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Any such municipality, colonization society or number of Co-operation colonization societies may thereafter co-operate in the opening of roads. in opening, or improvement of such road. 31 V., c. 19, s. 7; 32 V., c. 14, s. 21.

1711. Such municipalities and colonization societies may Such munici palities may appropriate any revenues or means at their disposal to that contribute. end. 31 V., c, 19, s. 8; 32 V., c. 14, s. 22.

1712. Any such municipality, if entitled to a share of the Share of seigniorial seigniorial indemnity under the law, may specially appropriate indemnity. such share or any part thereof to that end. 31 V., c. 19, s. 9.

included un

1713. Such colonization roads or parts thereof, as are with- Certain roads in the limits of any municipality, shall not be deemed to be not to be public works within the meaning of the Municipal Code, unless less by orderexpressly so declared by order of the Lieutenant-Governor in in-council. Council. 31 V., c. 19, s. 10.

order.

1714. The provisions which may, from time to time, be so Effect of such made by order in council, for defining and assuring all requisite provincial superintendence of such road, or for modifying, in respect thereof or of any part thereof or bridges thereon, any rule or law applicable to roads and bridges generally, or, for declaring any thereof to be otherwise county works or local works, or front roads or by-roads, as the case may require, shall have the force of law. 31 V., c. 19, s. 11.

SECTION IX.

COLONIZATION WORKS.

tion roads and

1715. The Commissioner, colonization agents appointed by Power to lay him, and all persons employed to make colonization roads and out colonizabridges, under his direction, by means of grants of public bridges. money, or in part by such grants and in part by local grants, have power to lay out and construct, on any lands to whomsoever belonging, roads and bridges and other works, which they may deem necessary for the development of colonization. 32 V., c. 15, s. 144.

1716. Roads and bridges in a municipality, built in whole Building of or in part by the Government, are kept by such municipality, bridges, &c. or by the municipality of the county, in the same manner as all other roads and bridges. 42-43 V., c. 8, s. 2.

1717. Municipalities have the right to regulate by procès- Regulation by verbal any colonization road or bridge in such municipalities, procès-verbal. partly or altogether built by the Government, but they cannot order it to be closed without an order of the Commissioner to that effect. 42-43 V., c. 8, s. 3.

Land to be

1718. The lands, through which such colonization roads come property have been traced and built, become the property of the Crown

of Her

Majesty.

[blocks in formation]

Toll-gates

shall not be

and, whenever such lands are situated in a township, no indemnity shall be payable for the ground. 32 V., c. 15, s. 146.

1719. The Commissioner or his agents shall have full power and authority to take from any lot of land, in the vicinity of such colonization roads or bridges, all wood, stone, earth, gravel and sand required in their construction, and to cut down all trees to a distance of thirty feet from each side of such road or bridge, without being bound to pay any indemnity, except for clearances if there be any on the line. 32 V., c. 15, s. 147; 34 V., c. 3, s. 3.

1720. So long as a colonization road is under the control of the Commissioner, the owners of lands adjoining such road shall have no right to exact, either from him or from the Government of this Province, any servitude, as between neighbors, such as fences, ditches and the like. 32 V., c. 15, s. 148.

1721. By order of the Lieutenant-Governor in Council, tollgates may be established on colonization roads constructed under the control of the Commissioner, and tolls levied on such roads.

In every such case, such roads shall cease to be at the charge of municipalities. 32 V., c. 15, s. 149; 42-43 V., c. 8, s. 4.

1722. No person shall pass through any turnpike gate at passed with which tolls shall be payable, under and by virtue of such order out payment. in council, without having paid such toll.

Toll-gates shall not be avoided.

Penalty.

Suits to be

brought by Attorney General.

Application

of certain articles.

No person, after having passed over a part of the road with a wagon, carriage, or other vehicle, or with animals, on which tolls are payable, shall leave such road to follow another road, and, afterwards to re-enter the toll road beyond any of the gates, with a view to avoid payment of tolls.

2. All infractions of this article are punishable by a penalty not exceeding ten dollars, recoverable in the manner provided by article 1836. 33 V., c. 6, s. 13.

1723. All suits or contestations respecting the execution of colonization or other public works, or in relation to such works, shall be instituted and carried on by the Attorney General in the name of Her Majesty. 33 V., c. 6, s. 14.

1724. The provisions of articles 1768 to 1785 and 1789 to 1842 inclusively, apply, if necessary, mutatis mutandis, to the colonization works mentioned in this section. 50 V., c. 7, s. 10.

SECTION X.

COLONIZATION SOCIETIES IN CERTAIN PARTS OF THE PROVINCE.

certain

1725. A colonization society may, as hereinafter provided, Formation of be formed in each of the cities and towns of Montreal, Quebec, societies in Three Rivers, St. Hyacinthe, Sherbrooke, Hull, Chicoutimi and places. Rimouski, and the aim and object of such societies shall be: Object of such 1. To aid in promoting the establishment of settlers on Crown lands, to attract emigrants from other countries, and to restore to this Province such of its inhabitants as have emigrated;

2. To open, with the leave of the Government, and to aid the Government and municipalities in opening roads through wild lands of the Crown or leading thereto;

3. To direct settlers or immigrants towards the localities which the Commissioner of Crown Lands shall, as hereinafter provided, have assigned to and reserved for them;

4. To provide settlers with seed grain, provisions, and implements suitable for the clearing and cultivation of land;

5. To aid the Department of Agriculture and Colonization and the Department of Crown Lands to diffuse knowledge and information of a nature to extend colonization ;

6. To promote colonization and assist settlers by all means and proceedings which they shall deem desirable to adopt in conformity with regulations to be approved by the LieutenantGovernor in Council. 32 V., c. 14, s. 1; 43-44 V., c. 18, s. 1; 50 V., c. 7, s. 2.

societies.

1726. In each of the said cities and towns, thirty or more Number and persons may join themselves together and form a colonization formalities society.

They shall for this purpose:

1. Sign a declaration in the terms of form A of the schedule hereunto annexed:

2. Elect a president, a vice-president, a secretary-treasurer, and a board of management composed of not less than five members, including the said officers;

3. Adopt a constitution and by-laws;

4. Report to the Commissioner and pray to be recognized as forming a colonization society, by transmitting to him such declaration, constitution and by-laws, the list of officers and members of the board of management, and the name of the locality where the society and board are to assemble, and which is to be deemed the place of business of the society. 32 V., c. 14, ss. 2 and 3; 43-44 V., c. 18, s. 2.

required for the formation of societies.

1727. Residence in any of the above-mentioned cities or Residence in towns is not required, to be a member of a colonization certain places society. 43-44 V., c. 18, s. 4.

not neces

sary.

What consti

1728. The constitution and by-laws of each society shall tution shall provide in what manner the subscriptions of the members provide for. shall be paid, and shall lay down rules respecting the duties and powers of the officers and board of management, the manner of their election and the time during which they shall remain in office, the admission of new members, the holding of general meetings of the society, and generally respecting everything which relates to the organization of the society, and the manner of administering its affairs. 32 V., c. 14, s. 3; 43-44 V., c. 18, ss. 5 and 6.

By-laws.

Formalities for the

1729. The constitution, when sanctioned by the Lieu tenant-Governor in Council, as hereinafter provided, may be amended at a general meeting of the society duly convened; of the consti- and the by-laws may be, from time to time, amended by the

amendment

tution or by-laws.

Coming into force.

sioner may

grant a cer

board of management; but, in either case, a copy of the amendment, certified by the president and secretary-treasurer, or by the vice-president and secretary-treasurer, must be transmitted to the Commissioner.

Such amendments shall not come into force until they have received, on the recommendation of the Commissioner, the sanction of the Lieutenant-Governor in Council. 32 V., c. 14, s. 4.

With the 1730. If the Lieutenant-Governor in Council, on the recomapproval of the Lieuten- mendation of the Commissioner, approve the constitution and ant-Governor, by-laws of the society, the Commissioner shall give to such the Commis- society a certificate, according to form B of this section, which shall have all the effects of a charter, conferring upon the tificate in the society the right of contracting, suing and being sued, under the name which shall be bestowed upon it, as hereinafter provided, in regard to all business which it shall transact in conformity with the object and intention of the present section, of taking by devise and of holding real estate to an amount not exceeding one thousand dollars in annual revenue.

nature of a

charter.

Registration

tion.

The Commissioner shall register such certificate in the office and publica of the Provincial Registrar, and shall give notice of all the foregoing in the Quebec Official Gazette according to form C of this section. 32 V., c. 14, s. 5.

Annual report of their

1731. Every colonization society shall submit, each year, a operations by report of its operations, and a statement of its receipts and expenditure, certified by a competent person, appointed by the Commissioner, to audit its accounts.

societies to

Commis

sioner.

Portion of works to be

performed by Commissioner.

Upon whose application.

The Commissioner shall cause work to be performed on colonization roads and bridges or other improvements deemed necessary for the furtherance of colonization, to an amount equal to one-third of the sum subscribed by each society.

43

Such works shall be undertaken, upon an application in due form from the board of management of each society. 44 V., c. 18, s. 8.

of a dissolved

1732. All the property and all the goods, chattels, bills, Liquidation notes and sums of money of any society dissolved shall be of the affairs vested in the Commissioner, and he may appoint a trustee to society. settle and liquidate the property and debts of such society, and, if necessary, he may appropriate for such object the whole or part of the subsidy which would have come to the same for the year in which it was dissolved. 32 V., c. 14, s. 13.

1733. When a society shall have fulfilled its object, it shall Dissolution of be lawful for it, by a petition signed by two-thirds of the societies. members of its board of management, and approved by twothirds of the members of the society present at a general meeting specially called for that purpose, to submit to the Lieutenant-Governor the reasons why it should be dissolved.

The Lieutenant-Governor in Council, on the report of the Declaration Commissioner, may declare such society dissolved, and all the of dissolution. above provisions shall apply. 32 V., c. 14, s. 14.

afforded

1734. Every society may, from time to time, address to the Facilities Commissioner of Crown Lands a requisition for lands for the societies for settlers whom it is desirous of establishing, and such Com- purchasing missioner may, from time to time, with the approval of settlers. the Lieutenant-Governor in Council, assign to the society a township or part of a township for its operations.

lands for

ference there

The lots of such township or such part of a township shall be Reserve of reserved for the settlers sent by such society, who, at the prices lots and preand on the conditions required by law and the regulations for on. the sale of Crown lands, shall have preference over all others. The society shall establish upon the said lots, within Lots to be the delays required by the order in council, the number of settlers directed thereby; and, if the society do not do so, the Effect of deCommissioner of Crown Lands may sell the lands to others. fault.

settled.

In no case, shall a township or part of a township be thus Duration of reserved for more than three years. 32 V., c. 14, s. 16.

reserve.

certain cases.

1735. The Commissioner of Crown Lands may make to Free grants each society a free grant of one lot for every ten lots which to societies in have been settled by settlers of the society; such free grants being subject to the ordinary conditions of clearing and settle

ment.

The society shall dispose of the lots thus granted in the Disposal of manner provided by its by-laws. 32 V., c. 14, s. 17.

lots.

1736. Any incorporated city or town, or any county, town, Municipalivillage, township or parish municipality, and any other corpor- ties and agriation in this Province, may subscribe funds in favor of one or societies may

more colonization societies.

cultural

subscribe.

The annual amount thus contributed or paid to such society Sum subscribshall be reckoned on the apportionment of the Government ed to be grant as if it had been subscribed and paid by the members of counted for the society.

grant.

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