1881. P. Inst.-Town Corp. Gen. Cl.-Offi. Plans. Caps. 19,20,21. CAP. XIX. An Act to amend the law respecting public instruction. [Assented to 30th June, 1881.] HEREAS it is expedient to amend the law of public instruction in this Province as regards the appointment of School Commissioners; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows: 15, s. 42, 61 office declared 1. Section 42, of Chapter 15, of the Consolidated Statutes c. s. L. C., c. for Lower Canada is amended, by adding the following ended. words at the end thereof: "Except in the case when the office has been declared New election if vacant by a competent judge or tribunal, who, in such vacant by case, shall order a new election to replace the commis- competent sioners or trustees, whose nomination has been annulled, and shall name to that end a person to preside over such election, which shall be held on the fifteenth juridical day after the date of the said judgment. court. election. Public notice of such election shall be given in the Notice of such manner required by section 34 of the said Act by posting copies of the said judgment." CAP. XX. An Act to further amend the "Town Corporations General H1 [Assented to 30th June, 1881.] ER MAJESTY, by and with the advice and consent ed. 1. Section 229 of the Act, 40 Victoria, chapter 29, is 40 Vic., c. 29, amended, by adding after the word: "works," in the third 229, amend line thereof, the following words: "or any manufacturing establishment." 2. This Act shall come into force on the day of its Act in force. sanction. CAP. XXI. An Act to amend the Law concerning Official Plans and Books of Reference. H [Assented to 30th June, 1881.] ER MAJESTY, by and with the advice and consent Art. 2174a ad Code. 1. The following article is added after article 2174 of the Civil Code: "2174a. If, after the deposit of the official plan and book ded to Civil of reference for any locality in any registry office, such Alteration of locality or part of such locality is annexed, for enregistraofficial plans tion purposes, to another locality situated either in the cases by Com-same or in a neighboring registration division, in which missioner of article 2168 of the Civil Code is not yet in force, the Crown Lands. Commissioner of Crown Lands shall, without delay, note in certain Notice of bec Official in the plan and book of reference of the locality affected, and in the copies so deposited, the change made in the limits of such locality by the above-mentioned annexation; "In the case in which, after the deposit of the plan and book of reference of any locality in a registry office, such locality or part thereof is annexed to another, situated in a neighboring registration division, in which the plan and book of reference have been deposited, and in which article 2168 of the Civil Code is in force, the Commissioner of Crown Lands shall, without delay, note the change upon the plan and in the book of reference of the locality annexed and in the copy deposited, and cause an extract of the plan and book of reference to be prepared, showing the portion annexed, and have the same deposited in the proper registry office. "In both the cases herein above provided for, the Commischange in Que- sioner of Crown Lands shall give notice of each change by publishing the same in the Quebec Official Gazette and posting it, during one month at least, in the registry offices interested." Gazette. Act in force. 2. This act shall come into force on the day of its sanction. CAP. XXII. Art. 637 muni Act to amend certain articles of the Municipal Code,nom dt smil [Assented to 30th June, 1881utes ER MAJESTY, by and with the advice and consent of the Legislature of Quebec, enacts as follows 1. Article 637 of the Municipal Code is amended by cipal code adding after the word: "wasted," at the end of the said article, the following paragraph: amended. an of joà ¤Å Municipal cor- "To grant, for a fixed number of years, to any company, porations may grant privi- person, or society of persons, who shall undertake to conleges to par-struct an aqueduct, public wells or reservoirs, or who ties who un-shall assume the management thereof, any exclusive privi dertake water works. lege of laying pipes to supply water within the limits of the municipality, and enter into a contract for such supply of water for one or more years, but for a period not to exceed twenty five years. amended. 2. Article 637a of the said Code is amended by striking Art. 637a muout the words: "by the electors of the municipality," in nicipal code, the thirteenth and fourteenth lines of the said article, and by replacing them by the following: "by the majority of the electors being proprietors of real estate in the municipality who vote on such by-law," and by adding after the words: "in council," the words: "provided always that the number of those who vote in favor of such by-law is at least one third of the total number of electors being proprietors." amended. 3. Article 637b of the said Code is amended by striking Art. 637% muout the words: "by the electors of the municipality," in nicipal code, the sixth and seventh lines, of the said article, and replacing them by the following: "by the majority of the electors being proprietors of real estate in the municipality who vote on such by-law," and by adding after the said section the words "provided always that the number of those who vote in favor of such by-law is at least one third of the total number of electors being proprietors. 4. Article 1061 of the said Code is amended by repla-s. 3 of Art. cing sub-section 3 by the following: 1061, replaced "3. From any decision given by a municipal council Appeals. in virtue of articles 734, 738, 746 ane 746a respecting the valuation roll, whether the decision be rendered by the council, of its own motion, or on complaint against the roll produced before it. 5. The said article 1061 is further amended by adding Art. 1061, furthereto the following paragraph : ther amended. "The costs of appeal shall be taxed at the discretion Costs of apof the judge, for or against such of the parties, municipal peal. corporation or councillors personally, as he shall deem advisable, and shall be recoverable under a writ of execution issued in the usual manner." amended. 6. Article 1080 of the said Code is amended by striking Art. 1080 muout the word: "Huntingdon," in the third line thereof, nicipal code, and further by adding after the word: "Roxton" the word: "and the municipality of the township of Leeds, in the county of Megantic." 7. This act shall come into force on the day of its sanc Act in force. tion. 64 Preamble. chef-lieu of serville, under certain conditions. 1 Cap. 23. Judicial District of Kamouraska. 44-45 VICT CAP. XXIII. An Act to change the chef-lieu of the judicial district of WHE [Assented to 30th June, 1881.] HEREAS the chef-lieu of the judicial district of Ka mouraska, which is now in the village of St. Louis de Kamouraska, in the county of Kamouraska, is no longer the true centre of the population of the said district; Whereas the most central locality, both from its popu lation and its commercial transactions, is the town of Fraserville, in the county of Temiscouata; Whereas the court house and gaol of Kamouraska have been destroyed by fire, and it would be in the interest of all the inhabitants that they should be rebuilt in the most central locality of the said district; and considering the offer made by the corporation of the town of Fraserville to build the said court house and gaol at its own expense Therefore Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows: Transfer of 1. So soon as the corporation of the town of Fraserville, Kamouraska in the county of Temiscouata, shall have built, in the said to town of Fra- town, a court house and gao! suitable, in every way, for the administration of justice, the lieutenant governor in council may, by proclamation, abolish the judicial chef-lien of the district of Kamouraska, now established at the village of St. Louis de Kamouraska, and transfer the same to the said town of Fraserville, in the county of Temiscouata, for all purposes connected with the administration of both civil and criminal justice. Cost of building court house by 2. Such court house and gaol shall be built at the expense of the corporation of the town of Fraserville, and whom borne. shall be completed within two years from the passing of this act. Control of court house. 3. The work of construction shall be performed under building such the direction of the Commissioner of Agriculture and of Public Works, and in accordance with the plans, specifica tions and estimates which shall be supplied by the said Commissioner and approved by the Lieutenant Governor in council. Debentures heretofore 4. The debentures hitherto issued to defray the expenses issued, to be of the court house and gaol of the judicial district of assumed by Kamouraska shall be assumed by the province. province. after transfer. 5. All special taxes, imposed upon the district of Ka- Certain special mouraska, in accordance with the act 12 Victoria, chap. taxes to cease 112, shall cease to be levied, from and after the transfer of the chef-lieu, under this act, and thereupon the taxes for the said district shall be levied, as provided in the order in council of the 30th November, one thousand eight hundred and sixty one, for the districts therein mentioned. of balance of 6. Hereafter, if any balance remains in any year of the Employment building and jury fund, such balance shall, after the pay-building and ment of the expenses authorized by law, go towards reim-jury fund. bursing the corporation of the town of Fraserville for the cost of building the said court-house and gaol and the interest accrued upon the cost of such building; and the said balance shall be paid over to the said corporation at the expiration of each fiscal year, by the Provincial Treas urer. records after 7. When the transfer of the chef-lien shall have been Transfer of effected in accordance with this act, the Lieutenant transfer of Governor may, by an order in council, published in the chef-lieu. Quebec Official Gazette, order, within a delay to be in his discretion determined, the removal of all the records, registers, documents, archives, vouchers and judicial proceedings of the court, sitting at the village of St. Louis de Kamouraska, to the new chef-lieu, in the town of Fraserville, in the county of Temiscouata and all judicial affairs Transaction of connected with the present chef-lieu of the district of Ka-business mouraska shall, from and after the expiration of such delay, be transacted in the said town of Fraserville. thereafter. tain officers 8. It shall be the duty of the sheriff, prothonotary, clerk Duties of cerand other officers of the judicial district of Kamouraska, respecting to effect the removal of the aforesaid documents, within transfer. the delay prescribed by the Lieutenant Governor in Council, under penalty of a fine of five hundred dollars and, in default of payment, imprisonment for six months. officers to 9. In the event of the neglect or refusal of such officers, Refusal of to perform the services required of them by the next make such preceding section, the Lieutenant Governor in Council, transfer. may authorize any other competent person to effect such removal, and the costs and disbursements, occasioned by Costs of such such removal, shall be paid by the province. removal. 10. After the removal of the aforesaid documents, all Proceedure proceedings, already commenced, shall be continued in the after removal. said chef-lieu at Fraserville, as if they had been taken and commenced therein. |