take place, at the door of the church of the parish in which the immoveables are situated, immediately after morning service, or, if there is no church, at the most public place in the locality. If there is no service it is sufficient to merely post the notice." 7. Article 1069 of the said Code is amended by replacing all Id., 1069, the words preceding the word: "newspaper," in the seventh amended. and eighth lines of paragraph 2 by the following: "2. Moreover, if the immoveable is situated in the Island Publication of Montreal, by being inserted in French in a newspaper of notices in published in that language in the city of Montreal, and in confirmation English in a newspaper published in that language in the of title. city of Montreal; if the immoveable is situated in the city of Quebec, Three Rivers, Sherbrooke, St. Hyacinthe or Sorel, or in the town of St. John's, by being inserted in a newspaper published in French, and in one published in English, in the locality, and, if there is only one newspaper in the locality or all are published in the same language, in both languages, in the same". 8. Paragraph 1 of article 1352 of the said Code is replaced Id., 1352, § 1, by the following: replaced. cases of sales "1. When the immoveables are situated in the Island Publication of Montreal, by inserting such notice in French at the of notices in latest fifteen days before the sale in a newspaper published of property in that language in the city of Montreal, and in English of minors. in a newspaper published in that language in the city of Montreal; and, when the immoveables are situated in the city of Quebec, Three Rivers, Sherbrooke, St. Hyacinthe or Sorel or in the town of St. John's, by inserting such notice, at the latest fifteen days before the sale, in a newspaper published in French, and in one published in English, in the locality; and, if there is only one newspaper in the locality or both are published in the same language, by inserting it in both languages in the same newspaper; or" Art. added to C. C. P., after 135. Proceedings moveable property of CHAP. 43 An Act to amend the Code of Civil Procedure [Assented to 9th March, 1906] LIIS MAJESTY, with the advice and consent of the Legislative Council and of the Legislative Assembly of Quebec, enacts as follows: 1. The following article is inserted in the Code of Civil Procedure, after article 135: "135a. When the succession of a person opens outside of affecting im- the Province, any real action relating to his estate may be taken against the heirs collectively who have not registered, within the three months, the conveyance by will or transmission by succession of such property, as required by article 2098 of the Civil Code. certain de ceased per sons, how ⚫ carried on. Service is made upon the order of a judge of the district in which the property is situated, ordering such heirs to appear within one month from the last publication of a synopsis. thereof in French and English in a newspaper in such district. If the heirs do not appear, proceedings are continued as in cases by default, and no service of the judgment is necessary.' Art. added to 32. Erection &c., of municipalities. Id., 246, amended. CHAP. 44 An Act to amend the Municipal Code [Assented to 9th March, 1906] [IS MAJESTY, with the advice and consent of the Legis Hative Council and of the Legislative Assembly of Quebec, enacts as follows: 1. The following article is inserted in the Municipal Code after article 32: "32a. The county council may, in the same manner, divide a parish municipality into two municipalities, erect into a municipality a part of two or more parishes, and detach part of a parish municipality and annex it to another parish municipality." 2. Article 246 of the said Code is amended by adding thereto the following clause: "In the event of the absence or inability to act of any mayor Pro-mayor of a local municipality, the pro-mayor appointed under article may repre 345 may represent such local municipality at any meetings of municipality the county council." sent local in county council. 3. The following article is inserted in the said Code after Article article 476a, as contained in article 6096 of the Revised added to id., Statutes: after 476a. "476b. To order that no wall or fence over a certain height Height of shall be erected along municipal roads or within forty feet of of fences. such roads." 4. Article 535 of the said Code, as contained in article Id., 535, 6115 of the Revised Statutes, is amended by adding, after amended. the words:" roads or bridges," in the first line, the words: or all or any other bridges including those mentioned in article 883." 5. The following article is added after article 615c of the Art. added to said Code, as enacted by the act 53 Victoria, chapter 64, id.,after 615c. section 1: "615d. To exercise the powers conferred upon town and Powers village councils, by articles 638 and 639, respecting lighting."' respecting lighting. 6. Article 773 of the said Code is amended by adding thereto Id., 773, the following clause: amended. "It shall, however, be lawful for the council to enact, by Power of by-law, that such works shall be performed at the expense council as to of the municipality or of a part thereof." works. 7. Article 802 of the said Code is amended by adding the Id., 802, § 8, following words, at the end of paragraph 8 thereof: " or they amended. may be performed by the day under the direction of the officer having the supervision of the works." 8. Article 892 of the said Code is amended by adding Id., 892, thereto the following words: "or by the day under the amended. direction of the road or rural inspector having jurisdiction." 9. Article 893 of the said Code is amended by inserting, Id., 893, before the word: " On," in the first line, the words: "In case amended. the works are performed by contract." amended. 10. Article 1064 of the said Code, as contained in article Id., 1064, 6220 of the Revised Statutes, is amended by striking out the word: "juridical", in the second line thereof. M. C., 513, amended. Id., 515, amended. Coming into force CHAP. 45 An Act to amend the Municipal Code respecting the County [Assented to 9th March, 1906] IS MAJESTY, with the advice and consent of the Legislative Council and of the Legislative Assembly of Quebec, enacts as follows: 1. Article 513 of the Municipal Code, as contained in article 6110 of the Revised Statues, is amended: a. By replacing the words: "or city municipality", in the thirteenth line, by the words: " city or other municipality"; b. By replacing the words: "or city" in the twenty-fifth line, by the words: "city or municipality". 2. Article 515 of the said Code, as contained in article 6111 of the Revised Statutes, is amended: a. By replacing the words: "or town" in the twelfth line, by the words: "town or other municipality". b. By replacing the words: "or town" in the twenty-third line by the words: "town or municipality". 3. This act shall come into force on the day of its sanction. M. C., 566, amended. Effect of act. CHAP. 46 An Act to amend article 566 of the Municipal Code [Assented to 9th March, 1906] IS MAJESTY, with the advice and consent of the Legis HIS MAJESTYcil, and of the Legislative Assembly of Quebec, enacts as follows: 1. Article 566 of the Municipal Code, as contained in article 6123 of the Revised Statutes, and replaced by section 3 of the act 2 Edward VII, chapter 45, is amended by striking out all the words after the word: " Government ", in the fourteenth line to the end of the said article. 2. This act shall not affect any bottler's establishment now in existence, until the first of May, 1907. СНАР. 47 An Act to ratify an agreement passed between the City of [Assented to 9th March, 1906] WHEREAS the City of Montreal and the Canadian Pacific Preamble.. Railway Company have, by their petition, represented that it is in the interest for the proper administration of their affairs that the agreement between the City of Montrea land the Canadian Pacific Railway Company, passed on the 30th of June, 1905, before R. A. Dunton, notary public, should be ratified, and whereas it is expedient to grant their prayer; Therefore, His Majesty, with the advice and consent of the Legislative Council and of the Legislative Assembly of Quebec, enacts as follows: agreement of fied. 1. The agreement between the City of Montrea land the Certain Canadian Pacific Railway Company of the 30th of June, 1905, 30th June, passed before R. A. Dunton, notary, a copy whereof is annexed 1905, ratito this act as a Schedule, and all the conditions and stipulations therein set forth, are ratified and confirmed, and the contracting parties are authorized to fulfil the conditions thereof according to the terms and tenor thereof; and power is hereby granted to the parties to do all acts necessary for carrying out the said agreement or deed, in accordance with the intention of the contracting parties. 2. Such agreement shall be continued and extended for a Agreement further period of ninety years making a total of at least ninety- continued nine years. for term of years. under agree 3. The said railway company shall be liable for all dam- Liability of ages which may be caused to any person or property by reason company of the closing of the said streets, ramp and portions of streets, ment for ceror alterations in the levels thereof, and shall also indemnify tain damand hold harmless the City against any suit instituted, judg- ages; ment rendered or claim recognized as well founded against the City, including capital, interest and costs, as the case may be. Such recourse of the injured proprietor may be exercised Recourse of either against the company or against the City or jointly against both. proprietors. 4. This act shall come into force on the day of its sanction. Coming intc force. |