Formalities of the sale.

Last bidder ;

zette of the province, and in two newspapers, one in French and one in English, published in the said city, and by posting such notice in the manner required for public municipal notices, and the secretary-treasurer shall, before the fifteenth day of January, apply to the registrar of the registration division where such lands are situate, for a list of the hypothecary claims, upon the lands to be so sold, which list the registrar shall be bound to furnish, with the addresses as ascertained from his books immediately, the expenses thereof to form part of such sale; and shall notify each hypothecary creditor by registered letter, through the post office, at least one month before the day of sale, of such intended sale.

14. At the time appointed for the sale, the secretarytreasurer of the said council, or some other person for him, shall sell to the highest and last bidder therefor, the lands in said list upon which taxes are still due, after making known the amount to be levied on any such lands, including the costs incurred for the sale.

15. Whoever shall then offer to pay the highest price, His rights; and shall be the last bidder, shall become the purchaser of the land thus sold, and the said land shall be at once adjuged to him by the secretary-treasurer or other person who shall sell such land.

His duties,

Resale in default of immediate payment.

Postpone

sale if no bi' is made.

16. The purchaser of all lands thus sold, shall pay the amount of the purchase price immediately upon the adjudication thereof.

17. In default of immediate payment, the secretarytreasurer shall either at once again, put up the land for sale, or shall postpone the sale for eight days, by giving notice of such postponement to all persons present, in an audible and intelligible voice, and by publishing such notice, in two newspapers published in the said city, in the French and English languages.

18. If at the time of the sale, no bid is made, or if all ment of the the lands advertised, cannot be sold on such first Monday in March, or following day, if such Monday be a legal holiday as aforesaid, the sale shall be postponed for eight days, and notice thereof given in the manner prescribed in the preceding section; but the purchaser may prevent the resale by paying into the hands of the secretary-treasurer, before the time fixed for the resale, the amount of the purchase money, and all additional costs incurred in consequence of the postponement of the sale.

sec.-treas.

19. Upon payment by the purchaser, other than the Deed of sale.corporation as hereinafter provided, of the amount of Duties of the the purchase money, the secretary-treasurer shall immediately execute, in the name of the corporation, a deed of sale and conveyance of the land so sold, to such purchaser, under his signature and the seal of the corporation, and shall deliver a duplicate thereof, to the said purchaser, upon his paying the costs of the deed and the registration thereof, and the said secretary-treasurer shall immediately cause the same to be registered in the proper registry office. The sale shall have the same effect as a sheriff's sale, and the purchaser shall become seized of the property in the lands so sold, and of the appurtenances thereof as proprietor, and shall be entitled to take immediate possession thereof.

may bid at

redeem the

20. The corporation of the said city may bid, at the Corporation sale of such immoveable property thus put up for sale, the sale. and may become the purchaser thereof, through the mayor or other person authorized by the city council, without being held to pay forthwith, the amount of said purchase money; but in case of the purchase of any immoveable property by the said corporation, the owner or his representative, or any person on his or her behalf, may, within twelve months of the day of sale and adjudication of the said property, redeem the same by paying to the Right to secretary-treasurer of the said city, the amount of the property claims of the said city, for which the said property was sold. sold, with all costs of sale, and the subsequent costs, if any, incurred in connection with the carrying out of the provisions of this act, together with the taxes, whether municipal or school taxes, which would have become due and payable prior to such redemption, on said property, in the case of private ownership thereof, as well as any outlay for necessary repairs or insurance money to protect the said property from loss or damage by fire, together with fifteen per cent on all such moneys, whether taxes, costs, additional taxes, repairs or in

surance.

Forclosure of

If within the said period of twelve months, the pro- the right to perty has not been redeemed as provided for in this redeem. section as aforesaid, the corporation remains the irrevocable proprietor thereof, and the certificate of the secretary-treasurer, setting forth the facts, countersigned by the mayor of the said city, shall be registered, and shall ipso facto be a valid title to the said property; but the said certificate shall also contain a statement of the amount of surplus money bid by the said corporation for the said property, over and above the claim and costs of the said corporation, on which the said property was

If the price exceed the

amount due.

Registrar's certificate.

Surplus

money, depo sited with

the proth. of the district of

St. Francis.

If there are no eLcumbrances on

sold, which surplus shall be immediately paid over to the prothonotary of the Superior Court for the district, by the secretary-treasurer, with a registrar's certificate, as required by section 21 of this act, the costs thereof having been first deducted from such surplus, and said corporation shall pay interest on such surplus from the time of the adjudication, until the money is paid over by them; provided that the corporation shall be bound to sell any such property, within five years if the same be not required for public purposes.

21. When the price for which said land or building lot has been sold, shall exceed the amount due to the corporation for taxes, interest and costs, the secretarytreasurer shall, as soon as may be, after the adjudication, apply for and obtain from the registrar of the registration division in which such immoveable property is situated, a registrar's certificate of encumbrances existing upon the property so sold; the said certificate which the said registrar is hereby authorized and required to furnish, shall be in form and substance, similar to that furnished to the sheriff in cases of sheriff's sale, and immediately upon receiving such certificate, the secretary-treasurer shall deposit the same, together with the surplus money in his hands as aforesaid, first deducting the expenses incurred subsequent to the adjudication, with the prothonotary of the Superior Court for the district of Saint Francis, who is authorized and directed to receive the same. But, in case the said purchase has been made by, or on behalf of the said corporation, then such deposit shall only be made with the said prothonotary after th expiry of the twelve months allowed for the redemption of the said property.

22. In cases where there are no encumbrances on the property so sold, the registrar shall certify the fact in a the property certificate which he shall deliver to the secretary-treasurer when called upon as aforesaid, and the secretarytreasurer shall immediately deposit such certificate with the prothonotary as aforesaid.

Report of distribution by the prothonotary.

23. When the secretary-treasurer of the said city has deposited with the prothonotary of the Superior Court, a certificate and money, as provided by sections 21 and 22 of this act, the said prothonotary shall prepare a report of distribution of the said money, in accordance with the rights of the claimants thereto, and the proceedings as to the fyling of claims and the making, contestation and homologation of the said report, shall be the same as proceedings in ordinary cases in the Superior

Court, after the return of moneys levied by the Sheriff, save that in the cases of claims bearing interest, such interest shall be calculated up to the date of the deposit, instead of the date of the adjudication and sale, and the same delays shall apply, and the same notices be given as in ordinary cases in the Superior Court.

sheriff.

24. If, before the sale of any immoveable property Opposition by sec. treas. by the secretary-treasurer, the same property be seized if the by the sheriff, the secretary-treasurer, upon being no- property be tified in writing by the plaintiff in the suit, or his attor. seized by the neys, of such seizure, shall complete his advertisements, but shall not proceed to sell the same, but shall file an Proviso. opposition with the sheriff or prothonotary for the amount of the taxes, interest and costs, but if the sheriff's sale is delayed by opposition or otherwise, the corporation of the city of Sherbrooke, may then, after two weeks notice given as provided in section 13, proceed upon a day to be fixed by such notice to the sale of the said property.

of taxes.

25. All arrears of municipal taxes or school taxes Prescription due to this city, are prescribed by four years, from the date on which they become due.

26. This act shall come into force on the day of its Act in force. sanction.

CAP. LXI.

An Act to incorporate the town of Chicoutimi.

[Assented to 31st October, 1879.]

WHEREAS from the increase of the population of Preamble.

village of Chicoutimi and the erection of a roman catholic diocese therein, the seat whereof is at Chicoutimi, and whereas the provisions of the municipal code do not meet with the present requirements of its inhabitants, in carrying out the improvements that they intend to make; and whereas the council of the said village have, by petition and demand of its inhabitants, represented that it is necessary that more ample provisions be made in that behalf; and whereas it is desirable that the said village, after annexing thereto lot number seventy four of the first north east range of the township of Chicoutimi, be incorporated as a town under the name of: "The town of Chicoutimi :" Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows:

Incorporation.

Name.

Boundaries.

Adminstration.

Present bylaws, continued.

Present

officers, to

aet.

1. From and after the passing of this act, the inhabitants of the village of Chicoutimi and their successors, shall be and are hereby declared to be a body politic and corporate under the name of: "The town of Chicoutimi," and separated from the county of Chicoutimi for all municipal purposes.

2. The municipality of the town of Chicoutimi, shall comprise the present municipality of the village of Chicoutimi and moreover, the lot number seventy four of the first north east range of the township of Chicoutimi.

3. The affairs of the town of Chicoutimi shall be managed, administered and regulated by the council thereof, which shall have, for that purpose, all rights and powers conferred, and be subject to the duties imposed upon it by an act of this legislature passed in the fortieth year of the Reign of Her Majesty under chapter twenty nine, intituled: "Town Corporations' General Clauses Act," and by the special provisions of the present act.

4. All the procès-verbaux, by-laws, ordinances, rules and resolutions now in force in the municipality of the village of Chicoutimi, shall remain in force in the municipality of the town of Chicoutimi, until they shall have been repealed and annulled, and the said town of Chicoutimi, as constituted by this act, shall succeed and be substituted, for all purposes whatever, in the contracts, obligations, rights, duties and powers of the corporation of the village of Chicoutimi, and shall be held to the payment of its debts, bonds and debentures, and may collect and levy the taxes imposed and due in the said village municipality, in the same manner as if the said taxes had been imposed by the council of the town of Chicoutimi.

5. The secretary-treasurer, the assessors and other continue to officers of the municipality of the village of Chicoutimi, in office, when the present act shall become law, shall continue to act in their several respective capacities in and for the town of Chicoutimi, until others shall have been appointed in their stead by the council of the said town.

Council.

Composition 6. The municipal council of the said town, shall be of municipal composed of seven councillors, elected in the manner hereinafter prescribed, one of whom shall be mayor, and the said council shall be known and designated under the name of "The council of the town of Chicoutimi.”

Blection of the mayor.

7. The mayor shall be elected by the majority of the members of the council, at the first general or special