have maintain ed by the party himself if he had been wounded only. No more than one action to therein shall and may be proceeded against under the provisions of this Act, notwithstanding no action for damages could have been brought by the said person or persons whose death shall or may have been so caused had death not ensued from the infliction of such wound or injury. IV. Provided always, and be it enacted, That not more than one action shall lie for lie for the same and in respect of the same subject matter of complaint; and that every such action shall be commenced within twelve calendar months after the death of such deceased person. cause. Limitation of time for bring ing such action. Plaintiff to serve on tho Defendant notice of certain particu lars with the declaration. Interpretation clause, V. And be it enacted, That in every such action the Plaintiff on the record shall be required, together with the declaration, to deliver to the Defendant or his Attorney, a full particular of the person or persons for whom and on whose behalf such action shall be brought, and of the nature of the claim in respect of which damages shall be sought to be recovered. VI. And be it enacted, That the following words and expressions are intended to have the meanings hereby assigned to them respectively, so far as such meanings are not excluded by the context or by the nature of the subject matter, that is to say: words denoting the singular number are to be understood to apply also to a plurality of persons or things; and words denoting the masculine gender are to be understood to apply also to persons of the feminine gender; and the word "person" shall apply to bodies politic and corporate; the word "parent" shall include father and mother and grandfather and grandmother and stepfather and stepmother; and the word "child" shall include son and daughter and grandson and granddaughter and stepson and stepdaughter. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS, ANNO DECIMO ET UNDECIMO VICTORIE REGINE. CAP VII. An Act to make better provision for the establishment of Municipal [ 28th July, 1847. ] WHE Act of L. C. 4 Geo. 4. c. 2, L. C. 4 Vict. c. 3 & 4, and of Canada Vict. c. 40, re pealed. HEREAS it is expedient to abolish the Parish and Township Municipalities Preamble. now established by Law in Lower Canada, and to substitute County Municipalities in their stead, and to make provisions in that behalf: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada and for the Government of Canada, and it is hereby enacted by the authority of the same, that the Act of the Legislature of Lower Canada passed in the fourth year of the Reign of King George the Fourth, intituled, An Act to repeal a certain Act therein mentioned, and to provide for the Police of the Borough of William Henry and certain other Villages in this Province; the Ordinance of the Governor and Special Council for the affairs of the late Province of Lower Canada, passed in the fourth year of Her Majesty's Reign, and intituled, An Ordinance to provide for the better Internal Government of this Province, by the establishment of local or municipal authorities therein; and the Ordinance of the said Governor and Special Council passed in the same year of the same Reign, and intituled, An Ordinance to prescribe and regulate the election and appointment of certain Officers in the several Parishes and Townships in this Province, and to make other provisions for the local interests of the inhabitants of these divisions of the Province; and the Act passed in the eighth year of Her Majesty's Reign, and intituled, An Act to repeal certain ordinances therein mentioned, and to make better provision for the establishment of local and municipal authorities in Lower Canada; and the Act passed in Also the Act the ninth year of Her Majesty's Reign, and intituled, An Act to divide the municipalities Vict. c. 78, in of Hochelaga and of Three Rivers into distinct municipalitics, and further to provide for so far as relates the support of schools and the management of local affairs therein, so far as the said Act cipality of relates to the municipality of Hochelaga, or to the establishment of the municipality of Hochelaga and the Banlieu of Three Rivers, save and except so far as hereinafter specially provided of Three-Riand reserved, shall be, and the said Acts and Ordinances are, from and after the first vers. day of September next, hereby repealed: Provided always that all Acts and Ordinances or parts of Acts and Ordinances repealed by the said Acts or Ordinances shall remain ces repealed by repealed: And that each Parish, Township or place which immediately before the to remain re of Canada 9 to the Muni of the Banlieu Proviso: Acts and Ordinan those aforesaid ces where im time when this Act shall come into force and effect shall be a municipality for the purposes of the Act passed in the now last session, and intituled, An Act to repeal certain enactments therein mentioned and to make better provision for Elementary Instruction in Lower Canada, shall, notwithstanding any thing in this Act, continue to be deemed to be a municipality within the meaning of the said Act and for all the for the purpo- purposes thereof. Proviso: Plamediately be fore this Act force shall be shall come into shall remain so ses of the School Act, 9 Vic. c. 27. Inhabitants of each County incorporated their corporate name and power. Proviso: The Rimouski, Saguenay, Dorchester FIRST PART. RURAL MUNICIPALITIES NOT BEING TOWNS OR VILLAGES. II. And be it enacted, That the inhabitants of each and every County in Lower Canada shall be a body politic and corporate, by the name of The Municipality of (naming the County, as the case may be) and by that name shall have perpetual succession, and may sue and be sued, and may or may not, as to the said Corporation shall seem meet, have a Common Seal, and shall have the power to take, hold and enjoy within the limits of such Municipality real property not exceeding the yearly value in amount of Two hundred pounds currency, and to alienate the same, and shall have all such other corporate powers, as, though not expressly mentioned in and granted by this Act, shall be necessary for the due performance of the duties, and the due exercise of the powers Montmorenci, which are hereby imposed or conferred upon the Corporation; Provided always, that the Counties of Bonaventure, Montmorency, Rimouski, Saguenay, Dorchester and Beauharnois shall each be divided into and form two such Municipalities; and the Counties of Ottawa and Gaspé each into three such Municipalities; And it shall be lawful for the Governor in Council, to and for the purposes of this Act to define the local limits of such divisions, and each such division shall be a Municipality in the same manner as any County Municipality provided by this Act, and shall have and exercise and possess within such limits all and every the corporate or other powers given and granted by this Act to County Municipalities, and shall be known by the corporate name of The Municipality of (stating the name of the County with the number one, two or three, as the case may be) for distinction thereof, the number one in all cases to belong to and be the number of the division containing the greater amount of population according to the last Census in Lower Canada, the number two the division next in amount. may be respec tively divided into two dis tinct Municipalities, and the Counties of Ottawa and Gaspé each into three, for the purposes of this Act, by the Governor in Council. Corporate name of such divisions, respectively. Each Corpora tion to be re presented by a Council, for. which two members shall be chosen from each Parish or Township. First election of Councillors, when and where to be held. Who shall preside at such election. III. And be it enacted, That each of the said Corporations shall be represented by and have its duties performed and powers exercised by and through a Municipal Council, to consist of two Councillors to be respectively chosen or appointed as hereinafter provided by each Parish or Township into which such County or Municipality shall be divided for the election of a member to represent the County in the Provincial Parliament, and at which a separate poll may be opened and held for that purpose under the provisions of the law in force in Lower Canada. IV. And be it enacted, That on the second Monday in the month of September now next, and at nine o'clock in the forenoon, the qualified inhabitants of each Parish or Township, shall hold a first meeting at the place at which such separate poll is required to be held according to law, at which the Senior Justice of the Peace resident in such Parish or Township, and present, shall preside, (or in default of such Justice, such person as the majority of the persons present at the meeting shall appoint,) and shall proceed called. proceed to elect two persons to be Councillors qualified to act as such as hereinafter provided: Provided always, that such meeting shall be called by a notice to be given How the meetpublicly at least eight days previous, at the doors of the churches or other places of ing shall be public worship in each such Parish or Township, or if there be no churches or places of public worship, then at two of the most frequented places therein, by any one of the persons who by this Act may preside at the meetings therein mentioned, or by any three electors of such Parish or Township. How and by tions of Councillors shall be determined. whom the elec conducted and Poll Lists to be kept if a Poll be de manded. V. And be it enacted, That the said inhabitants, being householders, shall at every such meeting proceed to the election of the said two Councillors, and the poll for such election if demanded by any candidate or by any three electors then present, shall begin at ten of the clock in the morning, and shall be kept open to an hour not later than five in the afternoon of the first day of such meeting, and from ten in the morning of the following day until five in the afternoon, and then shall finally close; and the name of each elector voting at such election shall be written in poll lists, to be kept at such election by the Justice of the Peace or other person holding the same; and after the final close of such poll, such Justice or other person presiding thereat, shall forthwith proceed publicly to declare the number of votes given for each candidate, and shall declare the person or persons having the majority of votes in his or their favor, to be duly elected Councillors as aforesaid; and if there should be at such final closing of the Poll, an equal number of votes polled for two or more persons to be Councillors as aforesaid, it shall be lawful for such Justice or other person holding such election, and he is hereby required, whether otherwise qualified or not, to give a vote for one or other of the persons having such equality of votes, and so determine the election; and the poll lists kept at such election, shall by such Justice of the Poll Lists to Peace or other person, be delivered, after the conclusion of every such election, to the the Clerk of Clerk of the Council for which such election shall have been held; and the person And the names having presided at such election shall report the result thereof and the names of the of the CouncilCouncillors elected, to the Provincial Secretary within eight days next after election. the Case of equa provided for. lity of votes be delivered to the Council. lors returned to the Secretary of the Pro vince. Fines and mode of hold VI. And be it enacted, That at each subsequent General Meeting of the inhabitants of each Parish or Township, which shall be held in every year on the second Monday in July or any subsequent Monday in the same month at nine o'clock in the forenoon, the senior Councillor or the senior Justice of the Peace in the Parish or Township, or in default thereof, such person as the majority of voters at such meeting shall choose, shall and may preside, and an election shall be made and the report thereof shall be Report to the made to the Provincial Secretary as provided in the next preceding section. Provincial Secretary. Period of ser vice of Coun cillors. Proviso: one retire at each to be deter mined in the Councillor to VII. And be it enacted, That the persons chosen as before mentioned, and duly qualified as aforesaid to be Councillors, shall form the Council, and shall have the management of all the affairs of the Corporation; and such Councillors shall be elected for two years: Provided always, that on the day of each annual meeting after the first election, one of the Councillors for each Parish or Township (to be determined by lot in the first instance) shall go out of office, and in this manner for each ensuing year, until both those elected at the first election shall have gone out, after which they shall go out in the order in which they shall have been elected, but any Councillor so going out may be re-elected with his own consent: Provided always, that nothing herein Proviso: Procontained shall be construed to invalidate any proceedings had by any municipality Councils un annual election first instance by lot. ceedings of der repealed Acts to remain established under the provisions of the recited Acts until the same shall be repealed or valid until re- altered by the proper Council under this Act. voked or al tered under this Act. How actions shall be brought by or against the said Corporations. What shall be sufficient service of process. Places at which the Meeting of the be held in the Who shall be entitled to vote Councillors. Property qualification. VIII. And be it enacted, That every action brought by or against the Corporation shall be brought by or against the same by its corporate name as aforesaid: and in all such actions, service of process on the Secretary Treasurer for the time being of such Corporation, shall be a good and valid service thereof. IX. And be it enacted, That the Council of each Municipality shall hold its Meetings at the Parishes, Villages or places following respectively, to wit: The County of Gaspé, Division first at Percé, Division second at Gaspé Basin, Division third at Amherst Harbour. The County of Ottawa, Division first at Aylmer, Division second at Lochaber, Division third at Litchfield. The County of Bonaventure, Division first at New Carlisle, Division second at New Richmond. The County of Rimouski, Division first at Rimouski, Division second at Rivière du Loup. The County of Dorchester, Division first at Ste. Marie, Division second at St. Henri. The County of Beauharnois, Division first at Beauharnois, Division second at Huntingdon. The County of Montmorenci, Division first at Chateau Richer, Division second at St. Jean de l'Isle. The County of Saguenay, Division first at The County of Kamouraska, at Kamouraska. The County of Nicolet, at Becancour. The County of Sherbrooke, at Sherbrooke. The County of Rouville, at St. Athanase. The County of Terrebonne, at Ste. Thérèse. The County of Portneuf, at Cap Santé. X. And be it enacted, That no person shall vote at any general meeting for the at elections of election of Councillors, unless he be of the male sex, of the full age of twenty-one years, and a subject of Her Majesty by birth or naturalization; nor unless he be in possession as proprietor, and for his own proper use and benefit, of a real estate in the Parish or Township, held in franc aleu, free and common soccage, en fief, or en censive, of the yearly value of forty shillings, currency, or upwards, or shall hold as a tenant or lessee or otherwise occupy an estate of the yearly value of at least five pounds, currency, nor unless, in either case, he shall have resided in the Parish or Township |