be paid to whomsoever it may be ordered by a report of distribution made and homologated as in ordinary cases. Interest shall cease to run on the surplus, from the day on which the claims are transmitted to the court. not redeemed 5. If within two years from the day of adjudication, Properties the property adjudged has not been redeemed, the pur- within two chaser shall remain the irrevocable proprietor thereof; years. and upon payment of all municipal taxes that in the meantime, may have become due and payable thereon to said council, shall be entitled, at the expiration of the said two years from the corporation of the town Salaberry of Valleyfield to a deed of sale of such property. 6. The said deed of sale shall be executed in the name Sale executed corporation. of the corporation, and be signed by the mayor and in name of secretary-treasurer of the said town, and the costs of such deed, together with the costs of the registration thereof, shall be paid by the purchaser, to said secretary-treasurer, previous to the execution and signing of such deed of sale. It shall be the duty of said secretary-treasurer, to cause the deed of sale to be duly registered according to law. 7. The sale shall have the same effect as a sheriff's sale, Effect of 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. 33. In addition to the powers conferred by the said Power of act of incorporation, the said town council shall also have council to amend bythe power to make, amend, repeal or substitute, in whole laws upon or in part, from time to time, by-laws upon any of the certain subjects. subjects mentioned in sections from 224 to 322 inclusively, of the Town Corporations' General Clauses Act (40 Vict., chap. 29,) which shall apply to the said corporation and municipality of the town Salaberry of Valleyfield, and section 385 of the said act, shall also apply to the said corporation and municipality of the town Salaberry of Valleyfield. 31. If any person shall transgress any by-law made Fine in case of infringeby the said council, under the power and authority conferred upon it, such person shall, for every such by-laws. offence, forfeit the sum specified in any such by-law, with costs in accordance with the tariff of fees established by law, and in default of immediate payment, the offender shall be liable to be committed to the common gaol of the district, for a term not exceeding thirty days, unless such by-law imposes a shorter term, in which case such terms shall not be exceeded; and no person shall be deemed an incompetent witness upon any information by reason of his being a resident of the said town. 8. 49 of act of inc., repealed. Right of recovering fines. When Provided that every complaint for the breach of any bylaw of said town council, shall be made within six months from the date of the commission of the offence. 35. Section 9 of the said act of incorporation is repealed and the following substituted therefor: "49. All penalties imposed by any by-law of the said town council, shall be recovered in a summary manner, before a justice of the peace residing in the said town. In all cases where the party charged with the commission of any offence within the limits of the said town, over which such justice has summary jurisdiction by virtue of any by-law, has been arrested or is in custody, the substance of the charge shall be reduced to writing, and read to him, and he shall be asked by the said justice of the peace if he is guilty or not guilty of such charge. Should he plead guilty, such justice of the peace shall thereupon, convict such offender and inflict the penalty in such case made and provided with costs as above provided, and should such person so charged, plead not guilty. the said justice of the peace, shall proceed to hear and try such charge in a summary manner, and after hearing and trying of the same, shall either convict or discharge such person so charged before him, and in case of conviction, shall inflict the appropriate penalty with costs, without it being necessary to reduce to writing, any portion of the evidence given on such trial. Where the party is not in custody, the provisions of accused is not the Statute of Canada 32 and 33 Vict., chap. 31, shall apply." in custody. suits for infrigement of by laws Institution of 36. All suits, complaints, informations and prosecutions for the contravention of any by-law of the said town council, or of any of the provisions of the said act of incorporation, or of this act, and for the recovery of any fine incurred by reason of any such contravention, may be brought, made, laid and continued in the name of the corporation; and every officer or member of the said town council, shall be competent as a witness therein, and any such fine or penalty, shall belong to the corporation. Judgments of 8. C., to be final. All penalties or fines incurred by the same person, may be included in the same complaint or information. And it shall not be necessary to disignate or recite in any such complaint or information, the act or by-law under which such complaint or prosecution is brought, but it shall suffice to allege that it is in virtue of the act or by-law in such case made and provided. 37. All judgments rendered by the Superior Court,and all decisions of any judge thereof under the provisions of the act of incorporation or of this act, shall be final. 38. Sections 45 and 47 of said act of incorporation, S.S. 45 and are repealed. 47 of act of inc., repealed. 39. The original of every notice shall be accompanied Formalities for original by a certificate of publication or of service made by the of notice. party publishing or serving the same. Such certificate shall be under his oath of office, if such party be a municipal officer; otherwise it must be under oath made before the mayor or a councillor of the said town. The original of such notice and the certificate which accompanies it, shall be filed in the office of the council, by the person giving such notice, to form part of the municipal records. 40. Section 50 of said act of incorporation is repealed S. 50 of said and the following substituted therefor: act, repealed. T.C.G.C. "50. All the powers conferred by the Town Corporations' Powers of General Clauses Act (40 Vict., chap. 29,) upon any Act, to apply town council and upon the mayor, councillors and officers to officers. of such town council, and not inconsistent with the act of incorporation and the present act, shall apply to the corporation and municipality of the town Salaberry of Valleyfield." 41. This act shall come into force on the day of its Act in force. sanction. CAP. LXIII. An Act to amend the act to incorporate the Town of [Assented to 31st October, 1879.] WHEREAS the mayor and council of the town of Preamble. Nicolet, have by petition, prayed for certain amendments to its act of incorporation, passed in the 36th year of the reign of Her Majesty, Chap. 52, and it is expedient to grant the prayer of the said petition; Therefore, Her Majesty, by and with the advice and consent of the Legislature of Quebec, enacts as follows: 1. The first section of the said act is amended by strik- S. 1 of 36 V. c. ing out the words: "the mayor and council of the town 52, amended. of Nicolet," and by substituting there for the words: "the mayor and councillors of the town of Nicolet." S. 4, amended. Qualification and coun cillors 2. Section 4 of the said act is amended by striking out sub-sections 1 and 2, and by replacing them by the following: "No person shall be elected mayor or councillor, of the mayor nor shall be competent to hold one or other of the said offices: 1o. Unless he be of the male sex, of full age of majority and a born or naturalized subject of Her Majesty; 20. Unless he shall have had his domicile or place of business, in the town of Nicolet, during the twelve consecutive months of the year immediately preceding the election at which he is a candidate, and he shall know how to read and write; 30. Unless he shall have held as proprietor, at least during the twelve consecutive months of the year immediately preceding the election, either in his own or in his wife's name, immoveable property valued at eight hundred dollars for the office of mayor, and three hundred dollars for that of councillor, according to the valuation roll then in force for the said town; and by inserting in the fifth line of subsection 3, after the word: "navy," the words: "nor hotel-keepers, license inspectors and their deputies, and persons licensed to sell intoxicating liquors in their stores." S. 5, amended, 3. Section 5 of the said act is amended by striking out the first subsection, and substituting the following in lieu thereof: Qualification "1. The persons entitled to vote at the municipal of electors. elections of the town of Nicolet, shall be the male proprietors of the full age of twenty one years, having been in possession for twelve consecutive months previously, of real estate in the said town of Nicolet, of the value of one hundred dollars, and male tenants of the full age of twenty one years who shall have paid rent in the said town of not less than eighteen dollars per annum, for a house or part of a house, for twelve consecutive months of the year previous to the said election; § 1 of S. 8, amended. Presiding Provided always that no person qualified to vote at the municipal elections of the said town of Nicolet, shall have the right to have his vote enregistered, unless he shall have paid previously to the day of the election, his municipal taxes and assessments and school taxes accrued previous to such election, and unless his name be entered on the list of municipal electors then in force; and it shall be lawful for all candidates and for the officer presiding over such election, or his deputy, to require the production of receipts establishing the payment of such taxes or assessments as aforesaid." 4. Sub-section 1 of section 8 is amended by inserting in the twelfth line thereof, after the word "handwriting," the following words: "the presiding officer, at the his duties. place, day and hour fixed for the election, after having officer, &, opened the meeting, shall accept and nominate the persons whose names shall have been given to him, in writing, by at least three municipal electors of each ward as councillors to be elected in the said wards respectively, and if, within one hour after the opening of the meeting, one person only have been nominated for mayor, the presiding officer shall declare such person elected as mayor. The same shall hold for all persons to be elected as councillors for each of the several wards in the said town. If, within an hour after the opening of the meeting, more than one person shall have been and remain nominated for the office of mayor, or more persons than are requisite for election to the office of councillor, in one or more wards, be nominated, then it shall be the duty of the presiding officer to grant and order a poll for the election of the mayor, or of the councillors in one or more wards, as the case may be, and he shall, without delay, over his own signature, appoint a deputy returning officer for each ward in which a poll shall be held, each one of whom may appoint an assistant, and he shall be held responsible for the holding of the poll in the ward for which he shall have been appointed.' The said subsection is also amended by striking out, in the 13th, 14th, 15th and 16th lines thereof, after the word: "votes," the words: "from nine o'clock in the morning until four o'clock of the afternoon of the day fixed for such election," and by substituting therefor the following words: "on the same day after the hour of opening the meeting, and shall end at five o'clock of the afternoon of the same day," and by inserting in the twentieth line after the word: "poll," the following words: "In all elections held after the present act, the poll. books containing the names of the voters and other matters shall be attested under oath by each of the deputies who shall have presided at such election, in the respective wards of the said town, each of such deputies attesting his own book, before the officer presiding at such election or any justice of the peace residing in the said town; and the said oath shall be in the following form, and shall be written in whole or in part, on the last page of the said poll-book containing the names of the electors: "I, [A. B.] do swear that the poll-book kept by me at Oath. the municipal election for ward No. of the town of Nicolet, is true and correct to the best of my knowledge and belief: So help me God." And the poll-books so attested, shall be at once deposited in the hands of the officer presiding at such election who, after having established, in presence of the |