CHAPTER 97 an Act to Amend the Charter of the City of Montre Il
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CHAPTER 97 An Act to amend the charter of the city of Montre il [Assented to, the 22nd of March, 1928] YT7 HEREAS the city of Montreal has, by its petition, Preamble. represented that it is in the interest of the city and necessary for the proper administration of its affairs that its charter, the act 62 Victoria, chapter 58, and the acts amending the same, be further amended; Whereas the Seminary of St. Sulpice has executed per manent works on the parts of Atwater Avenue, Place Barat, Breslay Road, St. Sulpice Road, Summit Crescent and Piquet Road, and the proprietors of lots fronting on said streets have agreed to pay the cost of these works; Whereas the Seminary of St. Sulpice is desirous of ex ecuting other works on other streets with the consent of the city, and the contracts of sale of lots fronting on said streets on which works will be executed shall contain a clause binding the purchasers to pay the costs of these works; Whereas the proprietors of Notie-Dame-de-Graces Ave nue, Girouard Avenue, Iberville, Chapleau and Gilford Streets, Mount Royal Avenue, Boulevard St. Joseph be tween Papineau Avenue and Fullum Street, have com plained of the mode of assessment and the cost of these ex propriations, and have asked to have the said rolls annulled and to have new ones made or the existing ones amended; Whereas the proprietors of the abbatoir s subject to the abbatoir tax for 1927 do not object to the abbatoir tax for 1927 being imposed at the same time as the abbatoir tax for 1928; Whereas doubts have arisen as to the rights of the city to dispose of or exchange parts of streets or lanes not used, and it is necessary to ratify the deeds mentioned in section 50 of this act as paragraphs a, 6, d, e, f and g; Whereas doubts have arisen as to the rights of the estate Campbell to grant to the city certain land for the purposes 327 Chap. 97 City of Montreal 18 G e o . V of games and it is necessary to ratify the deed of donation mentioned in section 50 of this act under paragraph c; Whereas doubts have arisen as to the right of exchanging a certain part of Mount Royal for lands forming part of Mount Royal Cemetery, and it is necessary to ratify the deed of exchange mentioned in section 50 of this act as paragraph h; Whereas doubts have arisen as to the rights of the town of Pointe-aux-Trembles to grant to the city of Montreal its waterworks in payment of the water rates due by it and it is necessary to ratify the deed of gift in payment mentioned in section 50 of this act as paragraph i: Whereas it is expedient to grant its prayer for the passing of an act for the aforesaid purposes; Therefore, His Majesty, with the advice and consent of the Legislative Council and of the Legislative Assembly of Quebec, enacts as follows: 62 Viet. c. 1. The last paragraph of paragraph 1 of section 21c 58, s. 2le, of the act 62 Victoria, chapter 58, as enacted by the act am. 11 George V, chapter 112, Schedule B, section 5, and re placed by the act 15 George V, chapter 92, section 5, is again replaced by the following: Report of “ Every matter within the jurisdiction of the council, the execu tive com except cases in which it is otherwise provided, must be mittee to submitted to the executive committee for report to the council. council, and, if the resolution submitting such matter has been adopted by the majority of all the members of the council, such report must be made within thirty days from the date of the meeting of the council on which such matter was referred to the committee.” 62 Viet. c. 2 . Article 39 of the act 62 Victoria, chapter 58, as replaced 58, s. 39, re by the acts 9 Edward VII, chapter 81, section4; 1 George placed. V (1910), chapter 48, section 21; 6 George V, chapter 44, section 7, and 11 George V, chapter 112, Schedule B, sec tion 20, and as amended by the acts 12 George V, chapter 105, section 3, and 13 George V, chapter 91, section 4, is again replaced by the following: Indemnity “ 3 0 . Every alderman shall receive, out of the funds of of alderman the city, as an indemnity or compensation for his services, from the date of the voting to the date of the expiry of his term of office, an annual sum of two thousand dollars, provided that there shall be deducted from the indemnity of each alderman a sum of ten dollars for every failure on his part, even with the authorization of the council, to attend a meeting of the council, duly called, whether there 328 1928 City of Montreal Chap. 97 3 be a quorum or not, unless such alderman has been absent on an official mission for the city or through illness. In addition to the above-mentioned indemnity, the Indemnity chairman of the executive committee shall have the right receive a yearly indemnity of eight thousand dollars, and bers of com- each of the other members of the committee, a yearly in-mittee. demnity of five thousand dollars, from the date of their appointment to the date of the swearing in of their suc cessors. One of the membeis of the council shall be chosen out- 0f ieader side of the members of the committee as leader and shall of council, receive a further indemnity of three thousand dollars an nually from the date of his appointment2* 3. Article 40 of the act 62 Victoria, chapter 58, as re- 62 Viet, c, placed by the acts 1 George V (1910), chapter 48, section 58, s. 40, 22; 8 George V, chapter 84, section 17, and 11 George y ?rePlaced- chapter 112, Schedule B, section 21, is again replaced by the following : “40. The council may, at any time, appoint committees Committees and entrust them, on its own initiative or upon the request appointed of the executive committee, with the study of or inquiry ecoun“ into any facts, matters or questions which it may deem ad visable to submit to them, and such committees shall study or inquire into such facts, matters or questions, and report thereon, within thirty days from the date of the meeting of the council at which such facts, matters or questions have been submitted to them, provided the attri- Proviso, butes of such committees do not come in conflict with the powers conferred on the executive committee, the director of municipal services, and the other committees created by this charter.” 4. Article 124 of the act 62 Victoria, chapter 58, as 62 Viet., c. replaced by the acts 15 George V, chapter 92, section 10, 58qs* and 16 George V, chapter 71, section 6, is again replacedrep ace by the following : “124. The voting shall take place in a room or building Place of of convenient access, with a door for the admission of the voting, voters, and having, if possible, another for exit. The returning-officer shall, in his discretion, group the Grouping of polls in public halls, schools or other spacious premises. P°lls* He shall also see that a municipal constable or other Special con- person sworn as special constable is stationed, during stables, voting hours, at each of the places where several polls are so grouped, with instructions to prevent any overcrowding and to call the electors by their names, and direct them to the poll where they have the right to vote.” 329 4 Chap. 97 City of Montreal 18 Geo. Y 62 Viet., c. 5 . Article 300 of the act 62 Victoria, chapter 58, as 58, s. 300, am. amended by the acts 63 Victoria, chapter 49, sections 7 and 8; 3 Edward VII, chapter 62, sections 22 and 23; 4 Edward VII, chapter 49, sections 6 and 7; 7 Edward VII, chapter 63, sections 10 and 11; 8 Edward VII, chapter 85, section 15; 9 Edward VII, chapter 81, sections 7, 8 and 9; 1 George V (1910), chapter 48, section 29; 1 George V (1911), chapter 60, sections 10 and 11; 2 George V, chapter 56, sections 11 and 12; 3 George V, chapter 54, section 8; 4 George V, chapter 73, section 8; 6 George V, chapter 44, section 12; 7 George V, chapter 60, section 2; 8 George V, chapter 84, section 29; 10 George V, chapter 86, section 2; 11 George V, chapter 111, section 1; 12 George V, chapter 105, section 4; 13 George V, chapter 91, section 5 ; 15 George V, chapter 92, section 17, and 16 George V, chapter 71, section 11, is further amended: a. By replacing paragraph 25 thereof by the following: Exhibitions, “ 25. To license, regulate or prohibit the exhibitions etc. of showmen and shows of all kinds, and the exhibitions of caravans, menageries, circuses, concert-halls, dance-halls, theatrical performances, skating-rinks and all places of amusement and museums. Playhouses. To enact by-laws concerning the erection, fitting up and operation of public buildings, more particularly of play houses (theatres, moving picture halls and cafe-concerts) ;” ; b. By replacing paragraph 63 thereof by the following: Dwellings, “ 63. To regulate dwellings and determine the number of etc. families which may inhabit a dwelling, a tenement, a house or an apartment; to prevent the overcrowding thereof and to require the same to be put and kept in proper sanitary condition;’7; c.