Provision in case of resistance.

Certain lands

not to be taken.

This Act to be

part of Act above cited.

Preamble.

Sect. 29 of Con

24, amended.

"13. If any person shall offer any resistance or opposition to the proceedings of the Commissioners or Trustees, any Judge of the Superior Court may, upon satisfactory proof that the conditions by this Act required have been fulfilled, issue his warrant addressed to any Sheriff or Bailiff, or other proper person, to place the Commissioners or Trustees in possession, and to put a stop to such opposition or resistance, all which such Sheriff, Bailiff, or other person shall be bound to do, taking with him such assistance as may be necessary."

"14. Provided always, that nothing in this Act shall have the effect of authorizing possession to be taken of any property held by a fabrique, church, body, corporation or association for religious or scholastic purposes."

2. This Act shall be construed as forming to all intents and purposes a part of chapter fifteen of the Consolidated Statutes for Lower Canada.

CAP. XXXII.

An Act to amend the Municipal Act of Lower Canada. [Assented to 15th August, 1866.]

W

HEREAS it is expedient to amend the Lower Canada Consolidated Municipal Act in the manner hereinafter set forth: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

1. The twenty-ninth section of the Lower Canada ConsoStat. L. CC lidated Municipal Act is hereby amended in such way as to extend to local Municipalities generally the powers and privileges which it confers on Town and Village Municipalities, and shall hereafter be interpreted as if the words "Local Municipalities" had been therein originally inserted.

Sect. 27 amended.

Local Councils

may pass temperance bylaws.

Certain provi

sions not to apply.

2. Subsection sixteen of section twenty-seven is repealed, and the following substituted:

16. Before the second Wednesday in March of each year, any Local Council may pass a By-law for preventing and prohibiting the sale of any spirituous, vinous, alcoholic or intoxicating liquors."

3. Subsection sixteen of section twenty-five of the said Act shall not apply to By-laws passed in virtue of the preceding sections.

4.

4. The Secretary-Treasurer shall transmit a copy of the Collector to said By-law to the Collector of Inland Revenue, who shall not obey by-law. grant any license for the sale of such liquors in any Local Municipality in which such sale has been so prohibited by By-law, even although the County Council should, during the same month of March, authorize the sale of such liquors in the county.

make by-law

5. Before the second Wednesday of March in each year, Power to local every Local Municipal Council shall have power to make Councils to By-laws, which shall not be inconsistent with the provisions as to sale of of chapter six of the Consolidated Statutes for Lower Canada, liquors. for the following purposes:

1. To authorize the sale of any spirituous, vinous, alcoholic Sale. and intoxicating liquor, subject to such restrictions as they may deem expedient:

2. To determine under what restrictions and conditions, Licenses. and in what manner, the Collector of Inland Revenue for the District shall grant licenses to shop-keepers, tavern-keepers or other persons for the sale of liquors;

3. To fix the sum payable for each license, provided that it Duty for shall not in any case be less than the amount payable for such license. license on the first day of July, one thousand eight hundred and fifty-six ;

4. For the regulation and control of all shop-keepers, tavern- Regulation of keepers and other persons selling such liquors by retail in any parties selling. places at which they may be so sold, as they may deem expedient for the prevention of intemperance; a copy of every such bylaw shall be transmitted without delay by the SecretaryTreasurer to the County Council, which, at its first meeting in the month of March, may revise, amend, or annul such by-law, without any application for its so doing being necessary; the Secretary-Treasurer shall also transmit a copy of such by-law to the Collector of Inland Revenue.

ting sale.

6. Any By-law for prohibiting the sale of spirituous, vinous, Form of byalcoholic and intoxicating liquors, made under the Lower Ca- law prohibinada Municipal Act of 1860, and Acts amending the same, may be drawn up in the following form, or any other form to the same effect, and any By-law so drawn up shall be sufficient :

A By-law for prohibiting the sale of spirituous, vinous, Form. alcoholic and intoxicating liquors in the Municipality of the County

Entry of original of bylaws and translation thereof.

Certificate.

County (or Township, or Parish, or Village, as the case may be), of

On and from the first day of May, in the year one thousand eight hundred and until the thirtieth day of the month of April in the year one thousand eight hundred and inclusively, the sale by retail, that is to say, in any quantity less than three gallons at any one time, of spirituous, vinous, alcoholic or intoxicating liquor, within the limits of the Municipality of the County (or Township, or Parish, or Village, as the case may be) of and the issue of any license to that effect are hereby

prohibited.

(Signature.)

Warden, (or Mayor.)

7. The entry at full length of any such By-law in the Register of the proceedings of the Council, in the language in which such Register is usually kept, shall be deemed to be the sole original of such By-law; and the Secretary-Treasurer of the Municipality shall translate the same into English, or into French, as the case may require, and shall file in the office of the Council of the Municipality, to be there kept as a record, a fair copy of such his translation, with a written certificate at foot thereof, signed by him, in the following words, or in words to the same effect, in the language of the translation, namely:

I

(name) Secretary-Treasurer of the Municipality of (name), do hereby certify that the foregoing is a correct translation of a By-law passed by the Council of the said Municipality on the

in the year one thousand eight hundred and

day of

Dated at the year 18

the

day of (Signature.)

in

Promulgation.

Collector not

thereafter.

8. Every such By-law shall be published and promulgated in the manner prescribed by the Lower Canada Municipal Act for the publication and promulgation of Municipal By-laws.

9. When the Collector of Inland Revenue, of any Revenue to issue licenses Division, has received from the Secretary-Treasurer of any Municipality within the Division, a duly certified copy of any such By-law, as aforesaid, it shall not be lawful for such Collector of Inland Revenue to grant any license the issue of which is prohibited by such By-law, so long as the same remains in force, even though the legality or validity of such By-law is contested.

10.

law be

10. When any By-law prohibiting the sale of intoxicating Provision in liquors, shall have been annulled by a competent tribunal, the case any ByCouncil by which the By-law was passed, may, within thirty annulled. days next after the rendering of the judgment to that effect, pass another By-law having the same object, as the By-law so annulled, and during the said thirty days the said Collector of Inland Revenue for the Revenue Division concerned shall not grant any of the licenses which were or were intended to be prohibited by the said By-law so annulled.

11. Nothing in this Act contained shall be held to require In case one that any By-law, notice, or other document should be translated, language is or should be entered in any Register or published in both lan- in the munidispensed with guages, in case the use of either of the said languages has been cipality. dispensed with as to the Municipality by whose Council the By-law was passed.

12. No appeal shall be allowed from any conviction made No appeal before a Sheriff, on any prosecution under the Act respecting from convicTavern-keepers and the Sale of Intoxicating Liquors, forming chapter six of the Consolidated Statutes for Lower Canada.

tion, &c.

13. Any person who shall in any manner ill-use or seek to Penalty on perintimidate any person called as a witness in any cause or sons intimidaprosecution under the Act respecting Tavern-keepers and the ing witnesses. Sale of Intoxicating Liquors, forming chapter six of the Consolidated Statutes for Lower Canada, or under the Temperance Act of 1864, shall be liable to a penalty of ten dollars, or to imprisonment in the Common Gaol, on summary conviction for such offence before a Justice of the Peace for the District in which the offence was committed, not exceeding thirty days; and such conviction may be had on the oath of one credible witness, who may be complainant himself.

to all local mu

14. The provisions contained in the fifth, fifteenth, twenty- Certain provisecond and twenty-fifth subsections of section twenty-eight of sions to apply the said Municipal Act are extended to local municipalities nicipalities. generally.

15. Section five of chapter twenty-nine of the twenty-fourth Sect. 5 of Victoria shall be amended by substituting the words "local 24 V. c. 29 municipality" for the words "town or village," in the third line of the said section.

amended.

Bienheureux

16. And whereas doubts have arisen as to the legality of Doubts as to the proceedings of the local Council of Bienheureux Alphonse municipality of de Rodriguez, in the County of Joliette, and it is expedient to Alphonse de set such doubts at rest: therefore it is enacted that the said Rodriguez remunicipality is and shall be for all purposes whatsoever a local certain promunicipality within the meaning of chapter twenty-four of the ceedings conConsolidated Statutes for Lower Canada, intituled: An Act respecting Municipalities and Roads in Lower Canada, and

moved; and

firmed.

Preamble.

Removal of

fected with

all notices, procès-verbaux and proceedings of the said Municipality given, made and had therein before the passing of this Act, shall not be null in consequence of the said Municipality having been declared, in such notices, procès-verbaux and proceedings, to be a Parish Municipality instead of a Township Municipality, but all such notices, procès-verbaux, and proceedings shall be as valid as if the said Municipality had been correctly designated therein; this section shall not apply to notices, procès-verbaux and proceedings which may have already been pronounced to be null by a Court of competent jurisdiction, nor to pending causes.

CAP. XXXIII.

An Act to amend chapter twenty-six of the Consolidated Statutes for Lower Canada, intituled: An Act respecting abuses prejudicial to Agriculture.

[Assented to 15th August, 1866.]

ER Majesty, by and with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as

follows:

1. Any person may, by special notice, as required by the sheep, &c., in Agricultural Act, call upon any proprietor or owner of any sheep or other domestic animal or animals attacked or affected with scab or other contagious disease to seclude and keep apart such sheep or other animal or animals.

contagious

disease.

Penalty for refusal to remove the same.

Imprison

ment for nonpayment of penalty.

Clause res

courses, amended.

2. In case of refusal or neglect, a Justice of the Peace may, after notice given, condemn the offender on complaint verified by the oath of one credible witness other than the complainant, or on the confession of the party prosecuted, to a fine of fifty #cents for each and every day he shall so refuse or neglect to seclude or keep apart any such animal so affected with scab, or other contagious disease, in addition to the costs of obtaining such judgment, and such judgment shall be rendered in a summary manner.

3. All proceedings under this Act shall be taken in the manner prescribed by the said Agricultural Act, and in case the defendant does not possess sufficient moveables upon which to levy the amount of the fine and costs imposed upon him by a judgment under this Act, the Justice or Justices of the Peace may imprison him, in the common gaol of the district, for a period not exceeding one month for each offence.

4. Notwithstanding any thing in the Act hereby amended, pecting water in any case respecting any water-course or other work in which several parishes or townships are interested, it shall be sufficient that the Inspectors acting in such case have no personal interest or obligation in or with respect to the work to be performed.

CAP.