council. When there is in a rural municipality a group of 60 houses upon 250 arpents, two-thirds of the inhabitants may obtain a resolution of Council declaring it an unincorporated village, and the rural Municipal Council may thereafter apply to it the laws relating to villages, except as to a separate Council The parties petitioning for the separation and incorporation of a village must be resident electors and proprietors. The proclamation erecting it comes into force on the day of its publication in the Gazette. The Council may tax costs of proceedings hold before it or one of its committees allowing 50 cts. per day to witnesses. The presiding officer of a Council has all the powers of a Returning Officer at an election under Art. 301. to preserve order and the peace—subject to appeal to the Council. If a Council does not exact security from the Secretary-Treasurer within 30 days after his appointment he may continue to act, but they become Jointly and severally liable as his securities. He may furnish the security of a policy in a guarantee Co. approved by the Council. Persons who have legal right to examine the books and documents in his office may take extracts therefrom or make copies. The Secy.-Treas. annual account is to be made up during each January, to the 31st of the preceding December, and he may be called on for accounts more frequently. His return to the Prov. Sec is to be made up in the January following the year in which the valuation roll is made. It need not contain the nos of horses, sheep, pigs and horned cattle. He is not liable to the penalty for the non-transmission of the return unless he has been furnished with the necessary blank forms. His office may not be kept in any place of public entertainment where spirituous or fermented liquors are sold. in default of the Municipal Council appointing a Sec. Treas., the L. G. makes it with approval of the Executive Council. The auditors are to make their audit during February-not May. The County delegates appointed to act with the Warden must be members of the Council, but continue in office till their successors are installed, although they cease to be such members. A person who is not a municipal elector for the place cannot be elected a councillor. If demanded he must file a declaration in writing and under oath of his qualification. If he fail to do this within 8 days he vacates his seat; but may file it and resume his seat at any time before the vacancy is tilled,—paying all costs made. Possession of an elector's qualification need not have been for 6 mos. The election in a newly-erected municipality is to be held on a day fixed by the warden 15 to 30 days after the proclamation Where no poll is demanded the presiding officer at a municipal election must decide upon those elected by a show of hands. The return of the secretary-Treasurer to the County Council under Art. 373 need only be made if the Council orders it. If, in the opinion of the Council, work to be done in common is not sufficiently important to proceed under Art. 382, the road inspector hires it done and collects the cost in equal proportion from the rate payers liable. Art 405 respecting a bridge becoming dangerous is also applied to a municipal road, use of which has be-come difficult or dangerous. The expense of the repair of fences where not done by the party in default according to the decision of the rural inspector, but by the complainant or others authorized, is to be collected as municipal taxes are. Public works benefitting the municipality may be aided though constructed by individuals or firms—not by the Government or corporate bodies,—and aid may be granted by giving or lending debentures as well as money. Authority is given to acquire property for the use of a municipal corporation by lease. Corporation funds may be invested in first hypothecs. Deposits in a bank to credit of the sinking fund of municipal debentures may, with consent of the bank, be removed by the municipality and invested in the purchase of such debentures, the bank being au-thorized to pay on receipt of a resolution of Council to that effect. Fine and imprisonment for offences against municipal by-laws may not both be imposed by them. A city or town within a county municipality must contribute its share to the maintenance of the registry office. To determine this, it must furnish the County Council with its valuation. If it do not, the County may take other means to deter-mine and collect the amount. By its bylaw a local Municipal Council may substitute the corporation for rate-payers as to any responsibility for local or county roads or bridges. The cost of sidewalks or sewers may be assessed by Local Councils upon the rate-payers directly interested only. Ferry licenses may be granted for 5 yrs. Children or apprentices may be prevented, by by-law, from frequenting places where intoxicating liquors are retailed. Deposits of detritus or remains of dead animals may be prohibited. Power is given, after the erection of waterworks, by by-law approved by the ratepayers and the L. G. in C., to levy water rates on all householders to whom the Council offers to furnish the water. A landlord becomes responsible for the rates of all occupants of his houses if he does not see each family provided with a separate pipe. By by-law, with same approval, provision may be made for a subsidy to individuals or a Co. for a supply of water. The Council may transfer its right to such persons or Co., and may take stock in or lend money to it. Metal stoves in out-houses &c., to be exempt from prohibition must be connected with a chimney. To make the Council responsible for damages consequent on the execution of a by-law subsequently annulled, the petition for annulment must be served in thirty days after the by-law came into force. The valuation roll must contain a separate entry for any part of a lot occupied by another than the owner; and instead of the annual value of property the rent may be stated. The value of land occupied by a railway line, is to be stated in the Cos. return at the average of agricultural land in the locality. At its revision of the valuation roll the Council should include all property omitted, with its valuation &c., and strike out all erroneously inserted. This revision in the years when the roll is not made is to be made in June or July. If the land for a discontinued road has not been taken from neighbouring properties, it goes half to each of those owning the lands on each side of it. Parties owning shares of the fencing may remove it within fifteen days. Art. 776 is amended by making half the fence work done on a "road" not "by-road" as heretofore therein. Repairs of a road, required according to report of the proper municipal officer, are to be made according to the procès verbal or by-law establishing it. or with such modifications as the Council has prescribed. Any such by-law or procès verbal may be amended after notice to the parties interested. And it may order the re-apportionment of the work at any time. The contracts for maintenance of a by-road may, by order of the Council, be given out for one year, instead of six months, and notices may be given verbally or in writing. Winter roads may be laid out over lands beside the summer roads,—any damage done to be paid to the proprietors, and, in case of disagreement, assessed by the municipal valuators and recovered from those interested by the Council. But they must not be laid out through orchards, gardens, yards or other lands enclosed by quickset hedges or fences which cannot be taken down and replaced without serious expense, unless with consent of the proprietors or occupants. By-laws may also be made for opening winter roads for hauling wood, timber, &c. Municipalities fronting on the St. Lawrence must make ice roads half way to any opposite municipality asking it, or the latter may do the work and recover the price from the former. If a winter road to connect two town or city municipalities is made through a local municipality and by it, the two former must re-imburse the cost in proportion to their valuation rolls. Works on municipal water courses may be regulated by by-law or proeès verbal and made by the owners of lands drained The time within which a special superintendent must report may Be extended beyond the thirty days by the Council. If the officer superintending be interested in the work he receives no remuneration from the others interested, but may be given an allowance by the Council. Where lands in a town or village used for agricultural purposes are to be valued, the portions fronting on streets and roads to the depth of ordinary lots are to be entered at their real value not as simply agricultural. The Prov. Sec. compiles the returns under An. 979, instead of the Auditor General, and submits them to the Legislature. No appeal from a resolution of a Local Council lies to the County Council or from a decision under Arts. 734 or 738. The time during which mining or manufacturing establishments, &c., may be exempts from taxes is extended to 25 yrs. The taxes for payt. of interest and sinking fund of debentures must be based on the last valuation roll in force, and the Secy. Treas. must make a special collection-roll upon that basis for the amt. required. An appeal lies to the Circuit Court from a local Council when it has not taken notice within 30 days of a complaint under Art 716. The exceptional municipalities in the townships mentioned in Art. 1080 may make such by-laws as they see fit respecting fencing by-roads, otherwise Art. 775 applies. They may by Procès verbal define the time during which by-roads shall be built without being compelled to build any particular part in any given time.